Prosecutions for 2020
Number Year-to-date 82,868 Percent Change from previous year -22.9 Percent Change from 5 years ago 0.6 Percent Change from 10 years ago -14.1 Percent Change from 20 years ago 60.1
Table 1: Criminal ProsecutionsThe latest available data from the Justice Department show that during the first seven months of FY 2020 the government reported 82,868 new prosecutions. If this activity continues at the same pace, the annual total of prosecutions will be 142,059 for this fiscal year. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this estimate is down 22.9% over the past fiscal year when the number of prosecutions totaled 184,274.
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 five years ago when there were 141,220, the estimate of FY 2020 prosecutions of this type is up 0.6 percent. Prosecutions over the past year are still 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 165,346 reported in 2010 but up 60.1 percent from the level of 88,755 reported in 2000.
The long term trend in prosecutions for these matters going back to FY 2000 is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of prosecutions of this type recorded each fiscal year. Projected figures for the current fiscal year are shown. 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 Areas
Cases were classified by prosecutors into more specific types. The single largest number of prosecutions of these matters through April 2020 was for "Immigration", accounting for 59.2 percent of prosecutions.
The second largest number of matters were Prosecutions filed under the program area of "Narcotics/Drugs " (13.7%) . The "Other" category in Figure 2 is comprised of a diverse group of programs. The largest specific programs within the "Other" category were: Weapons" (6.7%), "White Collar Crime" (3.1%).
[The Department of Justice is withholding the program area for 6.3% 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.]
Leading Investigative Agencies
The lead investigative agency for prosecutions through April 2020 was "Homeland Security - Customs and Border Protection" accounting for 53.2 percent of prosecutions referred.
As shown in Figure 3, additional agencies with substantial numbers of referrals were: Homeland Security - Immigration and Customs Enforcement (9.7%), "Justice - Federal Bureau of Investigation" (8.5%), "Justice - Drug Enforcement Administration" (7.6%), "Justice - Alcohol, Tobacco, Firearms, and Explosives (formerly Treasury)" (6.4%). The "Other" category in Figure 3 is comprised of a diverse group of agencies. The agencies with substantial numbers of within the "Other" category were: Homeland Security - Other" (2%).
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during the first seven months of FY 2020.
Note: There were an additional 468 other lead charges which were not individually ranked. See latest monthly report if you want all lead charges included in rankings for the latest month, or use TRACFED criminal analyzer tool for complete listing for any year.
Lead Charge Count Rank 1 yr ago 5 yrs ago 10 yrs ago 20 yrs ago 08 USC 1326 - Reentry of deported alien 22,723 1 2 2 2 3 More 08 USC 1325 - Entry of alien at improper time or place; etc. 21,688 2 1 1 1 5 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 5,788 3 3 3 3 1 More 18 USC 922 - Firearms; Unlawful acts 4,808 4 4 5 5 4 More 08 USC 1324 - Bringing in and harboring certain aliens 3,821 5 6 6 7 7 More 21 USC 846 - Attempt and conspiracy 3,529 6 5 4 4 2 More Other US Code Section 1,404 7 7 8 48 37 More 21 USC 952 - Importation of controlled substances 1,333 8 8 11 10 8 More Federal Regulation 690 9 9 7 8 34 More 18 USC 1343 - Fraud by wire, radio, or television 574 10 10 14 19 19 More
Table 2: Top charges filed
"Reentry of deported alien" (Title 8 U.S.C Section 1326) was the most frequent recorded lead charge. Title 8 U.S.C Section 1326 was ranked 2nd a year ago, while it was the 2nd most frequently invoked five years ago. It was ranked 2nd ten years ago and 3rd twenty years ago.
Ranked 2nd in frequency was the lead charge "Entry of alien at improper time or place; etc." under Title 8 U.S.C Section 1325. Title 8 U.S.C Section 1325 was ranked 1st a year ago, while it was the 1st most frequently invoked five years ago. It was ranked 1st ten years ago and 5th twenty years ago.
Ranked 3rd was "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841. Title 21 U.S.C Section 841 was ranked 3rd a year ago, while it was the 3rd most frequently invoked five years ago. It was ranked 3rd ten years ago and 1st twenty years ago.
Again among the top ten lead charges, the one showing the sharpest projected decline in prosecutions compared to one year ago—down -47 percent—was "Entry of alien at improper time or place; etc. " (Title 8 U.S.C Section 1325 ). This was the same statute that had the largest projected decrease—-52%—when compared with five years ago.
Top Ranked Judicial Districts
During FY 2019 the Justice Department said the government obtained 563.2 prosecutions for every one million people in the United States. If pace during the first seven months of FY 2020 continues at the same rate, prosecutions for one million people in the United States this year will be 434.2 . Understandably, there is great variation in the per capita number of 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 Mexico 3,774 4,613 1 1 5 2 3 More Arizona 3,723 15,576 2 2 1 1 6 More Cal, S 3,031 6,232 3 3 6 6 1 More Texas, S 2,639 15,174 4 4 2 4 7 More Texas, W 2,368 10,148 5 5 4 3 2 More D. C. 754 309 6 6 18 7 4 More Wyoming 727 245 7 8 3 5 9 More S Dakota 654 331 8 7 9 11 8 More Virg, E 497 1,832 9 9 10 8 5 More Ark, E 443 424 10 10 25 39 53 More
Table 3: Top 10 districts (per one million people)
The District of New Mexico—with 3,773.93 prosecutions as compared with 434.2 prosecutions per one million people in the United States—was the most active through April 2020. The District of New Mexico was ranked 1st a year ago, while it was ranked 5th five years ago. The district's position ten years ago was 2nd and 3rd twenty years ago.
The District of Arizona ranked 2nd. The District of Arizona was ranked 2nd a year ago, while it was ranked 1st five years ago. The district's position ten years ago was 1st and 6th twenty years ago.
The Southern District of California (San Diego) now ranks 3rd. The Southern District of California (San Diego) was ranked 3rd a year ago, while it was ranked 6th five years ago. The district's position ten years ago was 6th and 1st twenty years ago.
Compared to 10 years ago, South Dakota and Eastern District of Arkansas (Little Rock) now ranked in the top 10 did not appear in the top ten.
And compared to 20 years ago, Eastern District of Arkansas (Little Rock) was not sufficiently active to then make the top 10.
The federal judicial district which showed the greatest projected growth in the rate of prosecutions compared to one year ago—10.8 percent—was Wyoming. Compared to five years ago, the district with the largest projected growth—111 percent—was Washington, D.C. (Washington) .
In the last year, the judicial District Court recording the largest projected drop in the rate of prosecutions—37.2 percent—was Southern District of Texas (Houston).
Report Generated: June 2, 2020
