USSC proposes restructuring 2B1.1 loss table and new enhancements for non-economic victim harm

Ellen Dinsmore, a senior research associate at the United States Sentencing Commission, presented proposed revisions to section 2B1.1 (Primary Economic Crime Guideline). Part A would restructure the loss table into wider ranges (examples: no offense-level increase for losses up to $15,000 under the restructured table); Part B would add and amend specific-offense characteristics, including a new bracketed enhancement for substantial non-economic harm.

"Part b of the proposed amendment would create a new specific events characteristic at section 2 b 1.1 b 3 by adding an enhancement for offenses that result in substantial non-economic harm to 1 or more victims," Dinsmore said, and noted the bracketed proposal contemplates a 2-, 3- or 4-level enhancement with examples of noneconomic harm such as "physical harm, psychological harm, emotional trauma, harm to reputation or credit rating, and invasion of privacy." The Commission reported its review of case files from fiscal year 2023: it examined 1,197 case files with information on 7,309 victims and recorded rates of noneconomic harms (for example, psychological or emotional harm in 4% of victims and bodily injury in 1%).

Dinsmore also described proposed changes to the sophisticated-means enhancement (2B1.1(b)(10)) to define it as conduct with greater complexity than typical for the offense and to give courts additional guidance. The Commission reported that courts applied the sophisticated-means enhancement to 20% of individuals sentenced under 2B1.1 in FY2024 and provided subsection breakdowns among those applications.

The Commission framed these changes as bracketed policy options and invited comments on the appropriate enhancement levels and examples. The proposals were published for public comment; materials and submission details are on the Commission's website. The public comment period closes on Feb. 10, 2026.