> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Theft and Fraud Charges: How Often Federal Trials and Courts-Martial End in Acquittal - URL: https://www.bodiesburied.com/trends/federal-theft-fraud-acquittal-rate-vs-courts-martial/ - Published: 2026-11-03T01:38:35.000Z - Updated: 2026-11-03T01:38:35.000Z - Description: Of 65 contested courts-martial for larceny, theft, and fraud (Article 121) in the Army, Navy, and Marine Corps that reached a verdict, 6 ended in a full acquittal (9%). Another 24 (37%) were partial acquittals. In federal court, 38 of 164 trials of defendants charged under 18 U.S.C. 641 ended in an - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Federal [Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Theft and Fraud by Dollar Loss](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/) › Theft and Fraud: Acquittals **In brief:** Of 65 contested courts-martial for larceny, theft, and fraud (Article 121) in the Army, Navy, and Marine Corps that reached a verdict, 6 ended in a full acquittal (9%). Another 24 (37%) were partial acquittals. In federal court, 38 of 164 trials of defendants charged under 18 U.S.C. 641 ended in an acquittal (23%), in fiscal years 2016 to 2025. Updated November 2, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results This post uses the Federal Judicial Center's records of 9,190 federal defendants whose cases ended in fiscal years 2016 to 2025, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). 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](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/). ## Full Acquittals in Contested Courts-Martial The court-martial count includes cases tried from 2016 to 2025 in which the accused pleaded not guilty to at least one charge and a verdict was reached. Of the 65 cases, 6 ended in a full acquittal. A partial acquittal means not guilty of at least one charge and guilty of another. There were 24 of these (37%). Federal case data does not report partial acquittals separately. Air Force cases are left out because Air Force records rarely list the charges in acquittals. ## Who Decided Guilt A judge alone decided 39 of the cases, and 1 ended in a full acquittal (3%). Members decided 14 cases, with 4 full acquittals (29%). Within the members group, enlisted members decided 13 cases and 3 ended in a full acquittal (23%). An officer panel decided 1 case, which ended in a full acquittal. The records show no forum for 12 cases, and 1 of them ended in a full acquittal (8%). These counts are small. A single case moves the percentages by a large amount. ## Federal Acquittals at Trial The Federal Judicial Center counted 9,190 defendants charged under 18 U.S.C. 641, theft of government property, whose cases ended in fiscal years 2016 to 2025\. Of these, 6,127 (67%) pleaded guilty and 2,899 (32%) had their cases dismissed. Only 164 (2%) went to trial, and 38 of those trials ended in an acquittal (23%). Jury trials numbered 137, with 26 acquittals (19%). Bench trials, decided by a judge, numbered 27, with 12 acquittals (44%). A total of 6,253 of the 9,190 defendants (68%) were convicted. | Fiscal year | Cases ended | Pleaded guilty | Dismissed | Trials | Acquitted at trial | | ----------- | ----------- | -------------- | --------- | ------ | ------------------ | | 2016 | 1,651 | 65% | 33% | 30 | 9 (30%) | | 2017 | 1,333 | 66% | 32% | 27 | 4 (15%) | | 2018 | 1,116 | 65% | 32% | 31 | 4 (13%) | | 2019 | 1,076 | 66% | 33% | 17 | 7 (41%) | | 2020 | 795 | 62% | 36% | 11 | 2 (18%) | | 2021 | 763 | 68% | 31% | 7 | 3 (3 of 7) | | 2022 | 706 | 73% | 26% | 11 | 3 (27%) | | 2023 | 668 | 69% | 29% | 14 | 2 (14%) | | 2024 | 547 | 65% | 33% | 13 | 2 (15%) | | 2025 | 535 | 73% | 26% | 3 | 2 (2 of 3) | ## Why the Rates Are Not Measuring the Same Thing The court-martial rate counts contested cases that reached a verdict. The federal rate counts trials, which are only a small part of all cases that ended. The federal group is also narrower in the offense. It covers theft of government property, while the court-martial group covers larceny, theft, and fraud as a whole. The federal count includes dismissed cases in its total, but a dismissal is not an acquittal. The 9% and 23% figures answer related questions and should not be set against each other as a ranking. ## Year by Year The court-martial counts are zero or very small in most years. Full acquittals appeared in 2022 (4 of 14), 2023 (1 of 10), and 2025 (1 of 11). The federal trial counts also fell over the period, from 30 trials in fiscal year 2016 to 3 in fiscal year 2025. | Year | Courts-martial: full acquittals of contested cases | Federal: acquittals of trials | | ---- | -------------------------------------------------- | ----------------------------- | | 2016 | 0 of 1 | 9 of 30 | | 2017 | 0 of 0 | 4 of 27 | | 2018 | 0 of 0 | 4 of 31 | | 2019 | 0 of 0 | 7 of 17 | | 2020 | 0 of 4 | 2 of 11 | | 2021 | 0 of 18 | 3 of 7 | | 2022 | 4 of 14 | 3 of 11 | | 2023 | 1 of 10 | 2 of 14 | | 2024 | 0 of 7 | 2 of 13 | | 2025 | 1 of 11 | 2 of 3 | ## How Federal Court and Courts-Martial Screen Cases A federal felony needs a grand jury indictment. A court-martial has no grand jury, and the conclusions of an Article 32 hearing officer are recommendations. The records cannot show how those differences affect which cases reach a verdict. They also cannot show why an accused chose a contested trial. ### How We Counted Courts-martial: Army, Navy, and Marine Corps courts-martial charging larceny, theft, and fraud (Article 121; federal guideline §2B1.1) with trial dates in 2016 to 2025 that were contested and reached a verdict (65). Federal: defendants charged under 18 U.S.C. 641 (theft of government property) whose cases ended in fiscal years 2016 to 2025 (9,190; 164 trials), Federal Judicial Center, counted as in the federal courts' Table D-4. 