Theft and Fraud Sentences in 2020: Federal Court vs. Courts-Martial
In 2020, 27 of 40 court-martial convictions for larceny, theft, and fraud (68%) included confinement, and the median was 4 months. In fiscal year 2020, federal courts sentenced 4,356 people under guideline §2B1.1. Of them, 72% received a prison term, and the median term was 18 months.
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In brief: In 2020, 27 of 40 court-martial convictions for larceny, theft, and fraud (68%) included confinement, and the median was 4 months. In fiscal year 2020, federal courts sentenced 4,356 people under guideline §2B1.1. Of them, 72% received a prison term, and the median term was 18 months.
This post uses the U.S. Sentencing Commission's records of 4,356 people sentenced in federal court in fiscal year 2020, 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 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.
A Small Military Count for 2020
The data holds 40 Article 121 convictions with trial dates in 2020. The Marine Corps had 18, the Navy 14, and the Air Force 8. A single year of 40 cases is a small group, and its figures can shift a great deal from year to year.
Confinement was adjudged in 68% of these convictions. A quarter of the sentences were 7.5 months or more, and the median was 4 months.
Of the 37 enlisted members convicted, 17 received a punitive discharge (46%): 2 dishonorable discharges and 15 bad-conduct discharges. Neither of the 2 officers convicted was dismissed.
| Courts-martial, 2020 | Federal court, FY2020 | |
|---|---|---|
| Convictions or people sentenced | 40 | 4,356 |
| Sentenced to confinement or prison | 68% | 72% |
| Median confinement or prison | 4 months | 18 months |
| A quarter received this or more | 7.5 months | 36 months |
| Pleaded guilty | 32 of 37 with a plea recorded (86%) | 96% |
| Mandatory minimum applied | See the caveats | 497 of 4,355 with the information (11%) |
Federal Theft and Fraud Sentences
Of the 4,356 people sentenced in federal court, 3,152 (72%) received a prison term. Probation only went to 892 (20%).
The median federal prison term was 18 months. A quarter received 36 months or more, and a quarter received 6 months or less.
Federal prison was imposed slightly more often than court-martial confinement was adjudged in 2020: 72% compared with 68%. The federal median was higher: 18 months against 4 months.
Trials Were Uncommon on Both Sides
In federal court, 4,194 people pleaded guilty (96%), and 162 were convicted at trial. The median after a guilty plea was 18 months. After a trial it was 57 months, based on 148 people sent to prison.
Of the 37 military convictions with a plea recorded, 32 (86%) were guilty pleas. The median confinement after a guilty plea was 4 months, across 22 cases. Contested convictions had a median of 5.5 months, based on only 4 cases with confinement.
A general court-martial accounted for 11 of the 40 convictions (28%).
Guideline Range and Other Federal Orders
Of 4,353 federal sentences with guideline information, 1,930 (44%) were within the range. Below the range at the government's request were 941 (22%). Below the range without that request were 1,357 (31%), and 125 (3%) were above the range.
A mandatory minimum applied to 497 people (11%). Restitution was ordered for 3,296 (76%) and a fine for 358 (8%). Supervised release followed prison for 2,924 (67%), with a median of 36 months.
Among federal guilty pleas, 87% had a written plea agreement and 12% had none. In criminal history, 72% were in category I and 5% in category VI.
Different Calendars and Different Measures
Military convictions are grouped by the calendar year of trial. Federal fiscal year 2020 began October 1, 2019 and ended September 30, 2020.
The court-martial figure is the sentence adjudged at trial, before clemency or appeal. The federal figure is the prison term imposed, not time served. Guideline §2B1.1 also takes in embezzlement and property damage.
Court-martial records have no criminal history field, so the prior records of service members cannot be compared.
Context From All Years
From 2016 to 2025, the data has 626 court-martial convictions with a median confinement of 5 months. Federal courts sentenced 53,639 people over fiscal years 2016 to 2025, with a median prison term of 21 months.
These counts do not reveal the amount of loss in the military cases, the details of the conduct, 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 2020 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (40). Federal: people sentenced in fiscal year 2020 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (4,356), 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 (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial (overview)
- Theft and Fraud Sentences in 2019: Federal Court vs. Courts-Martial (previous or next year)
- Theft and Fraud Sentences in 2021: Federal Court vs. Courts-Martial (previous or next year)
- Theft and Fraud Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Theft and Fraud: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Theft and Fraud: Federal Sentences vs. Army Courts-Martial
- Theft and Fraud: Federal Sentences vs. Marine Corps Courts-Martial
- Theft and Fraud: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Theft and Fraud: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington
- Theft and Fraud: Courts-Martial at Camp Lejeune vs. Federal Court in the Eastern District of North Carolina
- Theft and Fraud: Courts-Martial at Camp Pendleton vs. Federal Court in the Southern District of California
- Army Article 121 Cases by the Numbers, 2021–2025 (court-martial data)
- Article 121 Sentences in the Army: Confinement and Discharges, 2021–2025 (court-martial data)
- Fighting an Army Larceny Charge: How Contested Cases Ended (court-martial data)
- Guilty Pleas in Army Larceny Cases: How Often, and What Came Next (court-martial data)
- Air Force Article 121 Cases by the Numbers, 2016–2025 (court-martial data)
- What Sentence Follows an Air Force Larceny Conviction? (court-martial data)
- Pleading Guilty to Article 121 in the Air Force: What Sentences Followed? (court-martial data)
- How Has Article 121 Changed in Navy-Marine Corps Courts-Martial Since 2017? (court-martial data)
- Article 121 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025 (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 121 Cases: What Happened at Trial (court-martial data)
- Guilty Pleas in Navy-Marine Corps Larceny Cases: How Often, and What Came Next (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.