White Collar Crime Prosecutions for December 2014
The latest available data from the Justice Department show that during December 2014 the government reported 571 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 2.5 percent 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 2014 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-18%). 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 22.5 percent from levels reported in 2009.
The dip in these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases are excluded and only Federal District Court cases are counted, the overall decrease in white collar crime prosecutions is 16.1 percent instead of 22.5 percent. The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases by the Justice Department.
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. 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 December 2014 was for "Fraud-Other", accounting for 20.5 percent of prosecutions. Prosecutions were also filed for "Fraud-Federal Program" (15.6%), "Fraud-Financial Institution" ( 11.6%), "Fraud-Health Care" (11.2%), "Fraud-Tax" (8.8%), "Fraud-Identity Theft-Other" (6.5%), "Fraud-Consumer" (5.1%), "Fraud-Other Business" (4.7%), "Fraud-Identity Theft-Aggravated" (4%), "Fraud-Securities" (3.2%), "Fraud-Computer" (2.8%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in December 2014 was FBI accounting for 33 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: SecServ (11% ), DHS (9%), Postal (9%), IRS (9%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In December 2014, 88 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 December the most frequently cited lead charge was Title 18 U.S.C Section 1028 involving "Aggravated Identity Theft". This was the lead charge for 14.8 percent of all magistrate filings in December.
Other frequently prosecuted lead charges include: "18 USC 1343 - Fraud by wire, radio, or television" (14.8%), "18 USC 1029 - Fraud and related activity - access devices" (9.1%), " 18 USC 371 - Conspiracy to commit offense or to defraud US" (8%), "18 USC 1349 - Mail Fraud - Attempt and Conspiracy" (8%), "07 USC 2024 - Food Stamp Program - Violations and Enforcement" (5.7%), "18 USC 1341 - Mail Fraud - Frauds and swindles" (5.7%), " 18 USC 1542 - False statement in application and use of passport" (5.7%), "18 USC 1951 - Hobbs Act" (5.7%).
White Collar Crime Prosecutions in U.S. District Courts
In December 2014, 483 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during December there were an additional 47 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 December.
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 December 2014.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 641 - Public money, property or records 57 1 4 9 More 18 USC 1343 - Fraud by wire, radio, or television 54 2 1 3 More 18 USC 1344 - Bank Fraud 53 3 3 1 More 18 USC 1029 - Fraud and related activity - access devices 43 4 7 6 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 37 5 2 4 More 18 USC 371 - Conspiracy to commit offense or to defraud US 33 6 5 5 More 18 USC 1341 - Mail Fraud - Frauds and swindles 28 7 6 2 More 21 USC 331 - Fed Food, Drug & Cosmetics Act - Prohibited acts 21 8 35 33 More 18 USC 1028 - Fraud and related activity - id documents 18 9 8 8 More 18 USC 1163 - Embezzlement and theft from Indian Tribal organiza 16 10 - 90 More 18 USC 1347 - Health Care Fraud 16 10 9 7 More Table 2. Top Charges Filed
"Public money, property or records" (Title 18 U.S.C Section 641) was the most frequent recorded lead charge. "Public money, property or records" (Title 18 U.S.C Section 641) was ranked 4 a year ago, while it was ranked 9 five years ago.
Ranked 2nd in frequency was the lead charge "Fraud by wire, radio, or television" under Title 18 U.S.C Section 1343. "Fraud by wire, radio, or television" under Title 18 U.S.C Section 1343 was ranked 1 a year ago, while it was ranked 3 five years ago.
Ranked 3rd was "Bank Fraud" under Title 18 U.S.C Section 1344. "Bank Fraud" under Title 18 U.S.C Section 1344 was ranked 3 a year ago, while it was ranked 1 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 100 percent — compared to one year ago was Title 21 U.S.C Section 331 that involves " Fed Food, Drug & Cosmetics Act - Prohibited acts ". Compared to five years ago, the largest increase — 1800 percent — was registered for prosecutions under " Embezzlement and theft from Indian Tribal organiza " (Title 18 U.S.C Section 1163 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 50.3 percent — was " Health Care Fraud " (Title 18 U.S.C Section 1347 ). This was the same statute that had the largest decrease — 53.8 % — when compared with five years ago.
Top Ranked Judicial Districts
In December 2014 the Justice Department said the government brought 202.6 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 Wash, E 1,258 16 1 20 90 More Ala, S 719 5 2 30 64 More N. Y., S 698 30 3 2 4 More S Car 584 23 4 7 6 More Kansas 541 13 5 34 21 More La, E 515 7 6 51 9 More Fla, S 502 29 7 1 1 More Mo, W 502 13 7 17 19 More Tenn, W 455 6 9 60 14 More Mo, E 453 11 10 13 10 More Table 3. Top 10 Districts (per ten million people)
The Eastern District of Washington (Spokane) — with 1258 prosecutions as compared with 202.6 prosecutions per ten million population in the United States — was the most active during December 2014.
The Southern District of Alabama (Mobile) ranked 2nd.
Southern District of New York (Manhattan) is now ranking 3rd. The Southern District of New York (Manhattan) was ranked 2 a year ago, while it was ranked 4 for most frequent use five years ago.
Recent entrants to the top 10 list were Eastern District of Missouri (St. Louis), now ranked 10th , and Western District of Missouri (Kansas City) at 7th In the same order, these districts ranked 13th and 17th one year ago and 10th and 19th 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 — 100 percent — was Western District of Tennessee (Memphis). Compared to five years ago, the district with the largest growth — 440 percent — was Eastern District of Washington (Spokane).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions — 51.8 percent — was Eastern District of Washington (Spokane). But over the past five years, Eastern District of Louisiana (New Orleans) showed the largest drop — 59.7 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 December 2014 are shown in Table 4.
Judge Count Rank Bastian, Stanley Allen Wash, E 15 1 More Stearns, Richard Gaylore Mass 14 2 More Abrams, Ronnie N. Y., S 10 3 More Cercone, David S. Penn, W 9 4 More Murguia, Carlos Kansas 8 5 More Adams, John R. Ohio, N 8 5 More Yohn, William Hendricks, Jr. Penn, E 8 5 More Kyle, Richard House Minnesota 6 8 More Fenner, Gary A. Mo, W 6 8 More Batten, Timothy C., Sr. Ga, N 5 10 More Perry, Catherine D. Mo, E 5 10 More DeGiusti, Timothy D. Okla, W 5 10 More Varlan, Thomas A. Tenn, E 5 10 More Trenga, Anthony John Virg, E 5 10 More Table 4. Top Ten 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 9 judges were from other districts. (Because of ties, there were a total of 14 judges in the "top ten" rankings.)
Judge Stanley Allen Bastian in the Eastern District of Washington (Spokane) ranked 1st with 15 defendants in white collar crime cases.
Judge Richard Gaylore Stearns in the District of Massachusetts ranked 2nd with 14 defendants in white collar crime cases.
Judge Ronnie Abrams in the Southern District of New York (Manhattan) ranked 3rd with 10 defendants in white collar crime cases.
Report Generated: February 16, 2015
