The consolidated fraud and theft guideline, U.S.S.G. S2B1.I, has been a subject of sustained comment and critique since its adoption in 2001. Some of the critiques are technical and relate to issues such as the importance of "loss" in economic crime sentencing and the proper definition of concepts like "intended loss" and "sophisticated means." However, for the last decade or so, the dominant complaint has been that 22 Bi.i prescribes sentences that, particularly for many defendants in cases involving high loss amounts, are far too long.
Frank O. Bowman III,
Damp Squib: The Disappointing Denouement of the Sentencing Commission's Economic Crime Project (and What They Should Do Now), 27 Federal Sentencing Reporter 270
Available at: https://scholarship.law.missouri.edu/facpubs/732