White Collar Crime Prosecutions for February 2018
The latest available data from the Justice Department show that during February 2018 the government reported 382 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 7.3 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 2018 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-8.8%). 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 38.2 percent from levels reported in 2013.
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 February 2018 was for "Fraud-Other", accounting for 22.3 percent of prosecutions. Prosecutions were also filed for "Fraud-Identity Theft-Aggravated" (14.4%), "Fraud-Tax" (10.2%), "Fraud-Federal Program" (9.7%), "Fraud-Financial Institution" (8.4%), "Fraud-Other Business" (8.4%), "Fraud-Health Care" (7.3%), "Fraud-Computer" (5.2%), "Fraud-Identity Theft-Other" (3.9%), "Fraud-Consumer" (2.1%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in February 2018 was FBI accounting for 26 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: IRS (12% ), SecServ (11%), DHS (10%), Postal (9%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In February 2018, 90 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 February the most frequently cited lead charge was Title 18 U.S.C Section 1028 involving "Aggravated Identity Theft". This was the lead charge for 32.2 percent of all magistrate filings in February.
Other frequently prosecuted lead charges include: "18 USC 1028 - Fraud and related activity - id documents" (8.9%), "18 USC 1029 - Fraud and related activity - access devices" (8.9%), "18 USC 1343 - Fraud by wire, radio, or television" (8.9%), "18 USC 1349 - Mail Fraud - Attempt and Conspiracy" (7.8%).
White Collar Crime Prosecutions in U.S. District Courts
In February 2018, 292 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during February there were an additional 36 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 February.
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 February 2018.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 49 1 1 1 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 31 2 6 3 More 18 USC 641 - Public money, property or records 29 3 4 6 More 18 USC 1344 - Bank Fraud 25 4 2 2 More 18 USC 1341 - Mail Fraud - Frauds and swindles 21 5 9 5 More 26 USC 7206 - Fraud and False statements 20 6 10 10 More 18 USC 371 - Conspiracy to commit offense or to defraud US 15 7 5 4 More 18 USC 1028A - Aggravated Identity Theft 15 7 11 13 More 18 USC 1030 - Fraud and related activity - computers 14 9 15 19 More 18 USC 1028 - Fraud and related activity - id documents 12 10 8 8 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 1 five years ago.
Ranked 2nd in frequency was the lead charge "Mail Fraud - Attempt and Conspiracy" under Title 18 U.S.C Section 1349. "Mail Fraud - Attempt and Conspiracy" under Title 18 U.S.C Section 1349 was ranked 6 a year ago, while it was ranked 3 five years ago.
Ranked 3rd was "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 4 a year ago, while it was ranked 6 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 69 percent — compared to one year ago was Title 18 U.S.C Section 1030 that involves " Fraud and related activity - computers ". This was the same statute that had the largest increase — 25.6 % — 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 38.9 percent — was " Fraud and False statements " (Title 26 U.S.C Section 7206 ). Compared to five years ago, the most significant decline in prosecutions — 56.1 percent — was for filings where the lead charge was " Conspiracy to commit offense or to defraud US " (Title 18 U.S.C Section 371 ).
Top Ranked Judicial Districts
In February 2018 the Justice Department said the government brought 121.8 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 N. Y., S 526 23 1 2 3 More Ala, M 521 5 2 74 49 More Fla, S 393 24 3 1 1 More Tenn, W 382 5 4 29 39 More Wash, W 337 16 5 48 45 More Penn, W 320 10 6 13 57 More Wisc, E 317 9 7 54 72 More N. Y., W 300 7 8 44 51 More Kansas 248 6 9 54 19 More Mo, W 228 6 10 37 36 More Table 3. Top 10 Districts (per ten million people)
The Southern District of New York (Manhattan) — with 526 prosecutions as compared with 121.8 prosecutions per ten million population in the United States — was the most active during February 2018. The Southern District of New York (Manhattan) was ranked 2 a year ago, while it was ranked 3 for most frequent use five years ago.
The Middle District of Alabama (Montgomery) ranked 2nd.
Southern District of Florida (Miami) is now ranking 3rd. The Southern District of Florida (Miami) was ranked 1 a year ago, while it was ranked 1 for most frequent use five years ago.
Recent entrants to the top 10 list were Western District of Pennsylvania (Pittsburgh), now ranked 6th , and Western District of Tennessee (Memphis) at 4th In the same order, these districts ranked 13th and 29th one year ago and 57th and 39th 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 — 187.5 percent — was Middle District of Alabama (Montgomery). Compared to five years ago, the district with the largest growth — 114.3 percent — was Eastern District of Wisconsin (Milwaukee).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions — 27.3 percent — was Southern District of Florida (Miami). But over the past five years, Kansas showed the largest drop — 59.3 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 February 2018 are shown in Table 4.
Judge Count Rank Martinez, Ricardo S. Wash, W 13 1 More Koh, Lucy Haeran Cal, N 7 2 More Cooke, Marcia G. Fla, S 6 3 More Arcara, Richard Joseph N. Y., W 6 3 More Pepper, Pamela Wisc, E 6 3 More Watkins, William Keith Ala, M 4 6 More Bloom, Beth Francine Fla, S 4 6 More Leitman, Matthew Frederick Mich, E 4 6 More Crotty, Paul Austin N. Y., S 4 6 More Besosa, Francisco Augusto Puer Rico 4 6 More Table 4. Top Ten Judges
A total of 7 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 3 judges were from other districts.
Judge Ricardo S. Martinez in the Western District of Washington (Seattle) ranked 1st with 13 defendants in white collar crime cases.
Judge Lucy Haeran Koh in the Northern District of California (San Francisco) ranked 2nd with 7 defendants in white collar crime cases.
Judges Marcia G. Cooke in the Southern District of Florida (Miami), Richard Joseph Arcara in the Western District of New York (Buffalo) and Pamela Pepper in the Eastern District of Wisconsin (Milwaukee) ranked 3rd with 6 defendants in white collar crime cases.
Report Generated: March 26, 2018
