Prosecutions for 2008
Number Year-to-date 111,874 Percent Change from previous year 26.8 Percent Change from 5 years ago 50.2 Percent Change from 10 years ago 81.8 Percent Change from 20 years ago 147
Table 1: Criminal ProsecutionsThe latest available data from the Justice Department show that during the first nine months of FY 2008 the government reported 111,874 new prosecutions. If this activity continues at the same pace, the annual total of prosecutions will be 149,165 for this fiscal year. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this estimate is up 26.8% over the past fiscal year when the number of prosecutions totaled 117,651.
The comparisons of the number of defendants charged with 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).
Compared to five years ago when there were 99,341, the estimate of FY 2008 prosecutions of this type is up 50.2 percent. Prosecutions over the past year are much higher than they were ten years ago. Overall, the data show that prosecutions of this type are up 81.8 percent from the level of 82,071 reported in 1998 and up 147 percent from the level of 60,421 reported in 1988.
The long term trend in prosecutions for these matters going back to FY 1988 is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of prosecutions of this type recorded each fiscal year. Projected figures for the current fiscal year are shown. Each presidential administration is distinguished by the color of the bars. To view trends month-by-month rather than year-by-year, see TRAC's monthly report series for the latest data.
Leading Program Areas
Cases were classified by prosecutors into more specific types. The single largest number of prosecutions of these matters through June 2008 was for "Immigration", accounting for 49.2 percent of prosecutions.
The second largest number of matters were Prosecutions filed under the program area of "Narcotics/Drugs " (17.7%) . The "Other" category in Figure 2 is comprised of a diverse group of programs. The largest specific programs within the "Other" category were: Weapons" (5.7%), "White Collar Crime" (5.3%).
[The Department of Justice is withholding the program area for 6.1% of the cases. These matters are also included in the "Other" category. TRAC, in ongoing litigation, has challenged the government's withholding of program category information, winning a substantial victory in September 2006 decision. The government, however, has filed a notice of appeal which has stayed the order requiring it to release program information.]
Leading Investigative Agencies
The lead investigative agency for prosecutions through June 2008 was "Homeland Security - Customs and Border Protection" accounting for 42.3 percent of prosecutions referred.
As shown in Figure 3, additional agencies with substantial numbers of referrals were: Homeland Security - Immigration and Customs Enforcement (11.6%), "Justice - Drug Enforcement Administration" (10.6%), "Justice - Federal Bureau of Investigation" (9.5%), "Justice - Alcohol, Tobacco, Firearms, and Explosives" (6.6%). The "Other" category in Figure 3 is comprised of a diverse group of agencies. The agencies with substantial numbers of within the "Other" category were: Defense" (3.1%), "Interior" (2.6%), "Other - State/Local Authorities" (2.5%).
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during the first nine months of FY 2008.
Note: There were an additional 157 other lead charges which were not individually ranked. See latest monthly report if you want all lead charges included in rankings for the latest month, or use TRACFED criminal analyzer tool for complete listing for any year.
Lead Charge Count Rank 1 yr ago 5 yrs ago 10 yrs ago 20 yrs ago 08 USC 1325 - Entry of alien at improper time or place; etc. 33,792 1 3 5 5 3 More 08 USC 1326 - Reentry of deported alien 15,432 2 1 3 3 17 More 21 USC 0841 - Drug Abuse Prevention + Control-Prohibited acts A 10,991 3 2 1 1 1 More 21 USC 0846 - Attempt and conspiracy 6,927 4 4 2 2 2 More Withheld by govt from TRAC (FOIA challenge pending) 6,914 5 5 162 - - More 18 USC 0922 - Firearms; Unlawful acts 5,371 6 6 4 4 10 More 08 USC 1324 - Bringing in and harboring certain aliens 3,490 7 8 7 8 4 More 18 USC 0013 - Laws of States Adopted in Federal jurisdiction 2,759 8 7 6 7 7 More 18 USC 2113 - Bank robbery and incidental crimes 1,190 9 10 9 6 8 More 18 USC 1546 - Fraud and misuse of visas, permits, and 1,148 10 17 19 14 25 More
Table 2: Top charges filed
"Entry of alien at improper time or place; etc." (Title 8 U.S.C Section 1325) was the most frequent recorded lead charge. Title 8 U.S.C Section 1325 was ranked 3rd a year ago, while it was the 5th most frequently invoked five years ago. It was ranked 5th ten years ago and 3rd twenty years ago.
