Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2018
Federal courts sentenced 390 people in fiscal year 2018 for theft or fraud under guideline §2B1.1 where the loss was over $3.5 million. Of them, 360 (92%) received a prison term with a median of 60 months (5 years), and 21 (5%) received probation only.
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Trends › Federal Prosecution Analysis › Federal Theft and Fraud Sentences With a Loss Over $3.5 Mill › over $3.5 million: FY2018
In brief: Federal courts sentenced 390 people in fiscal year 2018 for theft or fraud under guideline §2B1.1 where the loss was over $3.5 million. Of them, 360 (92%) received a prison term with a median of 60 months (5 years), and 21 (5%) received probation only.
This post uses the U.S. Sentencing Commission's records of 390 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.
Prison or Probation in Fiscal Year 2018
A total of 360 people in this group were sentenced to prison. That is 92% of the 390.
Probation with no prison or other confinement was the sentence for 21 people, or 5%. The 2018 prison share of 92% was lower than the 94% recorded for this loss band across fiscal years 2016 to 2025.
For those in prison, the median term was 60 months. A median is the point with equal numbers of people above and below it. The middle range of terms was broad: the shortest quarter received 36 months or less, and the longest quarter received 96 months or more.
Restitution, Fines, and Supervised Release
Courts ordered restitution for 361 people (93%). Restitution is money paid back to victims. A fine was part of the sentence for 29 people (7%).
After prison, 352 people (90%) were ordered to serve supervised release. The median supervised release term was 36 months.
A mandatory minimum prison term applied in 25 cases (6%).
Where Did Sentences Fall Against the Guidelines?
The guideline range is the span of months the sentencing guidelines produce for a given case. All 390 records in this group listed the position of the sentence against that range.
Within-range sentences made up 23% (91). Sentences below the range at the government's request made up 41% (160). Sentences below the range with no government request made up 35% (135). Above-range sentences were 1% (4).
The records show these positions but give no reasons for them.
Guilty Pleas, Trials, and Plea Agreements
In 2018, 331 of the 390 pleaded guilty (85%), and 59 were convicted at trial. Of those who pleaded guilty, 92% had a written plea agreement and 7% entered a straight plea with no agreement.
People who pleaded guilty had a median prison term of 56.5 months. People convicted at trial had a median of 102.5 months, a figure based on the 58 who were sent to prison. The data does not show why these medians differ.
Criminal History in This Band
In this group, 84% were in category I, the lowest federal criminal history category. Only 1% were in category VI, the highest. Court-martial records carry no criminal history field, so there is no military figure to set beside these.
Comparing 2018 With All Loss Bands and All Years
Among all §2B1.1 theft and fraud sentences in fiscal year 2018, across every loss band, there were 5,948 people. In that larger group, 74% received prison and the median prison term was 24 months. The over-$3.5 million band had a higher prison share and a longer median term.
For this band alone over fiscal years 2016 to 2025, the count was 3,842 people and the median prison term was 54 months. The yearly figures appear in the table.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 401 | 60 months | 85% |
| 2017 | 449 | 57 months | 86% |
| 2018 | 390 | 60 months | 85% |
| 2019 | 369 | 60 months | 86% |
| 2020 | 265 | 57 months | 85% |
| 2021 | 311 | 48 months | 92% |
| 2022 | 391 | 54 months | 87% |
| 2023 | 371 | 51.5 months | 89% |
| 2024 | 452 | 48 months | 92% |
| 2025 | 443 | 48 months | 90% |
What the Data Does Not Cover
The Sentencing Commission data begins at sentencing. It has no record of people acquitted or of cases dismissed. Fiscal year 2018 ran from October 1, 2017, to September 30, 2018. Court-martial records rarely show the dollar value of a larceny, so this band has no military counterpart.
How We Counted
People sentenced in fiscal year 2018 under guideline §2B1.1 whose recorded dollar loss falls in the band "over $3.5 million" (390), 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 Over $3.5 Million, FY2016–2025 (overview)
- Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2017 (previous or next year)
- Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, 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 $1,000 or Less, 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 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.