White Collar Crime Convictions for September 2023
The latest available data from the Justice Department show that during September 2023 the government reported 493 new white collar crime convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 16.5 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 (9.4%). 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 16.9 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 12.8 percent instead of 16.9 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 September 2023 was for "Fraud-Other", accounting for 26 percent of convictions. Convictions were also filed for "Fraud-Federal Program" (12.8%), "Fraud-Financial Institution" (11.4%), "Fraud-Health Care" (9.7%), "Fraud-Identity Theft-Aggravated" (7.7%), "Fraud-Tax" (7.1%), "Fraud-Other Business" (5.3%), "Fraud-Computer" (4.1%), "Fraud-Consumer" (3.2%), "Fraud-Identity Theft-Other" (2.4%), "Fraud-Federal Procurement" (2.2%), "Fraud-Other Investment" (2%), "Fraud-Securities" (2%). See Figure 2.
The lead investigative agency for white collar crime convictions in September 2023 was FBI accounting for 36 percent of convictions. Other agencies with substantial numbers of white collar crime convictions were: SecServ (11% ), IRS (9%), Postal (8%), DHS (8%). See Figure 3.
White Collar Crime Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2023, 4 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 September the most frequently cited lead charge was Title 18 U.S.C Section 641 involving "Public money, property or records". This was the lead charge for 25 percent of all magistrate convictions in September.
White Collar Crime Convictions in U.S. District Courts
In September 2023, 489 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September 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 September.
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 September 2023.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1343 - Fraud by wire, radio, or television 143 1 1 1 More 18 USC 1344 - Bank Fraud 57 2 2 2 More 18 USC 1347 - Health Care Fraud 27 3 3 8 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 27 3 4 4 More 18 USC 1028 - Fraud and related activity - id documents 23 5 7 10 More 18 USC 371 - Conspiracy to commit offense or to defraud US 22 6 5 5 More 18 USC 641 - Public money, property or records 21 7 7 7 More 18 USC 1029 - Fraud and related activity - access devices 20 8 9 3 More 18 USC 1341 - Mail Fraud - Frauds and swindles 17 9 6 6 More 26 USC 7206 - Fraud and False statements 15 10 11 9 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 were "Health Care Fraud" under Title 18 U.S.C Section 1347 and "Mail Fraud - Attempt and Conspiracy" under Title 18 U.S.C Section 1349. "Health Care Fraud" under Title 18 U.S.C Section 1347 was ranked 3 a year ago, while it was ranked 8 five years ago."Mail Fraud - Attempt and Conspiracy" under Title 18 U.S.C Section 1349 was ranked 4 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 27 percent — compared to one year ago was Title 18 U.S.C Section 1343 that involves " Fraud by wire, radio, or television ". Compared to five years ago, the largest increase — 42.9 percent — was registered for convictions under " Health Care Fraud " (Title 18 U.S.C Section 1347 ).
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago — down 11 percent — was " Conspiracy to commit offense or to defraud US " (Title 18 U.S.C Section 371 ). Compared to five years ago, the most significant decline in convictions — 57.3 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 September 2023 the Justice Department's case-by-case records show that the government obtained 176.8 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 Ala, S 1,534 11 1 51 82 More D. C. 1,254 7 2 71 73 More La, M 846 6 3 47 82 More Mo, E 821 20 4 7 8 More Tenn, W 692 9 5 76 53 More Mich, E 664 36 6 5 7 More R. I. 657 6 7 51 90 More Wash, E 641 9 8 86 59 More N. Y., S 621 27 9 8 3 More Ark, E 587 8 10 51 80 More Table 3. Top 10 Districts (per ten million people)
The Southern District of Alabama (Mobile) — with 1534 convictions as compared with 176.8 convictions per ten million population in the United States — was the most active during September 2023.
The District of Washington, D.C. (Washington) ranked 2nd.
Middle District of Louisiana (Baton Rouge) is now ranking 3rd.
Recent entrants to the top 10 list were Middle District of Louisiana (Baton Rouge), now ranked 3rd , and Southern District of Alabama (Mobile) at 1st In the same order, these districts ranked 47th and 51st one year ago and 82nd and 82nd 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 — 375 percent — was Eastern District of Washington (Spokane). Compared to five years ago, the district with the largest growth — 716.7 percent — was Southern District of Alabama (Mobile).
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 September 2023 are shown in Table 4.
Judge Count Rank Leitman, Matthew Frederick Mich, E 13 1 More Roberts, Victoria A. Mich, E 9 2 More Autrey, Henry Edward Mo, E 7 3 More Martinez, Ricardo S. Wash, W 7 3 More Baker, Kristine Gerhard Ark, E 5 5 More Hellerstein, Alvin K. N. Y., S 5 5 More Simon, Michael Howard Oregon 5 5 More Rice, Thomas Owen Wash, E 5 5 More DuBose, Kristi K. Ala, S 4 9 More Drozd, Dale A. Cal, E 4 9 More Sammartino, Janis Lynn Cal, S 4 9 More Grimberg, Steven Daniel Ga, N 4 9 More Stein, Sidney H. N. Y., S 4 9 More McConnell, John James, Jr. R. I. 4 9 More Anderson, Stanley Thomas Tenn, W 4 9 More Table 4. Top Ten Judges
A total of 10 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 5 judges were from other districts. (Because of ties, there were a total of 15 judges in the "top ten" rankings.)
Judge Matthew Frederick Leitman in the Eastern District of Michigan (Detroit) ranked 1st with 13 convicted in white collar crime convictions.
Judge Victoria A. Roberts in the Eastern District of Michigan (Detroit) ranked 2nd with 9 convicted in white collar crime convictions.
Judges Henry Edward Autrey in the Eastern District of Missouri (St. Louis) and Ricardo S. Martinez in the Western District of Washington (Seattle) ranked 3rd with 7 convicted in white collar crime convictions.
Report Generated: December 4, 2023
