U. S. Department of Justice
Executive Office for United States Attorneys
United States Attorneys’
Annual Statistical Report
Fiscal Year 2004
UNITED STATES ATTORNEYS’
ANNUAL STATISTICAL REPORT
FISCAL YEAR 2004
The United States Attorney
is the representative not of an ordinary party to a controversy,
but of a sovereignty whose obligation to govern impartially is
as compelling as its obligation to govern at all;
and whose interest, therefore, in a criminal prosecution is not that
it shall win a case, but that justice shall be done.
As such, he is in a peculiar and very definite sense the
servant of the law, the twofold aim of which
is that guilt shall not escape or innocence suffer.
He may prosecute with earnestness and vigor -- indeed, he should do so.
But, while he may strike hard blows,
he is not at liberty to strike foul ones.
It is as much his duty to refrain from improper methods
calculated to produce a wrongful conviction as it is to
use every legitimate means to bring about a just one.
Quoted from the Statement of Mr. Justice Sutherland in
Berger v. United States, 295 U. S. 88 ( 1935)
U. S. Department of Justice
Executive Office for United States Attorneys
Office of the Director Washington, DC 20530
MESSAGE FROM THE DIRECTOR
It is my pleasure to present to you the United States Attorneys’ Annual Statistical Report for Fiscal
Year 2004. The report is made up of narrative information describing the United States Attorneys’
programs and initiatives over the past year. The report also contains summaries of some of the most
interesting and important cases that were handled during Fiscal Year 2004, and statistical tables displaying
both national and district caseload data. As in Fiscal Year 2003, we have produced the report to mirror
priority areas identified in the Department of Justice’s Strategic Plan and Performance Report. These
priorities represent just some of the many important areas of criminal prosecution and civil litigation
handled by the United States Attorneys. The work of enforcing our federal laws and keeping our nation
safe is more important than ever in the wake of September 11, 2001. The women and men of the United
States Attorneys’ offices are committed to enforcing these laws and representing the interests of the United
States.
The United States Attorneys, under the direction of the Attorney General, are responsible for
investigating and prosecuting those who violate our nation’s laws, for asserting and defending the interests
of the United States, its departments, and agencies through the conduct of civil litigation, and for
representing the United States in its appellate courts. The United States Attorneys, appointed to serve in
the 94 federal judicial districts throughout the United States, Puerto Rico, the Virgin Islands, and Guam
and the Northern Mariana Islands ( which share a single United States Attorney), are charged with carrying
out these prosecution, litigation, and appellate responsibilities within their respective districts. The United
States Attorneys direct and supervise the work of the Assistant United States Attorneys and support
personnel located in each district’s headquarters office and, as needed, in staffed branch offices. The
United States Attorney system nationwide consisted of 94 headquarters offices and 128 staffed branch
offices, as of the end of Fiscal Year 2004.
The United States Attorneys’ offices conduct a majority of the criminal prosecutions and civil
litigation handled by the Department of Justice. The offices investigate and prosecute a wide range of
criminal activities, including domestic and international terrorism, organized drug trafficking and firearms
crimes, and white collar crime and regulatory offenses. In the civil arena, the United States Attorneys’
offices defend federal government agencies, such as in tort suits brought by those who allege suffering as
a result of government actions, or alleged medical malpractice by federal employees. The United States
Attorneys also initiate civil cases against individuals or businesses to enforce the law, such as in civil
health care fraud cases, or to represent the government’s interests, such as in bankruptcy actions.
FISCAL YEAR 2004 STATISTICAL HIGHLIGHTS
OVERALL CRIMINAL PROSECUTIONS
• 61,443 cases filed against 83,594 defendants– case filings up 2 percent
• 56,473 cases against 76,465 defendants terminated– virtually no change from previous year
• 69,326 defendants convicted
• 91 percent conviction rate
• 83 percent of convicted defendants sentenced to prison
• 51 percent of prison sentences greater than 3 years
• 30 percent of prison sentences greater than 5 years
VIOLENT CRIME
• 11,492 cases filed against 13,387 defendants– case filings down 4 percent
• 10,331 cases against 12,005 defendants terminated– case terminations up 2 percent
• 10,718 defendants convicted
• 89 percent conviction rate
• 92 percent of convicted defendants sentenced to prison
• 69 percent of prison sentences greater than 3 years
• 45 percent of prison sentences greater than 5 years
OVERALL NARCOTICS
• 16,220 cases filed against 29,606 defendants– case filings down 2 percent
• { 16,322 cases filed against 29,763 defendants– case filings down 5
percent– when drug cases included under the Government
Regulatory/ Money Laundering Program Category are included}
• 15,471 cases against 27,865 defendants terminated– case terminations down 3
percent
• 25,329 defendants convicted
• 91 percent conviction rate
• 92 percent of convicted defendants sentenced to prison
• 70 percent of prison sentences greater than 3 years
• 46 percent of prison sentences greater than 5 years
OCDETF
• 2,365 cases filed against 7,426 defendants– case filings down 3 percent
• 2,673 cases against 7,983 defendants terminated– case terminations down
8 percent
• 7,041 defendants convicted
• 88 percent conviction rate
• 91 percent of convicted defendants sentenced to prison
• 80 percent of prison sentences greater than 3 years
• 57 percent of prison sentences greater than 5 years
NON- OCDETF
• 13,855 cases filed against 22,180 defendants– case filings down 2 percent
• { 13,957 cases filed against 22,337 defendants– case filings down 5
percent– when drug cases included under the Government
Regulatory/ Money Laundering Program Category are included}
• 12,798 cases against 19,882 defendants terminated– case terminations down
2 percent
• 18,288 defendants convicted
• 92 percent conviction rate
• 93 percent of convicted defendants sentenced to prison
• 66 percent of prison sentences greater than 3 years
• 41 percent of prison sentences greater than 5 years
IMMIGRATION
• 18,164 cases filed against 19,493 defendants– case filings up 9 percent
• 15,663 cases against 16,657 defendants terminated– case terminations down 2
percent
• 15,847 defendants convicted
• 95 percent conviction rate
• 87 percent of convicted defendants sentenced to prison
• 24 percent of prison sentences greater than 3 years
• 6 percent of prison sentences greater than 5 years
ORGANIZED CRIME
• 236 cases filed against 685 defendants– case filings up 60 percent
• 185 cases against 448 defendants terminated– case terminations up 38 percent
• 393 defendants convicted
• 88 percent conviction rate
• 65 percent of convicted defendants sentenced to prison
• 46 percent of prison sentences greater than 3 years
• 27 percent of prison sentences greater than 5 years
OFFICIAL CORRUPTION
• 514 cases filed against 761 defendants– case filings up 13 percent
• 425 cases against 632 defendants terminated– case terminations down 5 percent
• 561 defendants convicted
• 89 percent conviction rate
• 52 percent of convicted defendants sentenced to prison
• 22 percent of prison sentences greater than 3 years
• 11 percent of prison sentences greater than 5 years
WHITE COLLAR CRIME
• 5,799 cases filed against 8,437 defendants– case filings down 6 percent
• 5,821 cases against 8,222 defendants terminated– case terminations down 1 percent
• 7,385 defendants convicted
• 90 percent conviction rate
• 59 percent of convicted defendants sentenced to prison
• 22 percent of prison sentences greater than 3 years
• 7 percent of prison sentences greater than 5 years
ASSET FORFEITURE LITIGATION
C Asset forfeiture counts filed in 3,785 criminal cases– up 9 percent
C A total of 2,235 civil asset forfeiture actions filed– up 4 percent
C Estimated recoveries of $ 390,450,466 in forfeited cash and property– up 14 percent
OVERALL CIVIL LITIGATION
• 77,803 cases filed or responded to– down 5 percent
• 76,949 cases terminated– case terminations up 2 percent
• 23,214 judgments, or 75 percent, were in favor of the United States
• 16,309 settlements– 21 percent of all cases terminated
AFFIRMATIVE CIVIL LITIGATION
• 7,514 cases filed– case filings down 16 percent
• 7,594 cases terminated– case terminations down 11 percent
• 4,321 judgments, or 98 percent, were in favor of the United States
• 1,092 settlements– 14 percent of all cases terminated
AFFIRMATIVE CIVIL ENFORCEMENT
• 1,823 cases filed– case filings down 4 percent
• 1,619 cases terminated– case terminations down 13 percent
• 399 judgments, or 91 percent, were in favor of the United States
• 433 settlements– 27 percent of all cases terminated
• $ 1.54 billion recovered
DEFENSIVE CIVIL LITIGATION
• 51,882 cases responded to– down 4 percent
• 50,920 cases terminated– case terminations up 4 percent
• 17,870 judgments, or 70 percent, were in favor of the United States
• 2,652 settlements– 5 percent of all cases terminated
CIVIL LITIGATION WHERE THE UNITED STATES IS OTHERWISE DESIGNATED
• 18,407 cases filed or responded to– down 2 percent
• 18,435 cases terminated– up 4 percent
• 1,023 judgments, or 91 percent, were in favor of the United States
• 12,565 settlements– 68 percent of all cases terminated
CRIMINAL AND CIVIL APPEALS
• 13,152 appeals filed– down 6 percent
• 8,928 criminal appeals filed– down 5 percent
• 4,224 civil appeals filed– down 8 percent
• 86 percent of all criminal appeals terminated in favor of the United States
• 78 percent of all civil appeals terminated in favor of the United States
• 5,565 post- sentencing motions filed by incarcerated defendants– virtually no change from
previous year
TABLE OF CONTENTS
Page
Number
Message from the Director
Fiscal Year 2004 Statistical Highlights
Table of Contents
Index to Graphical Charts in the Narrative
I. Overview of the United States Attorneys’ Offices 1
Mission and Organization 1
Sound Management 2
Integrity and Professionalism 2
Human Resources 2
Staffing 2
Training 4
II. Criminal Prosecutions 6
United States District Court 6
United States Magistrate Court 15
District of Columbia Superior Court 17
Fiscal Year 2004 Strategic Goals 19
Terrorism 19
Firearms 20
Narcotics Prosecutions 22
OCDETF 23
Non- OCDETF Drugs 25
Corporate Fraud 26
Civil Rights Prosecutions 28
Trafficking in Persons 28
Bias Motivated Crimes 29
Official Misconduct 30
III. Asset Forfeiture Litigation 32
IV. Civil Litigation 36
Affirmative Civil Litigation 42
Affirmative Civil Enforcement 42
Bankruptcy 44
Defensive Civil Litigation 45
V. Criminal and Civil Appeals 48
Criminal Appeals 48
Post- Sentencing Motions 49
Civil Appeals 51
Page
Number
VI. Conclusion 52
VII. Detailed Statistical Tables 53
INDEX TO GRAPHICAL CHARTS IN THE NARRATIVE
Chart Page
Number Number
Overview Charts
1 Full Time Equivalent ( FTE) Personnel 3
2 Court Related Attorney Work Hours 4
Criminal Charts
1 Criminal Matters Received 7
2 Criminal Matters Declined 7
3 Proceedings Before Grand Jury 8
4 Criminal Cases Filed 9
5 Criminal Cases and Defendants Terminated 9
6 Criminal Defendants Disposed of by Trial 10
7 Conviction Rate 10
8 Percentage of Guilty Defendants Sentenced to Prison 11
9 Length of Sentences for Defendants Sentenced to Prison 11
10 Criminal Cases and Defendants Pending 12
11 Age of Pending Criminal Cases 12
12 Criminal Cases Filed by Program Category 13
13 Criminal Cases Pending by Program Category 14
14 Criminal Defendants Filed in U. S. Magistrate Court 15
15 Criminal Defendants Terminated in U. S. Magistrate Court 16
16 Criminal Defendants Disposed of by Trial in U. S. Magistrate Court 16
Asset Forfeiture Charts
1 Criminal and Civil Judgments in Favor of the United States 33
2 Criminal and Civil Asset Forfeiture Collections 34
Civil Charts
1 Civil Matters Received 36
2 Civil Cases Filed or Responded to 37
3 Civil Cases Terminated 38
4 Civil Cases Disposed of by Trial 38
5 Civil Cases Pending 39
6 Age of Pending Civil Cases 39
7 Civil Cases Filed or Responded to by Cause of Action 40
8 Civil Cases Pending by Cause of Action 41
Appeals Charts
1 Criminal Appeals Filed by or Against the United States 48
2 Criminal Appeals Filed by Program Category 49
3 Post- Sentencing Motions Filed by Incarcerated Defendants 50
4 Civil Appeals Filed by or Against the United States 51
United States Attorneys 1
I. OVERVIEW OF THE UNITED STATES ATTORNEYS’ OFFICES
Mission and Organization
The United States Attorneys serve as the nation’s principal litigators. There are 93 United States
Attorneys located throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern
Mariana Islands. The United States Attorneys are appointed by, and serve at the discretion of, the
President of the United States, with the advice and consent of the United States Senate. They report to
the Attorney General, through the Deputy Attorney General. One United States Attorney is appointed
to serve in each of the 94 federal judicial districts, with the exception of Guam and the Northern Mariana
Islands, where a single United States Attorney serves in both districts. Each United States Attorney
serves as the chief federal law enforcement officer within his or her judicial district.
