White Collar Crime Prosecutions for February 2024
The latest available data from the Justice Department show that during February 2024 the government reported 380 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 55.7 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 2024 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-10.5%). 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 32.3 percent from levels reported in 2019.
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 February 2024 was for "Fraud-Other", accounting for 33.7 percent of prosecutions. Prosecutions were also filed for "Fraud-Federal Program" (10.3%), "Fraud-Financial Institution" (8.9%), "Fraud-Health Care" (7.9%), "Fraud-Tax" (7.6%), "Fraud-Identity Theft-Aggravated" (5.8%), "Fraud-Computer" (4.5%), "Fraud-Consumer" (4.2%), "Fraud-Identity Theft-Other" (3.9%), "Antitrust-Other" (3.7%), "Fraud-Other Business" (2.9%), "Fraud-Corporate" (2.1%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in February 2024 was FBI accounting for 32 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: DHS (27% ), IRS (10%), SecServ (7%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In February 2024, 52 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 February the most frequently cited lead charge was Title 18 U.S.C Section 1001 involving "Fraud/false statements or entries generally". This was the lead charge for 21.2 percent of all magistrate filings in February.
Other frequently prosecuted lead charges include: "18 USC 1028A - Aggravated Identity Theft" (19.2%), "18 USC 1343 - Fraud by wire, radio, or television" (15.4%), "18 USC 1341 - Mail Fraud - Frauds and swindles" (9.6%).
White Collar Crime Prosecutions in U.S. District Courts
In February 2024, 328 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during February there were an additional 24 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 February.
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 February 2024.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 145 1 1 1 More 18 USC 1344 - Bank Fraud 24 2 2 2 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 18 3 3 3 More 18 USC 371 - Conspiracy to commit offense or to defraud US 14 4 5 6 More 18 USC 1346 - Scheme or artifice to defraud 14 4 53 69 More 18 USC 641 - Public money, property or records 12 6 4 5 More 18 USC 1028 - Fraud and related activity - id documents 12 6 8 9 More 18 USC 1001 - Fraud/false statements or entries generally 11 8 18 16 More 18 USC 1029 - Fraud and related activity - access devices 11 8 13 4 More 18 USC 1028A - Aggravated Identity Theft 9 10 12 10 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 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 3 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 366.7 percent — compared to one year ago was Title 18 U.S.C Section 1346 that involves " Scheme or artifice to defraud ". This was the same statute that had the largest increase — 600 % — when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 23.6 percent — was " Public money, property or records " (Title 18 U.S.C Section 641 ). Compared to five years ago, the most significant decline in prosecutions — 85.3 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 February 2024 the Justice Department's case-by-case records show that the government brought 126.7 white collar crime prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita 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 per capita for these matters last month are shown in Table 3. Districts must have at least 5 white collar crime prosecutions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago Texas, N 1,366 87 1 10 10 More Utah 461 13 2 19 55 More Mo, E 371 9 3 17 7 More Ala, N 358 9 4 25 20 More N. Y., S 324 14 5 10 3 More Tenn, E 262 6 6 39 32 More N. J. 220 17 7 7 8 More Minnesota 210 10 8 5 40 More Texas, W 200 13 9 20 20 More N. Y., E 189 13 10 9 11 More Table 3. Top 10 Districts (per ten million people)
The Northern District of Texas (Fort Worth) — with 1366 prosecutions as compared with 126.7 prosecutions per ten million population in the United States — was the most active during February 2024. The Northern District of Texas (Fort Worth) was ranked 10 a year ago, while it was ranked 10 for most frequent use five years ago.
The District of Utah ranked 2nd.
Eastern District of Missouri (St. Louis) is now ranking 3rd.
Recent entrants to the top 10 list were Eastern District of Missouri (St. Louis), now ranked 3rd , and Utah at 2nd In the same order, these districts ranked 17th and 19th one year ago and 7th and 55th five years ago.
The federal judicial district which showed the greatest growth in the rate of white collar crime prosecutions compared to one year ago — 128.6 percent — was Northern District of Texas (Fort Worth). Compared to five years ago, the district with the largest growth — 138.5 percent — was Utah .
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions — 76.2 percent — was Minnesota . But over the past five years, Southern District of New York (Manhattan) showed the largest drop — 49.2 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 of this type during February 2024 are shown in Table 4.
Judge Count Rank 1yr ago 5yrs ago Lindsay, Sam A. Texas, N 67 1 - 76 More Nielson, Howard Curtis, Jr. Utah 7 2 27 - More Curiel, Gonzalo Paul Cal, S 5 3 314 76 More Moses, Alia M. Texas, W 5 3 314 - More Donnelly, Ann Marie N. Y., E 4 5 314 - More Brann, Matthew William Penn, M 4 5 - 210 More Pitman, Robert Texas, W 4 5 199 147 More Haikala, Madeline H. Ala, N 3 8 122 14 More Burke, Liles Clifton Ala, N 3 8 199 - More Fitzgerald, Michael Walter Cal, C 3 8 122 299 More Jung, William Frederic Fla, M 3 8 84 299 More Kugler, Robert B. N. J. 3 8 122 147 More Torres, Analisa Nadine N. Y., S 3 8 - - More Kearney, Mark A. Penn, E 3 8 199 452 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 filings per capita, while the remaining 5 judges were from other districts. (Because of ties, there were a total of 14 judges in the "top ten" rankings.)
Judge Sam A. Lindsay in the Northern District of Texas (Fort Worth) ranked 1st with 67 defendants in white collar crime cases.
Judge Howard Curtis Nielson, Jr. in the District of Utah ranked 2nd with 7 defendants in white collar crime cases.
Judges Gonzalo Paul Curiel in the Southern District of California (San Diego) and Alia M. Moses in the Western District of Texas (San Antonio) ranked 3rd with 5 defendants in white collar crime cases.
Report Generated: April 3, 2024
