White Collar Crime Convictions for August 2008
The latest available data from the Justice Department show that during August 2008 the government reported 636 new white collar crime convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 6.3% 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 convicted for 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 convictions of this type are compared with those of the same period in the previous year, the number of convictions was only slightlyup (0.1 percent). Convictions over the past year are still much higher than they were five years ago. Overall, the data show that convictions of this type are up 2.7 percent from levels reported in 2003.
The leveling out from the levels five years ago in white collar crime convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of white collar crime convictions 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 convictions of these matters in August 2008 was for "Fraud-Financial Institution", accounting for 19.3 percent of convictions. Convictions were also filed for "Fraud-Federal Program" (14.5%), "Other-Not Specified " (14.5%), "Fraud-Other" (11.8%), "Fraud-Health Care" (9.4%), "Fraud-Tax" (9%), "Fraud-Other Business" (8.2%), "Fraud-Consumer" (2.7%), "Fraud-Corporate" (2.5%). See Figure 2.
The lead investigative agency for white collar crime convictions in August 2008 was FBI accounting for 28 percent of convictions. Other agencies with substantial numbers of white collar crime convictions were: SecServ (14% ), Postal (13%), IRS (11%), SSA (7%). See Figure 3.
White Collar Crime Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2008, 1 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 1382 involving the "Entering military, naval, or Coast Guard property". This was the lead charge for 83.3 percent of all magistrate convictions in August.
White Collar Crime Convictions in U.S. District Courts
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the convictions 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 86 1 1 1 More 18 USC 1341 - Mail Fraud - Frauds and swindles 56 2 2 2 More 18 USC 1028 - Fraud and related activity - id documents 50 3 4 7 More 18 USC 1343 - Fraud by wire, radio, or television 50 3 3 5 More 18 USC 641 - Public money, property or records 41 5 7 9 More 18 USC 1347 - Health Care Fraud 39 6 9 10 More 18 USC 371 - Conspiracy to commit offense or to defraud US 37 7 5 3 More 42 USC 408 - Fed Old Age, Survivors + Disab Insur -Penalties 24 8 14 13 More 18 USC 1029 - Fraud and related activity - access devices 23 9 6 4 More 26 USC 7206 - Fraud and False statements 20 10 11 10 More
Table 2: Top charges for convictions
"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 1 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 2 most frequently invoked 5 years ago..
Ranked 3rd were "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 and "Fraud by wire, radio, or television" under Title 18 U.S.C Section 1343. "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 was ranked 4 a year ago, while it was the 7 most frequently invoked 5 years ago.."Fraud by wire, radio, or television" under Title 18 U.S.C Section 1343 was ranked 3 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 convictions—up 36.7 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—118.5 percent—was registered for convictions under " Fraud and related activity - id documents " (Title 18 U.S.C Section 1028 ).
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 14 percent—was Mail Fraud - Frauds and swindles (Title 18 U.S.C Section 1341 ). This was the same statute that had the largest decrease— 25.1 %—when compared with five years ago.
Top Ranked Judicial Districts
In August 2008 the Justice Department said the government obtained 252.5 white collar crime convictions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of white collar crime convictions in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of convictions per capita for these matters last month are shown in Table 3. Districts must have at least 5 white collar crime convictions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago Ala, M 1,438 13 1 87 81 More Miss, S 927 14 2 14 38 More Ala, S 883 6 3 64 53 More Fla, S 804 44 4 1 5 More W Virg, N 676 5 5 70 88 More Mo, E 581 14 6 11 25 More N. Y., S 521 22 7 2 3 More Ken, W 516 9 8 49 44 More Wash, E 511 6 9 88 86 More Texas, N 487 26 10 5 7 More
Table 3: Top 10 districts (per ten million people)
The Middle District of Alabama (Montgomery)—with 1438 convictions as compared with 252.5 convictions per ten million population in the United States—was the most active during August 2008.
The Southern District of Mississippi (Jackson) ranked 2nd.
Southern District of Alabama (Mobile) is now ranking 3rd.
Recent entrants to the top 10 list were Eastern District of Missouri (St. Louis), now ranked 6th , and Southern District of Mississippi (Jackson) at 2nd In the same order, these districts ranked 11th and 14th one year ago and 25th and 38th five years ago.
The federal judicial district which showed the greatest growth in the rate of white collar crime convictions compared to one year ago— 350 percent—was Middle District of Alabama (Montgomery). Compared to five years ago, the district with the largest growth— 154.8 percent—was Southern District of Mississippi (Jackson).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime convictions— 53.3 percent—was Northern District of West Virginia (Wheeling). But over the past five years, Northern District of Texas (Fort Worth) showed the largest drop— 13.2 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 resulting in convictions of this type during August 2008 are shown in Table 4.
Judge Count Rank Folsom, David Texas, E 10 1 More Huck, Paul C. Fla, S 8 2 More Fuller, Mark E. Ala, M 6 3 More Steele, William H. Ala, S 6 3 More Seitz, Patricia A. Fla, S 6 3 More Montgomery, Ann D. Minnesota 6 3 More Pisano, Joel A. N. J. 6 3 More Thompson, Myron Herbert Ala, M 5 8 More Jordan, Adalberto Jose Fla, S 5 8 More Camp, Jack Tarpley Jr. Ga, N 5 8 More Thrash, Thomas W. Jr. Ga, N 5 8 More Shadur, Milton Irving Ill, N 5 8 More Russell, Thomas B. Ken, W 5 8 More Sippel, Rodney W. Mo, E 5 8 More Beaty, James A. Jr. N Car, M 5 8 More Atlas, Nancy Friedman Texas, S 5 8 More
Table 4: Top 10 judges
A total of 8 out of the "top ten" judges were in districts which were in the top ten with the largest number of white collar crime convictions per capita, while the remaining 8 judges were from other districts. (Because of ties, there were a total of 16 judges in the "top ten" rankings.)
Judge David Folsom in the Eastern District of Texas (Tyler) ranked 1st with 10 convicted in white collar crime convictions.
Judge Paul C. Huck in the Southern District of Florida (Miami) ranked 2nd with 8 convicted in white collar crime convictions.
Judges Mark E. Fuller in the Middle District of Alabama (Montgomery), William H. Steele in the Southern District of Alabama (Mobile), Patricia A. Seitz in the Southern District of Florida (Miami), Ann D. Montgomery in the District of Minnesota and Joel A. Pisano in the District of New Jersey ranked 3rd with 6 convicted in white collar crime convictions.