The United States Attorneys are responsible for:
< the prosecution of criminal cases brought by the federal government;
< the litigation and defense of civil cases in which the United States is a party;
< the handling of criminal and civil appellate cases before the United States
Courts of Appeals; and
< the collection of debts owed the federal government which are administratively
uncollectible.
As in the previous year, the United States Attorneys’ top priority in Fiscal Year 2004 was the
disruption and prevention of terrorist acts, and the prosecution of those involved in terrorism or the
support of terrorism. The United States Attorneys also focused their attention on additional areas
identified in the Department’s Strategic Plan, including sound management, drug trafficking, firearms
enforcement, corporate fraud, and civil rights.
The United States Attorneys also carry out the important role of liaison with federal, state, and
local law enforcement officers, and with members of the community on various crime reduction
programs.
The Executive Office for United States Attorneys provides the United States Attorneys with
assistance in all areas of administration. The mission of the Executive Office for United States Attorneys
is to provide the 93 United States Attorneys with:
< general executive assistance and direction;
< policy development;
< administrative management direction and oversight;
2 2004 Annual Statistical Report
< operational support; and
< coordination with other components of the Department and other federal agencies.
These responsibilities include certain legal, budgetary, administrative, and personnel services, as well
as continuing legal education.
Sound Management
Ensuring professionalism, excellence, accountability, and integrity in the management and
conduct of programs was a strategic goal of the Department for Fiscal Year 2004. The Executive Office
for United States Attorneys worked diligently with the United States Attorneys during the fiscal year to
implement management initiatives with this strategic goal in mind, while also introducing and
maintaining sound management practices to aid in accomplishing the Department’s mission.
Integrity and Professionalism
The Executive Office for United States Attorneys is responsible for the coordination,
development and maintenance of policy and procedural guidance relevant to the work of the United
States Attorneys’ offices. In Fiscal Year 2004, the Executive Office for United States Attorneys
continued to work with the Attorney General’s Advisory Committee of United States Attorneys and the
Administrative Officers Working Group to ensure compliance with a strong internal controls program.
The Executive Office for United States Attorneys also kept internal control materials accessible using
available information technology resources, which provided employees easy access to the information
to assist them in performing their duties.
Human Resources
Staffing
The United States Attorneys’ offices varied in size during Fiscal Year 2004 from 11.64 Assistant
United States Attorney positions allocated in the District of Guam to 357.48 in the District of Columbia.
In the District of Columbia, the United States Attorney’s office also bears responsibility for the
prosecution of local crimes in the District of Columbia Superior Court. The staffing levels in the United
States Attorneys’ offices nationwide equaled 5,412 full time equivalent ( FTE) attorneys and 5,619 FTE
support employees. See Overview Chart 1 below. During Fiscal Year 2004, United States Attorneys
appropriation supported existing personnel only.
United States Attorneys 3
Assistant United States Attorneys constituted 58 percent of all Department attorneys and about
68 percent of those Department attorneys with prosecution or litigation responsibilities. Most new
Assistant United States Attorneys have prior litigation experience with a prosecuting attorney’s office,
a law firm, or another government agency. In addition to their prior legal experience, Assistant United
States Attorneys nationwide have an average of 11 years of experience in United States Attorneys’
offices.
While the civil caseload is larger numerically, about 78 percent of attorney personnel were
devoted to criminal prosecutions and 22 percent to civil litigation during Fiscal Year 2004. Ninety- four
percent of all attorney work hours spent in United States District Courts were devoted to criminal
prosecutions and 6 percent to civil litigation. See Table 9.
During Fiscal Year 2004, a total of 924,321 attorney work hours were devoted to court- related
activity. This represented a decrease of 10,036, or 1 percent, in the number of court- related work hours
when compared to Fiscal Year 2003. See Overview Chart 2 below, and Table 9. Increases were seen
in United States District Courts for criminal work hours in Fiscal Year 2004. The number of work hours
devoted to United States Magistrate Courts increased as well, again reflecting the increased workload
handled in United States Magistrate Courts over the past several years.
Of the total court- related work hours, Assistant United States Attorneys spent 504,829 hours, or
55 percent, of their time in court. Sixty- five percent of their time in court was spent on criminal cases
in United States District Courts, 22 percent in United States Magistrate Courts, 4 percent on civil cases
in United States District Courts, and 6 percent on special hearings. The remaining 3 percent of the time
was spent in the United States Courts of Appeals, United States Bankruptcy Courts, and in state courts.
Of the other 419,492, or 45 percent, of the work hours, 13 percent was spent on grand jury proceedings,
21 percent on court- related travel time, and 66 percent on witness preparation.
4 2004 Annual Statistical Report
Training
The Office of Legal Education ( OLE) of the Executive Office for United States Attorneys, in
cooperation with the National District Attorneys Association ( NDAA) and the Executive Office for
United States Trustees ( EOUST), conducts courses and seminars at the National Advocacy Center
( NAC). During the fiscal year, OLE conducted training for 17,557 people. Of those 17,557 people,
7,679 were trained live in Columbia, South Carolina, 4,448 were trained in courses held by OLE outside
of Columbia, South Carolina, and 5,430 were trained around the country in United States Attorneys’
offices and Department of Justice offices co- sponsored by OLE. Approximately 14,175 of the students
attending OLE’s 348 courses were Department of Justice employees, while the remaining 3,382 were
employees in legal positions within various departments of the government. In addition to OLE’s
students, NDAA and EOUST conducted 59 courses for another 3,168 students during the fiscal year.
Nearly 3,992 of the students receiving OLE training at the NAC in Fiscal Year 2004 attended
courses in the topical areas covered in the 2004 Performance Report. Those courses were as follows:
Anti- Terrorism 2 courses 190 Participants
Gun Violence Reduction 4 courses 1145 Participants*
Drug Enforcement 10 courses 1336 Participants**
Civil Rights Enforcement 3 courses 268 Participants
Corporate Fraud 4 courses 219 Participants
Sound Management 16 courses 834 Participants
* 951 of these students attended the Project Safe Neighborhoods Conference in Kansas City, MO.
** 843 of these students attended the OCDETF/ Asset Forfeiture National Conference in Washington, DC.
United States Attorneys 5
The schedule of courses is determined according to annual prosecutive priorities and the
maintenance of sound management. These courses are conducted for Assistant United States Attorneys
and legal support personnel in United States Attorneys’ offices and the Department of Justice, as well
as legal personnel in other federal agencies.
The Justice Television Network ( JTN) continued to expand the variety of subject matter
broadcast during Fiscal Year 2004, supplementing the on- site training and providing a training
alternative for cancelled courses. JTN provided taped and live broadcasts of on- site training an average
of 24 hours per week for viewers who were unable to attend live classes. JTN had an enormously
productive fiscal year. Total programming for the year was 2,099 hours, which consisted of 1,695
different program offerings. Of these programs, 493 were new, having never been aired on JTN. These
new programs included 63 live shows, 25 of which offered Continuing Legal Education credits. During
the fiscal year, 424.2 hours of broadcasting were dedicated to the Department’s Strategic Goals: Anti-
Terrorism ( 147.75), Gun Violence Reduction ( 9.5 hours), Drug Enforcement ( 112.25 hours), Civil
Rights Enforcement ( 17.5 hours), Corporate Fraud ( 7.75 hours), and Sound Management ( 129.45).
OLE continues to find creative ways to fulfill its mission to provide the best possible training to
its students in all potential learning environments. With the addition of two fully automated computer
labs and a high- technology courtroom located in the Information Technology Center, OLE is better able
to provide training in the emerging areas of cybercrime, internet fraud, international telemarketing, and
courtroom technology. For those who are unable to travel to the NAC, OLE continues to increase
distance education offerings through the development of its comprehensive Learning Management
System ( LMS). In addition to IPTV, which brings JTN to the desktop of every networked personal
computer user in the United States Attorneys’ offices, OLE now provides access to Justice Virtual
University ( JVU). JVU allows all United States Attorney office employees to view courses on the
Internet 24 hours a day, 7 days a week. Additionally, work was completed on JUSTLearn, OLE’s
online registration system which will be deployed in the first quarter of Fiscal Year 2005. This system
will streamline and automate the manner in which OLE conducts business with its clients and will
enhance training by making OLE more responsive, more accessible, and more effective.
6 2004 Annual Statistical Report
II. CRIMINAL PROSECUTIONS
United States District Court
The United States Attorneys’ offices investigate and prosecute a wide range of criminal activities.
The United States Attorneys are called upon to respond to changing priorities, and to become involved in
specific crime reduction programs. Following the events of September 11, 2001, the number one priority
of the United States Attorneys has been the prevention of terrorist acts, and the investigation and
prosecution of those involved in terrorist attacks. During Fiscal Year 2004, the United States Attorneys
also continued their longstanding commitment to address drug and violent crimes. Within the violent
crime category, the United States Attorneys addressed the continuing, illegal use of firearms by those who
commit crimes and accompanying acts of violence in our communities. Drug prosecutions continued as
well, with particular emphasis on the operations of large drug organizations. The Organized Crime Drug
Enforcement Task Forces focus on these groups, and made significant progress during Fiscal Year 2004.
Other special emphasis areas included civil rights violations and corporate fraud.
