White Collar Crime Prosecutions for April 2013
The latest available data from the Justice Department show that during April 2013 the government reported 701 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 11.3% over the previous month.
White Collar Crime
This report summarizes the government's recent efforts when it comes to combating white collar crime—the number of such cases, the investigative agencies involved, the laws cited, the busiest federal districts and the busiest federal judges.
See more...The comparisons of the number of defendants charged with white collar 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 down (-9.2 percent). Prosecutions over the past year are still much lower than they were five years ago. Overall, the data show that prosecutions of this type are down 3.5 percent from levels reported in 2008.
The leveling out from the levels five years ago in white collar crime prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of white collar 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 white collar crime, cases were classified by prosecutors into more specific types.
Case types within white collar crime are
• Federal Procurement Fraud • Federal Program Fraud • Tax Fraud • Arson for Profit • Other Insurance Fraud • Financial Institution Fraud • Bankruptcy Fraud • Advance Fee Schemes • Other Fraud Against Businesses • Consumer Fraud • Securities Fraud • Commodities Fraud • Other Investment Fraud • Antitrust Violations - Other • Computer Fraud • Health Care Fraud • Fraud Against Insurance Providers • Intellectual Property Violations • Insider Fraud Against Insurance Providers • MEWA (Multiple Employer Welfare Arrangements) Fraud/MET • Antitrust Violations - Airlines • Antitrust Violations - Banking • Antitrust Violations - Defense Procurement • Antitrust Violations - Extraterritorial Application Of • Antitrust Violations - Finance Markets, Other than Banking • Telemarketing Fraud • Corporate Fraud • Identity Theft • Aggravated Identity Theft • Other White Collar Crime/Fraud The largest number of prosecutions of these matters in April 2013 was for "Fraud-Other", accounting for 17.1 percent of prosecutions. Prosecutions were also filed for "Fraud-Federal Program" (13.7%), "Fraud-Tax" (12.8%), " Fraud-Identity Theft-Other" (11.8%), "Fraud-Financial Institution" (8%), "Fraud-Mortgage" (7%), "Fraud-Health Care" (5.8%), "Fraud-Identity Theft-Aggravated" (5.6%), "Fraud-Other Business" (3.7%), "Fraud-Consumer" (3.3%), "Fraud-Securities" (3%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in April 2013 was FBI accounting for 31 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: IRS (16% ), SecServ (12%), DHS (10%), Postal (9%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In April 2013, 124 defendants in white collar 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 "Aggravated Identity Theft". This was the lead charge for 21 percent of all magistrate filings in April.
Other frequently prosecuted lead charges include: "18 USC 371 - Conspiracy to commit offense or to defraud US" (13.7%), "18 USC 1028 - Fraud and related activity - id documents" (8.9%), " 18 USC 1349 - Mail Fraud - Attempt and Conspiracy" (6.5%), "18 USC 1029 - Fraud and related activity - access devices" (5.6%), "18 USC 1546 - Fraud and misuse of visas, permits, and other documents" (5.6%).
White Collar Crime Prosecutions in U.S. District Courts
In April 2013, 577 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during April there were an additional 51 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 white collar crime matters filed in U.S. District Court during April 2013.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 85 1 1 6 More 18 USC 641 - Public money, property or records 52 2 8 7 More 18 USC 1341 - Mail Fraud - Frauds and swindles 50 3 3 2 More 18 USC 371 - Conspiracy to commit offense or to defraud US 46 4 5 3 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 45 5 6 11 More 18 USC 1344 - Bank Fraud 42 6 2 1 More 18 USC 1028 - Fraud and related activity - id documents 34 7 7 4 More 18 USC 1029 - Fraud and related activity - access devices 33 8 4 5 More 26 USC 7206 - Fraud and False statements 29 9 11 9 More 26 USC 7201 - Attempt to evade or defeat tax 19 10 10 10 More Table 2: Top charges filed
"Fraud by wire, radio, or television" (Title 18 U.S.C Section 1343) was the most frequent recorded lead charge. "Fraud by wire, radio, or television" (Title 18 U.S.C Section 1343) was ranked 1 a year ago, while it was ranked 6 five years ago.
