Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial
Federal courts sentenced 53,639 people under the theft and fraud guideline (§2B1.1) in fiscal years 2016 to 2025, and the median prison term was 21 months. Courts-martial recorded 626 Article 121 convictions in those years, with a median adjudged confinement of 5 months. Federal sentences rose with
Understanding Trends in Military Practice · 10 min read
Trends › Federal Prosecution Analysis › Theft and Fraud
In brief: Federal courts sentenced 53,639 people under the theft and fraud guideline (§2B1.1) in fiscal years 2016 to 2025, and the median prison term was 21 months. Courts-martial recorded 626 Article 121 convictions in those years, with a median adjudged confinement of 5 months. Federal sentences rose with the dollar loss, but court-martial records rarely show a dollar value.
This post uses the U.S. Sentencing Commission's records of 53,639 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.
Federal Sentences Rise With the Dollar Loss
In federal court, the dollar loss in a theft or fraud case is part of the sentencing calculation. The median prison term for those imprisoned was 5.8 months when the loss was $1,000 or less, and 12 months for losses of $15,001 to $95,000. It was 33 months for losses of $550,001 to $3.5 million, and 54 months for losses over $3.5 million.
The share sent to prison also changed with the loss. Of the 1,210 people with a loss of $1,000 or less, 33% were sent to prison. Of the 3,842 people with a loss over $3.5 million, 94% were.
| Dollar loss (federal) | People sentenced | Median prison | Sent to prison |
|---|---|---|---|
| no loss | 2,207 | 5.2 months | 69% |
| $1,000 or less | 1,210 | 5.8 months | 33% |
| $1,001 to $15,000 | 4,270 | 8 months | 54% |
| $15,001 to $95,000 | 10,331 | 12 months | 58% |
| $95,001 to $550,000 | 12,709 | 20 months | 78% |
| $550,001 to $3.5 million | 8,821 | 33 months | 92% |
| over $3.5 million | 3,842 | 54 months | 94% |
| loss not specified | 10,086 | 20 months | 74% |
Why Courts-Martial Cannot Be Split by Dollar Loss
Court-martial records rarely show a dollar value. Only 114 of the 820 courts-martial in the data that charged Article 121 (all years) mention a dollar amount.
The court-martial side therefore cannot be placed into the same loss bands. The UCMJ also sets higher maximum punishments for military property and for property worth more than $1,000, so the dollar amount matters there as well.
The Overall Comparison
Courts-martial recorded 626 convictions for larceny, theft, and fraud under Article 121 with trial dates from 2016 to 2025. 505 of the convictions with a sentence recorded (81%) included confinement. In federal court, 39,373 of 53,639 people sentenced (73%) received a prison term, and 10,874 (20%) received probation only.
The share with confinement was higher in courts-martial. The length was lower: the median adjudged confinement was 5 months, compared with a federal median prison term of 21 months. A quarter of those sentenced to confinement in courts-martial received 11 months or more, compared with 40 months or more federally.
The federal guideline also covers embezzlement and property damage, so it is a wider group than Article 121.
| Courts-martial, 2016–2025 | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 626 | 53,639 |
| Sentenced to confinement or prison | 81% | 73% |
| Median confinement or prison | 5 months | 21 months |
| A quarter received this or more | 11 months | 40 months |
| Pleaded guilty | 462 of 551 with a plea recorded (84%) | 96% |
| Mandatory minimum applied | See the caveats | 11% |
Punitive Discharges and Court-Martial Forums
Of the 592 enlisted members convicted under Article 121, 373 received a punitive discharge (63%). That count includes 46 dishonorable discharges and 327 bad-conduct discharges. Officers convicted numbered 29, and 12 were dismissed.
A general court-martial heard 217 of the 626 convictions (35%). One conviction carried confinement for life.
Federal court has no punitive discharge. Federal sentences instead can include supervised release after prison, which 37,917 people (71%) were ordered to serve, and restitution, which was ordered for 43,221 (81%).
Guilty Pleas and Trials
Of the 551 court-martial convictions with a plea recorded, 462 (84%) were guilty pleas. In federal court, 51,323 of 53,639 (96%) pleaded guilty, and 2,316 were convicted after a trial.
The median federal prison term was 20 months after a guilty plea and 48 months after a trial. In courts-martial, the median confinement was 5 months after a guilty plea and 4 months in contested cases ending in conviction.
Cases that go to trial can differ from cases that end in a plea, so these differences are not a measure of a penalty for going to trial.