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. **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. ## Related Analysis - [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article) - [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts) - [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method) - [Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/) (overview) - [Theft and Fraud Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-theft-fraud-2023-sentencing-reform-so-far/) - [Theft and Fraud Charges: Federal Trial Acquittals vs. Contested Army Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-acquittal-rate-vs-army/) - [Theft and Fraud Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-acquittal-rate-vs-marine-corps/) - [Theft and Fraud Charges: Federal Trial Acquittals vs. Contested Navy Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-acquittal-rate-vs-navy/) - [Guilty Pleas in Theft and Fraud Cases: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-guilty-plea-rate-vs-courts-martial/) - [Theft and Fraud Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court](https://www.bodiesburied.com/trends/federal-theft-fraud-junior-enlisted-vs-federal-court/) - [Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?](https://www.bodiesburied.com/trends/federal-trial-acquittal-rates-vs-courts-martial/) (related comparison) - [Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year](https://www.bodiesburied.com/trends/federal-guilty-plea-rates-vs-courts-martial/) (related comparison) - [Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-child-pornography-sentences-vs-courts-martial/) (related comparison) - [Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare](https://www.bodiesburied.com/trends/federal-no-crime-of-drug-use-article-112a/) (related comparison) - [Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025](https://www.bodiesburied.com/trends/federal-drug-distribution-importation-vs-article-112a/) (related comparison) - [Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial](https://www.bodiesburied.com/trends/federal-sexual-abuse-adult-vs-article-120/) (related comparison) - [Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial](https://www.bodiesburied.com/trends/federal-child-sexual-abuse-enticement-vs-article-120b/) (related comparison) - [Army Article 121 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-121-trend-2021-2025/) (court-martial data) - [Article 121 Sentences in the Army: Confinement and Discharges, 2021–2025](https://www.bodiesburied.com/trends/army-article-121-sent-2021-2025/) (court-martial data) - [Fighting an Army Larceny Charge: How Contested Cases Ended](https://www.bodiesburied.com/trends/army-article-121-acq-2021-2025/) (court-martial data) - [Guilty Pleas in Army Larceny Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/army-article-121-plea-2021-2025/) (court-martial data) - [Air Force Article 121 Cases by the Numbers, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-121-trend-2016-2025/) (court-martial data) - [What Sentence Follows an Air Force Larceny Conviction?](https://www.bodiesburied.com/trends/air-force-article-121-sent-2016-2025/) (court-martial data) - [Pleading Guilty to Article 121 in the Air Force: What Sentences Followed?](https://www.bodiesburied.com/trends/air-force-article-121-plea-2016-2025/) (court-martial data) - [How Has Article 121 Changed in Navy-Marine Corps Courts-Martial Since 2017?](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-trend-2017-2025/) (court-martial data) - [Article 121 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-sent-2017-2025/) (court-martial data) - [Not Guilty Pleas in Navy-Marine Corps Article 121 Cases: What Happened at Trial](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-acq-2017-2025/) (court-martial data) - [Guilty Pleas in Navy-Marine Corps Larceny Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-plea-2017-2025/) (court-martial data) - [Article 121 (Larceny): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-121-courts-martial/) (court-martial data) - [Article 121 UCMJ: Larceny and Wrongful Appropriation](https://www.ucmj-defender.com/practice-areas/court-martial/article-121/?ref=bodiesburied.com) (law firm reference page) - [Forum Selection](https://www.ucmj-defender.com/forum-selection/?ref=bodiesburied.com) (law firm reference page) - [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source) - [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.