White Collar Crime Convictions for September 2016
The latest available data from the Justice Department show that during September 2016 the government reported 660 new white collar crime convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 20.4 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 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 2016 convictions of this type are compared with those of the same period in the previous year, the number of convictions was down (-13.4%). Convictions over the past year are still much lower than they were five years ago. Overall, the data show that convictions of this type are down 29.3 percent from levels reported in 2011.
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 convictions is 15.4 percent instead of 29.3 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 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. 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 convictions of these matters in September 2016 was for "Fraud-Other", accounting for 15.6 percent of convictions. Convictions were also filed for "Fraud-Health Care" (13%), "Fraud-Federal Program" (12.7%), "Fraud-Tax" (11.4%), "Fraud-Financial Institution" (10.6%), "Fraud-Identity Theft-Aggravated" (10.2%), "Fraud-Identity Theft-Other" (5.9%), "Fraud-Other Business" (4.8%), "Fraud-Mortgage" (3.3%), "Fraud-Securities" (3.2%). See Figure 2.
The lead investigative agency for white collar crime convictions in September 2016 was FBI accounting for 24 percent of convictions. Other agencies with substantial numbers of white collar crime convictions were: Postal (13% ), IRS (13%), SecServ (12%), DHS (8%). See Figure 3.
White Collar Crime Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2016, 6 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 September the most frequently cited lead charge was Title 18 U.S.C Section 1028 involving "Aggravated Identity Theft". This was the lead charge for 66.7 percent of all magistrate convictions in September.
White Collar Crime Convictions in U.S. District Courts
In September 2016, 654 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September there were an additional 0 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 September.
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 September 2016.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 73 1 1 3 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 54 2 3 4 More 18 USC 1028 - Fraud and related activity - id documents 53 3 8 7 More 18 USC 641 - Public money, property or records 47 4 4 8 More 18 USC 1341 - Mail Fraud - Frauds and swindles 45 5 5 2 More 18 USC 1029 - Fraud and related activity - access devices 44 6 7 6 More 18 USC 1344 - Bank Fraud 44 6 2 1 More 18 USC 1347 - Health Care Fraud 41 8 9 9 More 18 USC 371 - Conspiracy to commit offense or to defraud US 26 9 6 5 More 07 USC 2024 - Food Stamp Program - Violations and Enforcement 23 10 19 26 More Table 2. Top Charges for Convictions
"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 3 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 3 a year ago, while it was ranked 4 five years ago.
Ranked 3rd was "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028. "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 was ranked 8 a year ago, while it was ranked 7 five years ago.
Among these top ten lead charges, the one showing the greatest increase in convictions — up 66.7 percent — compared to one year ago was Title 7 U.S.C Section 2024 that involves " Food Stamp Program - Violations and Enforcement ". This was the same statute that had the largest increase — 138.1 % — when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago — down 40.7 percent — was " Conspiracy to commit offense or to defraud US " (Title 18 U.S.C Section 371 ). Compared to five years ago, the most significant decline in convictions — 55.8 percent — was for convictions where the lead charge was " Mail Fraud - Frauds and swindles " (Title 18 U.S.C Section 1341 ).
Top Ranked Judicial Districts
In September 2016 the Justice Department said the government obtained 244.2 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 Wash, E 2,607 34 1 54 91 More Fla, S 1,790 108 2 3 1 More Hawaii 838 10 3 59 81 More La, M 722 5 4 83 60 More Miss, S 704 11 5 34 28 More Ohio, N 668 32 6 14 19 More Ark, E 585 8 7 50 78 More Ind, N 510 11 8 59 49 More Nebraska 506 8 9 43 41 More Mo, E 490 12 10 43 13 More Table 3. Top 10 Districts (per ten million people)
The Eastern District of Washington (Spokane) — with 2607 convictions as compared with 244.2 convictions per ten million population in the United States — was the most active during September 2016.
The Southern District of Florida (Miami) ranked 2nd. The Southern District of Florida (Miami) was ranked 3 a year ago, while it was ranked 1 for most frequent use five years ago.
District of Hawaii is now ranking 3rd.
Recent entrants to the top 10 list were Northern District of Ohio (Cleveland), now ranked 6th , and Southern District of Mississippi (Jackson) at 5th In the same order, these districts ranked 14th and 34th one year ago and 19th and 28th 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 — 140 percent — was Eastern District of Washington (Spokane). This was the same district that had the largest increase — 860 percent — when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime convictions — 41.2 percent — was Hawaii . But over the past five years, Southern District of Mississippi (Jackson) showed the largest drop — 47.9 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 September 2016 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Rice, Thomas Owen Wash, E 27 1 462 - More Lioi, Sara Elizabeth Ohio, N 20 2 325 381 More Scola, Robert Nichols, Jr. Fla, S 13 3 85 - More Cooke, Marcia G. Fla, S 11 4 121 7 More Moreno, Federico A. Fla, S 10 5 121 26 More Ungaro, Ursula Mancusi Fla, S 9 6 17 13 More Lindsay, Sam A. Texas, N 9 6 121 67 More Moore, Kevin Michael Fla, S 8 8 158 21 More Gayles, Darrin Phillip Fla, S 8 8 85 - More Cherry, Paul R. Ind, N 8 8 628 - More Kinkeade, James E. Texas, N 8 8 48 498 More Table 4. Top Ten 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 convictions per capita, while the remaining 2 judges were from other districts. (Because of ties, there were a total of 11 judges in the "top ten" rankings.)
Judge Thomas Owen Rice in the Eastern District of Washington (Spokane) ranked 1st with 27 convicted in white collar crime convictions.
Judge Sara Elizabeth Lioi in the Northern District of Ohio (Cleveland) ranked 2nd with 20 convicted in white collar crime convictions.
Judge Robert Nichols Scola, Jr. in the Southern District of Florida (Miami) ranked 3rd with 13 convicted in white collar crime convictions.
Report Generated: November 16, 2016