Ranked 2nd in frequency was the lead charge "Public money, property or records" under Title 18 U.S.C Section 641. "Public money, property or records" under Title 18 U.S.C Section 641 was ranked 8 a year ago, while it was ranked 7 five years ago.
Ranked 3rd was "Mail Fraud - Frauds and swindles" under Title 18 U.S.C Section 1341. "Mail Fraud - Frauds and swindles" under Title 18 U.S.C Section 1341 was ranked 3 a year ago, while it was ranked 2 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 27.4 percent—compared to one year ago was Title 18 U.S.C Section 641 that involves " Public money, property or records ". Compared to five years ago, the largest increase—142.4 percent—was registered for prosecutions under " Mail Fraud - Attempt and Conspiracy " (Title 18 U.S.C Section 1349 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 37.3 percent—was Mail Fraud - Frauds and swindles (Title 18 U.S.C Section 1341 ). Compared to five years ago, the most significant decline in prosecutions— 40.6 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 245.5 white collar crime prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of white collar 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 white collar crime prosecutions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago Ala, S 1,599 11 1 33 51 More Alaska 1,227 7 2 92 42 More Ga, S 1,067 13 3 79 46 More Ala, M 867 8 4 45 73 More La, E 749 10 5 43 33 More Ala, N 692 16 6 24 61 More Fla, N 628 9 7 51 78 More N Car, W 571 14 8 38 65 More Penn, E 567 27 9 15 16 More Ga, M 545 9 10 77 39 More Table 3: Top 10 districts (per ten million people)
The Southern District of Alabama (Mobile)—with 1599 prosecutions as compared with 245.5 prosecutions per ten million population in the United States—was the most active during April 2013.
The District of Alaska ranked 2nd.
Southern District of Georgia (Savannah) is now ranking 3rd.
Recent entrants to the top 10 list were Eastern District of Pennsylvania (Philadelphia), now ranked 9th , and Northern District of Alabama (Birmingham) at 6th In the same order, these districts ranked 15th and 24th one year ago and 16th and 61st five years ago.
The federal judicial district which showed the greatest growth in the rate of white collar crime prosecutions compared to one year ago— 363.6 percent—was Southern District of Georgia (Savannah). Compared to five years ago, the district with the largest growth— 208.3 percent—was Northern District of Florida (Pensacola).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions— 12.1 percent—was Middle District of Alabama (Montgomery). But over the past five years, Alaska showed the largest drop— 63 percent.
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 white collar crime crime cases of this type during April 2013 are shown in Table 4.
Judge Count Rank Edenfield, Berry Avant Ga, S 12 1 More Feuerstein, Sandra J. N. Y., E 12 1 More Schiller, Berle M. Penn, E 10 3 More Mueller, Kimberly Jo Cal, E 8 4 More Sanchez, Juan Ramon Penn, E 8 4 More Rosen, Gerald Ellis Mich, E 7 6 More Watkins, William Keith Ala, M 6 7 More Pratt, Tanya Walton Ind, S 6 7 More Miller, Gray Hampton Texas, S 6 7 More Coogler, L. Scott Ala, N 5 10 More Steele, William H. Ala, S 5 10 More Burgess, Timothy Mark Alaska 5 10 More Guilford, Andrew J. Cal, C 5 10 More Sharp, George Kendall Fla, M 5 10 More Cooke, Marcia G. Fla, S 5 10 More Royal, C. Ashley Ga, M 5 10 More Conrad, Robert James, Jr. N Car, W 5 10 More Reidinger, Martin Karl N Car, W 5 10 More Dearie, Raymond Joseph N. Y., E 5 10 More Panner, Owen Murphy Oregon 5 10 More Table 4: Top 10 judges
A total of 10 out of the "top ten" judges were in districts which were in the top ten with the largest number of white collar crime filings per capita, while the remaining 10 judges were from other districts. (Because of ties, there were a total of 20 judges in the "top ten" rankings.)
Judges Berry Avant Edenfield in the Southern District of Georgia (Savannah) and Sandra J. Feuerstein in the Eastern District of New York (Brooklyn) ranked 1st with 12 defendants in white collar crime cases.
Judge Berle M. Schiller in the Eastern District of Pennsylvania (Philadelphia) ranked 3rd with 10 defendants in white collar crime cases.
Report Generated: June 10, 2013
