White Collar Crime Prosecutions for May 2023

Number Latest Month 301
Percent Change from previous month 1.3
Percent Change from 1 year ago -3.9
Percent Change from 5 years ago
(Including Magistrate Court)
-34.1
Percent Change from 5 years ago
(Excluding Magistrate Court)
-33.9
Table 1. Criminal White Collar Crime Prosecutions

The latest available data from the Justice Department show that during May 2023 the government reported 301 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 1.3 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 down (-3.9%). 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 34.1 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 May 2023 was for "Fraud-Other", accounting for 31.6 percent of prosecutions. Prosecutions were also filed for "Fraud-Federal Program" (16.6%), "Fraud-Financial Institution" (12.6%), "Fraud-Tax" (7.3%), "Fraud-Consumer" (5.6%), "Fraud-Identity Theft-Aggravated" (5%), "Fraud-Health Care" (4.3%), "Fraud-Computer" (3.7%), "Fraud-Other Business" (3.7%), "Fraud-Corporate" (2.3%). See Figure 2.

The lead investigative agency for white collar crime prosecutions in May 2023 was FBI accounting for 36 percent of prosecutions referred. Other agencies with substantial numbers of white collar crime referrals were: IRS (11% ), Postal (11%), DHS (8%), SSA (7%). See Figure 3.

Pie chart of progcatlabel

Figure 2. Specific Types of Prosecutions
Pie chart of agenrevgrp

Figure 3. Prosecutions by Investigative Agency

White Collar Crime Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In May 2023, 43 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 May the most frequently cited lead charge was Title 18 U.S.C Section 1343 involving "Fraud by wire, radio, or television". This was the lead charge for 30.2 percent of all magistrate filings in May.

Other frequently prosecuted lead charges include: "18 USC 1029 - Fraud and related activity - access devices" (16.3%), "18 USC 1344 - Bank Fraud" (11.6%).

White Collar Crime Prosecutions in U.S. District Courts

In May 2023, 258 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during May there were an additional 25 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 May.

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 May 2023.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 1343 - Fraud by wire, radio, or television 99 1 1 1 More
18 USC 1344 - Bank Fraud 36 2 2 3 More
18 USC 1349 - Mail Fraud - Attempt and Conspiracy 23 3 3 2 More
18 USC 641 - Public money, property or records 12 4 6 5 More
18 USC 1341 - Mail Fraud - Frauds and swindles 10 5 9 8 More
18 USC 371 - Conspiracy to commit offense or to defraud US 9 6 5 7 More
18 USC 1347 - Health Care Fraud 8 7 4 6 More
26 USC 7201 - Attempt to evade or defeat tax 8 7 11 12 More
26 USC 7206 - Fraud and False statements 8 7 7 9 More
18 USC 1028 - Fraud and related activity - id documents 7 10 8 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 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 21.1 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 — 21.9 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 32.5 percent — was " Health Care Fraud " (Title 18 U.S.C Section 1347 ). Compared to five years ago, the most significant decline in prosecutions — 52.3 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 May 2023 the Justice Department's case-by-case records show that the government brought 102.3 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  
Ala, S 837 6 1 49 88 More
Okla, N 771 7 2 66 67 More
Okla, W 277 5 3 66 46 More
Cal, S 242 7 4 17 36 More
Texas, E 225 8 5 10 45 More
Mass 206 12 6 8 24 More
Mich, E 203 11 7 12 5 More
Ala, N 201 5 8 33 36 More
Penn, E 160 8 9 17 10 More
Cal, C 156 25 10 5 3 More
Table 3. Top 10 Districts (per ten million people)

  • The Southern District of Alabama (Mobile) — with 837 prosecutions as compared with 102.3 prosecutions per ten million population in the United States — was the most active during May 2023.

  • The Northern District of Oklahoma (Tulsa) ranked 2nd.

  • Western District of Oklahoma (Oklahoma City) is now ranking 3rd.

Recent entrants to the top 10 list were Eastern District of Michigan (Detroit), now ranked 7th , and Southern District of California (San Diego) at 4th In the same order, these districts ranked 12th and 17th one year ago and 5th and 36th 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 — 171.4 percent — was Southern District of Alabama (Mobile). This was the same district that had the largest increase — 850 percent — when compared with five years ago.

In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions — 37.5 percent — was Massachusetts .  But over the past five years, Eastern District of Michigan (Detroit) 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 May 2023 are shown in Table 4.

Judge Count Rank  
Frizzell, Gregory Kent Okla, N 7 1 More
Kearney, Mark A. Penn, E 5 2 More
Kernodle, Jeremy Daniel Texas, E 4 3 More
Bermudez Montenegro, Ruth Cal, S 3 4 More
Barber, Thomas Patrick Fla, M 3 4 More
Murphy, Stephen Joseph, III Mich, E 3 4 More
Patti, Anthony P. Mich, E 3 4 More
Salas, Esther N. J. 3 4 More
Burke, Liles Clifton Ala, N 2 9 More
Beistline, Ralph R. Alaska 2 9 More
Bernal, Jesus Gilberto Cal, C 2 9 More
Dalton, Roy Bale, Jr. Fla, M 2 9 More
Smith, Rodney Fla, S 2 9 More
Nye, David Charles Idaho 2 9 More
Jensen, Lisa Ill, N 2 9 More
Zobel, Rya Weickert Mass 2 9 More
Mastroianni, Mark Gerald Mass 2 9 More
Watters, Susan Pamela Montana 2 9 More
Ross, Allyne R. N. Y., E 2 9 More
Geraci, Frank Paul, Jr. N. Y., W 2 9 More
Heaton, Joe L. Okla, W 2 9 More
Wyrick, Patrick Robert Okla, W 2 9 More
Kenney, Chad Francis, Sr. Penn, E 2 9 More
Lee, Susan K. Tenn, E 2 9 More
Crone, Marcia A. Texas, E 2 9 More
Nowak, Christine A. Texas, E 2 9 More
Moses, Alia M. Texas, W 2 9 More
Ballou, Robert S. Virg, W 2 9 More
Pepper, Pamela Wisc, E 2 9 More
Conley, William Martin Wisc, W 2 9 More
Table 4. Top Ten Judges

A total of 15 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 15 judges were from other districts. (Because of ties, there were a total of 30 judges in the "top ten" rankings.)

  • Judge Gregory Kent Frizzell in the Northern District of Oklahoma (Tulsa) ranked 1st with 7 defendants in white collar crime cases.

  • Judge Mark A. Kearney in the Eastern District of Pennsylvania (Philadelphia) ranked 2nd with 5 defendants in white collar crime cases.

  • Judge Jeremy Daniel Kernodle in the Eastern District of Texas (Tyler) ranked 3rd with 4 defendants in white collar crime cases.

Report Generated: July 6, 2023
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Copyright 2023, TRAC Reports, Inc.

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