White Collar Crime Prosecutions for January 2020
The latest available data from the Justice Department show that during January 2020 the government reported 359 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 18.8 percent over the previous month.
White Collar Crime
This report summarizes the government's recent efforts when it comes to combating white collar crime — the number of such cases, the investigative agencies involved, the laws cited, the busiest federal districts and the busiest federal judges.
See more...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 2020 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-8%). 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 25.1 percent from levels reported in 2015.
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 January 2020 was for "Fraud-Other", accounting for 18.7 percent of prosecutions. Prosecutions were also filed for "Fraud-Financial Institution" (10.9%), "Fraud-Health Care" (10.9%), "Fraud-Identity Theft-Aggravated" (10%), "Fraud-Tax" (9.7%), "Fraud-Federal Program" (8.6%), "Fraud-Other Business" (6.4%), "Fraud-Identity Theft-Other" (5.8%), "Fraud-Computer" (5%), "Fraud-Securities" (3.1%). See Figure 2.
The lead investigative agency for white collar crime prosecutions in January 2020 was FBI accounting for 34 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: IRS (11% ), SecServ (9%), DHS (9%), Postal (8%). See Figure 3.
White Collar Crime Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In January 2020, 53 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 January the most frequently cited lead charge was Title 18 U.S.C Section 1344 involving "Bank Fraud". This was the lead charge for 18.9 percent of all magistrate filings in January.
Other frequently prosecuted lead charges include: "18 USC 1343 - Fraud by wire, radio, or television" (15.1%), "18 USC 1546 - Fraud and misuse of visas, permits, and other documents" (13.2%), "18 USC 371 - Conspiracy to commit offense or to defraud US" (11.3%).
White Collar Crime Prosecutions in U.S. District Courts
In January 2020, 306 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during January there were an additional 40 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 January.
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 January 2020.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 66 1 1 1 More 18 USC 1344 - Bank Fraud 34 2 2 3 More 18 USC 371 - Conspiracy to commit offense or to defraud US 25 3 6 4 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 23 4 2 7 More 18 USC 1029 - Fraud and related activity - access devices 20 5 4 8 More 18 USC 641 - Public money, property or records 18 6 5 2 More 18 USC 1347 - Health Care Fraud 16 7 9 10 More 26 USC 7206 - Fraud and False statements 14 8 8 9 More 18 USC 1341 - Mail Fraud - Frauds and swindles 13 9 7 5 More 18 USC 1028A - Aggravated Identity Theft 12 10 11 11 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 "Conspiracy to commit offense or to defraud US" under Title 18 U.S.C Section 371. "Conspiracy to commit offense or to defraud US" under Title 18 U.S.C Section 371 was ranked 6 a year ago, while it was ranked 4 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 33.7 percent — compared to one year ago was Title 18 U.S.C Section 1347 that involves " Health Care Fraud ". Compared to five years ago, the largest increase — 22.4 percent — was registered for prosecutions under " Aggravated Identity Theft " (Title 18 U.S.C Section 1028 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 39.6 percent — was " Fraud and related activity - access devices " (Title 18 U.S.C Section 1029 ). Compared to five years ago, the most significant decline in prosecutions — 53.8 percent — was for filings where the lead charge was " Mail Fraud - Frauds and swindles " (Title 18 U.S.C Section 1341 ).
Top Ranked Judicial Districts
In January 2020 the Justice Department's case-by-case records show that the government brought 126.9 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 S Dakota 691 5 1 73 80 More N. Y., S 669 29 2 3 2 More Maine 538 6 3 69 80 More Iowa, N 453 5 4 55 73 More Ark, E 439 6 5 17 69 More Hawaii 422 5 6 84 77 More Fla, S 320 20 7 2 1 More Conn 302 9 8 22 40 More N. J. 296 22 9 12 15 More Ken, E 271 5 10 61 29 More Table 3. Top 10 Districts (per ten million people)
The District of South Dakota — with 691 prosecutions as compared with 126.9 prosecutions per ten million population in the United States — was the most active during January 2020.
The Southern District of New York (Manhattan) ranked 2nd. The Southern District of New York (Manhattan) was ranked 3 a year ago, while it was ranked 2 for most frequent use five years ago.
District of Maine is now ranking 3rd.
Recent entrants to the top 10 list were New Jersey , now ranked 9th , and Eastern District of Arkansas (Little Rock) at 5th In the same order, these districts ranked 12th and 17th one year ago and 15th and 69th 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 — 160 percent — was Hawaii . Compared to five years ago, the district with the largest growth — 150 percent — was Eastern District of Arkansas (Little Rock).
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions — 40.5 percent — was Connecticut . But over the past five years, Eastern District of Kentucky (Lexington) showed the largest drop — 37.8 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 January 2020 are shown in Table 4.
Judge Count Rank Failla, Katherine Polk N. Y., S 15 1 More Jones, Steve CarMichael Ga, N 5 2 More Antoon, John, II Fla, M 4 3 More Byron, Paul Gregory Fla, M 4 3 More Cooke, Marcia G. Fla, S 4 3 More Williams, Kathleen Mary Fla, S 4 3 More Torresen, Nancy Maine 4 3 More Hillman, Timothy S. Mass 4 3 More Oliver, Solomon, Jr. Ohio, N 4 3 More Baker, Kristine Gerhard Ark, E 3 10 More Bernal, Jesus Gilberto Cal, C 3 10 More Nunley, Troy Lynne Cal, E 3 10 More Underhill, Stefan R. Conn 3 10 More Kobayashi, Leslie Emi Hawaii 3 10 More Kennelly, Matthew F. Ill, N 3 10 More Cecchi, Claire Claudia N. J. 3 10 More Nugent, Donald C. Ohio, N 3 10 More Perez-Gimenez, Juan Manuel Puer Rico 3 10 More Leighton, Ronald B. Wash, W 3 10 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 filings per capita, while the remaining 11 judges were from other districts. (Because of ties, there were a total of 19 judges in the "top ten" rankings.)
Judge Katherine Polk Failla in the Southern District of New York (Manhattan) ranked 1st with 15 defendants in white collar crime cases.
Judge Steve CarMichael Jones in the Northern District of Georgia (Atlanta) ranked 2nd with 5 defendants in white collar crime cases.
Judges John Antoon, II in the Middle District of Florida (Tampa), Paul Gregory Byron in the Middle District of Florida (Tampa), Marcia G. Cooke in the Southern District of Florida (Miami), Kathleen Mary Williams in the Southern District of Florida (Miami), Nancy Torresen in the District of Maine, Timothy S. Hillman in the District of Massachusetts and Solomon Oliver, Jr. in the Northern District of Ohio (Cleveland) ranked 3rd with 4 defendants in white collar crime cases.
Report Generated: February 19, 2020
