White Collar Crime Convictions for December 2023
The latest available data from the Justice Department show that during December 2023 the government reported 325 new white collar crime convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 7.3 percent over the previous month.
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 2023 convictions of this type are compared with those of the same period in the previous year, the number of convictions was up (14.3%). 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 15 percent from levels reported in 2018.
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 10.8 percent instead of 15 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.
Figure 1. Monthly Trends in White Collar Crime Convictions
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 December 2023 was for "Fraud-Other", accounting for 20.6 percent of convictions. Convictions were also filed for "Fraud-Federal Program" (15.1%), "Fraud-Financial Institution" (13.5%), "Fraud-Health Care" (9.2%), "Fraud-Tax" (8.3%), "Fraud-Identity Theft-Aggravated" (5.8%), "Fraud-Consumer" (5.5%), "Fraud-Computer" (5.2%), "Fraud-Other Business" (4.6%), "Fraud-Identity Theft-Other" (4.3%), "Fraud-Securities" (3.1%). See Figure 2.
The lead investigative agency for white collar crime convictions in December 2023 was FBI accounting for 35 percent of convictions. Other agencies with substantial numbers of white collar crime convictions were: IRS (13% ), SecServ (10%), Postal (8%), DHS (8%). See Figure 3.
White Collar Crime Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In December 2023, no defendants in white collar crime cases for these matters were convicted 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.
White Collar Crime Convictions in U.S. District Courts
In December 2023, 325 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during December 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 December.
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 December 2023.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 90 1 1 1 More 18 USC 1344 - Bank Fraud 31 2 2 2 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 25 3 3 4 More 18 USC 1347 - Health Care Fraud 19 4 4 8 More 18 USC 641 - Public money, property or records 18 5 6 5 More 18 USC 1028 - Fraud and related activity - id documents 17 6 8 9 More 18 USC 371 - Conspiracy to commit offense or to defraud US 14 7 5 6 More 18 USC 1341 - Mail Fraud - Frauds and swindles 14 7 7 7 More 26 USC 7206 - Fraud and False statements 11 9 9 10 More 18 USC 1030 - Fraud and related activity - computers 8 10 13 15 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 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 2 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 4 five years ago.
Among these top ten lead charges, the one showing the greatest increase in convictions — up 38.5 percent — compared to one year ago was Title 18 U.S.C Section 1349 that involves " Mail Fraud - Attempt and Conspiracy ". Compared to five years ago, the largest increase — 32.7 percent — was registered for convictions 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 convictions compared to one year ago — down 17.9 percent — was " Fraud and False statements " (Title 26 U.S.C Section 7206 ). This was the same statute that had the largest decrease — 41.5 % — when compared with five years ago.
Top Ranked Judicial Districts
In December 2023 the Justice Department's case-by-case records show that the government obtained 117 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 La, E 509 7 1 38 46 More Minnesota 441 21 2 38 60 More N. Y., S 416 18 3 9 5 More Mo, E 412 10 4 6 11 More Fla, S 384 24 5 1 1 More N. Y., W 341 8 6 31 46 More Miss, S 325 5 7 51 60 More Ga, N 233 14 8 5 20 More Penn, M 185 5 9 35 53 More Wisc, E 175 5 10 63 29 More Table 3. Top 10 Districts (per ten million people)
The Eastern District of Louisiana (New Orleans) — with 509 convictions as compared with 117 convictions per ten million population in the United States — was the most active during December 2023.
The District of Minnesota ranked 2nd.
Southern District of New York (Manhattan) is now ranking 3rd. The Southern District of New York (Manhattan) was ranked 9 a year ago, while it was ranked 5 for most frequent use five years ago.
Recent entrants to the top 10 list were Western District of New York (Buffalo), now ranked 6th , and Middle District of Pennsylvania (Scranton) at 9th In the same order, these districts ranked 31st and 35th one year ago and 46th and 53rd 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 — 133.3 percent — was Eastern District of Louisiana (New Orleans). Compared to five years ago, the district with the largest growth — 135.1 percent — was Northern District of Georgia (Atlanta).
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 December 2023 are shown in Table 4.
Judge Count Rank Tunheim, John R. Minnesota 8 1 More Birotte, Andre, Jr. Cal, C 5 2 More Williams, Kathleen Mary Fla, S 4 3 More Grimberg, Steven Daniel Ga, N 4 3 More Rice, Thomas Owen Wash, E 4 3 More Walter, John F. Cal, C 3 6 More Hayes, William Q. Cal, S 3 6 More Dalton, Roy Bale, Jr. Fla, M 3 6 More Ruiz, Rodolfo Armando, II Fla, S 3 6 More Smith, Rodney Fla, S 3 6 More Doty, David Singleton Minnesota 3 6 More Eagles, Catherine Caldwell N Car, M 3 6 More Swain, Laura Taylor N. Y., S 3 6 More Wolford, Elizabeth Ann N. Y., W 3 6 More Besosa, Francisco Augusto Puer Rico 3 6 More Table 4. Top Ten Judges
A total of 8 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 7 judges were from other districts. (Because of ties, there were a total of 15 judges in the "top ten" rankings.)
Judge John R. Tunheim in the District of Minnesota ranked 1st with 8 convicted in white collar crime convictions.
Judge Andre Birotte, Jr. in the Central District of California (Los Angeles) ranked 2nd with 5 convicted in white collar crime convictions.
Judges Kathleen Mary Williams in the Southern District of Florida (Miami), Steven Daniel Grimberg in the Northern District of Georgia (Atlanta) and Thomas Owen Rice in the Eastern District of Washington (Spokane) ranked 3rd with 4 convicted in white collar crime convictions.
Report Generated: February 7, 2024
