White Collar Crime Prosecutions for 2017
Number Year-to-date 5,825 Percent Change from previous year -6.8 Percent Change from 5 years ago -30.9 Percent Change from 10 years ago -26.8 Percent Change from 20 years ago -41.4
Table 1: Criminal White Collar Crime ProsecutionsThe latest available data from the Justice Department show that during FY 2017 the government reported 5,825 new white collar crime prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 6.8% over the past fiscal year when the number of prosecutions totaled 6,253.
The comparisons of the number of defendants charged with white collar crime-r 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 five years ago when there were 8,433, the number of FY 2017 prosecutions of this type is down 30.9 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 26.8 percent from the level of 7,953 reported in 2007 and down 41.4 percent from the level of 9,938 reported in 1997.
The long term trend in white collar crime prosecutions for these matters going back to FY 1997 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 each fiscal year. Each presidential administration is distinguished by the color of the bars. To view trends month-by-month rather than year-by-year, see TRAC's monthly report series for the latest data.
Leading Program Categories
Within the broad category of white collar crime, cases were classified by prosecutors into more specific types.
Case types within white collar crime are
• Antitrust-Airlines
• Antitrust-Banking
• Antitrust-Defense Procurement
• Antitrust-Extraterritorial
• Antitrust-Other
• Antitrust-Other Finance Mkts.
• Fraud-Advance Fee Schemes
• Fraud-Against Ins. Provider
• Fraud-Arson for Profit
• Fraud-Bankruptcy
• Fraud-Commodities
• Fraud-Computer
• Fraud-Consumer
• Fraud-Corporate
• Fraud-Federal Procurement
• Fraud-Federal Program
• Fraud-Financial Institution
• Fraud-Health Care
• Fraud-Identity Theft-Aggravated
• Fraud-Identity Theft-Other
• Fraud-Insider Ins. Provider
• Fraud-Intellectual Property Violations
• Fraud-MEWA/MET
• Fraud-Mortgage
• Fraud-Other
• Fraud-Other Business
• Fraud-Other Insurance
• Fraud-Other Investment
• Fraud-Securities
• Fraud-Tax
• Fraud-Telemarketing
The single largest number of prosecutions of these matters through September 2017 was for "Fraud-Other", accounting for 19.7 percent of prosecutions.
As shown in Figure 2, the second largest number of matters were prosecutions filed under the program area of "Fraud-Financial Institution " (12%) . The "Other" category in Figure 2 is comprised of a diverse group of programs. The largest specific programs within the "Other" category were: Fraud-Tax" (11.2%), "Fraud-Identity Theft-Aggravated" (10.3%), "Fraud-Health Care" (10.1%), "Fraud-Federal Program" (8.9%), "Fraud-Identity Theft-Other" (6.3%), "Fraud-Other Business" (5.4%), "Fraud-Computer" (2.7%), "Fraud-Other Investment" (2.3%), "Fraud-Securities" (2.1%). See Figure 2.
Leading Investigative Agencies
The lead investigative agency for white collar crime prosecutions through September 2017 was "Justice - Federal Bureau of Investigation" accounting for 30.3 percent of prosecutions referred.
As shown in Figure 3, additional agencies with substantial numbers of white collar crime referrals were: Treasury - Internal Revenue Service (13.8%), "Homeland Security - Secret Service (formerly Treasury)" (9.7%), "Postal Service" (9%), "Health and Human Services" (4.4%). The "Other" category in Figure 3 is comprised of a diverse group of agencies. The agencies with substantial numbers of white collar crime within the "Other" category were: Other - Social Security Administration" (4.3%), "Homeland Security - Other" (3.9%), "Homeland Security - Immigration an" (3.3%), "Homeland Security - Customs and B" (2.2%).
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 FY 2017.
Lead Charge Count Rank 1 yr ago 5 yrs ago 10 yrs ago 20 yrs ago 18 USC 1343 - Fraud by wire, radio, or television 838 1 1 1 4 5 More 18 USC 1344 - Bank Fraud 509 2 3 2 1 1 More 18 USC 371 - Conspiracy to commit offense or to defraud US 436 3 5 5 5 3 More 18 USC 1029 - Fraud and related activity - access devices 414 4 2 6 6 4 More 18 USC 1349 - Mail Fraud - Attempt and Conspiracy 400 5 6 4 15 - More 18 USC 641 - Public money, property or records 307 6 4 9 7 14 More 18 USC 1028 - Fraud and related activity - id documents 289 7 8 8 3 24 More 18 USC 1347 - Health Care Fraud 287 8 9 10 8 143 More 18 USC 1028A - Aggravated Identity Theft 253 9 10 7 19 - More 18 USC 1341 - Mail Fraud - Frauds and swindles 243 10 7 3 2 2 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. Title 18 U.S.C Section 1343 was ranked 1st a year ago, while it was the 1st most frequently invoked five years ago. It was ranked 4th ten years ago and 5th twenty years ago.