The United States Attorneys’ offices handle most of the criminal cases prosecuted by the
Department. The United States Attorneys receive most of their criminal referrals, or “ matters,” from
federal investigative agencies, including the Drug Enforcement Administration, the Federal Bureau of
Investigation, Immigration and Customs Enforcement, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, the United States Secret Service, and others. They may also receive criminal matters from
state and local investigative agencies or become aware of criminal activities in the course of investigating
or prosecuting other cases. Occasionally, criminal violations are reported to the United States Attorneys
by private citizens. After careful consideration of each criminal matter, the United States Attorney decides
whether criminal charges are appropriate and whether to initiate prosecution. Except for misdemeanor
offenses and instances in which an alleged offender waives the right to a grand jury indictment, the United
States Attorney presents evidence against an alleged offender to a grand jury. The grand jurors decide
whether to return an indictment. If an indictment is returned, the United States Attorney then presents the
criminal charges in open court at the arraignment of the defendant.
Although, historically, the majority of criminal defendants enter a plea of guilty prior to trial, the
United States Attorneys must always be prepared to go to trial. Consistent preparation for trial minimizes
the risk of dismissal for noncompliance with the Speedy Trial Act and strengthens the government’s
position in negotiations with defense counsel for a guilty plea. When a guilty plea is not obtainable, a trial
becomes necessary. The United States Attorney then presents factual evidence to demonstrate to the jury,
or the judge in a non- jury trial, the defendant’s guilt. If the defendant is convicted, the United States
Attorney defends the conviction at post- trial hearings and appeals. The United States Attorneys’ offices
handle most criminal appeals at the intermediate appellate level. After filing a brief, the United States
Attorney may be required to participate in oral argument before the United States Court of Appeals. If
there is a further appeal, the United States Attorney may be called upon to assist a Department litigating
division and the Solicitor General in preparing the case for review by the United States Supreme Court.
During Fiscal Year 2004, the United States Attorneys’ offices received 126,591 criminal matters,
an increase of 10,615, or 9 percent, in the number of criminal referrals received from law enforcement
United States Attorneys 7
agencies, when compared to the prior year. See Criminal Chart 1 below. Matters received includes
immediate declinations in addition to later declinations and filings initiated in any court.
The offices reviewed and immediately or later declined a total of 31,526 criminal matters during
the year. See Criminal Chart 2 below, and Tables 14 and 15. As reflected on Tables 14 and 15, the
reasons most commonly reported for the declination of these matters included weak or insufficient
evidence, lack of criminal intent, suspect to be prosecuted by another authority, agency request, minimal
federal interest, lack of resources, and no federal offense committed.
8 2004 Annual Statistical Report
As of the end of Fiscal Year 2004, a total of 72,742 criminal matters were pending, an increase of
1,362, or 2 percent, when compared to the prior year. Of these, 8,620, or 12 percent, were matters where
the defendant was a fugitive, was in a Pre- trial Diversion Program, was in a mental institution, or was
unknown. See Table 10. Of all pending matters, 49,672, or 68 percent, had been pending for 24 months
or less, and 57,064, or 78 percent, for 36 months or less, as of the end of the fiscal year.
The grand jury, a body of 16 to 23 citizens, functions to determine whether there is probable cause
to believe that a person has committed a criminal offense. An Assistant United States Attorney’s
responsibility is to advise the grand jury on the law and to present evidence for the grand jury’s
consideration. The grand jurors decide whether to return an indictment. In instances where more
information is required, the grand jury can issue subpoenas in order to obtain additional evidence. The
United States Attorneys’ offices handled a total of 42,682 criminal matters during Fiscal Year 2004 in
which grand jury proceedings were conducted, an increase of 40, representing virtually no change over
the previous year. Criminal Chart 3 below reflects the number of matters in which grand jury proceedings
were conducted over the past 10 years.
During Fiscal Year 2004, the United States Attorneys’ offices filed 61,443 criminal cases against
83,594 defendants in United States District Courts. See Criminal Chart 4 below, and Table 1. This
represents a 2 percent increase in cases filed and a 2 percent increase in defendants filed when compared
with the prior year, and represents the highest number of cases filed in recent years. The largest increase
in the number of cases filed during Fiscal Year 2004 was in the immigration program category which
showed an increase of 1,543, or 10 percent, in the number of cases filed, when compared to the prior year.
See Criminal Chart 12 for a display of criminal cases filed by program category, or case type, for
Fiscal Years 2003 and 2004. Criminal Charts 4 through 12 do not include United States Magistrate Court
or appellate cases.
United States Attorneys 9
A total of 56,473 cases against 76,465 defendants were also terminated during Fiscal Year 2004,
representing virtually no change in the number of cases terminated, and a 1 percent increase in the number
of defendants terminated, when compared to the prior year. See Criminal Chart 5 below.
A total of 3,934, or 5 percent, of the terminated defendants were disposed of by trial. See Criminal
Chart 6 below, and Table 2.
10 2004 Annual Statistical Report
Of the 76,465 defendants terminated during Fiscal Year 2004, 69,326, or 91 percent, either pled
guilty or were found guilty. See Criminal Chart 7 below, and Table 3. The rate of conviction continues
to remain over 90 percent, as it has since Fiscal Year 2000.
United States Attorneys 11
During Fiscal Year 2004, a total of 66,110, or 95 percent, of all convicted defendants pled guilty
prior to or during trial. This represents no change in the percentage of convicted defendants who pled
guilty when compared to the prior year.
Of the 69,326 defendants who either pled guilty or were found guilty during the fiscal year, 57,503,
or 83 percent, received prison sentences. This represents the highest number and percentage of guilty
defendants to receive prison sentences over the past several years, and a notable increase over Fiscal Year
1995, when 73 percent of guilty defendants were sentenced to prison. The most notable increase in the
percentage of guilty defendants who were sentenced to prison occurred in the immigration program
category, which increased from 79 percent in Fiscal Year 1995 to 87 percent in Fiscal Year 2004. A total
of 217 guilty defendants received sentences of life in prison during Fiscal Year 2004. See Criminal Charts
8 and 9 below.
12 2004 Annual Statistical Report
As of the end of Fiscal Year 2004, 69,840 criminal cases against 103,509 defendants were pending.
This represents an increase of 10 percent in the number of cases pending and 9 percent in the number of
defendants pending, when compared to the prior year. See Criminal Chart 10 below, and Table 1.
Of the 69,840 pending criminal cases, 43,912, or 63 percent, had been pending for 24 months or
less, and 49,571, or 71 percent, had been pending for 36 months or less. See Table 11. In 23 percent of
pending cases the defendant was a fugitive, was in a mental institution, or was in a Pre- trial Diversion
Program. See Chart 11.
See Criminal Chart 13 below for a display of pending criminal cases by program category, or case
type, as of the end of Fiscal Years 2003 and 2004. Criminal Chart 13 does not include cases pending in
United States Magistrate Court or pending appellate cases.
United States Attorneys 13
14 2004 Annual Statistical Report
United States Attorneys 15
United States Magistrate Court
In addition to those criminal cases filed in the United States District Courts, the United States
Attorneys also handle a considerable criminal caseload which is filed in the United States Magistrate
Courts. Congress created the judicial office of Federal Magistrate in 1968. The United States District
Judges in each district appoint Magistrate judges, who discharge many of the ancillary duties of the United
States District Judges. The utilization of Magistrate judges varies from district to district in response to
local conditions and changing caseloads.
Magistrate judges are authorized by statute to perform a variety of judicial duties as assigned by
the United States District Courts, including misdemeanor trials, conducting preliminary hearings, and
entering rulings or recommended dispositions on pretrial motions. Spurred by the Civil Justice Reform
Act of 1990, expanding caseloads, and tightening fiscal constraints, the United States District Courts
continue to find new, innovative ways to use Magistrate judges. The flexibility of the Magistrate judge
system was further enhanced in 1996 by the Federal Courts Improvement Act which abolished, for certain
petty offenses, the requirement that defendants consent to adjudication by a Magistrate judge and allowed
defendants in other misdemeanor cases to give their consent orally. In order to meet the dictates of the
Speedy Trial Act, courts are referring an increasing number of motions, hearings, and conferences in
felony cases to Magistrate judges.
In addition to those cases filed and handled in United States District Courts, the United States
Attorneys filed criminal cases against an additional 35,157 defendants in United States Magistrate Courts
during Fiscal Year 2004. This represents an increase of 68 percent when compared to the prior year. See
Criminal Chart 14 below, and Table 1. A total of 31,048 defendants were also terminated during the year,
which represents an increase of 83 percent when compared with Fiscal Year 2003. See Criminal Chart
15 below. As of the end of Fiscal Year 2004, criminal cases against 21,514 defendants were pending in
United States Magistrate Courts, a decrease of less than 1 percent when compared with the number of
defendants pending at the end of Fiscal Year 2003. See Table 1. Petty offenses handled in United States
Magistrate Courts are not included in this data.
16 2004 Annual Statistical Report
Of the defendants terminated in United States Magistrate Courts during Fiscal Year 2004, 738, or
2 percent, were terminated after a court or jury trial. See Criminal Chart 16 below, and Table 2A. This
represents an increase of 71 defendants disposed of by trial, or 10 percent, when compared to the prior
year.
United States Attorneys 17
District of Columbia Superior Court
As noted earlier, the United States Attorney’s office for the District of Columbia also bears
responsibility for the prosecution of criminal cases in the District of Columbia Superior Court. The
Superior Court Division of the United States Attorney’s office handles the prosecution of criminal
violations of the District of Columbia Code committed by adults and juveniles charged as adults. The vast
majority of these cases are presented to the United States Attorney’s office as arrests by local agencies.
The Superior Court Division is comprised of 7 litigation sections: the Misdemeanor Trial Section; the
Community Prosecution/ Intake Section; the Grand Jury Section; the Felony Trial Section; the Sex
Offense/ Domestic Violence Section; the Major Crimes Section; and the Homicide Section.
While violent crime and weapon offenses continued to be the primary focus of the Superior Court
Division, the workload reflected cases brought as a result of a variety of initiatives including: Community
Prosecution, Project Safe Neighborhoods, Human Trafficking Initiative, Community Court, Drug Court,
and a number of domestic violence programs. Problem solving, rather than mere case processing, also
continued to be a goal. The high number of dismissals in misdemeanor cases reflected the growing trend
towards the use of alternative dispositions ( mediation, diversion, community service, etc.) in lower level,
quality of life offenses.
The following data details the Superior Court Division’s caseload during Fiscal Year 2004. This
data is not included in the other charts and tables contained in this report.
Arrests Reviewed Cases Presented
( Papered)
Cases Declined
( No- Papered)
Cases Terminated
Number
Percent of
Total Number
Percent of
Total
Presented
Number
Percent of
Total
Presented
Number
Percent of
Total
Presented
Felony 8,095 32.0% 6,502 80.3% 1,593 19.7% 5,604 69.2%
Misdemeanor 17,260 68.0% 13,580 78.7% 3,680 21.3% 9,690 56.1%
Total 25,355 100.0% 20,082 79.2% 5,273 20.8% 15,294 60.3%
Cases Disposed of by Jury Trials
Number of
Trials
Number
Guilty
Percent
Guilty
Number
Not Guilty
Percent
Not Guilty
Number of
Mistrials
Percent of
Mistrials
Felony 389 265 68.1% 118 30.3% 6 1.6%
Misdemeanor 24 9 37.5% 15 62.5% 0 0.0%
Total 413 274 66.3% 133 32.2% 6 1.5%
18 2004 Annual Statistical Report
Cases Disposed of by Court Trials
Number of
Trials
Number
Guilty
Percent
Guilty
Number
Not Guilty
Percent
Not Guilty
Number of
Mistrials
Percent of
Mistrials
Felony 93 72 77.4% 21 22.6% 0 0.0%
Misdemeanor 878 665 75.7% 213 24.3% 0 0.0%
Total 971 737 75.9% 234 24.1% 0 0.0%
Case Disposition
Number of
Guilty Pleas
Number of
Dismissals
Felony 3,643 1,816
Misdemeanor 5,215 6,616
Total 8,858 8,432
Convictions
Number of
Convictions
Conviction
Rate
Felony 3,979 71.0%
Misdemeanor 5,889 60.8%
Total 9,868 64.5%
United States Attorneys 19
Fiscal Year 2004 Strategic Goals
In carrying out their criminal prosecution responsibilities, the United States Attorneys are
guided by the law enforcement and special prosecution priorities of the Attorney General. These
areas are set forth in the Department’s Strategic Plan and Performance Report. The Fiscal Year
2004 prosecution priorities are addressed separately below.
