Federal Fraud, Theft, and Embezzlement Sentences in the District of Montana, FY2016–2025
In the District of Montana, 311 people were sentenced for fraud, theft, or embezzlement in fiscal years 2016 to 2025. Of these, 64% received a prison term and 32% received probation only, and restitution was ordered for 88%. The median prison term was 24 months (2 years), compared with 20 months in
· Understanding Trends in Military Practice · 7 min read
Trends › Federal Prosecution Analysis › Federal Sentences in the District of Montana, FY2016–2025 › Fraud, Theft, and Embezzlement: District of Montana
In brief: In the District of Montana, 311 people were sentenced for fraud, theft, or embezzlement in fiscal years 2016 to 2025. Of these, 64% received a prison term and 32% received probation only, and restitution was ordered for 88%. The median prison term was 24 months (2 years), compared with 20 months in all 94 districts.
This post uses the U.S. Sentencing Commission's records of 311 people sentenced in federal court in fiscal years 2016 to 2025. 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.
Restitution Was Ordered Often, and Probation Only Was Common
Restitution was ordered for 273 of the 311 people (88%), and a fine was ordered for 18 (6%). Restitution is a court order to repay money to victims.
A prison term was imposed on 199 people (64%), and 100 (32%) received probation only, with no prison or other confinement. In all 94 districts, 73% of people sentenced for this offense type were sent to prison.
How Long Were the Prison Terms?
Among those sent to prison, the median prison term was 24 months. A quarter received 33 months or more, and a quarter received 9 months or less. Across all districts, 58,502 people were sentenced for this offense type, and the median prison term was 20 months.
The Montana median of 24 months is higher than the national median for this offense type. It is lower than the 40 months median for all offenses in the District of Montana.
Guilty Pleas, Trials, and Mandatory Minimums
A total of 301 people (97%) pleaded guilty, and 10 were convicted after a trial. The median prison term was 24 months after a guilty plea. After a trial it was 63 months, but that figure is based on only 5 people who were convicted at trial and sent to prison.
Among the guilty pleas, 90% had a written plea agreement, and 10% were straight pleas. A mandatory minimum prison term applied to 78 of the 311 people, which is 25%.
The Guideline Range
Of the 309 people with the information recorded, 136 (44%) were sentenced within the guideline range. Another 52 (17%) received a term below the range at the government's request, and 117 (38%) received a term below it without that request. A total of 4 people (1%) were sentenced above the range.
In all districts, 45% of sentences for this offense type were within the range, which is about the same as the Montana share. For all offenses in the district, the share was 33%.
Which Guidelines Applied
The Commission's offense type is "Fraud/Theft/Embezzlement." The primary guideline was §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft) for 302 people. Another 2 people were sentenced under §2B1.5 (Theft of, Damage to, or Destruction of, Cultural Heritage Resources).
These cases were 9% of the 3,524 people sentenced in the district during the period.
Supervised Release and Criminal History
Supervised release after prison was ordered for 198 people (64%), with a median term of 36 months.
In criminal history category I, the lowest, 65% of the group were placed, and 6% were in category VI, the highest. Court-martial records have no criminal history field.
Counts by Fiscal Year
Fiscal years 2016 to 2019 account for 118 people, and fiscal years 2020 to 2025 account for 193 people. The table lists the yearly counts, which range from 20 to 44 people, and the yearly median prison terms. Yearly medians in a group this size can move with a few cases.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 33 | 18 months | 94% |
| 2017 | 29 | 18 months | 93% |
| 2018 | 25 | 24 months | 92% |
| 2019 | 31 | 9 months | 97% |
| 2020 | 20 | 8 months | 100% |
| 2021 | 21 | 18 months | 100% |
| 2022 | 43 | 25 months | 98% |
| 2023 | 36 | 24 months | 100% |
| 2024 | 29 | 30 months | 97% |
| 2025 | 44 | 24 months | 98% |
What the Records Cannot Show
Malmstrom AFB, Montana, is in this district. Courts-martial are tried in military courts, not in this federal court.
The data counts only people who were convicted and sentenced, not acquittals or dismissals. Prison terms are the terms imposed, not time served. The records do not show the amount of money involved.
How We Counted
Everyone sentenced in federal court in the District of Montana (U.S. Sentencing Commission district label "Montana") in fiscal years 2016 to 2025 whose offense type was "Fraud/Theft/Embezzlement" (311). Offense types are the Commission's OFFGUIDE categories.
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
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.
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.
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.
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.
Mandatory minimum sentences. Many federal statutes on drugs, images of child exploitation, child sex abuse, and firearms carry mandatory minimum prison terms. The UCMJ has mandatory minimums only for a few offenses (a dishonorable discharge or dismissal for rape and sexual assault, and life for premeditated murder). Federal sentences for these offenses are partly set by Congress, not by the judge.
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)
- Federal Sentences in the District of Montana, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- Federal Assault Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- Federal Sexual Abuse Sentences in the District of Montana, FY2016–2025 (same district, other offense type)
- 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.