False Claims Against the United States Sentences: Federal Court vs. Courts-Martial, 2016–2025
Courts-martial recorded 17 convictions for frauds against the United States, the military counterpart of federal false claims under 18 U.S.C. 287. Confinement was part of the sentence in 9 of 17 (53%), and the median was 3.9 months. In federal court, 437 people were sentenced in fiscal years 2016 to
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In brief: Courts-martial recorded 17 convictions for frauds against the United States, the military counterpart of federal false claims under 18 U.S.C. 287. Confinement was part of the sentence in 9 of 17 (53%), and the median was 3.9 months. In federal court, 437 people were sentenced in fiscal years 2016 to 2025, 72% received prison, and the median prison term was 27 months.
This post uses the U.S. Sentencing Commission's records of 437 people sentenced in federal court in fiscal years 2016 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
Court-Martial Convictions for Frauds Against the United States
The court-martial records list 17 convictions for frauds against the United States, which has been charged under Article 124 since 2019. Trial dates run from 2020 to 2025. By service, the Army had 7, the Air Force 5, the Navy 4, and the Marine Corps 1.
Only 7 of the 17 convictions (41%) were at a general court-martial. Confinement was part of the sentence in 9 of the 17 (53%).
How Long the Confinement Was
The median adjudged confinement was 3.9 months, and a quarter of the sentences were 5 months or more. After a guilty plea, the median was 3.9 months, from 5 cases with confinement. In contested cases ending in conviction, it was 5 months, from 3 cases with confinement.
These terms come from small groups. The service table shows medians of 1 month for the Army, 1.5 months for the Air Force, and 10 months for the Navy.
The Marine Corps had 1 conviction, and it did not include confinement.
| Service | Convictions, 2016–2025 | With confinement | Median confinement | Punitive discharge (enlisted) | Guilty pleas (where recorded) |
|---|---|---|---|---|---|
| Army | 7 | 3 of 7 | 1 months | 1 of 5 | 5 of 7 |
| Air Force | 5 | 3 of 5 | 1.5 months | 3 of 4 | 4 of 4 |
| Navy | 4 | 3 of 4 | 10 months | 0 of 4 | 2 of 4 |
| Marine Corps | 1 | 0 of 1 | n/a | n/a | n/a |
Discharges and Officers
Of the 13 enlisted members convicted, 4 (31%) received a punitive discharge. All 4 were bad-conduct discharges, and none were dishonorable discharges.
Officers were convicted in 3 cases, and 1 officer was dismissed from the service. Dismissal is the punitive separation for commissioned officers.
What Federal Court Sentenced
The U.S. Sentencing Commission counted 437 people sentenced under guideline §2B1.1 with a conviction under 18 U.S.C. 287, the false claims statute. Of these, 314 (72%) received a prison term, and 94 (22%) received probation only.
The median prison term was 27 months, or 2.2 years. A quarter received 48 months or more, and a quarter received 10.9 months or less.
The federal median was higher than the court-martial median, and a higher share of federal defendants received prison. These measures cover different groups, because the federal data only counts people who were convicted and sentenced.
| Courts-martial, 2016–2025 | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 17 | 437 |
| Sentenced to confinement or prison | 53% | 72% |
| Median confinement or prison | 3.9 months | 27 months |
| A quarter received this or more | 5 months | 48 months |
| Pleaded guilty | 11 of 15 with a plea recorded (73%) | 86% |
| Mandatory minimum applied | See the caveats | 12% |
Pleas, Trials, and Guideline Ranges
In federal court, 378 of 437 (86%) pleaded guilty and 59 were convicted after a trial. The median prison term was 24 months after a guilty plea and 48 months after a trial.
A mandatory minimum applied to 51 people (12%). Sentences were within the guideline range for 40%, below it at the government's request for 26%, below it without that request for 33%, and above it for 1%.
Restitution was ordered for 405 people (93%), and a fine for 32 (7%). Supervised release was ordered for 310 (71%), with a median term of 36 months.
Federal Medians by Fiscal Year
The number of people sentenced fell from 134 in fiscal year 2016 to 19 in fiscal year 2025. The yearly median prison term ranged from 12 months to 36.5 months.
With only 19 to 34 people in most recent years, a single sentence can change a yearly median. The table is better used to see how few cases there are than to find a trend.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 134 | 30 months | 90% |
| 2017 | 70 | 18 months | 87% |
| 2018 | 54 | 27 months | 87% |
| 2019 | 31 | 24 months | 81% |
| 2020 | 34 | 30 months | 79% |
| 2021 | 26 | 18 months | 100% |
| 2022 | 21 | 36.5 months | 67% |
| 2023 | 28 | 33 months | 79% |
| 2024 | 20 | 27 months | 85% |
| 2025 | 19 | 12 months | 100% |
What the Records Cannot Show
Court-martial sentences are as adjudged, before clemency or appeal. Federal terms are terms imposed, not time served. Fiscal years run from October 1 to September 30, and the court-martial counts are by trial date.
The court-martial and federal sides do not share a definition of the offense. The court-martial group is convictions for frauds against the United States, and the federal group is a set of fraud sentencings that include a conviction under 18 U.S.C. 287. Dollar amounts and case facts are not in either set.
How We Counted
Courts-martial: convictions for frauds against the United States (Article 124 since 2019; federal false claims, 18 U.S.C. 287) with trial dates in 2016 to 2025 (17). Federal: everyone sentenced in fiscal years 2016 to 2025 under guideline §2B1.1 cases with a conviction under 18 U.S.C. 287 (false claims) (437), from the U.S. Sentencing Commission's individual data files.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
Who is in each set of numbers. The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.
Different cases reach each system. Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
Offense categories do not line up exactly. Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Military confinement credit and parole. For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.
Military sentences include punishments federal sentences do not. A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Stealing From the Government: 18 U.S.C. 641 and False Claims vs. Articles 121 and 124 (overview)
- Guilty Pleas in False Claims Against the United States Cases: Federal Court vs. Courts-Martial
- Article 124 UCMJ: Frauds Against the United States (law firm reference page)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.