Terrorism
The Anti- Terrorism Advisory Councils ( ATACs), formed shortly after September 11, 2001,
continue to further the Department’s three- pronged approach to protecting America from the threat
of terrorism by focusing on the prevention of terrorist acts, the investigation of threats and incidents,
and the prosecution of those accused of committing crimes by terrorist means. The ATACs remain
a valuable addition to the law enforcement community and have made great strides in furthering the
President’s war on terrorism and in forging relationships with state and local law enforcement. The
ATACs primary responsibilities are to coordinate anti- terrorism initiatives, initiate training
programs, and facilitate information sharing. The ATACs work in conjunction with the Joint
Terrorism Task Forces ( JTTFs), although the JTTFs retain primary operational responsibility for
terrorism investigations.
The ATACs held their annual training conference at the National Advocacy Center ( NAC)
in Columbia, South Carolina, in March 2004. The conference provided an opportunity for all 93
Anti- Terrorism Advisory Council Coordinators to come together to receive updated policy and
guidance information on terrorism matters, as well as share their own “ best practices” with one
another. Representatives from the Department’s Counter- Terrorism Section also participated in the
conference by assisting in the presentations and facilitating breakout groups for the ATAC Regions.
During Fiscal Year 2004, the United States Attorneys filed a total of 570 terrorism and anti-terrorism
cases against 725 defendants. This includes international and domestic terrorism,
terrorism- related financing, and terrorism- related hoaxes, as well as anti- terrorism cases, that is,
those cases brought to prevent or disrupt potential or actual terrorist threats where the offense
conduct is not obviously a federal crime of terrorism. A total of 504 cases against 643 defendants
were also terminated in Fiscal Year 2004.
Examples of successful terrorism or anti- terrorism prosecutions handled by the United States
Attorneys during Fiscal Year 2004 include the following:
In the District of Oregon, 2 defendants were sentenced to 18 years in prison
each, following guilty pleas to charges of seditious conspiracy. The defendants
conducted weapons training in Washington with other co- defendants and traveled to
China in a failed attempt to gain entry into Afghanistan to fight against the United
States. Four co- defendants also pled guilty to charges including money laundering,
conspiracy to contribute services to the Taliban, and federal weapons charges.
20 2004 Annual Statistical Report
In the Eastern District of Virginia, 4 defendants were charged, along with
others, for their involvement in activities under the leadership of a radical sheik in
northern Virginia in early 2000 who preached that it was their duty as Muslims to
train and prepare for violent jihad. The defendants maintained tight secrecy while
they engaged in weapons training, tactical military exercises, paintball games and
general conditioning. Six defendants pled guilty, including 2 who were sentenced
to 20 years and 15 years in prison, respectively. Then, 3 defendants were sentenced
to 8 years and 1 month in prison, 85 years in prison, and life in prison without the
possibility of parole, respectively. Three of the defendants had prior United States
military experience and used that experience to help train their co- conspirators in
military tactics. In a trial that began February 9, 2004, the defendants were charged
with conspiracy to violate the Neutrality Act, a number of weapons offenses, and in
one case, conspiracy to provide material support to al- Qaeda. The defendants
waived their right to a jury trial.
In the Eastern District of Virginia, a defendant was charged with prohibited
financial transactions with the Libyan government, money laundering, and failure to
report foreign bank accounts. The defendant, a naturalized United States citizen and
founder of the American Muslim Council, was arrested in September 2003 upon his
arrival in the United States from London. He was stopped in England in August 2003
with $ 340,000 in United States currency in his suitcase on his way to Syria. At the
time, he claimed that the funds were payment to him by the Libyan government for
his help in lifting United States sanctions, and that he planned to deposit the money
in a Saudi bank and bring it back to the United States in smaller increments so as to
avoid detection by United States law enforcement. The defendant pled guilty on July
30, 2004. As part of the plea agreement, the defendant stipulated to his involvement
in a Libyan plot to assassinate Crown Prince Abdallah of Saudi Arabia and to the
applicability of the terrorism enhancement of the United States Sentencing
Guidelines. The defendant was sentenced to 23 years in prison and fined $ 20,000.
Firearms
The United States Attorneys had successes in Fiscal Year 2004 consistent with the
Administration’s goal to reduce and eliminate firearms- related criminal conduct and violent crime.
On May 14, 2001, the President and the Attorney General, along with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives ( ATF), announced Project Safe Neighborhoods ( PSN):
America’s Network Against Gun Violence. PSN focuses on an invigorated enforcement effort that,
through new resources and tools, either builds to enhance or creates effective gun violence reduction
programs. PSN consists of 5 essential elements: partnership; strategic planning; training;
community outreach and public awareness; and accountability. United States Attorneys in each of
the federal judicial districts work side by side with local law enforcement and other officials to tailor
the PSN strategy to fit the unique gun crime problem in their district. Although programs may differ
among districts, the 5 essential elements are met through heightened coordination and increased
resources among federal, state, and local agencies to target gun crime.
United States Attorneys 21
During Fiscal Year 2004, PSN Task Forces and United States Attorneys’ offices across the
nation continued to vigorously enforce gun laws to prevent and deter gun crime. Their efforts
resulted in 12,962 defendants charged under 18 U. S. C. 922 or 924, and a Department record of
11,067 cases filed. When compared with the prior year, this represents a 5 percent increase in the
number of cases filed. The 12,962 defendants filed in Fiscal Year 2004 included not only those
charged in cases that were handled by the United States Attorneys’ offices as purely firearms cases,
but also defendants charged with firearms offenses in any other criminal case, such as narcotics
cases, organized crime cases, violent crime in Indian Country cases, or other violent crime cases
such as bank robberies.
Criminals convicted of violating gun laws continue to receive substantial punishment for
their crimes. During Fiscal Year 2004, 91 percent of all defendants who were terminated were
convicted, representing the highest conviction rate over the last several years. Of the convicted
defendants, 10,032, or 94 percent, were sentenced to prison. Of the defendants sentenced to prison,
7,317, or 73 percent, were sentenced to terms of 3 years or more in prison, and 5,140, or 51 percent,
were sentenced to terms of 5 or more years in prison, including 103 life sentences. Life sentences
increased 24 percent from the previous year and 61 percent over that of Fiscal Year 2002. This is
one indicator that the United States Attorneys and PSN Task Forces are appropriately prosecuting
extremely violent criminals.
Examples of successful firearms prosecutions handled by the United States Attorneys during
Fiscal Year 2004 include:
In the Middle District of Georgia, a 45 year old defendant robbed
approximately 10 Dollar General Stores covering 3 states in a 1 year period of time.
Each robbery involved the defendant wielding a semi- automatic pistol. Through the
exemplary use of PSN partnerships, various local law enforcement agencies
collaborated to identify the defendant, ATF agents completed affidavits to file the
case, and the United States Marshals Service located and arrested the defendant in
rural Mississippi. The defendant was in possession of the same gun used in the
robberies. The defendant pled guilty to charges in the Middle District of Georgia,
as well as transferred charges from the Northern District of Georgia, the Southern
District of Georgia, the Middle District of Alabama, and the Southern District
of Mississippi. The defendant was sentenced to a total of 44 years in prison, 32
years for the gun offenses and 12 years for the robberies.
In the Eastern District of Michigan, a 31 year old defendant was sentenced
to 16 years and 6 months in prison after pleading guilty to firearm and drug charges.
Detroit police officers observed the defendant standing on the north side of a
residence located in the City of Detroit. When officers exited the unmarked vehicle
and illuminated the defendant with a flashlight, they observed the defendant remove
a blue steel handgun from his waistband, drop it to the ground, and run into the
nearby house. After searching the defendant, officers recovered 27 small zip- lock
22 2004 Annual Statistical Report
bags each containing crack cocaine, totaling almost 5 grams. The firearm was a .380
caliber, semi- automatic handgun loaded with 6 live rounds.
In the District of Oregon, a defendant, an armed career criminal with 4
previous convictions for armed bank robbery, was sentenced to a 15- year mandatory
minimum sentence after pleading guilty to being a Felon in Possession of a Firearm.
The case arose out of a traffic stop where the defendant discarded a handgun from
the driver’s window as he was fleeing from police. The defendant’s estranged wife
identified the firearm as one she had been threatened with during a previous domestic
violence incident. The firearm was also identified as being stolen from the
defendant’s relative.
In the Northern District of Texas, the PSN program is credited with the
dismantling of a drug- dealing gang and the reduction of crime in a neighborhood
controlled by the defendants. Eighteen defendants were members of the UNC and
PGC street gangs that had a long history of working together to sell drugs on Cymbal
Drive in Dallas. The defendants developed Cymbal Drive into a street where an
individual could buy cocaine and the defendants used firearms to maintain control
of the street. Sixteen of the defendants were sentenced to terms ranging from 12
years to 30 years in prison, with only 2 defendants receiving sentences less than 12
years in prison. Following the incarceration of these defendants, the crime rate for
the Dallas Police Department patrol beat covering Cymbal Drive dropped by 60
percent.
Narcotics Prosecutions
To help achieve the Department’s strategic goal of enforcing federal criminal laws related
to drug enforcement, the United States Attorneys’ objectives are twofold. First, they seek to reduce
the threat, trafficking, and related violence of illegal drugs by identifying, disrupting, and
dismantling drug trafficking organizations. Second, they aim to break the cycle of drugs and
violence by reducing the demand for illegal drugs. Integral to this strategy is the Organized Crime
Drug Enforcement Task Force ( OCDETF) Program. Under this program, the efforts and expertise
of federal, state, and local law enforcement agencies are directed toward major drug traffickers and
their organizations, with disruption and dismantling of these organizations as their ultimate goal.
The Department’s drug strategy has placed increased emphasis upon conducting financial
investigations as an integral part of each OCDETF investigation, to eliminate the infrastructure of
drug organizations and to permanently remove the profits garnered by drug traffickers.
In 2002, the Administration, through the Office of National Drug Control Policy, established
a goal of reducing use of illegal drugs by 10 percent in 2 years and 25 percent in 5 years. This goal
is being achieved through the Department’s supply reduction efforts and through programs aimed
at prevention and treatment. During Fiscal Year 2004, each United States Attorney’s office took
an active role in working with federal, state, and local law enforcement officials to coordinate
demand
United States Attorneys 23
reduction efforts. Many offices were actively involved in planning these demand reduction
programs in support of a national demand reduction initiative.
