Organized Crime Prosecutions for April 2013

Number Latest Month 59
Percent Change from previous month 136.0
Percent Change from 5 years ago (Including Magistrate Court) 0.0
Percent Change from 5 years ago (Excluding Magistrate Court) -3.4
Table 1: Criminal Organized Crime Prosecutions

The latest available data from the Justice Department show that during April 2013 the government reported 59 new organized crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 136% over the previous month.

The comparisons of the number of defendants charged with organized crime-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys. (See Table 1)

When monthly 2013 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was the same. Prosecutions over the past year are still much the same than they were five years ago. Overall, the data show that prosecutions of this type are at the same level as in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in organized crime prosecutions

The from the levels five years ago in organized crime prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of organized crime prosecutions of this type recorded on a month-to-month basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court, the magistrate filing date was used since this provides an earlier indicator of actual trends. The superimposed line on the bars plots the six-month moving average so that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.

Within the broad category of organized crime, cases were classified by prosecutors into more specific types.

Case types within organized crime are

  • Organized Crime - Traditional Organizations

  • Organized Crime - Emerging Organizations

The largest number of prosecutions of these matters in April 2013 was for "Organized Crime-Emerging Organization", accounting for 96.6 percent of prosecutions. Prosecutions were also filed for "Organized Crime-Traditional Organization " (3.4%). See Figure 2.

The lead investigative agency for organized crime prosecutions in April 2013 was FBI accounting for 34 percent of prosecutions referred. Other agencies with substantial numbers of organized crime referrals were: FBI (34% ), DEA (3%), DHS (3%). See Figure 3.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions
Pie chart of agenrevgrp

Figure 3: Prosecutions by investigative agency

Organized Crime Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In April 2013, 4 defendants in organized crime cases for these matters were filed in U.S. Magistrate Courts. These courts handle less serious misdemeanor cases, including what are called "petty offenses." In addition, complaints are sometimes filed in the magistrate courts before an indictment or information is entered. In these cases, the matter starts in the magistrate courts and later moves to the district court where subsequent proceedings take place.

In the magistrate courts in April the most frequently cited lead charge was Title 18 U.S.C Section 1028 involving the "Fraud and related activity - id documents". This was the lead charge for 75 percent of all magistrate filings in April.

Organized Crime Prosecutions in U.S. District Courts

In April 2013, 55 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during April there were an additional 1 defendants whose cases moved from the magistrate courts to the U.S. district courts after an indictment or information was filed. The sections which follow cover both sets of cases and therefore cover all matters filed in district court during April.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the prosecutions of organized crime matters filed in U.S. District Court during April 2013.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 1962 - RICO - prohibited activities 43 1 13 1 More
18 USC 2314 - Transportation of stolen goods, etc 3 2 - - More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 3 2 2 5 More
21 USC 846 - Attempt and conspiracy 2 4 8 5 More
18 USC 1001 - Fraud/false statements or entries generally 1 5 - 16 More
18 USC 1344 - Bank Fraud 1 5 16 7 More
18 USC 1512 - Tampering with a witness, victim, or an informant 1 5 16 - More
18 USC 1955 - Prohibition of illegal gambling businesses 1 5 5 11 More
18 USC 1959 - Violent crimes in aid of racketeering activity 1 5 16 2 More
Table 2: Top charges filed

  • "RICO - prohibited activities" (Title 18 U.S.C Section 1962) was the most frequent recorded lead charge.

  • Ranked 2nd in frequency were the lead charges "Transportation of stolen goods, etc" under Title 18 U.S.C Section 2314 and "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841. "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841 was ranked 2 a year ago, while it was ranked 5 five years ago.

Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 3500 percent—compared to one year ago was Title 18 U.S.C Section 1962 that involves " RICO - prohibited activities ". Compared to five years ago, the largest increase—400 percent—was registered for prosecutions under " Prohibition of illegal gambling businesses " (Title 18 U.S.C Section 1955 ).

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 50 percent—was Drug Abuse Prevention & Control-Prohibited acts A (Title 21 U.S.C Section 841 ). Compared to five years ago, the most significant decline in prosecutions— 85.7 percent—was for filings where the lead charge was " Bank Fraud " (Title 18 U.S.C Section 1344 ).

Top Ranked Judicial Districts

In April 2013 the Justice Department said the government brought 21.9 organized crime prosecutions for every ten million people in the United States.

Understandably, there is great variation in the per capita number of organized crime prosecutions that are filed in each of the nation's ninety-four federal judicial districts.

The districts registering the largest number of prosecutions per capita for these matters last month are shown in Table 3. Districts must have at least 5 organized crime prosecutions to receive a ranking.


Judicial District Percapita Count Rank 1yr ago 5yrs ago  
N. Y., S 818 35 1 4 2 More
N Car, W 367 9 2 - - More
Table 3: Top 10 districts (per ten million people)

  • The Southern District of New York (Manhattan)—with 818 prosecutions as compared with 21.9 prosecutions per ten million population in the United States—was the most active during April 2013. The Southern District of New York (Manhattan) was ranked 4 a year ago, while it was ranked 2 for most frequent use five years ago.

  • The Western District of North Carolina (Asheville) ranked 2nd.

The federal judicial district which showed the greatest growth in the rate of organized crime prosecutions compared to one year ago— 180 percent—was Southern District of New York (Manhattan). This was the same district that had the largest increase— 82.6 percent—when compared with five years ago.

Top Ranked District Judges

At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new organized crime crime cases of this type during April 2013 are shown in Table 4.

Judge Count Rank 1yr ago 5yrs ago  
Furman, Jesse Matthew N. Y., S 34 1 - - More
Whitney, Frank DeArmon N Car, W 9 2 - - More
Kronstadt, John Arnold Cal, C 3 3 - - More
Navarro, Gloria Maria Nevada 3 3 11 - More
Tucker, Petrese B. Penn, E 2 5 - - More
Mollway, Susan Oki Hawaii 1 6 - - More
Walls, William H. N. J. 1 6 - - More
Wexler, Leonard D. N. Y., E 1 6 - - More
Carter, Andrew L., Jr. N. Y., S 1 6 - - More
Oliver, Solomon, Jr. Ohio, N 1 6 - - More
Table 4: Top 10 judges

A total of 3 out of the "top ten" judges were in districts which were in the top ten with the largest number of organized crime filings per capita, while the remaining 7 judges were from other districts.

  • Judge Jesse Matthew Furman in the Southern District of New York (Manhattan) ranked 1st with 34 defendants in organized crime cases.

  • Judge Frank DeArmon Whitney in the Western District of North Carolina (Asheville) ranked 2nd with 9 defendants in organized crime cases.

  • Judges John Arnold Kronstadt in the Central District of California (Los Angeles) and Gloria Maria Navarro in the District of Nevada ranked 3rd with 3 defendants in organized crime cases.

Report Generated: June 10, 2013
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