White Collar Crime Convictions for November 2022
The latest available data from the Justice Department show that during November 2022 the government reported 280 new white collar crime convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 2.8 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 2022 convictions of this type are compared with those of the same period in the previous year, the number of convictions was up (3.7%). 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 26.3 percent from levels reported in 2017.
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 November 2022 was for "Fraud-Other", accounting for 18.2 percent of convictions. Convictions were also filed for "Fraud-Federal Program" (15%), "Fraud-Financial Institution" (12.1%), "Fraud-Identity Theft-Aggravated" (10%), "Fraud-Computer" (9.3%), "Fraud-Tax" (8.9%), "Fraud-Health Care" (6.8%), "Fraud-Identity Theft-Other" (6.8%), "Fraud-Other Business" (3.2%), "Fraud-Other Investment" (2.1%). See Figure 2.
The lead investigative agency for white collar crime convictions in November 2022 was FBI accounting for 37 percent of convictions. Other agencies with substantial numbers of white collar crime convictions were: IRS (10% ), SecServ (10%), DHS (8%), Postal (8%). See Figure 3.
White Collar Crime Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In November 2022, 2 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.
In the magistrate courts in November the most frequently cited lead charge was Title 18 U.S.C Section 1028 involving "Aggravated Identity Theft". This was the lead charge for 100 percent of all magistrate convictions in November.
White Collar Crime Convictions in U.S. District Courts
In November 2022, 278 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during November 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 November.
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 November 2022.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 59 1 1 1 More 18 USC 1344 - Bank Fraud 42 2 2 2 More 18 USC 1347 - Health Care Fraud 16 3 9 4 More 18 USC 641 - Public money, property or records 13 4 3 6 More 18 USC 1028 - Fraud and related activity - id documents 13 4 10 6 More 18 USC 1341 - Mail Fraud - Frauds and swindles 13 4 6 9 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 13 4 4 8 More 18 USC 371 - Conspiracy to commit offense or to defraud US 12 8 4 5 More 18 USC 1030 - Fraud and related activity - computers 12 8 13 16 More 18 USC 1029 - Fraud and related activity - access devices 10 10 6 3 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 "Health Care Fraud" under Title 18 U.S.C Section 1347. "Health Care Fraud" under Title 18 U.S.C Section 1347 was ranked 9 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 78.4 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 — 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 24.3 percent — was " Public money, property or records " (Title 18 U.S.C Section 641 ). Compared to five years ago, the most significant decline in convictions — 60.1 percent — was for convictions where the lead charge was " Fraud and related activity - access devices " (Title 18 U.S.C Section 1029 ).
Top Ranked Judicial Districts
In November 2022 the Justice Department's case-by-case records show that the government obtained 100.5 white collar crime convictions for every ten million people in the United States.
Understandably, there is great variation in the 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 of this type last month are shown in Table 3.
The Eastern District of Virginia (Alexandria) — with 19 convictions — was the most active during November 2022.
The Southern District of Florida (Miami), District of Massachusetts and Eastern District of Missouri (St. Louis) ranked 2nd.
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 November 2022 are shown in Table 4.
Judge Count Rank DeGiusti, Timothy D. Okla, W 7 1 More Polster, Dan A. Ohio, N 5 2 More Dominguez, Daniel R. Puer Rico 5 2 More Novak, David J. Virg, E 5 2 More Smith, Rodney Fla, S 4 5 More Oetken, James Paul N. Y., S 4 5 More Peterson, James Donald Wisc, W 4 5 More Middlebrooks, Donald M. Fla, S 3 8 More Saris, Patti B. Mass 3 8 More Bramlette, David C., III Miss, S 3 8 More Ross, John Andrew Mo, E 3 8 More Rambo, Sylvia H. Penn, M 3 8 More Gibney, John Adrian, Jr. Virg, E 3 8 More Table 4. Top Ten Judges
A total of 11 out of the "top ten" judges were in districts which were in the top ten with the largest number of white collar crime convictions , while the remaining 2 judges were from other districts. (Because of ties, there were a total of 13 judges in the "top ten" rankings.)
Judge Timothy D. DeGiusti in the Western District of Oklahoma (Oklahoma City) ranked 1st with 7 convicted in white collar crime convictions.
Judges Dan A. Polster in the Northern District of Ohio (Cleveland), Daniel R. Dominguez in the District of Puerto Rico and David J. Novak in the Eastern District of Virginia (Alexandria) ranked 2nd with 5 convicted in white collar crime convictions.
Report Generated: January 19, 2023
