White Collar Crime Prosecutions for March 2018
The latest available data from the Justice Department show that during March 2018 the government reported 562 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 42.3 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 (-6%). 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 33.6 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 March 2018 was for "Fraud-Other", accounting for 24 percent of prosecutions. Prosecutions were also filed for "Fraud-Identity Theft-Aggravated" (15.5%), "Fraud-Tax" (9.4%), "Fraud-Financial Institution" (8.5%), "Fraud-Health Care" (8.4%), "Fraud-Federal Program" (7.5%), "Fraud-Other Business" (6.4%), "Fraud-Identity Theft-Other" (4.4%), "Fraud-Securities" (2.7%), "Fraud-Computer" (2.3%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in March 2018 was FBI accounting for 33 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: SecServ (16% ), IRS (11%), DHS (10%), Postal (7%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In March 2018, 78 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 March the most frequently cited lead charge was Title 18 U.S.C Section 1028 involving "Aggravated Identity Theft". This was the lead charge for 29.5 percent of all magistrate filings in March.
Other frequently prosecuted lead charges include: "18 USC 1028 - Fraud and related activity - id documents" (9%), "18 USC 1344 - Bank Fraud" (9%), "18 USC 1343 - Fraud by wire, radio, or television" (6.4%).
White Collar Crime Prosecutions in U.S. District Courts
In March 2018, 484 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during March there were an additional 71 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 March.
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 March 2018.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 101 1 1 1 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 57 2 5 3 More 18 USC 1028A - Aggravated Identity Theft 31 3 11 14 More 18 USC 1029 - Fraud and related activity - access devices 30 4 3 7 More 18 USC 1028 - Fraud and related activity - id documents 28 5 8 7 More 18 USC 371 - Conspiracy to commit offense or to defraud US 27 6 4 5 More 18 USC 1341 - Mail Fraud - Frauds and swindles 27 6 9 6 More 18 USC 641 - Public money, property or records 25 8 6 4 More 18 USC 1344 - Bank Fraud 25 8 2 2 More 26 USC 7206 - Fraud and False statements 24 10 10 10 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 5 a year ago, while it was ranked 3 five years ago.
Ranked 3rd was "Aggravated Identity Theft" under Title 18 U.S.C Section 1028.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 17.7 percent — compared to one year ago was Title 18 U.S.C Section 1343 that involves " Fraud by wire, radio, or television ". This was the same statute that had the largest increase — 10.2 % — 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 35.7 percent — was " Conspiracy to commit offense or to defraud US " (Title 18 U.S.C Section 371 ). This was the same statute that had the largest decrease — 52.2 % — when compared with five years ago.
Top Ranked Judicial Districts
In March 2018 the Justice Department said the government brought 206.1 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 Ala, M 1,147 11 1 77 40 More N Car, M 813 20 2 44 65 More Fla, S 738 45 3 1 1 More Mo, E 696 17 4 3 9 More N. Y., S 686 30 5 2 2 More Ga, S 609 8 6 44 33 More Ind, N 557 12 7 31 23 More Mich, E 541 29 8 15 14 More Utah 433 11 9 22 18 More Ken, W 430 8 10 37 53 More Table 3. Top 10 Districts (per ten million people)
The Middle District of Alabama (Montgomery) — with 1147 prosecutions as compared with 206.1 prosecutions per ten million population in the United States — was the most active during March 2018.
The Middle District of North Carolina (Greensboro) 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 Eastern District of Michigan (Detroit), now ranked 8th , and Utah at 9th In the same order, these districts ranked 15th and 22nd one year ago and 14th and 18th 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 — 200 percent — was Middle District of Alabama (Montgomery). Compared to five years ago, the district with the largest growth — 100 percent — was Middle District of North Carolina (Greensboro).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions — 39.8 percent — was Eastern District of Missouri (St. Louis). But over the past five years, Utah showed the largest drop — 63.3 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 March 2018 are shown in Table 4.
Judge Count Rank Leitman, Matthew Frederick Mich, E 18 1 More Cooke, Marcia G. Fla, S 14 2 More Maloney, Paul Lewis Mich, W 11 3 More Matsumoto, Kiyo A. N. Y., E 10 4 More Watkins, William Keith Ala, M 9 5 More Springmann, Theresa Lazar Ind, N 9 5 More Waddoups, Clark Utah 9 5 More McMahon, Colleen N. Y., S 8 8 More Rakoff, Jed Saul N. Y., S 8 8 More Kugler, Robert B. N. J. 7 10 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 Matthew Frederick Leitman in the Eastern District of Michigan (Detroit) ranked 1st with 18 defendants in white collar crime cases.
Judge Marcia G. Cooke in the Southern District of Florida (Miami) ranked 2nd with 14 defendants in white collar crime cases.
Judge Paul Lewis Maloney in the Western District of Michigan (Grand Rapids) ranked 3rd with 11 defendants in white collar crime cases.
Report Generated: April 26, 2018
