18 U.S.C. 1361, Government property or contracts: How Federal Cases Ended, FY2016–2025
Dismissals were common under 18 U.S.C. 1361: 286 of 634 federal defendants (45%) had their cases dismissed in fiscal years 2016 to 2025, and 331 (52%) pleaded guilty. Most of these charges were Class A misdemeanors (400, or 63%) rather than felonies (234, or 37%). Only 17 cases went to trial, and 3
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In brief: Dismissals were common under 18 U.S.C. 1361: 286 of 634 federal defendants (45%) had their cases dismissed in fiscal years 2016 to 2025, and 331 (52%) pleaded guilty. Most of these charges were Class A misdemeanors (400, or 63%) rather than felonies (234, or 37%). Only 17 cases went to trial, and 3 ended in an acquittal.
This post uses the Federal Judicial Center's records of 634 federal defendants whose cases ended in fiscal years 2016 to 2025. The series also draws on the U.S. Sentencing Commission's records of 659,036 people sentenced 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.
Dismissals and Guilty Pleas
The U.S. Code heading for this section is "Government property or contracts". The Federal Judicial Center lists 634 defendants whose most serious charge at the end of the case fell under it.
The records split mostly between 2 results. Guilty pleas ended 331 cases (52%), and dismissals ended 286 (45%).
A dismissal here means the charges were dismissed. It includes dismissals on the government's motion, such as after the defendant pleaded guilty in another case. The records do not say which reason applied to any one case.
Misdemeanors and Felonies
Under this section, felonies were the smaller group. The records list 400 Class A misdemeanors (63%), 234 felonies (37%), and no petty offenses.
The level shown is the level of the most serious charge at the end of the case. The records do not explain why a case was charged at one level or the other.
Convictions and Prison Terms
In total, 345 of the 634 (54%) were convicted, by plea or at trial.
Of the 345 convicted, 192 (56%) received a prison term on this charge. The median term, among terms of 1 month or more, was 12 months. Because misdemeanors and felonies are counted together, this median mixes terms for both levels of charge.
Counsel, Including Self-Representation
Federal public or community defenders represented 291 defendants (46%), the largest group. CJA panel attorneys, private lawyers appointed by the court, represented 114 (18%). Private (retained) counsel represented 76 (12%).
Another 81 defendants (13%) represented themselves. Of those 81, 84% had their cases dismissed and 15% pleaded guilty.
Among the lawyer groups, plea rates were 66% for federal defenders, 69% for CJA panel attorneys, and 62% for retained counsel. Dismissal rates were 31%, 26%, and 34%. Each group had 8 or fewer trials.
These figures describe groups of cases, not the quality of lawyers. Defendants with hired counsel, appointed counsel, or no counsel face different charges and circumstances, and the type of counsel is recorded at the end of the case.
| Type of counsel at the end of the case | Defendants | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| Federal public or community defender | 291 | 66% | 31% | 8 | 2 (2 of 8) |
| CJA panel attorney | 114 | 69% | 26% | 5 | 0 (0 of 5) |
| Private (retained) counsel | 76 | 62% | 34% | 3 | 1 (1 of 3) |
| Self-represented | 81 | 15% | 84% | 1 | 0 (0 of 1) |
How Often Did Trials End in Acquittal?
Of the 17 trials, 9 were jury trials and 8 were bench trials decided by a judge. Juries acquitted in 1 of 9, and judges in 2 of 8.
With so few trials, the overall acquittal rate of 18% rests on 3 verdicts. It should not be read as a stable rate.
Fiscal Year Counts
Cases ending per year ranged from 53 in fiscal year 2016 to 85 in fiscal year 2019. The dismissal rate varied widely, from 64% in fiscal year 2016 to 32% in fiscal years 2018 and 2025. The records do not show what caused the yearly changes.
| Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial |
|---|---|---|---|---|---|
| 2016 | 53 | 34% | 64% | 1 | 0 (0 of 1) |
| 2017 | 60 | 40% | 53% | 4 | 2 (2 of 4) |
| 2018 | 59 | 61% | 32% | 4 | 0 (0 of 4) |
| 2019 | 85 | 53% | 47% | 0 | 0 |
| 2020 | 56 | 52% | 46% | 1 | 1 (1 of 1) |
| 2021 | 63 | 52% | 48% | 0 | 0 |
| 2022 | 66 | 64% | 33% | 2 | 0 (0 of 2) |
| 2023 | 54 | 61% | 37% | 1 | 0 (0 of 1) |
| 2024 | 73 | 41% | 58% | 1 | 0 (0 of 1) |
| 2025 | 65 | 63% | 32% | 3 | 0 (0 of 3) |
What These Numbers Leave Out
The records do not describe the conduct, or the evidence. They count only the most serious charge at the end of each case. The approved crosswalk lists no close court-martial counterpart, so the post covers federal court only.
How We Counted
Every federal defendant whose case ended in fiscal years 2016 to 2025 and whose most serious charge at the end of the case (TTITLE1) was under 18 U.S.C. 1361, any subsection (634), Federal Judicial Center, counted as in the federal courts' Table D-4. Type of counsel is TCOUNSEL; labels from the FJC criminal codebook. Section heading from the U.S. Code as published by the Office of the Law Revision Counsel (release point 119-136).
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.
How "plea" and "trial" are counted. In the federal sentencing numbers, "trial" means the person was convicted after a trial, including people who pleaded guilty to some counts and went to trial on others. People acquitted at trial are not in these numbers at all (see "Who is in each set of numbers"). In the federal case data, the trial rate counts both convictions and acquittals at trial among all defendants whose cases ended, including dismissed cases. Military numbers count contested cases that reached a verdict. These denominators are not the same, and each post states the one it uses.
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.
Type of counsel describes groups of cases, not lawyers. The Federal Judicial Center records the type of counsel at the end of the case. Defendants who hire a lawyer differ from defendants who receive an appointed lawyer in their charges, criminal history, and circumstances, and some defendants change lawyers during a case. Differences in outcomes by type of counsel therefore cannot be credited to the type of lawyer.
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)
- 18 U.S.C. 1348, Securities and commodities fraud: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 1349, Attempt and conspiracy: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 1382, Entering military, naval, or Coast Guard property: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- 18 U.S.C. 1425, Procurement of citizenship or naturalization unlawfully: How Federal Cases Ended, FY2016–2025 (same title of the U.S. Code)
- Appointed vs. Retained Lawyers in Federal Criminal Cases: How Cases Ended, 2016–2025
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?
- 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.