During Fiscal Year 2004, the United States Attorneys filed 16,322 cases against 29,763 drug
defendants. This represents a 5 percent decrease in cases filed and a 3 percent decrease in the
number of defendants filed from Fiscal Year 2003. These cases included both OCDETF and non-
OCDETF drug cases as well as those drug cases classified under the Government Regulatory/ Money
Laundering program category. A total of 15,536 cases against 27,941 defendants were also
terminated. Ninety- one percent of the defendants who were terminated in Fiscal Year 2004 were
convicted. Of the convicted defendants, 92 percent were sentenced to prison.
OCDETF
The Attorney General’s Drug Enforcement Strategy refocused the Organized Crime Drug
Enforcement Task Force ( OCDETF) Program to identify, disrupt, and dismantle major drug supply
and money laundering organizations through coordinated, nationwide investigations targeting the
entire infrastructure of these enterprises. OCDETF combines the resources and expertise of its
member federal agencies - the Drug Enforcement Administration, Federal Bureau of Investigation,
Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Marshals, Internal Revenue
Service, United States Immigration and Customs Enforcement, and United States Coast Guard - with
United States Attorneys’ offices across the country, to investigate and prosecute these major drug
supply and money laundering organizations. Law enforcement has developed a priority targeting
strategy that identifies and targets organizations at all levels of the drug supply pyramid. The
international “ command and control” organizations - the “ most wanted” of the drug trade - are
identified on the multi- agency Consolidated Priority Organization Target ( CPOT) List. OCDETF
agencies have also identified various organizations which operate domestically and pose a major
threat to a particular region or regions of the United States. The OCDETF Program seeks to target
all drug trafficking and money laundering networks that are “ linked” to these international, national,
and regional priority targets and, thereby, to attack simultaneously all components of these
organizations nationwide.
During Fiscal Year 2004, the United States Attorneys filed 2,365 OCDETF cases against
7,426 defendants, representing a 5 percent decrease in cases filed and virtually no change in
defendants filed when compared with the prior year. This decline in case numbers was anticipated
again this year due to the OCDETF Program’s continued shift to focus resources on long- term, more
complex investigations of high- level organizations operating in multiple jurisdictions. In addition,
the United States Attorneys terminated 2,673 OCDETF cases against 7,983 defendants. A total of
7,041 defendants, or 88 percent of all terminated defendants, were convicted, with 91 percent of all
convicted defendants sentenced to prison. Fifty- seven percent of the defendants were sentenced to
prison for more than 5 years.
The following investigative activities during Fiscal Year 2004 reflect the OCDETF
Program’s commitment to disrupting and dismantling high- level drug supply and money laundering
organizations:
24 2004 Annual Statistical Report
Operation “ Busted Manatee” resulted in the unsealed indictment in the
Southern District of Florida of a CPOT target and 21 others in June 2004. The
indictment alleges that the organization imported large shipments of cocaine through
points in the Caribbean and distributed that cocaine in the Miami area and others,
since July 2000. A related indictment of 21 other defendants was a result of
Operation “ Double Talk.” That indictment, also unsealed in June 2004, alleges that
other defendants transported cocaine and marijuana via aircraft and boat into the
United States. According to the indictments, both organizations shipped multi- ton
quantities of illegal drugs into the United States. Operations “ Busted Manatee” and
“ Double Talk” are the final 2 multi- jurisdictional investigations comprising the
Caribbean Initiative, which strategically targeted these organizations, as well as other
Colombian North Coast cocaine organizations, by attacking the entire scope of their
alleged drug and money laundering operations, from the Colombian sources of
supply to the transportation cells in the Caribbean corridor to the distribution and
financial operations throughout the United States. These operations have resulted
in the seizure of 6,539 kilograms of cocaine, 2,665 pounds of marijuana, and more
than $ 25 million in United States currency and related assets. The CPOT defendant
is currently awaiting extradition.
Another CPOT target, the alleged head of the Colombian cocaine trafficking
organization based in Medellin, was indicted and extradited from Colombia in
September 2004. The extradition represents the culmination of Operation
“ Emboscada,” a historic joint investigation involving cooperation between the Drug
Enforcement Administration and the Colombian Government's Department of
Administrative Security. Worldwide, Operation “ Emboscada” has resulted in the
seizure of thousands of kilograms of cocaine and the prosecution of 21 individuals,
17 of whom were prosecuted in the Southern District of New York.
Numerous other OCDETF investigations resulted in successful prosecutions across the
country. Examples of these include the following:
In the District of Connecticut, an investigation of a drug distribution
network that supplied cocaine to members of the Savage Nomad street gang
concluded with a 20- count indictment against 15 individuals, 14 of whom pled guilty
by the end of September 2004. The investigation, “ Operation Close Trim,” included
federal wiretaps on 8 different telephones, months of surveillance, and numerous
purchases of cocaine. The investigation targeted the Savage Nomad street gang
which distributed cocaine in Connecticut and Massachusetts. Law enforcement
officials seized over 4 kilograms of cocaine, approximately one half of a kilogram
of crack cocaine, and over $ 74,000 in cash, as well as weapons and vehicles.
In the District of Idaho, a decade- long international investigation into the
smuggling of Southeast Asian marijuana ended with the sentencing of the last 2
defendants in March 2004. In all, 13 defendants have been sentenced and more than
$ 25 million in assets has been forfeited. The final 2 defendants were sentenced to
United States Attorneys 25
serve 4 years and 8 months and 3 years and 4 months in prison, respectively, and
ordered to forfeit more than $ 4 million in assets, including a yacht, various business
interests, bank accounts in Switzerland, Hong Kong, Liechtenstein and the United
States, and real property in Idaho. The 2 admitted being involved in drug trafficking
since the early 1970s, often using a yacht to bring large quantities of Thai marijuana
to the southern California coast for sale in the United States. The defendants also
admitted using shell corporations, numbered bank accounts, foundations and other
entities to launder large drug profits.
In the Southern District of Texas, a defendant received life in prison without
the possibility of parole, plus 40 years for drug trafficking, 5 years for firearms
offenses, and forfeiture of his residence for conspiracy to possess with intent to
distribute more than 1,000 kilograms of marijuana while serving as a Constable for
Cameron County. The defendant was tried with another defendant, who directed the
smuggling from Mexico, and 2 of his former deputies. The Constables’ office,
vehicles, and resources were used to transport, store, and ultimately distribute
marijuana smuggled across the Rio Grande River. At all times, the Constables were
in uniform, wearing weapons and using patrol units. Sensor activity indicating foot
traffic along the Rio Grande caused Border Patrol agents to set up surveillance and
observe a marked Precinct 7 Constable unit where they later found approximately
400 pounds of marijuana. One load transferred through the Constable’s
office/ residence was 150 kilograms of cocaine. The other defendants were also
convicted and sentenced to prison.
Non- OCDETF Drugs
In addition to OCDETF cases, the United States Attorneys also filed a total of 13,957 non-
OCDETF drug cases against 22,337 defendants during Fiscal Year 2004. This represents a 5 percent
decrease in cases filed and a 4 percent decrease in defendants filed when compared with the prior
year. A total of 12,863 non- OCDETF cases against 19,958 defendants were also terminated during
the year, representing a 4 percent increase in the number of defendants terminated when compared
to the prior year. Ninety- two percent of all terminated defendants were convicted, with 92 percent
of the convicted defendants sentenced to prison.
Examples of non- OCDETF drug cases successfully prosecuted by the United States
Attorneys during Fiscal Year 2004 include the following:
In the District of Arizona, a defendant was sentenced to 11 years and 3
months in prison for possession with intent to distribute marijuana. The defendant
was driving a yellow school bus when United States Border Patrol agents observed
bundles of suspected marijuana through the back door window. Agents stopped the
bus and arrested the defendant after discovering 125 bundles of marijuana with a
total weight of 1,867 pounds.
26 2004 Annual Statistical Report
In the District of Maryland, a defendant was sentenced to 15 years and 8
months in prison for possession with intent to distribute 100 grams or more of heroin.
On December 11, 2002, Maryland State Police stopped the defendant for speeding
on southbound I- 95. When the state trooper attempted to arrest the defendant for
driving on a suspended license, he sped away at speeds in excess of 110 m. p. h.
During the chase, the defendant lost control of his vehicle and collided with a tractor
trailer. The defendant then fled on foot into a wooded area where, with the
assistance of K- 9' s, he was located. After his arrest, 1,720 grams of cocaine and
278.2 grams of heroin were discovered during a search of his vehicle.
In the District of Montana, a defendant was found guilty of distribution of
a controlled substance which resulted in death. The defendant unlawfully distributed
methadone, a prescription pain killer, to a victim who died as a result of consuming
the drug. In May 2004, the defendant was sentenced to 23 years in prison.
In the Eastern District of North Carolina, a defendant, who was Chief
Deputy Sheriff of Washington County at the time of his arrest, pled guilty to
conspiracy to distribute and possession with the intent to distribute more than 500
grams of cocaine. The defendant and another individual, now deceased, conspired
to purchase 2 kilograms of cocaine from a source who was, in fact, a confidential
informant. Prior to the delivery of the cocaine, the defendant accepted payoffs from
the informant to run license plate and criminal history information. The defendant
and his co- conspirator were arrested after taking delivery of the cocaine. The
defendant was sentenced to 6 years in prison, followed by 5 years supervised release.
In the Western District of Pennsylvania, a Dutch citizen extradited from the
Netherlands on ecstasy trafficking charges was sentenced to 11 years and 3 months
in prison after his conviction of violating federal drug and money laundering laws.
The defendant mailed 19 separate packages to the United States containing
approximately 150,000 ecstasy tablets. The defendant was the Dutch source for an
organization which took cash totaling approximately $ 670,000 to Amsterdam in
exchange for the ecstacy pills. Ultimately, the pills were distributed at clubs and/ or
college campuses in western Pennsylvania, western New York, Maryland, West
Virginia, and Ohio.
Corporate Fraud
During Fiscal Year 2004, the United States Attorneys and the Corporate Fraud Task Force
improved on its strong first- year record in combating corporate fraud and punishing corporate
wrongdoers. In Fiscal Year 2004, United States Attorneys’ offices opened 246 corporate fraud
matters and charged 279 defendants. In addition, 300 defendants were terminated with 258
defendants convicted of corporate fraud charges. This represents a 94 percent increase in the
number
United States Attorneys 27
of defendants convicted when compared with the previous year. Additionally, 61 percent of all
convicted defendants were sentenced to prison. The number of significant corporate fraud matters
undertaken by the United States Attorneys has contributed substantially to restoring confidence in
America’s financial markets and reinvigorating corporate governance practices.
The President created the Corporate Fraud Task Force by Executive Order No. 13271 on
July 9, 2002. The Corporate Fraud Task Force includes as members the United States Attorneys for
the Central District of California, Northern District of California, Northern District of Illinois,
Eastern District of New York, Southern District of New York, Eastern District of Pennsylvania, and
Southern District of Texas, as well as the Assistant Attorneys General for the Criminal Division and
the Tax Division, and several federal law enforcement and regulatory agencies with jurisdiction over
the securities industry.
Examples of corporate fraud cases successfully prosecuted by the United States Attorneys
during Fiscal Year 2004 include the following:
In the Central District of California, 3 defendants, including the former
chairman of the largest subsidiary of Manhattan Bagel Company, a publicly- traded
restaurant and bakery chain, and the former president of the subsidiary company,
pled guilty to conspiring to inflate the revenue of the subsidiary as part of a corporate
merger. The former chairman and president also pled guilty to obstructing an SEC
investigation by assaulting and threatening witnesses. In addition, the former
chairman pled guilty to defrauding investors in a series of schemes that included a
false initial public offering, tax fraud, and money laundering. The United States
District Court sentenced the former chairman to 7 years and 5 months in prison. The
other 2 defendants are still awaiting sentencing.