Ranked 2nd in frequency was the lead charge "Reentry of deported alien" under Title 8 U.S.C Section 1326. Title 8 U.S.C Section 1326 was ranked 1st a year ago, while it was the 3rd most frequently invoked five years ago. It was ranked 3rd ten years ago and 17th twenty years ago.
Ranked 3rd was "Drug Abuse Prevention + Control-Prohibited acts A" under Title 21 U.S.C Section 841. Title 21 U.S.C Section 841 was ranked 2nd a year ago, while it was the 1st most frequently invoked five years ago. It was ranked 1st ten years ago and 1st twenty years ago.
Among these top ten lead charges, the one showing the greatest projected increase in prosecutions—up 223 percent—compared to one year ago was Title 8 U.S.C Section 1325 that involves "Entry of alien at improper time or place; etc. ". This was the same statute that had the largest projected increase—1000%—when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest projected decline in prosecutions compared to one year ago—down 21.1 percent—was "Laws of States Adopted in Federal jurisdiction " (Title 18 U.S.C Section 13 ). This was the same statute that had the largest projected decrease—23.2%—when compared with five years ago.
Top Ranked Judicial Districts
During FY 2007 the Justice Department said the government obtained 393 prosecutions for every one million people in the United States. If pace during the first nine months of FY 2008 continues at the same rate, prosecutions for one million people in the United States this year will be 498.2 . Understandably, there is great variation in the per capita number of prosecutions in each of the nation's ninety-four federal judicial districts
Judicial District Percapita Count Rank 1yr ago 5yrs ago 10yrs ago 20yrs ago Texas, W 4,047 17,429 1 6 2 3 21 More N Mexico 3,287 4,818 2 5 1 7 7 More Texas, S 2,952 17,717 3 3 7 8 2 More Arizona 2,724 12,596 4 2 6 4 15 More Cal, S 2,199 5,115 5 4 3 1 1 More Wyoming 1,610 622 6 1 5 11 23 More Virg, E 759 3,163 7 7 8 6 20 More D. C. 725 316 8 9 4 2 4 More Ala, S 692 423 9 10 26 10 9 More S Dakota 677 397 10 8 9 5 12 More
Table 3: Top 10 districts (per one million people)
The Western District of Texas (San Antonio)—with 4,047.28 prosecutions as compared with 498.2 prosecutions per one million people in the United States—was the most active through June 2008. The Western District of Texas (San Antonio) was ranked 6th a year ago, while it was ranked 2nd five years ago. The district's position ten years ago was 3rd and 21st twenty years ago.
The District of New Mexico ranked 2nd. The District of New Mexico was ranked 5th a year ago, while it was ranked 1st five years ago. The district's position ten years ago was 7th as well as twenty years ago.
The Southern District of Texas (Houston) now ranks 3rd. The Southern District of Texas (Houston) was ranked 3rd a year ago, while it was ranked 7th five years ago. The district's position ten years ago was 8th and 2nd twenty years ago.
Compared to 10 years ago, Wyoming now ranked in the top 10 did not appear in the top ten.
And compared to 20 years ago, South Dakota, Arizona, Eastern District of Virginia (Alexandria), Western District of Texas (San Antonio) and Wyoming were not sufficiently active to then make the top 10.
The federal judicial district which showed the greatest projected growth in the rate of prosecutions compared to one year ago—187 percent—was Western District of Texas (San Antonio). Compared to five years ago, the district with the largest projected growth—242 percent—was Southern District of Texas (Houston) .
In the last year, the judicial District Court recording the largest projected drop in the rate of prosecutions—39.7 percent—was Wyoming.
