Federal Theft and Fraud Sentences With a Loss of $1,000 or Less, Fiscal Year 2018
Of 161 people sentenced for federal theft or fraud with a loss of $1,000 or less in fiscal year 2018, 54 (34%) received a prison term and 101 (63%) received probation only. The median prison term was 4.5 months. Only 2 people were convicted after a trial, and their median term was 29 months.
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Trends › Federal Prosecution Analysis › Federal Theft and Fraud Sentences With a Loss of $1,000 or L › $1,000 or less: FY2018
In brief: Of 161 people sentenced for federal theft or fraud with a loss of $1,000 or less in fiscal year 2018, 54 (34%) received a prison term and 101 (63%) received probation only. The median prison term was 4.5 months. Only 2 people were convicted after a trial, and their median term was 29 months.
This post uses the U.S. Sentencing Commission's records of 161 people sentenced in federal court in fiscal year 2018. 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.
Guilty Pleas and the 2 Trials
A guilty plea ended 159 of the 161 cases, or 99%. The other 2 people went to trial and were convicted.
The median prison term after a guilty plea was 3.6 months. After a trial it was 29 months. That trial figure rests on just 2 people, so it describes those 2 sentences and not a general pattern.
Of the guilty pleas, 68% had a written agreement with the government. Another 30% were straight pleas, in which the person pleaded guilty without any agreement.
Prison Terms in This Band
Prison was ordered for 54 people. The 101 people who received probation only had no prison or other confinement. For the 54, the median term was 4.5 months.
At the short end, a quarter of them received 0.1 months or less. At the long end, a quarter received 9 months or more.
Over fiscal years 2016 to 2025, the median for this loss band was 5.8 months, and 33% of the 1,210 people were sent to prison. Fiscal year 2018 had a lower median and about the same prison share.
Where This Band Fits Among All Theft and Fraud Cases
The federal theft and fraud guideline, §2B1.1, raises the sentencing range in steps as the loss grows. This post covers the band for a recorded loss of $1,000 or less.
In fiscal year 2018, 5,948 people were sentenced under §2B1.1 across all loss bands. Their median prison term was 24 months, and 74% went to prison. Both figures were higher than the figures for this band.
Position Against the Guideline Range
For 160 of the 161 people, the records show where the sentence fell against the guideline range. Most, 85% (136), were within it.
Below the range without a government request: 9% (15). Below the range at the government's request: 4% (6). Above the range: 2% (3).
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 184 | 6.6 months | more than 99% |
| 2017 | 200 | 5.7 months | 98% |
| 2018 | 161 | 4.5 months | 99% |
| 2019 | 151 | 6 months | 99% |
| 2020 | 108 | 5.6 months | 100% |
| 2021 | 85 | 4.5 months | 99% |
| 2022 | 91 | 1.5 months | 100% |
| 2023 | 102 | 6.5 months | 97% |
| 2024 | 78 | 5.8 months | 99% |
| 2025 | 50 | 5.2 months | 100% |
Restitution, Fines, and Supervision
Restitution was ordered in 111 cases (69%). Fines were ordered in 25 (16%).
Supervised release is a period of court supervision that follows release from prison. It was part of the sentence for 52 people (32%). The median supervised release term was 30 months.
A mandatory minimum prison term applied to 4 people (2%). Criminal history category I, the lowest, covered 70% of the group, and category VI, the highest, covered 10%.
What the Count Leaves Out
The U.S. Sentencing Commission counts people who were convicted and sentenced. Anyone acquitted, or whose case was dismissed, is absent. Its fiscal year 2018 covers October 1, 2017, through September 30, 2018.
No court-martial comparison appears here. Military trial records seldom state the value of property in a larceny, so they cannot be sorted into these dollar bands.
How We Counted
People sentenced in fiscal year 2018 under guideline §2B1.1 whose recorded dollar loss falls in the band "$1,000 or less" (161), U.S. Sentencing Commission (LOSSHI).
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
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.
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.
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.
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 Theft and Fraud Sentences With a Loss of $1,000 or Less, FY2016–2025 (overview)
- Federal Theft and Fraud Sentences With a Loss of $1,000 or Less, Fiscal Year 2017 (previous or next year)
- Federal Theft and Fraud Sentences With a Loss of $1,000 or Less, Fiscal Year 2019 (previous or next year)
- Federal Theft and Fraud Sentences With No Dollar Loss, Fiscal Year 2018 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $1,001 to $15,000, Fiscal Year 2018 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $15,001 to $95,000, Fiscal Year 2018 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $95,001 to $550,000, Fiscal Year 2018 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $550,001 to $3.5 Million, Fiscal Year 2018 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2018 (same year, other loss band)
- Federal Theft and Fraud Sentences With the Loss Amount Not Specified, Fiscal Year 2018 (same year, other loss band)
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial
- Army Article 121 Cases by the Numbers, 2021–2025 (court-martial data)
- Air Force Article 121 Cases by the Numbers, 2016–2025 (court-martial data)
- How Has Article 121 Changed in Navy-Marine Corps Courts-Martial Since 2017? (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.