In the Eastern District of New York, 7 former senior executives of Symbol
Technologies, Inc., one of the world’s leading manufacturers and distributors of
wireless and mobile computing and bar code reading devices, were indicted for
securities fraud and other crimes arising out of their participation in a $ 200 million
accounting fraud scheme. Among those indicted were Symbol’s former CEO, CFO,
and Senior Vice Presidents of Finance, Operations, and Worldwide Sales, all of
whom were charged for their participation in a long- running scheme to misrepresent
Symbol’s revenues, expenses, and earnings through the use of bogus transactions and
fraudulent accounting entries in order to meet projected quarterly revenues and
earnings. The indictment also alleged that an eighth defendant, Symbol’s former
General Counsel, orchestrated a scheme by which he and other senior executives
fraudulently exploited the company’s stock option plans to enrich themselves and
illegally minimize their tax obligations. In June 2004, Symbol signed a written
agreement in which it accepted responsibility for the fraudulent conduct of its former
executives, adopted significant corporate reforms, agreed to continue its cooperation
with the government’s ongoing investigation of the fraud, and agreed to pay $ 139
million to compensate victims of the fraud and to help fund the Postal Inspection
Service’s Consumer Fraud Fund. The charges in June 2004 followed the earlier
28 2004 Annual Statistical Report
guilty pleas of Symbol’s former Chief Accounting Officer and its former Vice
President of Worldwide Sales and Finance.
In the Eastern District of Pennsylvania, in a significant case of corporate
self dealing, the former Director of Real Estate and Development for Independence
Blue Cross pled guilty and was sentenced to 4 years and 5 months in prison, $ 4
million in forfeiture, and $ 14.1 million in restitution. The defendant was convicted
of a multi- year scheme to embezzle over $ 14 million from the company through
inflated and fictitious invoices from third party vendors and nonexistent companies.
Two co- conspirators pled guilty and 2 other co- conspirators were convicted after
trial and sentenced to 8 years and 1 month in prison, $ 9 million in restitution, and $ 2
million in forfeiture.
Civil Rights Prosecutions
The United States Attorneys handle civil rights prosecutions in their districts in consultation
and coordination with the Department’s Civil Rights Division. The United States Attorneys are
committed to protecting the rights and interests of the American people. The Department’s strategic
goals are to uphold the civil rights of all Americans, reduce racial discrimination, and promote
reconciliation through vigorous enforcement of civil rights laws. Among other civil rights
violations, the United States Attorneys’ offices prosecute incidents of violence or threats against
individuals perceived to be of Middle- Eastern origin, bias motivated crimes, trafficking in persons,
police and other official misconduct, and violations of voting rights.
The United States Attorneys’ offices also enforce federal statutes prohibiting discrimination
in housing, consumer credit, and public accommodations. In addition to these traditional areas, the
Department is increasing its efforts in protecting the growing number of elderly Americans. The
increasing number of older adults residing in long- term care facilities are often particularly
vulnerable to inadequate or failure of care and treatment. These efforts are very important as elder
abuse and neglect often go undetected and the medical community is rarely trained to diagnose or
report it.
During Fiscal Year 2004, the United States Attorneys filed 72 criminal civil rights cases
against 110 defendants. The United States Attorneys also terminated a total of 58 cases against 88
defendants. Eighty- eight percent of the defendants whose cases were terminated during the year
were convicted, with 90 percent of the convicted defendants sentenced to prison.
Trafficking in Persons
Trafficking in persons is a modern- day form of slavery, and is a significant problem in the
United States and abroad. Victims are often lured from outside the United States with false promises
of better economic opportunities and good jobs, and then are forced to work under inhumane
United States Attorneys 29
conditions. Many trafficking victims are forced to work in the sex industry, in labor settings
involving domestic servitude, or in prison- like factories.
On October 28, 2000, the President signed into law the Trafficking Victims Protection Act
of 2000, which addresses modern worker exploitation and sex trafficking both domestically and
abroad. This statute gave federal prosecutors powerful new tools for pursuing traffickers and, as
importantly, it greatly enhanced the federal government’s ability to help the victims of this terrible
crime.
Examples of cases successfully prosecuted by the United States Attorneys during Fiscal Year
2004 include the following:
In the Western District of New York, several defendants were charged with
conspiring to recruit young undocumented Mexican aliens from the Arizona border
and transporting them to New York with false promises of good wages. The victims
were taken to Albion, New York, where they were forced to work in the fields for
little or no pay and housed in overcrowded and filthy conditions. One defendant pled
guilty to a forced labor charge, another defendant pled guilty to conspiring to commit
forced labor, and 2 other defendants pled guilty to harboring aliens.
In the Southern District of Texas, 7 men convicted of various human
trafficking and forced servitude- related charges were sentenced to prison terms
ranging from 4 months to 23 years. The defendants ran a large alien smuggling
operation and maintained “ safe houses” near the United States/ Mexico border where
they held their female victims against their will, raped them, and forced them to cook
and clean. Women were confined until their smuggling fees were repaid by their
families or through compelled service to the organization.
Bias Motivated Crimes
The United States Attorneys continued their efforts to ensure that any problems of bias
motivated crimes in their districts were adequately addressed. The United States Attorneys’ offices
continued to deter civil rights violations through the prosecution of these crimes.
Examples of cases successfully prosecuted by the United States Attorneys during Fiscal Year
2004 include the following:
In the Middle District of Georgia, a defendant was sentenced to 3 years and
1 month in prison for cross- burning. The defendant participated in burning a wooden
cross with the purpose of preventing a biracial ( African- American and Hispanic)
couple, as well as their 2 young children, from moving into the house next door.
In the Northern District of Georgia, 6 defendants were convicted of
conspiring to burn a 5 foot tall cross in the driveway of a home occupied by a white
woman. For several days prior to the cross burning, the woman's daughter and her
30 2004 Annual Statistical Report
boyfriend, who is African American, had been living at the residence. The
defendants received sentences ranging from 1 year to 3 years and 10 months in
prison.
In the Central District of Illinois, a defendant was sentenced to 3 years and
1 month in prison for conspiring to violate civil rights by cross- burning. A co-defendant
was sentenced to 3 years and 5 months in prison. They had agreed to burn
a cross at the home of an interracial couple. The defendants subsequently
constructed a cross, doused it with gasoline, planted it in front of the couple’s home,
and ignited it.
In the Northern District of Illinois, 2 white supremacists convicted of
conspiring to violate the civil rights of 4 African- American teenagers, were
sentenced to 3 years and 1 month and 1 year and 8 months in prison, respectively.
Two of the victims were returning to their homes after a high school football game
when the defendants chased after them, shouting racial epithets, threatening to injure
and kill the victims, and demanding that the victims get out of the defendants’ town.
One of the defendants held a knife to the throat of one of the victims while
threatening her.
In the Western District of Missouri, 5 white males from various organized
hate groups pled guilty to conspiracy to violate the rights of 2 African American men
who accompanied 2 white women into a Denny's restaurant in Springfield, Missouri.
One of the African American victims was stabbed. All 5 defendants additionally
pled guilty to various local law violations and received local prison sentences to run
concurrent to the federal sentences that ranged from 2 years to 4 years and 3 months
in prison.
In the District of Oregon, a white supremacist was sentenced to 2 years and
9 months in prison for conspiring to violate civil rights. The defendant led a group
of teenage boys, ranging in age from 13 to 16 and known as the “ Oregon State Boot
Boys,” in a series of hate- motivated crimes such as spray- painting swastikas and
other hate messages in several locations, including the Congregation Shaarie Torah
Cemetery and Agape Wide World Mission Center. He also had the “ Boot Boys”
damage a church window with a baseball bat and burn crosses at a park and a Jewish
cemetery.
Official Misconduct
The conviction of law enforcement officers who deprive citizens of rights under color of law
or use threat or force to injure or intimidate persons in their enjoyment of specific rights is an
important part of the Department’s effort to keep our streets and neighborhoods safe for citizens
across the country.
United States Attorneys 31
Examples of civil rights cases, specifically pertaining to official misconduct, that were
successfully prosecuted by the United States Attorneys during Fiscal Year 2004 include the
following:
In the Middle District of Florida, a former Charlotte County, Florida,
Sheriff’s Deputy was convicted by a jury of charges of depriving an individual of a
protected right, obstruction of justice, and lying to federal law enforcement officers.
The charges arose from an incident in which the defendant struck a compliant
juvenile detainee in the face, fracturing his jaw and lacerating his face. The
defendant subsequently filed a false report about the incident and lied to an
investigating FBI agent. He was sentenced to 7 years and 3 months in prison.
In the Eastern District of North Carolina, a former Fayetteville police
officer was sentenced to 10 years in prison after he pled guilty to deprivation of
rights under color of law. The defendant allegedly used his powers as a police
officer, including threats of arrest, jail time or additional charges, to coerce women
he stopped or arrested into having sex with him against their will.
In the Southern District of Texas, 3 former INS Deportation Officers were
sentenced for violating the civil rights of a Mexican national in their custody. In an
“ enforcement action” conducted by the former INS officers, the Mexican national
was taken into custody and seriously injured, rendering him a quadriplegic. Despite
repeated requests for help from the officers as he lay motionless and complaining of
pain, the Mexican National was denied medical treatment and was sprayed in the
face with pepper spray “ to see if he [ would] budge.” He was denied medical
treatment for more than 7 hours, and died 11 months later. The 3 defendants were
sentenced to terms of 6 years and 6 months, 3 years and 5 months, and 2 years and
9 months in prison, respectively.
32 2004 Annual Statistical Report
III. ASSET FORFEITURE LITIGATION
The asset forfeiture laws are designed to attack the profit motive for crime, to seize assets used to
commit crimes, and generally to deter criminal activity. Asset forfeiture has proven to be an effective law
enforcement tool. In addition to disgorging criminal proceeds and deterring crime, asset forfeiture has
been used to facilitate the return of funds to victims of fraud, and has resulted in millions of dollars being
transferred to state, local and international law enforcement efforts through equitable sharing.
The United States Attorneys’ offices use both criminal and civil asset forfeiture laws to strip away
property derived from criminal activity such as narcotics violations, money laundering, racketeering and
fraud, as well as property used to facilitate the commission of certain crimes. Whether through civil or
criminal proceedings, the laws governing asset forfeiture provide due process to all persons claiming an
ownership interest in the property.
Fiscal Year 2004 was the fourth full year in which the Civil Asset Forfeiture Reform Act of 2000
( CAFRA) was in effect. When it took effect, on August 23, 2000, CAFRA brought many procedural
changes to civil asset forfeiture practice, and added several important law enforcement benefits affecting
both criminal and civil asset forfeiture. In civil cases, CAFRA:
• Imposes a 60- day notice deadline for administrative forfeitures ( 90 days if the case is
adopted from a state or local agency);
• Eliminates cost bonds;
• Imposes a 90- day deadline for filing a civil complaint after a claim has been made;
• Authorizes appointment of counsel if a claimant is indigent and has a Criminal Justice Act
appointed counsel in a related criminal case, or
the property being forfeited is the claimant’s primary residence;
• Raises the government’s burden of proof to preponderance of the evidence; and
• Awards attorney fees to all claimants who “ substantially prevail” except for those claims
the government readily acknowledges and does not contest.
