Federal Fraud, Theft, and Embezzlement Sentences in the Eastern District of New York, FY2016–2025
1,184 people were sentenced for fraud, theft, or embezzlement in the Eastern District of New York in fiscal years 2016 to 2025, which is 18% of the 6,411 people sentenced in the district. 801 (68%) received a prison term, and 334 (28%) received probation only. The median prison term was 13 months, c
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Trends › Federal Prosecution Analysis › Federal Sentences in the Eastern District of New York, FY201 › Fraud, Theft, and Embezzlement: Eastern District of New York
In brief: 1,184 people were sentenced for fraud, theft, or embezzlement in the Eastern District of New York in fiscal years 2016 to 2025, which is 18% of the 6,411 people sentenced in the district. 801 (68%) received a prison term, and 334 (28%) received probation only. The median prison term was 13 months, compared with 20 months across all 94 federal districts.
This post uses the U.S. Sentencing Commission's records of 1,184 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.
Prison Terms and Probation
The offense type "Fraud/Theft/Embezzlement" is a category set by the U.S. Sentencing Commission. In this district, 68% of the 1,184 people went to prison, and 28% received probation only, with no prison or other confinement. Across all 94 districts, 73% went to prison.
Among those sent to prison, the median prison term was 13 months. A quarter received 30 months or more, and a quarter received 0 months or less. The median for all districts was 20 months. The median for all offenses in this district was 27 months. Terms are those imposed, not time served.
Money Ordered Back and Fines
Restitution, which is repayment ordered by the court, was ordered for 852 people (72%). A fine was ordered for 124 people (10%).
724 people (61%) were ordered to serve supervised release after prison, with a median term of 24 months.
Few Sentences Within the Guideline Range
The guideline range is calculated under the U.S. Sentencing Guidelines. 23% of sentences (270 people) were within the range. 32% (382 people) were below the range at the government's request, and 44% (516 people) were below the range without a government request. 1% (15 people) were above the range.
For all districts, 45% of fraud, theft, and embezzlement sentences were within the range. For all offenses in this district, the share was 24%. The share here is lower than the all-district figure for this type.
Guilty Pleas, Trials, and Mandatory Minimums
1,117 of the 1,184 people (94%) pleaded guilty, and 67 were convicted after a trial. The median prison term after a guilty plea was 12 months. After a trial it was 36 months, based on 55 people sent to prison. Among guilty pleas, 97% had a written plea agreement.
A mandatory minimum prison term applied to 68 of the 1,182 people with that information recorded (6%).
Which Guidelines Applied
Nearly all of these cases fell under §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft), with 1,148 people. Smaller groups were §2B1.4 (Insider Trading), with 9 people, §2X3.1 (Accessory After the Fact), with 4 people, and §2B6.1 (Altering or Removing Motor Vehicle Identification Numbers, or Trafficking in Motor Vehicles or Parts with Altered or Obliterated Identification Numbers), with 3 people.
In criminal history, 83% were in the lowest category, Category I, and 1% were in the highest, Category VI. Court-martial records have no criminal history field.
Year by Year
Fiscal years 2016 to 2019 had 469 people, and fiscal years 2020 to 2025 had 715. Yearly counts in the table run from 55 people in fiscal year 2020 to 165 in fiscal year 2025. Median prison terms ranged from 6.5 months in fiscal year 2021 to 18 months in several years.
The records do not show the amount of money involved in any case, so they cannot explain the changes in medians.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 138 | 15.3 months | 93% |
| 2017 | 144 | 18 months | 91% |
| 2018 | 106 | 18 months | 92% |
| 2019 | 81 | 16 months | 96% |
| 2020 | 55 | 18 months | 98% |
| 2021 | 86 | 6.5 months | 98% |
| 2022 | 119 | 12 months | 98% |
| 2023 | 160 | 11.6 months | 93% |
| 2024 | 130 | 18 months | 95% |
| 2025 | 165 | 12 months | 95% |
What Is Not Counted
The Commission counts only people who were convicted and sentenced. Acquittals and dismissals are not included.
How We Counted
Everyone sentenced in federal court in the Eastern District of New York (U.S. Sentencing Commission district label "New York East") in fiscal years 2016 to 2025 whose offense type was "Fraud/Theft/Embezzlement" (1,184). 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 Eastern District of New York, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the Eastern District of New York, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the Eastern District of New York, FY2016–2025 (same district, other offense type)
- Federal Immigration Offense Sentences in the Eastern District of New York, FY2016–2025 (same district, other offense type)
- Federal Robbery Sentences in the Eastern District of New York, 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.