Federal Theft and Fraud Sentences With the Loss Amount Not Specified, Fiscal Year 2025
In fiscal year 2025, 870 people were sentenced in federal court for theft or fraud under §2B1.1 with the loss amount not specified, and 660 (76%) went to prison. The overall median prison term was 18 months. The 36 people convicted at trial, all of whom went to prison, had a median prison term of 78
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Trends › Federal Prosecution Analysis › Federal Theft and Fraud Sentences With the Loss Amount Not S › loss not specified: FY2025
In brief: In fiscal year 2025, 870 people were sentenced in federal court for theft or fraud under §2B1.1 with the loss amount not specified, and 660 (76%) went to prison. The overall median prison term was 18 months. The 36 people convicted at trial, all of whom went to prison, had a median prison term of 78 months, compared with 18 months after a guilty plea.
This post uses the U.S. Sentencing Commission's records of 870 people sentenced in federal court in fiscal year 2025. 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.
Trial Sentences in Fiscal Year 2025
834 of the 870 (96%) pleaded guilty. The remaining 36 were convicted after a trial, and the records show all 36 were sent to prison.
Their median prison term was 78 months. For people sent to prison after a guilty plea, the median was 18 months.
These figures should be read with care. A median from 36 sentences is based on few cases. The data also does not show the charges, the conduct, or the criminal history that separated trial cases from plea cases, so it cannot show how much of the difference, if any, came from the trial itself.
Prison Length for the Whole Band
Across the 660 people sent to prison, the median term was 18 months. A quarter received 38.2 months or more, and a quarter received 6 months or less.
180 people (21%) received probation only, with no prison or other confinement. 626 (72%) were ordered to serve supervised release after prison, with a median term of 36 months. 1 person received supervised release for life.
How the Sentencing Commission Groups These Cases
For theft and fraud, guideline §2B1.1 uses a loss table that steps up with the dollar amount. The Sentencing Commission's loss bands use those same steps. This post covers the 870 people whose records list no loss amount.
People are in the data only if they were convicted and sentenced. Acquittals and dismissed cases are not included. Fiscal year 2025 ran from October 1, 2024 to September 30, 2025.
Guideline Range and Mandatory Minimums
All 870 had a recorded position against the guideline range. 380 (44%) were sentenced within it. 233 (27%) were sentenced below it at the government's request. 225 (26%) were sentenced below it without a government request. 32 (4%) were sentenced above it.
A mandatory minimum prison term applied to 85 people (10%).
92% of guilty pleas were made under a written plea agreement. 8% were straight pleas, with no agreement.
Restitution, Fines, and Prior Record
Restitution was ordered for 575 people (66%), and a fine for 103 (12%).
73% were in criminal history category I, and 5% were in category VI. Court-martial records have no criminal history field.
How the Year Compares
All §2B1.1 cases in fiscal year 2025, from every loss band, numbered 4,804. Their median prison term was 20.5 months, and 75% went to prison. This band's median was lower, and its prison rate was higher.
For the full period from fiscal year 2016 to 2025, the band included 10,086 people, with a median prison term of 20 months and 74% sent to prison. The table shows each year.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 1,240 | 24 months | 95% |
| 2017 | 1,064 | 24 months | 95% |
| 2018 | 1,242 | 24 months | 95% |
| 2019 | 1,244 | 20 months | 96% |
| 2020 | 715 | 18 months | 96% |
| 2021 | 834 | 16.9 months | 97% |
| 2022 | 1,062 | 18 months | 95% |
| 2023 | 907 | 18 months | 95% |
| 2024 | 908 | 21 months | 95% |
| 2025 | 870 | 18 months | 96% |
What Remains Unknown
The records do not explain the missing loss amounts or the reasons for any sentence. Court-martial records rarely include the dollar value of a larceny, so this band has no military comparison.
How We Counted
People sentenced in fiscal year 2025 under guideline §2B1.1 whose recorded dollar loss falls in the band "loss not specified" (870), 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 the Loss Amount Not Specified, FY2016–2025 (overview)
- Federal Theft and Fraud Sentences With the Loss Amount Not Specified, Fiscal Year 2024 (previous or next year)
- Federal Theft and Fraud Sentences With No Dollar Loss, Fiscal Year 2025 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $1,000 or Less, Fiscal Year 2025 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $1,001 to $15,000, Fiscal Year 2025 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $15,001 to $95,000, Fiscal Year 2025 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $95,001 to $550,000, Fiscal Year 2025 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss of $550,001 to $3.5 Million, Fiscal Year 2025 (same year, other loss band)
- Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2025 (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.