CAFRA also strengthens law enforcement in the following areas:
• Expands civil asset forfeiture to include the proceeds of all offenses constituting a
" specified unlawful activity" under the money laundering statutes;
• Expands criminal asset forfeiture to all cases in which civil forfeiture is authorized;
• Permits the use of forfeited funds to pay restitution to crime victims;
• Requires claimants to provide access to foreign financial records;
• Expands forfeiture in alien smuggling cases to include gross proceeds of the offense and
property traceable thereto;
• Codifies the fugitive disentitlement doctrine; and
• Permits criminal Assistant United States Attorneys ( AUSAs) to share grand jury
information with civil AUSAs.
United States Attorneys 33
As reflected on Table 16, the United States Attorneys’ offices filed asset forfeiture counts in 3,785
criminal cases which sought forfeiture as a criminal penalty during Fiscal Year 2004, representing an
increase of 9 percent over the prior year. At the end of the fiscal year, there were 5,103 criminal asset
forfeiture cases pending, an increase of 16 percent when compared to Fiscal Year 2003. Additionally,
2,235 civil forfeiture actions were filed by the United States Attorneys during the fiscal year, an increase
of 4 percent when compared to the prior year.
As shown on Table 5, the United States Attorneys also obtained 1,433 civil asset forfeiture
judgments in favor of the United States during the year, which represents a 14 percent increase when
compared with the prior year. Asset Forfeiture Chart 1 below reflects the number of judgments the United
States Attorneys’ offices obtained in criminal and civil asset forfeiture cases during the past 10 years. The
chart does not include federal administrative asset forfeiture matters or state court filings.
The United States Attorneys’ work on judicial asset forfeitures resulted in an estimated recovery
of $ 390,450,467 in forfeited cash and property during Fiscal Year 2004. This represents an increase of
14 percent when compared to Fiscal Year 2003. Approximately $ 2,626,415, or less than 1 percent, of the
forfeited property was retained for official law enforcement use. Approximately $ 44,229,624 of asset
forfeiture proceeds were applied to restitution in victim- related offenses. See Table 16. All other assets
were converted to cash value and the proceeds used for law enforcement purposes by federal, state, local,
and foreign law enforcement.
34 2004 Annual Statistical Report
Asset Forfeiture Chart 2 above shows combined civil and criminal asset forfeiture recoveries
reported through collections by United States Attorneys’ offices over the past 10 years. The chart does
not include federal administrative forfeitures or state court forfeitures.
Examples of asset forfeiture cases successfully handled by the United States Attorneys during
Fiscal Year 2004 include the following:
In the Northern District of Illinois, an insurance mogul was jailed and ordered to
forfeit $ 30 million and his business interests after being convicted of racketeering, mail and
wire fraud, insurance embezzlement, false statements, and tax fraud conspiracy. This
resulted from his use of millions of dollars in insurance premiums for personal and
business expenses for himself and his companies.
In the District of Minnesota, a corporation was ordered to pay more than $ 11
million in financial sanctions, including $ 6 million in restitution or forfeiture for engaging
in fraud involving the unauthorized access to competitors’ confidential websites,
misappropriating customer credits, and defrauding airlines through deceptive ticket
purchasing. The defendant, a seller of parts and supplies for copiers and office equipment,
routinely sought and obtained through secret and improper means competitors’ confidential
information, including pricing, marketing and technical data, and confidential passwords
to secure internet sites. The corporation defrauded customers and state governments by
misappropriating customer overpayments and other credits and taking these funds as
profits, and defrauded major airlines of more than $ 350,000 through the fraudulent
manipulation of various reservations and ticketing systems.
United States Attorneys 35
In the District of Puerto Rico, 6 polar bears were seized from a circus to protect
their safety and well- being because of violations of the Marine Mammal Protection Act.
A forfeiture in rem was entered against the circus and the bears were ultimately transferred
to the custody of zoological facilities in Washington State, Michigan, and North Carolina.
In the Western District of Texas, a defendant pled guilty to obscenity involving
the interstate transportation of a film and to mail fraud for filing a fraudulent 1040 income
tax return. As a result, the district obtained the forfeiture of over 40 pieces of real estate
and 20 hard- core pornography stores throughout Texas amounting to an estimated $ 8.1
million.
36 2004 Annual Statistical Report
IV. CIVIL LITIGATION
Civil litigation by the United States Attorneys arises in various contexts: affirmative litigation, in
which the United States as plaintiff initiates actions to assert and protect government interests; defensive
litigation, in which the United States as defendant protects its interests in lawsuits filed against the
government; bankruptcy litigation, in which the United States is a creditor, an intervener, a party in
interest, or is otherwise involved in a bankruptcy matter; and a variety of other matters, not easily
categorized, in which the United States has an interest and which require the expertise of civil attorneys.
During Fiscal Year 2004, the United States Attorneys’ offices received a total of 86,316 civil
matters. The client agencies for the majority of civil matters received during the year were the Internal
Revenue Service, components of the Department of Justice, and the Department of Agriculture. See
Table 6 and Chart 1 below. Of the matters received, 12,368, or 14 percent, were affirmative matters,
52,868 or 61 percent, were defensive matters, and 21,080, or 25 percent were other civil matters. During
the same period of time, the United States Attorneys’ offices terminated a total of 8,446 matters. United
States Attorneys terminate civil matters for a variety of reasons, including when settlements are reached
with the opposing party, when referrals are made for agency actions such as administrative recoupments,
and when, under the circumstances, declination is appropriate.
Civil matters and cases represent a significant portion of the United States Attorneys’ caseload.
As of the end of Fiscal Year 2004, there were a total of 130,380 pending civil matters and cases,
representing 48 percent of the 272,962 total pending criminal and civil matters and cases in the United
States Attorneys’ offices. Of the pending civil matters and cases as of the end of Fiscal Year 2004, 23,085,
or 18 percent, were affirmative litigation; 86,432, or 66 percent, were defensive litigation; and 20,863, or
16 percent, were other civil cases and matters handled by the United States Attorneys. See Table 5.
United States Attorneys 37
While the pending civil matters and cases represent a diverse range of causes of action, 77 percent
of these matters and cases were classified as Bankruptcy, Commercial Litigation, Prisoner Litigation,
Program Litigation, and Social Security. See Table 5. The data on Table 5 does not reflect case
complexity, and, as with any statistical representation of workload, cannot paint an accurate picture of the
time and effort required to investigate and litigate the matters and cases. For example, matters and cases
in the areas of asset forfeiture, employment discrimination, constitutional torts, and fraud are some of the
most complex cases handled by the United States Attorneys’ offices, and represent only 16 percent of all
pending matters and cases, but may involve months of investigation, depositions, discovery, and a lengthy
trial. Conversely, a tax lien case may involve one short appearance before a judge. Nonetheless, each
matter and case is treated the same for statistical purposes.
A total of 15,291 civil matters were pending as of the end of Fiscal Year 2004. Of these pending
matters, 4,356, or 28 percent, had been pending for less than 6 months, 6,735, or 44 percent, had been
pending for less than 12 months, and 9,622, or 63 percent, had been pending for less than 24 months. See
Table 12.
During Fiscal Year 2004, the United States Attorneys’ offices filed or responded to a total of
77,803 civil cases, a decrease of 5 percent when compared to the prior year. The client agencies for the
majority of civil cases filed or responded to during the year were the Department of Justice agencies, the
Department of Agriculture, and the Internal Revenue Service. See Table 6 and Chart 2 below.
Of the 77,803 civil cases filed or responded to by the United States, 7,514, or 10 percent, were
affirmative civil cases, 51,882, or 67 percent, were defensive civil cases, and 18,407, or 23 percent, were
other civil cases. Also during Fiscal Year 2004, the United States Attorneys’ offices terminated a total
of 76,949 cases. Judgments were issued in 31,043, or 40 percent, of these cases. A total of 23,214, or 75
percent, of these judgments were in favor of the United States. Additionally, 16,309, or 21 percent, of the
cases were settled. See Civil Charts 3 and 4 below, and Table 5.
38 2004 Annual Statistical Report
Beginning in Fiscal Year 2000, the civil disposition codes used in the LIONS case management system were revised to more accurately represent the outcomes
in civil cases. The definitions of the codes used for civil cases disposed of by trial were expanded to include evidentiary hearings. Thus, the Fiscal Year 2000,
2001, 2002, 2003, and 2004 data for civil cases disposed of by trial cannot be compared to data for prior years.
A total of 115,089 civil cases were pending as of the end of Fiscal Year 2004. Of these pending
cases, 30,337 or 26 percent, had been pending for less than 6 months, 49,702, or 43 percent, had been
pending for less than 12 months, and 71,711, or 62 percent, had been pending for less than 24 months.
See Civil Charts 5 and 6 below, and Table 13.
United States Attorneys 39
Civil Chart 7 below displays civil cases filed or responded to by cause of action, or case type,
during Fiscal Year 2004, while Civil Chart 8 below displays civil cases pending by cause of action, or case
type, as of the end of Fiscal Year 2004.
40 2004 Annual Statistical Report
United States Attorneys 41
42 2004 Annual Statistical Report
Affirmative Civil Litigation
Affirmative civil litigation includes several practice areas, primarily, affirmative civil enforcement
( ACE), civil asset forfeiture, and bankruptcy adversarial proceedings. It also includes 2 other groups of
cases: commercial litigation, which comprises such affirmative cases as collection of defaulted Health
Education Assistance loans, National Health Service Corps scholarships, and other student loans; and
program litigation, which refers to such affirmative matters as enforcement of administrative subpoenas,
judicial assistance provided on behalf of international requests, and tax- related cases and matters which
are not seeking a tax refund.
The United States Attorneys received a total of 12,368 affirmative civil matters, and filed a total
of 7,514 affirmative civil cases during Fiscal Year 2004. This represents a decrease of 8 percent in the
number of matters received and a decrease of 16 percent in the number of cases filed when compared to
the prior year. The client agencies for the majority of the affirmative civil matters and cases were the
Department of Justice Agencies, the Department of Agriculture, and the Internal Revenue Service.
As of the end of Fiscal Year 2004, a total of 23,085 affirmative civil matters and cases were
pending, representing 10,310 civil affirmative matters and 12,775 civil affirmative cases. The largest
category of affirmative civil matters received was asset forfeiture ( 34 percent of all matters received),
followed by commercial litigation ( 22 percent) and program litigation ( 13 percent). The largest categories
of affirmative civil cases filed were asset forfeiture ( 29 percent of all cases filed) and commercial litigation
( also 29 percent), followed by bankruptcy ( 11 percent).
The United States Attorneys terminated a total of 4,855 affirmative civil matters in Fiscal Year
2004. As noted above, the United States Attorneys terminate matters for a number of reasons including
settlements, referrals to agencies for administrative recoupment, and declinations under appropriate
circumstances. During Fiscal Year 2004, 4,415 affirmative civil cases were resolved by judgments, with
4,321, or 98 percent, of these judgments in favor of the United States.
Affirmative Civil Enforcement
The Affirmative Civil Enforcement ( ACE) program is an essential component of the United States
Attorneys’ successful prosecution of fraud, waste, and abuse in federal programs. ACE litigation recovers
funds wrongfully paid by the United States, and helps ensure that the government is fully compensated
for the losses and damages caused by those who have enriched themselves at the government’s expense.
Further, beyond recouping the government’s losses, ACE advances federal agencies’ goals for program
integrity by deterring future misconduct.
