White Collar Crime Prosecutions for July 2007
The latest available data from the Justice Department show that during July 2007 the government reported 434 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 9.8% 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 2007 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-10.5 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 33.3 percent from levels reported in 2002.
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
• Fraud-Federal Procurement
• Fraud-Federal Program
• Fraud-Tax
• Fraud-Arson for Profit
• Fraud-Other Insurance
• Fraud-Financial Institution
• Fraud-Bankruptcy
• Fraud-Advance Fee Schemes
• Fraud-Other Business
• Fraud-Consumer
• Fraud-Securities
• Fraud-Commodities
• Fraud-Other Investment
• Antitrust-Other
• Fraud-Computer
• Fraud-Health Care
• Fraud-Against Ins. Provider
• Fraud-Insider Ins. Provider
• Fraud-MEWA/MET
• Antitrust-Airlines
• Antitrust-Banking
• Antitrust-Defense Procurement
• Antitrust-Extraterritorial
• Antitrust-Other Finance Mkts.
• Fraud-Telemarketing
• Fraud-Corporate
• Fraud-Other
The largest number of prosecutions of these matters in July 2007 was for "Fraud-Financial Institution", accounting for 25.6 percent of prosecutions. Prosecutions were also filed for "Fraud-Federal Program" (20.3%), "Fraud-Other" (13.4 %), "Fraud-Other Business" (9.9%), "Fraud-Tax" (9.9%), "Fraud-Health Care" (5.8%), "Fraud-Consumer" (3.2%), "Fraud-Bankruptcy" (2.5%), "Fraud-Computer" (2.3%), "Fraud-Federal Procurement" (2.1%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in July 2007 was FBI accounting for 35 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: SecServ (19% ), Postal (10%), IRS (10%), DHS (5%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In July 2007, 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 July the most frequently cited lead charge was Title 18 U.S.C Section 1344 involving the "Bank fraud". This was the lead charge for 27.5 percent of all magistrate filings in July.
Other frequently prosecuted lead charges include: "18 USC 1029 - Fraud and related activity - access devices" (11.8%), "18 USC 1028 - Fraud and related activity - id documents" (9.8%), "18 USC 1343 - Fraud by wire, radio, or television " (9.8%).
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 July 2007.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1344 - Bank fraud 52 1 1 1 More 18 USC 1029 - Fraud and related activity - access devices 30 2 5 5 More 18 USC 1341 - Mail Fraud - Frauds and swindles 30 2 2 2 More 18 USC 371 - Conspiracy to commit offense or to defraud US 26 4 4 3 More 18 USC 1343 - Fraud by wire, radio, or television 26 4 3 4 More 18 USC 641 - Public money, property or records 25 6 7 8 More 18 USC 287 - False, fictitious or fraudulent claims 19 7 8 19 More 18 USC 1028 - Fraud and related activity - id documents 18 8 6 10 More 18 USC 1001 - Fraud/false statements or entries generally 16 9 9 13 More 18 USC 1347 - Health Care Fraud 11 10 13 11 More 26 USC 7206 - Fraud and False statements 11 10 9 7 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 1 most frequently invoked 5 years ago..
Ranked 2nd in frequency were the lead charges "Fraud and related activity - access devices" under Title 18 U.S.C Section 1029 and "Mail Fraud - Frauds and swindles" under Title 18 U.S.C Section 1341. "Fraud and related activity - access devices" under Title 18 U.S.C Section 1029 was ranked 5 a year ago, while it was the 5 most frequently invoked 5 years ago.."Mail Fraud - Frauds and swindles" under Title 18 U.S.C Section 1341 was ranked 2 a year ago, w hile it was the 2 most frequently invoked 5 years ago..
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 40.2 percent—compared to one year ago was Title 18 U.S.C Section 1347 that involves " Health Care Fraud ". Compared to five years ago, the largest increase—248.6 percent—was registered for prosecutions under " False, fictitious or fraudulent claims " (Title 18 U.S.C Section 287 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 26.1 percent—was Mail Fraud - Frauds and swindles (Title 18 U.S.C Section 1341 ). This was the same statute that had the largest decrease— 60.6 %—when compared with five years ago.
Top Ranked Judicial Districts
In July 2007 the Justice Department said the government brought 156.5 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 La, M 1,317 8 1 23 80 More Ala, S 1,195 8 2 77 36 More Miss, S 926 14 3 21 58 More Kansas 658 15 4 33 46 More Iowa, S 366 5 5 72 74 More Penn, E 348 16 6 5 9 More Ohio, N 345 17 7 4 13 More N. Y., S 336 14 8 15 1 More Fla, M 333 26 9 3 11 More Penn, M 319 8 10 29 29 More
Table 3: Top 10 districts (per ten million people)
The Middle District of Louisiana (Baton Rouge)—with 1317 prosecutions as compared with .prosecutions per ten million population in the United States—was the most active during July 2007.
The Southern District of Alabama (Mobile) ranked 2nd.
Southern District of Mississippi (Jackson) is now ranking 3rd.
Recent entrants to the top 10 list were Southern District of New York (Manhattan), now ranked 8th , and Southern District of Mississippi (Jackson) at 3rd In the same order, these districts ranked 15th and 21st one year ago and 1st and 58th 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— 125 percent—was Southern District of Alabama (Mobile). Compared to five years ago, the district with the largest growth— 444.4 percent—was Middle District of Louisiana (Baton Rouge).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions— 60.3 percent—was Middle District of Florida (Tampa). This was the same district that had the largest increase— 53.4 %—when compared with five years ago.
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 July 2007 are shown in Table 4.
Judge Count Rank Guirola, Louis Jr. Miss, S 9 1 More Covington, Virginia Maria Hern Fla, M 8 2 More Kram, Shirley Wohl N. Y., S 7 3 More Boyko, Christopher A. Ohio, N 7 3 More Adams, Henry Lee Jr. Fla, M 6 5 More Corrigan, Timothy J. Fla, M 5 6 More Rogers, Richard Dean Kansas 5 6 More Diamond, Paul Steven Penn, E 5 6 More Pechman, Marsha J. Wash, W 5 6 More Gex, Walter J. III Miss, S 4 10 More Cummings, Samuel Ray Texas, N 4 10 More Fish, A[llen] Joe Texas, N 4 10 More
Table 4: Top 10 judges
A total of 9 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. (Because of ties, there were a total of 12 judges in the "top ten" rankings.)
Judge Louis Guirola Jr. in the Southern District of Mississippi (Jackson) ranked 1st with 9 defendants in white collar crime cases.
Judge Virginia Maria Hern Covington in the Middle District of Florida (Tampa) ranked 2nd with 8 defendants in white collar crime cases.
Judges Shirley Wohl Kram in the Southern District of New York (Manhattan) and Christopher A. Boyko in the Northern District of Ohio (Cleveland) ranked 3rd with 7 defendants in white collar crime cases.
