White Collar Crime Prosecutions for August 2023
The latest available data from the Justice Department show that during August 2023 the government reported 316 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 5 percent over the previous month.
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 2023 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was only slightly up (1%). 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 36.9 percent from levels reported in 2018.
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.
Figure 1. Monthly Trends in White Collar Crime Prosecutions
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 August 2023 was for "Fraud-Other", accounting for 25.9 percent of prosecutions. Prosecutions were also filed for "Fraud-Financial Institution" (20.3%), "Fraud-Federal Program" (19.9%), "Fraud-Tax" (5.7%), "Fraud-Other Business" (4.7%), "Fraud-Health Care" (4.4%), "Fraud-Securities" (4.4%), "Fraud-Identity Theft-Aggravated" (4.1%), "Fraud-Computer" (3.5%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in August 2023 was FBI accounting for 37 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: SecServ (12% ), IRS (9%), DHS (7%), Postal (6%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2023, 34 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 August the most frequently cited lead charge was Title 18 U.S.C Section 1344 involving "Bank Fraud". This was the lead charge for 20.6 percent of all magistrate filings in August.
Other frequently prosecuted lead charges include: "18 USC 1349 - Mail Fraud - Attempt and Conspiracy" (20.6%).
White Collar Crime Prosecutions in U.S. District Courts
In August 2023, 282 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during August there were an additional 21 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 August.
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 August 2023.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 81 1 1 1 More 18 USC 1344 - Bank Fraud 36 2 2 3 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 30 3 3 2 More 18 USC 641 - Public money, property or records 20 4 5 6 More 18 USC 1341 - Mail Fraud - Frauds and swindles 14 5 9 9 More 18 USC 371 - Conspiracy to commit offense or to defraud US 12 6 4 7 More 18 USC 286 - Conspiracy to defraud the Government claims 10 7 24 26 More 26 USC 7206 - Fraud and False statements 10 7 8 8 More 18 USC 1028 - Fraud and related activity - id documents 9 9 7 10 More 18 USC 1029 - Fraud and related activity - access devices 8 10 12 5 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 "Bank Fraud" under Title 18 U.S.C Section 1344. "Bank Fraud" under Title 18 U.S.C Section 1344 was ranked 2 a year ago, while it was ranked 3 five years ago.
Ranked 3rd was "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 2 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 30 percent — compared to one year ago was Title 18 U.S.C Section 286 that involves " Conspiracy to defraud the Government claims ". Compared to five years ago, the largest increase — 37.6 percent — was registered for prosecutions under " Fraud by wire, radio, or television " (Title 18 U.S.C Section 1343 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 39.5 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 prosecutions — 74.4 percent — was for filings where the lead charge was " Fraud and related activity - access devices " (Title 18 U.S.C Section 1029 ).
Top Ranked Judicial Districts
In August 2023 the Justice Department's case-by-case records show that the government brought 109.6 white collar crime prosecutions for every ten million people in the United States.
Understandably, there is great variation in the 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 of this type last month are shown in Table 3.
The District of Puerto Rico — with 18 prosecutions — was the most active during August 2023.
The District of South Carolina ranked 2nd.
Southern District of New York (Manhattan) and Eastern District of Pennsylvania (Philadelphia) are now ranking 3rd.
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 August 2023 are shown in Table 4.
Judge Count Rank White, Jeffrey Steven Cal, N 6 1 More Vance, Sarah S. La, E 6 1 More Ellison, Keith P. Texas, S 5 3 More Dooley, Kari Anne Conn 3 4 More Conner, Christopher C. Penn, M 3 4 More Hendrix, James Wesley Texas, N 3 4 More Coogler, L. Scott Ala, N 2 7 More Moody, James Maxwell, Jr. Ark, E 2 7 More Burns, Larry Alan Cal, S 2 7 More Hall, Janet C. Conn 2 7 More Spector, Robert M. Conn 2 7 More Rodgers, Margaret Catharine Fla, N 2 7 More Scola, Robert Nichols, Jr. Fla, S 2 7 More Shipp, Michael A. N. J. 2 7 More Kahn, Lawrence E. N. Y., N 2 7 More Sannes, Brenda Kay N. Y., N 2 7 More Wolford, Elizabeth Ann N. Y., W 2 7 More White, Ronald A. Okla, E 2 7 More Pratter, Gene E.K. Penn, E 2 7 More Bissoon, Cathy Penn, W 2 7 More Biery, Samuel Frederick, Jr. Texas, W 2 7 More Payne, Robert E. Virg, E 2 7 More Volk, Frank William W Virg, S 2 7 More Peterson, James Donald Wisc, W 2 7 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 , while the remaining 17 judges were from other districts. (Because of ties, there were a total of 24 judges in the "top ten" rankings.)
Judges Jeffrey Steven White in the Northern District of California (San Francisco) and Sarah S. Vance in the Eastern District of Louisiana (New Orleans) ranked 1st with 6 defendants in white collar crime cases.
Judge Keith P. Ellison in the Southern District of Texas (Houston) ranked 3rd with 5 defendants in white collar crime cases.
Report Generated: October 6, 2023
