Theft and Fraud Sentences in 2023: Federal Court vs. Courts-Martial
For theft and fraud cases in 2023, federal prison terms were longer than court-martial confinement. The median was 21 months for the 4,904 people sentenced under guideline §2B1.1 in fiscal year 2023 who went to prison, and 3.9 months for the 61 Article 121 convictions for larceny, theft, and fraud a
Understanding Trends in Military Practice · 8 min read
Trends › Federal Prosecution Analysis › Theft and Fraud by Dollar Loss › Theft and Fraud: 2023
In brief: For theft and fraud cases in 2023, federal prison terms were longer than court-martial confinement. The median was 21 months for the 4,904 people sentenced under guideline §2B1.1 in fiscal year 2023 who went to prison, and 3.9 months for the 61 Article 121 convictions for larceny, theft, and fraud at courts-martial. Confinement was part of 82% of the military sentences, and prison was part of 75% of the federal ones.
This post uses the U.S. Sentencing Commission's records of 4,904 people sentenced in federal court in fiscal year 2023, 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.
What Courts-Martial Imposed in 2023
Confinement was adjudged in 50 of the 61 convictions. A quarter of sentences were 6.3 months or more.
Among the 58 enlisted members convicted, 31 received a punitive discharge (53%). Of those, 4 were dishonorable discharges and 27 were bad-conduct discharges. Both of the 2 officers convicted were dismissed.
A general court-martial decided 16 of the 61 cases (26%). The Army accounted for 24 convictions, the Marine Corps 17, the Navy 13, and the Air Force 7.
| Courts-martial, 2023 | Federal court, FY2023 | |
|---|---|---|
| Convictions or people sentenced | 61 | 4,904 |
| Sentenced to confinement or prison | 82% | 75% |
| Median confinement or prison | 3.9 months | 21 months |
| A quarter received this or more | 6.3 months | 40 months |
| Pleaded guilty | 49 of 60 with a plea recorded (82%) | 95% |
| Mandatory minimum applied | See the caveats | 476 of 4,893 with the information (10%) |
Federal Sentences Against the Guideline Range
Guideline range information was recorded for 4,896 federal sentences. A sentence within the range was given in 37% of them (1,818).
Sentences below the range at the government's request made up 28% (1,383). Below the range without a government request made up 32% (1,574). Only 2% (121) were above the range.
A mandatory minimum prison term applied to 476 people (10%).
Prison, Probation, and Other Federal Orders
Of the 4,904 federal defendants, 3,674 received a prison term and 1,016 (21%) received probation only. Among those in prison, a quarter received 40 months or more and a quarter received 7 months or less.
Supervised release after prison was ordered for 3,561 (73%), with a median of 36 months; 1 person received it for life. Restitution was ordered for 3,949 (81%), and a fine for 425 (9%).
Sentences After a Plea and After a Trial
Federal court had 4,682 guilty pleas (95%) and 222 convictions after a trial. The median prison term was 20 months after a plea. After a trial it was 38 months, based on 207 people convicted at trial and sent to prison.
In the military data, a plea was recorded for 60 convictions, and 49 (82%) were guilty pleas. The median confinement after a guilty plea was 3.3 months, in 41 cases. In contested cases ending in conviction, it was 6.2 months, in 8 cases. A group of 8 is too small to treat as a trend.
Of the federal guilty pleas, 92% were under a written plea agreement and 7% were straight pleas.
Why These Figures Are Not a Direct Match
Court-martial cases are counted by calendar year of trial. Federal fiscal year 2023 ran from October 1, 2022 to September 30, 2023.
The military sentence is the one adjudged at trial, before clemency or appeal. The federal number is the prison term imposed, not time served. The federal guideline also covers embezzlement and property damage.
Federal records place 71% of defendants in criminal history category I and 5% in category VI. Court-martial records have no criminal history field, so prior records cannot be compared.
Longer-Term Context
The full data covers 626 court-martial convictions from 2016 to 2025, with a median confinement of 5 months. It also covers 53,639 federal sentences from fiscal years 2016 to 2025, with a median prison term of 21 months.
The yearly federal figures appear below. The records do not show the losses in the military cases or the reasons any sentence was chosen.
| 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 2023 ending in a conviction for larceny, theft, and fraud (Article 121; federal guideline §2B1.1) (61). Federal: people sentenced in fiscal year 2023 under primary guideline §2B1.1 (theft, embezzlement, fraud, and property damage) (4,904), 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 2022: Federal Court vs. Courts-Martial (previous or next year)
- Theft and Fraud Sentences in 2024: 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.