Continued Decline in Secret Service Prosecutions
Table 1. Criminal Prosecutions
Referred by the Secret Service
Number FY 2014 2,158 Percent Change from previous year -2.3 Percent Change from FY 2010 -23.8 Percent Change from 10 years ago -14.1 Percent Change from 20 years ago -27.1
The latest available data from the Justice Department show that during FY 2014 the government reported 2,158 new prosecutions referred by the Secret Service in the Department of Homeland Security. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 2.3 percent over the past fiscal year when the number of prosecutions totaled 2,209.
The comparisons of the number of defendants charged with 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).
Compared to four years ago when there were 2,834, the number of FY 2014 prosecutions of this type is down 23.8 percent. Prosecutions over the past year are lower than they were ten years ago. Overall, the data show that prosecutions of this type are down 14.1 percent from the level of 2,513 reported in 2004 and down 27.1 percent from the level of 2,960 reported in 1994.
The long term trend in prosecutions for these matters going back to FY 1994 is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of recorded prosecutions that were referred by the Secret Service each fiscal year. Each presidential administration is distinguished by the color of the bars.
Figure 1. Criminal Prosecutions over the Past Twenty Years
Figure 2. Specific Types
of ProsecutionsLeading Program Areas
Cases were classified by prosecutors into more specific types. The single largest number of prosecutions referred by the Secret Service through September 2014 was for "White Collar Crime", accounting for 55.2 percent of prosecutions.
The second largest number of matters were Prosecutions filed under the program area of "Government Regulatory" (20.6%).
[The Department of Justice is withholding the program area for 12 percent of the cases. These matters are also included in the "Other" category. TRAC, in ongoing litigation, has challenged the government's withholding of program category information, winning a substantial victory in September 2006 decision. The government, however, has filed a notice of appeal which has stayed the order requiring it to release program information.]
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of these matters filed in U.S. District Court during FY 2014.
Table 2. Top Charges Filed
Lead Charge Count Rank 1 yr ago 5 yrs ago 10 yrs ago 20 yrs ago 18 USC 1029 - Fraud and related activity - access devices 329 1 1 1 1 1 18 USC 472 - Uttering counterfeit obligations or securities 202 2 2 3 3 2 18 USC 1344 - Bank Fraud 198 3 4 2 2 4 18 USC 1343 - Fraud by wire, radio, or television 171 4 5 7 9 8 18 USC 471 - Obligations or securities of United States 142 5 3 5 4 6 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 138 6 10 10 17 - 18 USC 371 - Conspiracy to commit offense or to defraud US 135 7 6 4 6 5 18 USC 1028 - Fraud and related activity - id documents 129 8 7 6 7 15 18 USC 513 - Securities of the States and private entities 50 9 11 8 5 7 18 USC 1030 - Fraud and related activity - computers 43 10 27 26 13 21
"Fraud and related activity - access devices" (Title 18 U.S.C Section 1029) was the most frequently recorded lead charge. Title 18 U.S.C Section 1029 was ranked first a year ago, while it was the first most frequently invoked five years ago. It was ranked first ten years ago and first twenty years ago.
Ranked second in frequency was the lead charge "Uttering counterfeit obligations or securities" under Title 18 U.S.C Section 472. Title 18 U.S.C Section 472 was ranked second a year ago, while it was the third most frequently invoked five years ago. It was ranked third ten years ago and second twenty years ago.
Ranked third was "Bank Fraud" under Title 18 U.S.C Section 1344. Title 18 U.S.C Section 1344 was ranked fourth a year ago, while it was the second most frequently invoked five years ago. It was ranked second ten years ago and fourth twenty years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 617 percent — compared to one year ago was Title 18 U.S.C Section 1030 that involves "Fraud and related activity - computers ". This was the same statute that had the largest increase — 438 percent — 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 28.3 percent — was "Obligations or securities of United States " (Title 18 U.S.C Section 471 ). This was the same statute that had the largest decrease — 49.0 percent — when compared with five years ago.
Top Ranked Judicial Districts
During FY 2013 the Justice Department said the government obtained 7 prosecutions for every one million people in the United States. Prosecutions for one million people in the United States during FY 2014 numbered 6.9. Understandably, there is great variation in the per capita number of prosecutions in each of the nation's ninety-four federal judicial districts. The districts registering the largest number of prosecutions of this type during FY 2014 are shown in Table 3.
Table 3. Top Ten Districts (per One Million People)
Judicial District Percapita Count Rank 1yr ago 5yrs ago 10yrs ago 20yrs ago Miss, N 36 40 1 24 38 87 24 Ala, S 22 18 2 1 2 7 4 Fla, S 19 134 3 5 4 8 7 D. C. 19 12 4 45 7 3 1 S Dakota 18 15 5 4 24 19 68 Wyoming 17 10 6 35 56 49 59 Penn, M 17 54 7 41 17 18 58 Ga, M 17 34 8 19 63 26 31 Fla, N 17 30 9 25 16 25 16 Virg, W 16 35 10 2 19 79 88
The Northern District of Mississippi (Oxford) — with 35.89 prosecutions as compared with 6.9 prosecutions per one million people in the United States — was the most active through September 2014.
The Southern District of Alabama (Mobile) ranked second. The Southern District of Alabama (Mobile) was ranked first a year ago, while it was ranked second five years ago. The district's position ten years ago was seventh and fourth twenty years ago.
The Southern District of Florida (Miami) now ranks third. The Southern District of Florida (Miami) was ranked fifth a year ago, while it was ranked fourth five years ago. The district's position ten years ago was eighth and seventh twenty years ago.
Ten years ago, the Middle District of Pennsylvania (Scranton), South Dakota, the Northern District of Florida (Pensacola), the Middle District of Georgia (Macon), Wyoming, the Western District of Virginia (Roanoke) and the Northern District of Mississippi (Oxford) now ranked in the top ten did not appear in the top ten.
Twenty years ago, the Northern District of Florida (Pensacola), the Northern District of Mississippi (Oxford), the Middle District of Georgia (Macon), the Middle District of Pennsylvania (Scranton), Wyoming, South Dakota and the Western District of Virginia (Roanoke) were not sufficiently active to have made the top ten.
The federal judicial district which showed the greatest growth in the rate of prosecutions compared to one year ago — 233 percent — was the Northern District of Mississippi (Oxford). Compared to five years ago, the district with the largest growth — 319 percent — was the Middle District of Georgia (Macon).
In the last year, the judicial District Court recording the largest drop in the rate of prosecutions — 63.2 percent — was the Western District of Virginia (Roanoke).
Report Date: January 22, 2015