Differences Among the Services and Over Time
Court-martial convictions were 157 in the Army, 122 in the Air Force, 158 in the Navy, and 189 in the Marine Corps. The median confinement was 3 months in the Army, 3.6 months in the Air Force, 6 months in the Navy, and 6.7 months in the Marine Corps.
Median confinement for trials in 2016 to 2019 was 6 months. For trials in 2020 to 2025 it was 3.6 months. The federal median prison term was 22.2 months in fiscal year 2016 and 20.5 months in fiscal year 2025.
| Service | Convictions, 2016–2025 | With confinement | Median confinement | Punitive discharge (enlisted) | Guilty pleas (where recorded) |
|---|---|---|---|---|---|
| Army | 157 | 81% | 3 months | 67% | 87% |
| Air Force | 122 | 79% | 3.6 months | 58% | 55% |
| Navy | 158 | 76% | 6 months | 49% | 88% |
| Marine Corps | 189 | 86% | 6.7 months | 75% | 88% |
What the Records Cannot Show
The Sentencing Commission counts only people who were convicted and sentenced. Court-martial sentences are as adjudged at trial, before any clemency or appeal, and federal prison terms are the terms imposed, not time served.
Federal fiscal years run from October 1 to September 30, and the court-martial numbers are by trial date. Court-martial records have no criminal history field, and the records cannot show how much of the difference comes from the cases rather than from the courts.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 7,104 | 22.2 months | 95% |
| 2017 | 6,358 | 24 months | 95% |
| 2018 | 5,948 | 24 months | 95% |
| 2019 | 5,707 | 22 months | 95% |
| 2020 | 4,356 | 18 months | 96% |
| 2021 | 4,235 | 20 months | 98% |
| 2022 | 5,208 | 21 months | 96% |
| 2023 | 4,904 | 21 months | 95% |
| 2024 | 5,015 | 20 months | 96% |
| 2025 | 4,804 | 20.5 months | 96% |
How We Counted
Courts-martial: convictions for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) with trial dates in 2016 to 2025 (626). Federal: everyone sentenced in fiscal years 2016 to 2025 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (53,639), U.S. Sentencing Commission 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.
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.
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.
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.
More Detail
Theft and Fraud, year by year: 2016 · 2017 · 2018 · 2019 · 2020 · 2021 · 2022 · 2023 · 2024 · 2025.
Theft and Fraud, by installation: Bremerton · Camp Lejeune · Camp Pendleton · Fort Hood · Jacksonville · Joint Base Lewis-McChord · Marine Corps Base Hawaii · Marine Corps Base Quantico · Mayport · Norfolk · San Diego · Washington Navy Yard.
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)
- Theft and Fraud Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Theft and Fraud Charges: Federal Trial Acquittals vs. Contested Army Courts-Martial
- Theft and Fraud Charges: How Often Federal Trials and Courts-Martial End in Acquittal
- Theft and Fraud Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial
- Theft and Fraud Charges: Federal Trial Acquittals vs. Contested Navy Courts-Martial
- Guilty Pleas in Theft and Fraud Cases: Federal Court vs. Courts-Martial
- Theft and Fraud Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?
- Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year
- Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025
- Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare
- Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025
- Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial
- Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial
- Theft and Fraud: Federal Sentences vs. Army Courts-Martial
- Theft and Fraud: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Theft and Fraud: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Theft and Fraud: Federal Sentences vs. Marine Corps Courts-Martial
- Theft and Fraud: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial
- Army Article 121 Cases by the Numbers, 2021–2025 (court-martial data)
- Article 121 Sentences in the Army: Confinement and Discharges, 2021–2025 (court-martial data)
- Fighting an Army Larceny Charge: How Contested Cases Ended (court-martial data)
- Guilty Pleas in Army Larceny Cases: How Often, and What Came Next (court-martial data)
- Air Force Article 121 Cases by the Numbers, 2016–2025 (court-martial data)
- What Sentence Follows an Air Force Larceny Conviction? (court-martial data)
- Pleading Guilty to Article 121 in the Air Force: What Sentences Followed? (court-martial data)
- How Has Article 121 Changed in Navy-Marine Corps Courts-Martial Since 2017? (court-martial data)
- Article 121 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025 (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 121 Cases: What Happened at Trial (court-martial data)
- Guilty Pleas in Navy-Marine Corps Larceny Cases: How Often, and What Came Next (court-martial data)
- Article 121 (Larceny): Court-Martial Data and Trends (court-martial data)
- Article 121 UCMJ: Larceny and Wrongful Appropriation (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.