> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Theft and Fraud Sentences in 2021: Federal Court vs. Courts-Martial - URL: https://www.bodiesburied.com/trends/federal-theft-fraud-sentences-vs-courts-martial-2021/ - Published: 2026-11-03T06:10:10.000Z - Updated: 2026-11-03T06:10:10.000Z - Description: Federal courts sentenced 4,235 people under guideline §2B1.1 in fiscal year 2021, and 71% received a prison term with a median of 20 months. Courts-martial recorded 83 Article 121 convictions for larceny, theft, and fraud with 2021 trial dates. Confinement was part of 72% of those sentences, and the - 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: 2021 **In brief:** Federal courts sentenced 4,235 people under guideline §2B1.1 in fiscal year 2021, and 71% received a prison term with a median of 20 months. Courts-martial recorded 83 Article 121 convictions for larceny, theft, and fraud with 2021 trial dates. Confinement was part of 72% of those sentences, and the median was 5 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 4,235 people sentenced in federal court in fiscal year 2021, 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/). ## The Army Appears in the Data The Army had 41 of the 83 military convictions in 2021, more than any other service. The Marine Corps had 24, the Navy 14, and the Air Force 4\. Army court-martial records in this data begin in 2020. A general court-martial decided 34 of the convictions (41%). The rest came from lower-level courts-martial. | | Courts-martial, 2021 | Federal court, FY2021 | | ---------------------------------- | ----------------------------------- | --------------------------------------- | | Convictions or people sentenced | 83 | 4,235 | | Sentenced to confinement or prison | 72% | 71% | | Median confinement or prison | 5 months | 20 months | | A quarter received this or more | 11 months | 37 months | | Pleaded guilty | 64 of 83 with a plea recorded (77%) | 98% | | Mandatory minimum applied | See the caveats | 446 of 4,234 with the information (11%) | ## Military Confinement and Discharge Confinement was included in 60 of the 83 sentences (72%). The median was 5 months, and a quarter of sentences were 11 months or more. These are adjudged terms, before any clemency or appeal. Of the 80 enlisted members convicted, 50 (63%) received a punitive discharge. That count is 5 dishonorable discharges and 45 bad-conduct discharges. Of the 2 officers convicted, 1 was dismissed. ## Federal Prison, Probation, and Supervision Prison was ordered for 3,003 of the 4,235 federal defendants (71%), and probation only for 946 (22%). Military confinement and federal prison were about the same in frequency: 72% compared with 71%. The median federal prison term was 20 months, higher than the court-martial median of 5 months. A quarter of federal prison terms were 37 months or more, and a quarter were 6 months or less. Supervised release after prison was ordered for 2,858 (67%), with a median of 36 months. Restitution was ordered for 3,290 (78%) and a fine for 365 (9%). A mandatory minimum applied to 446 (11%). ## Few Federal Trials in Fiscal Year 2021 Guilty pleas accounted for 4,136 of the 4,235 federal cases (98%). Only 99 people were convicted after a trial. That plea rate was the highest in the yearly federal table. After a federal guilty plea, the median prison term was 18 months. After a trial it was 48 months, based on 93 people convicted at trial and sent to prison. Of the guilty pleas, 90% had a written plea agreement. All 83 military convictions had a plea recorded, and 64 (77%) were guilty pleas. After a guilty plea, the median confinement was 4.9 months in 49 cases. Contested cases ending in conviction had a median of 10 months in 11 cases, which is a small group. ## Guideline Range in Federal Court Of 4,230 federal sentences with this information, 40% (1,698) were within the guideline range. Below the range at the government's request: 26% (1,115). Below without a government request: 30% (1,275). Above the range: 3% (142). In criminal history, 71% of federal defendants were in category I and 5% were in category VI. Court-martial records contain no criminal history field. ## What a One-Year Comparison Leaves Out The court-martial count follows calendar 2021 by trial date. Federal fiscal year 2021 ran from October 1, 2020 to September 30, 2021, so the 2 periods do not match exactly. The federal guideline group also includes embezzlement and property damage. Federal prison terms are the terms imposed, not time served. Over all years, the data has 626 court-martial convictions with a median confinement of 5 months, and 53,639 federal sentences with a median prison term of 21 months. Neither set of records shows the dollar loss in the military cases, the conduct behind each conviction, or the reasons for a 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 2021 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (83). Federal: people sentenced in fiscal year 2021 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (4,235), 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 2020: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-sentences-vs-courts-martial-2020/) (previous or next year) - [Theft and Fraud Sentences in 2022: Federal Court vs. Courts-Martial](https://www.bodiesburied.com/trends/federal-theft-fraud-sentences-vs-courts-martial-2022/) (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.