About the Law Federal prosecutors frequently choose to charge individual defendants with a variety of crimes under a number of different statutes. An organized crime figure who committed a murder, for example, might be indicted for murder, a variety of weapons charges, and numerous organized crime and conspiracy offenses. A bank robbery in which a weapon is used may result in both weapons and bank robbery charges. During the data collection process, the Justice Department asks the prosecutors to select the "lead charge" on all referrals that they handle. Obviously, these judgments often are somewhat subjective when multiple serious charges are involved. Sometimes, they are influenced by the political needs of the moment: an administration, for example, that wants to show the public it is concentrating on organized crime or on violence with weapons.
Here then, as viewed through the lens of federal prosecutors across the country, are the most frequently cited "lead charges" involved in referrals coming from the ATF. The complete text of these frequently cited lead charges can be viewed by selecting the particular statute of interest in the following table.
Click on statute to view text
U.S. Code Description 18 USC 111 assaulting or intimidating govt employee 18 USC 371 conspiracy to defraud the U.S. 18 USC 841 explosives - illegal actions - definitions 18 USC 842 explosives - unlawful acts 18 USC 844 explosives - illegal actions - penalties 18 USC 922 firearms - illegal procedures 18 USC 924 firearms - knowingly makes false statement 18 USC 1001 fraud and false statements 18 USC 1341 mail fraud 18 USC 1512 obstruction of justice 18 USC 1951 interfere with commerce - by threats/violence 18 USC 1952 interstate travel in aid of racketeering 18 USC 1956 laundering of monetary instrument 18 USC 1962 racketeering - prohibited acts 18 USC 2119 robbery - car jacking 18 USC 3146 failure to appear - judicial proceeding 21 USC 812 drugs - control and enforcement 21 USC 841 drugs - prohibited acts 21 USC 844 drugs - possession 21 USC 846 drugs - attempt and conspiracy 21 USC 848 drugs - continuing criminal enterprise 22 USC 2778 arms control - export and import 26 USC 5841 machine guns, other devices - registry 26 USC 5861 machine guns, other devices - prohibited acts
