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# Theft and Fraud Sentences in 2018: Federal Court vs. Courts-Martial
- URL: https://www.bodiesburied.com/trends/federal-theft-fraud-sentences-vs-courts-martial-2018/
- Published: 2026-11-03T06:10:08.000Z
- Updated: 2026-11-03T06:10:08.000Z
- Description: Of the 68 Article 121 convictions for larceny, theft, and fraud at courts-martial tried in 2018, 61 (90%) included confinement. In federal court in fiscal year 2018, 4,393 of 5,948 people sentenced under guideline §2B1.1 (74%) received a prison term. The federal median prison term was 24 months, and
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Federal

[Trends](https://www.bodiesburied.com/trends/) › [Federal Prosecution Analysis](https://www.bodiesburied.com/trends/federal/) › [Theft and Fraud by Dollar Loss](https://www.bodiesburied.com/trends/federal-theft-fraud-dollar-loss-vs-article-121/) › Theft and Fraud: 2018

**In brief:** Of the 68 Article 121 convictions for larceny, theft, and fraud at courts-martial tried in 2018, 61 (90%) included confinement. In federal court in fiscal year 2018, 4,393 of 5,948 people sentenced under guideline §2B1.1 (74%) received a prison term. The federal median prison term was 24 months, and the median court-martial confinement was 6 months.

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

This post uses the U.S. Sentencing Commission's records of 5,948 people sentenced in federal court in fiscal year 2018, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). 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/).

## How Often a Sentence Included Time in Custody

Military theft and fraud convictions in 2018 included confinement more often than federal sentences included prison: 90% compared with 74%.

Federal judges gave probation only, with no prison or other confinement, to 1,108 people (19%). The court-martial records count confinement, not probation, so these rates measure slightly different things.

|                                    | Courts-martial, 2018                | Federal court, FY2018                   |
| ---------------------------------- | ----------------------------------- | --------------------------------------- |
| Convictions or people sentenced    | 68                                  | 5,948                                   |
| Sentenced to confinement or prison | 90%                                 | 74%                                     |
| Median confinement or prison       | 6 months                            | 24 months                               |
| A quarter received this or more    | 12 months                           | 41 months                               |
| Pleaded guilty                     | 46 of 50 with a plea recorded (92%) | 95%                                     |
| Mandatory minimum applied          | See the caveats                     | 757 of 5,944 with the information (13%) |

## How Long the Terms Were

The median court-martial confinement was 6 months, and a quarter of sentences were 12 months or more. These are sentences as adjudged at trial, before any clemency or appeal.

Among federal defendants sent to prison, the median term was 24 months (2 years). A quarter received 41 months or more, and a quarter received 9.5 months or less. Federal terms are the terms imposed, not the time served.

## Where Federal Sentences Fell Against the Guidelines

Information on the guideline range was available for 5,942 federal sentences. Within the range: 43% (2,552). Below the range at the government's request: 25% (1,492). Below the range without a government request: 30% (1,757). Above the range: 2% (141).

A mandatory minimum prison term applied to 757 people (13%). Restitution was ordered for 4,863 (82%), and a fine for 408 (7%).

Supervised release after prison was ordered for 4,253 people (72%). The median supervised release term was 36 months.

## Pleas in Each System

A plea was recorded in 50 of the military convictions, and 46 (92%) were guilty pleas. Federal court recorded 5,637 guilty pleas among 5,948 people (95%), with 311 convicted after a trial.

Military confinement after a guilty plea had a median of 6 months across 42 cases. Only 3 contested convictions included confinement, with a median of 3.9 months, which is too small a group to compare.

Federal prison terms were longer after trial: a median of 50 months, based on 295 people, against 24 months after a guilty plea. Of the federal guilty pleas, 90% had a written plea agreement and 9% were straight pleas.

## Services, Court Level, and Discharges

The Marine Corps had 33 of the convictions, the Navy 21, and the Air Force 14\. Army records in the data start in 2020, so 2018 has no Army cases.

Of the 68 convictions, 26 (38%) came from a general court-martial. Among 67 enlisted members convicted, 46 (69%) received a punitive discharge: 6 dishonorable and 40 bad-conduct. The 1 officer convicted was dismissed.

