White Collar Crime Prosecutions for August 2008
The latest available data from the Justice Department show that during August 2008 the government reported 632 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 1.4% 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 2008 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-2.9 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 19.5 percent from levels reported in 2003.
The decrease 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. 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 August 2008 was for "Fraud-Financial Institution", accounting for 23.6 percent of prosecutions. Prosecutions were also filed for "Fraud-Other" (17.2%), "Other-Not Specified" (12.3 %), "Fraud-Federal Program" (11.9%), "Fraud-Other Business" (8.7%), "Fraud-Tax" (8.5%), "Fraud-Health Care" (7.6%), "Fraud-Computer" (3.5%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in August 2008 was FBI accounting for 34 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: Postal (17% ), SecServ (14%), IRS (8%), DHS (5%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2008, 12 percent of white collar crime cases for these matters took place in U.S. Magistrate Courts which handle less serious misdemeanor cases, including what are called "petty offenses." In the magistrate courts in August the most frequently cited lead charge was Title 18 U.S.C Section 1343 involving the "Fraud by wire, radio, or television". This was the lead charge for 13.2 percent of all magistrate filings in August.
Other frequently prosecuted lead charges include: "18 USC 1028 - Fraud and related activity - id documents" (11.8%), "18 USC 1347 - Health Care Fraud" (7.9%), "18 USC 371 - Conspiracy to commit offense or to defraud US" (6.6%), " 18 USC 1030 - Fraud and related activity - computers" (6.6%), "42 USC 408 - Fed Old Age, Survivors + Disab Insur -Penalties" (6.6%).
White Collar Crime Prosecutions in U.S. District Courts
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 August 2008.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1344 - Bank fraud 93 1 1 2 More 18 USC 1341 - Mail Fraud - Frauds and swindles 46 2 2 1 More 18 USC 371 - Conspiracy to commit offense or to defraud US 41 3 4 4 More 18 USC 1028 - Fraud and related activity - id documents 41 3 3 12 More 18 USC 1029 - Fraud and related activity - access devices 41 3 6 5 More 18 USC 1343 - Fraud by wire, radio, or television 32 6 5 3 More 18 USC 641 - Public money, property or records 26 7 7 6 More 26 USC 7201 - Attempt to evade or defeat tax 19 8 11 13 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 18 9 17 34 More 42 USC 408 - Fed Old Age, Survivors + Disab Insur -Penalties 18 9 14 10 More
Table 2: Top charges filed
"Bank fraud" (Title 18 U.S.C Section 1344) was the most frequent recorded lead charge. "Bank fraud" (Title 18 U.S.C Section 1344) was ranked 1 a year ago, while it was the 2 most frequently invoked 5 years ago..
Ranked 2nd in frequency was the lead charge "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 2 a year ago, while it was the 1 most frequently invoked 5 years ago..
Ranked 3rd were "Conspiracy to commit offense or to defraud US" under Title 18 U.S.C Section 371, "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 and "Fraud and related activity - access devices" under Title 18 U.S.C Section 1029. "Conspiracy to commit offense or to defraud US" under Title 18 U.S.C Section 371 was ranked 4 a year ago, while it was the 4 most frequently invoked 5 years ago.."Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 was ranked 3 a y ear ago."Fraud and related activity - access devices" under Title 18 U.S.C Section 1029 was ranked 6 a year ago, while it was the 5 most frequently invoked 5 years ago..
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 82.1 percent—compared to one year ago was Title 18 U.S.C Section 1349 that involves " Mail Fraud - Attempt and Conspiracy ". This was the same statute that had the largest increase—750 %—when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 13 percent—was Public money, property or records (Title 18 U.S.C Section 641 ). Compared to five years ago, the most significant decline in prosecutions— 56.9 percent—was for filings where the lead charge was " Mail Fraud - Frauds and swindles " (Title 18 U.S.C Section 1341 ).
Top Ranked Judicial Districts
In August 2008 the Justice Department said the government brought 222.8 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 D. C. 1,444 7 1 64 39 More Tenn, W 1,091 14 2 44 29 More Mo, E 706 17 3 11 16 More Miss, N 655 6 4 74 76 More Montana 635 5 5 49 71 More N. Y., S 592 25 6 2 3 More S Car 583 21 7 7 4 More Fla, S 512 28 8 1 7 More N Car, M 499 11 9 63 76 More Fla, N 435 6 10 74 58 More
Table 3: Top 10 districts (per ten million people)
The District of Washington, D.C. (Washington)—with 1444 prosecutions as compared with 222.8 prosecutions per ten million population in the United States—was the most active during August 2008.
The Western District of Tennessee (Memphis) ranked 2nd.
Eastern District of Missouri (St. Louis) is now ranking 3rd.
Recent entrants to the top 10 list were Eastern District of Missouri (St. Louis), now ranked 3rd , and Western District of Tennessee (Memphis) at 2nd In the same order, these districts ranked 11th and 44th one year ago and 16th and 29th 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— 127.3 percent—was Northern District of Mississippi (Oxford). Compared to five years ago, the district with the largest growth— 61.8 percent—was Southern District of Florida (Miami).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions— 33.7 percent—was Eastern District of Missouri (St. Louis). But over the past five years, Northern District of Florida (Pensacola) showed the largest drop— 60.9 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 August 2008 are shown in Table 4.
Judge Count Rank Presnell, Gregory A. Fla, M 9 1 More Middlebrooks, Donald M. Fla, S 8 2 More Autrey, Henry Edward Mo, E 8 2 More McBryde, John H. Texas, N 8 2 More Kennelly, Matthew F. Ill, N 7 5 More Roberts, Victoria A. Mich, E 7 5 More Diamond, Paul Steven Penn, E 6 7 More McCalla, Jon Phipps Tenn, W 6 7 More Steeh, George Caram III Mich, E 5 9 More Sippel, Rodney W. Mo, E 5 9 More Linares, Jose L. N. J. 5 9 More Pratter, Gene E.K. Penn, E 5 9 More Donald, Bernice B. Tenn, W 5 9 More
Table 4: Top 10 judges
A total of 5 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 8 judges were from other districts. (Because of ties, there were a total of 13 judges in the "top ten" rankings.)
Judge Gregory A. Presnell in the Middle District of Florida (Tampa) ranked 1st with 9 defendants in white collar crime cases.
Judges Donald M. Middlebrooks in the Southern District of Florida (Miami), Henry Edward Autrey in the Eastern District of Missouri (St. Louis) and John H. McBryde in the Northern District of Texas (Fort Worth) ranked 2nd with 8 defendants in white collar crime cases.
