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# Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2023
- URL: https://www.bodiesburied.com/trends/federal-theft-fraud-loss-over-3-5-million-fy2023/
- Published: 2026-11-03T06:12:37.000Z
- Updated: 2026-11-03T06:12:37.000Z
- Description: Only 17% (62) of federal theft and fraud sentences with a loss over $3.5 million fell within the guideline range in fiscal year 2023, among 368 records with that information. The 371 people sentenced that year had a median prison term of 51.5 months (4.3 years), and 338 (91%) went to prison.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Federal Theft and Fraud Sentences With a Loss Over $3.5 Mill](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-over-3-5-million/) › over $3.5 million: FY2023

**In brief:** Only 17% (62) of federal theft and fraud sentences with a loss over $3.5 million fell within the guideline range in fiscal year 2023, among 368 records with that information. The 371 people sentenced that year had a median prison term of 51.5 months (4.3 years), and 338 (91%) went to prison.

Updated November 3, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025

This post uses the U.S. Sentencing Commission's records of 371 people sentenced in federal court in fiscal year 2023\. 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](https://www.bodiesburied.com/trends/federal/) series, which builds on [Military Moves Toward Sentencing Guidelines to Mirror the Federal System](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/). How the numbers were built: [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/).

## Few Sentences Within the Guideline Range

The guideline range is the number of months the federal sentencing guidelines call for in a case. In 2023, 368 of the 371 records showed where the sentence fell against it.

Within the range: 62 people, or 17%. Below the range at the government's request: 170 people, or 46%. Below the range with no government request: 128 people, or 35%. Above the range: 8 people, or 2%.

These are counts of outcomes. The records do not say why a sentence went below or above the range.

## Prison and Probation

Prison terms were given to 338 people, 91% of those sentenced. Probation only was given to 21 people (6%), who served no prison or other confinement.

The median prison term was 51.5 months. One quarter of those in prison received 30 months or less, and one quarter received 80.8 months or more.

## What Did a Trial Mean for the Prison Term?

Of the 371, 329 (89%) pleaded guilty. The 42 others were convicted at trial, and all 42 were sent to prison.

The median prison term was 50 months after a guilty plea and 87 months after a trial conviction. These are medians for different sets of cases. The data cannot show whether the trial itself, the facts, or the charges account for the gap.

Of the guilty pleas, 94% were entered under a written plea agreement. The remaining 6% were straight pleas.

## Restitution, Fines, and Supervised Release in 2023

Restitution was ordered for 321 people (87%), and fines for 35 (9%).

Supervised release was ordered for 330 people (89%) to follow prison. The median length was 36 months.

A mandatory minimum prison term applied to 28 people (8%). In criminal history, 85% fell into category I, the lowest, and 1% fell into category VI, the highest.

## Measured Against Other Years and All Bands

The 2023 median of 51.5 months was lower than the median of 54 months for this band across fiscal years 2016 to 2025\. That longer period covered 3,842 people, of whom 94% went to prison.

All §2B1.1 theft and fraud cases sentenced in fiscal year 2023 numbered 4,904\. That group had a median prison term of 21 months, and 75% went to prison. Sentences in the over-$3.5 million band were longer at the median, and prison was more common.

| 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 This Count Cannot Show

The source is U.S. Sentencing Commission data, which covers only people convicted and sentenced. Dismissals and acquittals are not part of it. Fiscal year 2023 ran from October 1, 2022, to September 30, 2023.

A military comparison by loss is not available, since court-martial records seldom show a larceny's dollar value. Courts-martial also keep no criminal history field.

### How We Counted

People sentenced in fiscal year 2023 under guideline §2B1.1 whose recorded dollar loss falls in the band "over $3.5 million" (371), 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](https://www.bodiesburied.com/trends/military-sentencing-guidelines-federal-system/) (the background article)
- [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) (all federal posts)
- [How the Federal Comparison Data Was Built](https://www.bodiesburied.com/trends/federal-data-methodology/) (sources and method)
- [Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, FY2016–2025](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-over-3-5-million/) (overview)
- [Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2022](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-over-3-5-million-fy2022/) (previous or next year)
- [Federal Theft and Fraud Sentences With a Loss Over $3.5 Million, Fiscal Year 2024](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-over-3-5-million-fy2024/) (previous or next year)
- [Federal Theft and Fraud Sentences With No Dollar Loss, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-no-loss-fy2023/) (same year, other loss band)
- [Federal Theft and Fraud Sentences With a Loss of $1,000 or Less, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-1000-or-less-fy2023/) (same year, other loss band)
- [Federal Theft and Fraud Sentences With a Loss of $1,001 to $15,000, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-1001-to-15000-fy2023/) (same year, other loss band)
- [Federal Theft and Fraud Sentences With a Loss of $15,001 to $95,000, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-15001-to-95000-fy2023/) (same year, other loss band)
- [Federal Theft and Fraud Sentences With a Loss of $95,001 to $550,000, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-95001-to-550000-fy2023/) (same year, other loss band)
- [Federal Theft and Fraud Sentences With a Loss of $550,001 to $3.5 Million, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-550001-to-3-5-million-fy2023/) (same year, other loss band)
- [Federal Theft and Fraud Sentences With the Loss Amount Not Specified, Fiscal Year 2023](https://www.bodiesburied.com/trends/federal-theft-fraud-loss-not-specified-fy2023/) (same year, other loss band)
- [Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/)
- [Army Article 121 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-121-trend-2021-2025/) (court-martial data)
- [Air Force Article 121 Cases by the Numbers, 2016–2025](https://www.bodiesburied.com/trends/air-force-article-121-trend-2016-2025/) (court-martial data)
- [How Has Article 121 Changed in Navy-Marine Corps Courts-Martial Since 2017?](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-trend-2017-2025/) (court-martial data)
- [Article 121 (Larceny): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-121-courts-martial/) (court-martial data)
- [Article 121 UCMJ: Larceny and Wrongful Appropriation](https://www.ucmj-defender.com/practice-areas/court-martial/article-121/?ref=bodiesburied.com) (law firm reference page)
- [U.S. Sentencing Commission, Individual Offender Datafiles](https://www.ussc.gov/research/datafiles/commission-datafiles?ref=bodiesburied.com) (source)
- [Federal Judicial Center, Integrated Database (criminal defendants)](https://www.fjc.gov/research/idb?ref=bodiesburied.com) (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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.