Ranked 2nd in frequency was the lead charge "Bank Fraud" under Title 18 U.S.C Section 1344. Title 18 U.S.C Section 1344 was ranked 3rd a year ago, while it was the 2nd most frequently invoked five years ago. It was ranked 1st ten years ago and 1st twenty years ago.
Ranked 3rd was "Conspiracy to commit offense or to defraud US" under Title 18 U.S.C Section 371. Title 18 U.S.C Section 371 was ranked 5th a year ago, while it was the 5th most frequently invoked five years ago. It was ranked 5th ten years ago and 3rd twenty years ago.
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down -36 percent—was "Mail Fraud - Frauds and swindles " (Title 18 U.S.C Section 1341 ). This was the same statute that had the largest decrease—-66%—when compared with five years ago.
Top Ranked Judicial Districts
During FY 2016 the Justice Department said the government obtained 19.5 white collar crime prosecutions for every one million people in the United States. White Collar Crime prosecutions for one million people in the United States during FY 2017 were 18.1 . Understandably, there is great variation in the per capita number of white collar crime prosecutions in each of the nation's ninety-four federal judicial districts
Judicial District Percapita Count Rank 1yr ago 5yrs ago 10yrs ago 20yrs ago N. Y., S 78 407 1 1 6 3 3 More Mo, E 68 198 2 4 9 8 18 More Fla, S 63 458 3 2 2 4 21 More W Virg, N 44 41 4 9 11 18 78 More Tenn, W 42 66 5 17 17 13 17 More D. C. 35 24 6 3 29 5 1 More S Car 33 163 7 13 15 11 10 More Alaska 31 22 8 39 83 26 13 More La, M 30 25 9 10 24 1 24 More N. Y., W 29 81 10 15 8 25 15 More
Table 3: Top 10 districts (per one million people)
The Southern District of New York (Manhattan)—with 77.55 prosecutions as compared with 18.1 prosecutions per one million people in the United States—was the most active through September 2017. The Southern District of New York (Manhattan) was ranked 1st a year ago, while it was ranked 6th five years ago. The district's position ten years ago was 3rd as well as twenty years ago.
The Eastern District of Missouri (St. Louis) ranked 2nd. The Eastern District of Missouri (St. Louis) was ranked 4th a year ago, while it was ranked 9th five years ago. The district's position ten years ago was 8th and 18th twenty years ago.
The Southern District of Florida (Miami) now ranks 3rd. The Southern District of Florida (Miami) was ranked 2nd a year ago as well as five years ago. The district's position ten years ago was 4th and 21st twenty years ago.
Recent entries to the top 10 list were South Carolina, Western District of New York (Buffalo), Western District of Tennessee (Memphis) and Alaska, now ranked 7th, 10th, 5th and 8th. These districts ranked 13th, 15th, 17th and 39th one year ago and 15th, 8th, 17th and 83rd five years ago.
Compared to 10 years ago, South Carolina, Western District of Tennessee (Memphis), Northern District of West Virginia (Wheeling), Western District of New York (Buffalo) and Alaska now ranked in the top 10 did not appear in the top ten.
And compared to 20 years ago, Alaska, Western District of New York (Buffalo), Western District of Tennessee (Memphis), Eastern District of Missouri (St. Louis), Southern District of Florida (Miami), Middle District of Louisiana (Baton Rouge) and Northern District of West Virginia (Wheeling) were not sufficiently active to then make the top 10.
The federal judicial district which showed the greatest growth in the rate of white collar crime prosecutions compared to one year ago—69.2 percent—was Western District of Tennessee (Memphis). Compared to five years ago, the district with the largest growth—141 percent—was Alaska .
In the last year, the judicial District Court recording the largest drop in the rate of white collar crime prosecutions—51.0 percent—was Washington, D.C. (Washington).
Report Generated: January 3, 2018