## Limits of a Single-Year Comparison

The military year is calendar 2018 by trial date. Federal fiscal year 2018 ran from October 1, 2017 to September 30, 2018.

The federal guideline also reaches embezzlement and property damage, not only theft and fraud. In criminal history, 68% of the federal group were in category I and 6% in category VI, and court-martial records have no matching field.

For all years in the data, there were 626 court-martial convictions with a median confinement of 5 months, and 53,639 federal sentences with a median prison term of 21 months. The records cannot show the amounts involved in each case or the reasons for any sentence.

| Fiscal year | People sentenced | Median prison | Pleaded guilty |
| ----------- | ---------------- | ------------- | -------------- |
| 2016        | 7,104            | 22.2 months   | 95%            |
| 2017        | 6,358            | 24 months     | 95%            |
| 2018        | 5,948            | 24 months     | 95%            |
| 2019        | 5,707            | 22 months     | 95%            |
| 2020        | 4,356            | 18 months     | 96%            |
| 2021        | 4,235            | 20 months     | 98%            |
| 2022        | 5,208            | 21 months     | 96%            |
| 2023        | 4,904            | 21 months     | 95%            |
| 2024        | 5,015            | 20 months     | 96%            |
| 2025        | 4,804            | 20.5 months   | 96%            |

### How We Counted

Courts-martial with a trial date in 2018 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (68). Federal: people sentenced in fiscal year 2018 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (5,948), U.S. Sentencing Commission.

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

**Who is in each set of numbers.** The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.

**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.

**Military confinement credit and parole.** For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.

**Military sentences include punishments federal sentences do not.** A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.

**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.

**Offense categories do not line up exactly.** Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.

## 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)
- [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/) (overview)
- [Theft and Fraud Sentences in 2017: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-sentences-vs-courts-martial-2017/) (previous or next year)
- [Theft and Fraud Sentences in 2019: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-sentences-vs-courts-martial-2019/) (previous or next year)
- [Theft and Fraud Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far](https://www.bodiesburied.com/trends/federal-theft-fraud-2023-sentencing-reform-so-far/)
- [Theft and Fraud: Federal Sentences vs. Air Force Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-theft-fraud-vs-air-force/)
- [Theft and Fraud: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-vs-army/)
- [Theft and Fraud: Federal Sentences vs. Marine Corps Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-vs-marine-corps/)
- [Theft and Fraud: Federal Sentences vs. Navy Courts-Martial, 2016–2025](https://www.bodiesburied.com/trends/federal-theft-fraud-vs-navy/)
- [Theft and Fraud: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington](https://www.bodiesburied.com/trends/federal-theft-fraud-bremerton-vs-western-district-of-washington/)
- [Theft and Fraud: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina](https://www.bodiesburied.com/trends/federal-theft-fraud-camp-lejeune-vs-eastern-district-of-north-carolina/)
- [Theft and Fraud: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California](https://www.bodiesburied.com/trends/federal-theft-fraud-camp-pendleton-vs-southern-district-of-california/)
- [Army Article 121 Cases by the Numbers, 2021–2025](https://www.bodiesburied.com/trends/army-article-121-trend-2021-2025/) (court-martial data)
- [Article 121 Sentences in the Army: Confinement and Discharges, 2021–2025](https://www.bodiesburied.com/trends/army-article-121-sent-2021-2025/) (court-martial data)
- [Fighting an Army Larceny Charge: How Contested Cases Ended](https://www.bodiesburied.com/trends/army-article-121-acq-2021-2025/) (court-martial data)
- [Guilty Pleas in Army Larceny Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/army-article-121-plea-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)
- [What Sentence Follows an Air Force Larceny Conviction?](https://www.bodiesburied.com/trends/air-force-article-121-sent-2016-2025/) (court-martial data)
- [Pleading Guilty to Article 121 in the Air Force: What Sentences Followed?](https://www.bodiesburied.com/trends/air-force-article-121-plea-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 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-sent-2017-2025/) (court-martial data)
- [Not Guilty Pleas in Navy-Marine Corps Article 121 Cases: What Happened at Trial](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-acq-2017-2025/) (court-martial data)
- [Guilty Pleas in Navy-Marine Corps Larceny Cases: How Often, and What Came Next](https://www.bodiesburied.com/trends/navy-marine-corps-article-121-plea-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.