Federal Theft and Fraud Sentences With No Dollar Loss, Fiscal Year 2022
Of the 292 people sentenced in fiscal year 2022 for federal theft or fraud in the no-loss band, 288 (99%) pleaded guilty. Prison was ordered for 204 (70%), and the median prison term was 5.8 months. Sentences above the guideline range went to 54 people (18%).
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Trends › Federal Prosecution Analysis › Federal Theft and Fraud Sentences With No Dollar Loss, FY201 › no loss: FY2022
In brief: Of the 292 people sentenced in fiscal year 2022 for federal theft or fraud in the no-loss band, 288 (99%) pleaded guilty. Prison was ordered for 204 (70%), and the median prison term was 5.8 months. Sentences above the guideline range went to 54 people (18%).
This post uses the U.S. Sentencing Commission's records of 292 people sentenced in federal court in fiscal year 2022. 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.
Almost Every Case Ended in a Guilty Plea
In this fiscal year, 288 of 292 people pleaded guilty and 4 were convicted after a trial. The guilty plea rate of 99% is the highest in the yearly table for this band.
Of the 4 convicted at trial, only 1 was sent to prison, with a term of 12 months. One case cannot show anything general about trial sentences. After a guilty plea, the median prison term was 5.7 months.
Written plea agreements were part of 71% of the guilty pleas. The other 29% were straight pleas with no agreement.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 178 | 6 months | 98% |
| 2017 | 201 | 6 months | 96% |
| 2018 | 209 | 6 months | 97% |
| 2019 | 234 | 4.4 months | 97% |
| 2020 | 404 | 5.2 months | 98% |
| 2021 | 240 | 4.5 months | 98% |
| 2022 | 292 | 5.8 months | 99% |
| 2023 | 162 | 6 months | 96% |
| 2024 | 152 | 4.3 months | 95% |
| 2025 | 135 | 4 months | 94% |
What the No-Loss Band Is
Federal theft and fraud sentences under guideline §2B1.1 are grouped by the dollar loss the records list. The groups follow the steps in the guideline's loss table. In this band, the recorded loss is none.
The records do not describe the conduct in these cases. They show only the loss entry and the sentence.
Prison, Probation, and Term Length
A prison term was ordered for 204 people (70%). Probation only, with no prison or other confinement, was ordered for 75 (26%).
Among those sent to prison, the median was 5.8 months. A quarter received 12 months or more. Another quarter received 2 months or less.
Across fiscal years 2016 to 2025, the band's median prison term was 5.2 months and 69% went to prison. Both figures for fiscal year 2022 were higher.
How Did Judges Use the Guideline Range?
The guideline range was recorded for all 292 people. Within the range were 73% (212).
Above the range were 18% (54). Below the range without a government request were 6% (18). Below the range at the government's request were 3% (8).
Sentences above the range outnumbered those below it. The data records only the position of the sentence, not the reasons the judge gave.
Next to Every Theft and Fraud Sentence
Across every loss band under guideline §2B1.1, 5,208 people were sentenced in fiscal year 2022. Their median prison term was 21 months, and 76% were sent to prison.
The no-loss median of 5.8 months was much lower than the 21-month figure for the full guideline. The prison share for the no-loss band was also lower.
Supervision, Money Orders, and Criminal History
Supervised release after prison was ordered for 156 people (53%), with a median term of 36 months. Fines were ordered for 54 (18%). Restitution was ordered for 5 (2%).
A mandatory minimum prison term applied to 3 people (1%).
Most people were in the lowest criminal history category, category I: 81%. The highest, category VI, held 3%.
Where the Records Stop
The Sentencing Commission counts people after conviction and sentencing. A case that ended in acquittal or dismissal is not part of these 292.
The federal fiscal year begins October 1 and ends September 30. Court-martial records use trial dates and seldom show what a stolen item was worth. That is why there is no court-martial figure for a no-loss band.
How We Counted
People sentenced in fiscal year 2022 under guideline §2B1.1 whose recorded dollar loss falls in the band "no loss" (292), 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 No Dollar Loss, FY2016–2025 (overview)
- Federal Theft and Fraud Sentences With No Dollar Loss, Fiscal Year 2021 (previous or next year)
- Federal Theft and Fraud Sentences With No Dollar Loss, Fiscal Year 2023 (previous or next year)
- Federal Theft and Fraud Sentences With a Loss of $1,000 or Less, Fiscal Year 2022 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $1,001 to $15,000, Fiscal Year 2022 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $15,001 to $95,000, Fiscal Year 2022 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $95,001 to $550,000, Fiscal Year 2022 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $550,001 to $3.5 Million, Fiscal Year 2022 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2022 (same year, other loss band)
- Federal Theft and Fraud Sentences With the Loss Amount Not Specified, Fiscal Year 2022 (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.