About the Law Federal prosecutors frequently choose to charge individual defendants with a variety of crimes under a number of different statutes. An organized crime figure who committed a murder, for example, might be indicted for murder, a variety of weapons charges, and numerous organized crime and conspiracy offenses. A bank robbery in which a weapon is used may result in both weapons and bank robbery charges. During the data collection process, the Justice Department asks the prosecutors to select the "lead charge" on all referrals that they handle. Obviously, these judgments often are somewhat subjective when multiple serious charges are involved. Sometimes, they are influenced by the political needs of the moment: an administration, for example, that wants to show the public it is concentrating on organized crime or on violence with weapons.
Here then, as viewed through the lens of federal prosecutors across the country, are the most frequently cited "lead charges" involved in referrals coming from the ATF. The complete text of these frequently cited lead charges can be viewed by selecting the particular statute of interest in the following table.
Click on statute to view text
U.S. Code Description 18 USC 00081 Arson in special maritime and territorial jurisdic 18 USC 00111 Assaulting, resisting, impeding certain officers 18 USC 00113 Assaults within maritime and territorial jurisdictions 18 USC 00371 Conspiracy to commit offense or to defraud US 18 USC 00554 Smuggling goods from the United States 18 USC 00842 Explosives - Importation, manufacture, etc 18 USC 00844 Explosives - Importation and storage of explosives 18 USC 00922 Firearms; Unlawful acts 18 USC 00924 Firearms; Penalties 18 USC 01201 Kidnaping 18 USC 01343 Fraud by wire, radio, or television 18 USC 01951 Hobbs Act 18 USC 01959 Violent crimes in aid of racketeering activity 18 USC 01962 RICO - prohibited activities 18 USC 02111 Robbery/burglary - Special jurisdiction 18 USC 02119 Carjacking 18 USC 03665 Firearms possessed by convicted felons 21 USC 00841 Drug Abuse Prevention & Control-Prohibited acts A 21 USC 00846 Attempt and conspiracy 26 USC 05841 Registration of firearms 26 USC 05861 Tax on Making Firearms - Prohibited acts