The primary statutory tool of ACE attorneys is the civil False Claims Act, which provides the
United States with a cause of action against any person who knowingly presents, or causes to be presented,
a false or fraudulent claim for money or property to the United States; makes or causes to be made a false
statement to get a false claim paid or approved; conspires to defraud the government by getting a false
claim paid; or makes, uses, or causes to be made or used, a false statement to conceal, avoid, or decrease
an obligation to the government. The statute provides for treble damages for the government’s loss, plus
penalties for each false claim.
United States Attorneys 43
In addition, ACE attorneys may use other statutes and common law remedies to recoup monies
wrongfully obtained from the United States and obtain compensation for the government’s losses. These
include the Medical Care Recovery Act, the Truth in Negotiations Act, the Buy American Act, the Civil
Racketeer Influenced and Corrupt Organizations Act, the Anti- Kickback Act, and common law causes of
action for fraud, negligent misrepresentation, and breach of contract.
Although many of the False Claims Act matters and cases handled by the United States Attorneys
are referred directly from federal or state agencies, a significant number of them result from filings by
private persons known as “ relators” who file suits on behalf of the federal government under the qui tam
provisions in the Act. When a qui tam complaint is filed, the government inquires into the relator’s
allegations and decides whether to pursue them. If a qui tam lawsuit ultimately results in a recovery for
the United States, the relator may be entitled to share in that recovery.
Another significant aspect of the United States Attorneys’ ACE programs is the use of the civil
remedies provided in many federal statutes to enforce the United States’ laws and ensure that those who
have imposed illegal burdens on the public accept responsibility for them. Examples include: civil cases
brought under the Comprehensive Drug Abuse Prevention and Control Act; the Consumer Products Safety
Act; and various environmental and civil rights statutes.
In Fiscal Year 2004, the United States Attorneys reported the recovery of over $ 1.5 billion through
the ACE program. During Fiscal Year 2004, 1,543 ACE cases and matters were settled or resulted in
judgments, representing an 11 percent decrease when compared to Fiscal Year 2003.
During Fiscal Year 2004, the United States Attorneys received 4,290 ACE matters, an increase of
4 percent when compared with the prior year, and filed or responded to 1,823 ACE cases, representing a
decrease of 4 percent when compared with Fiscal Year 2003. At the end of Fiscal Year 2004, 8,453 ACE
matters and cases were pending, up from 7,806 at the end of Fiscal Year 2003. As in previous years, a
major focus of the United States Attorneys’ ACE activities is the prosecution of health care fraud. As of
the end of Fiscal Year 2004, 1,362 civil health care fraud matters were pending. A large majority of civil
health care fraud cases and matters are settled without a complaint ever being filed. During Fiscal Year
2004, the United States Attorneys filed or responded to 269 civil health care fraud cases, representing an
increase of 17 percent when compared to the prior year.
Examples of successful ACE cases handled by the United States Attorneys during Fiscal Year 2004
include the following:
In the Central District of California, a whistle- blower case filed against TRW,
Inc., for $ 111.2 million, was resolved 6 months before trial after investigating allegations
for 3 years and litigating the case for 5 years. This highly complex case involved 5 alleged
cost charging schemes perpetrated by TRW over a 7- year period. The team of attorneys
on the case examined numerous documents, took and defended over 100 depositions,
prepared 4 experts, met with consultants, and engaged in extensive mediation and motion
practice before reaching a settlement with the defendant.
44 2004 Annual Statistical Report
In the Central District of Illinois, the United States Attorney’s office, in
conjunction with the Department of Justice’s Environment and Natural Resources Division
and the Environmental Protection Agency, successfully negotiated a Consent Decree to
enforce the Clean Water Act against the City of Rock Island, Illinois. The result of the
Consent Decree is a long term control plan to address problems with the city’s wastewater
treatment plant and eliminate the annual discharge of nearly 500 million gallons of
pollutants into the Mississippi and Rock Rivers. The city was also required to pay a civil
penalty of $ 108,000, which was reduced in exchange for the city’s commitment to
rehabilitate a brown- field site adjacent to an environmentally sensitive area for wintering
bald eagles.
In the District of Massachusetts, in a whistle- blower case under the False Claims
Act, the United States recovered a total of $ 190 million ( which was shared with the 50
states and the District of Columbia) from pharmaceutical manufacturer Warner- Lambert,
to resolve civil liability for the illegal promotion of unapproved uses of its anti- seizure
drug, Neurontin. State Medicaid programs were harmed by Warner- Lambert’s aggressive
promotion of unapproved uses of the drug because the company’s conduct caused doctors
to write prescriptions for Medicaid patients when the medication was not eligible for
Medicaid reimbursement. The drug was ineligible for reimbursement because the
prescriptions were fraudulently obtained through Warner- Lambert’s false statements to
doctors and the payment of illegal kickbacks, including “ consulting fees” and trips for
physicians.
It is in the vital interest of the United States to have a strong voice in bankruptcy proceedings. The
primary purposes of bankruptcy are two- fold: a fresh start for the bankruptcy debtor and an equitable
distribution of assets to the creditors. The United States usually participates in those bankruptcy cases
where it is a creditor for unpaid taxes or uncollected government loans. When a debtor submits to the
jurisdiction of the bankruptcy court, a court of equity, the creditors, including the United States in that role,
must abide by the provisions of the Bankruptcy Code ( Title 11) and the Federal Rules of Bankruptcy
Procedure, which severely restrict their collection actions.
The United States Attorneys filed or responded to a total of 17,095 bankruptcy cases, in which the
United States was: the plaintiff in 797 adversary proceedings or separate litigation within a bankruptcy
case; the defendant in 1,370 adversary proceedings; and a creditor or party- in- interest in 14,928 cases
which are classified under “ other designations.” Cases opened under “ other designations” are in response
to the filing of a bankruptcy petition by a debtor against whom the United States has a claim, usually
referred to a United States Attorney's office by another government agency. Bankruptcy cases filed in
United States Bankruptcy Courts for Fiscal Year 2004 totaled 1,618,987, during the 12- month period
ending September 30, 2004. Although the United States Attorneys are only involved in a fraction of the
bankruptcy cases filed, if the caseload of the United States Bankruptcy Courts is increasing, the United
States Attorneys’ bankruptcy caseload will follow suit.
United States Attorneys 45
An example of a successful bankruptcy case handled by a United States Attorney during Fiscal
Year 2004 follows:
In the Northern District of California, in a Chapter 11 case, the United States was
sued by a bankruptcy estate, which was seeking to recover $ 1.23 million that had been
forfeited to the United States on account of Medicaid fraud. In 1994, 2 individuals
invested approximately $ 1.5 million in a new women's basketball league, the American
Basketball League ( ABL), and took stock from the company in return. The money the
individuals invested in the ABL was traceable to an illegal Medicaid scam prosecuted by
the Northern District of Georgia United States Attorney's office. The United States
wanted to recover the money invested in the league so that the State of Georgia could be
reimbursed for the stolen Medicaid funds. Consequently, the United States named the
stock the individuals received from the ABL in both civil and criminal forfeiture cases.
Because the ABL did not want the stock held by the 2 individuals to be forfeited and sold
by the United States Marshal, it agreed to pay the United States to repurchase the stock.
The District Court entered an order substituting the funds paid by the ABL for the stock.
In 1998, the ABL filed for bankruptcy protection. The plaintiff was in charge of
liquidating the company and brought suit against the United States to recover the $ 1.23
million paid to the government on account of the stock, alleging that the money the ABL
paid for its worthless stock was a " fraudulent conveyance" recoverable in bankruptcy. The
Northern District of California United States Attorney's office successfully defended the
United States against the lawsuit, arguing that the lawsuit was a collateral attack on a final
order of forfeiture and, therefore, barred by statute. The majority of the funds have now
been distributed to the State of Georgia to reimburse its state health system accounts.
Defensive Civil Litigation
As noted previously, the United States Attorneys represent and defend the interests of the federal
government in lawsuits filed against the United States, or defensive civil litigation. Such litigation
includes, for example, tort suits brought by those who allege they were harmed as a result of government
action, the adjudication of Social Security disability claims, alleged contract violations, habeas corpus
cases, and race, sex, and age discrimination actions. The United States Attorneys’ offices represent and
defend the government in its many roles– employer, regulator, law enforcer, medical care provider,
revenue collector, contractor, procurer, property owner, judicial and correctional system manager,
administrator of federal benefits, and others.
All lawsuits filed against the government must be defended, and the number of defensive civil
cases handled by the United States Attorneys has represented a significant portion of all civil cases handled
during the past several years. During Fiscal Year 2004, the United States Attorneys’ offices received
52,868 defensive civil matters from federal agencies. These defensive civil referrals represented 61
percent of all civil matters received during the year. Commercial Litigation, Social Security, Prisoner
Litigation, Torts, and Program Litigation accounted for 86 percent of all defensive civil matters received
during the year. See Table 5.
46 2004 Annual Statistical Report
The United States Attorneys represented the government in 51,882 defensive civil cases that were
filed in court during Fiscal Year 2004, a 4 percent decrease when compared to the prior year. Defensive
civil cases represented 67 percent of all civil cases during the year. During the same period of time, the
offices terminated 50,920 defensive civil cases, an increase of 4 percent when compared to the prior year.
Judgments were issued in 25,501 of these cases, with a total of 17,870, or 70 percent, of these judgments
in favor of the United States. An additional 6,285, or 12 percent, of cases filed against the United States
were dismissed. As of the end of Fiscal Year 2004, a total of 85,003 defensive civil cases were pending,
an increase of 2 percent when compared to the prior year.
Commercial litigation cases represented the largest category of cases in the United States
Attorneys’ defensive civil program. During Fiscal Year 2004, the United States Attorneys responded to
18,465 defensive commercial litigation cases, which represented 36 percent of all defensive civil cases.
The second largest category was Social Security, with 14,566 cases responded to, which represented 28
percent of all defensive civil cases.
Unlike affirmative civil litigation where the United States initiates legal action, the successes of
defensive litigation are difficult to quantify. In some cases, liability issues must be resolved and the
United States Attorney’s office represents the interests of the United States in the resolution of those
issues. In other cases, the United States may have apparent liability to a plaintiff and the United States
Attorney’s role is to confirm liability and then negotiate or litigate a reasonable damages award. Often,
a plaintiff may sue the United States seeking to enforce a regulation or law, or restrain the United States
from enforcing a regulation or law. In these cases, the United States Attorney’s office represents not only
the fiscal interests of the government, but also the government’s intangible interest in the implementation
of lawful policies and practices.
Examples of successful defensive civil cases handled by the United States Attorneys during Fiscal
Year 2004 include the following:
In the Eastern District of Texas, the United States Attorney’s office obtained the
dismissal of a suit brought under the Rehabilitation Act in which the plaintiff argued that
he had been discriminated against and unlawfully denied a position with the United States
Transportation Security Administration ( TSA) because of a physical disability. In ruling
in favor of the United States, the United States District Court found that the Rehabilitation
Act was superseded and preempted by the Aviation Transportation Security Act.
In the Eastern District of Virginia, the United States Attorney’s office defended
a suit brought by an employee of a defense contractor who had been denied an industrial
security clearance. The clearance had been denied because the employee had immediate
family members who lived, at least part of the year, in Iran. In denying the clearance, the
Department of Defense found that the employee’s family members, having lived or living
in Iran, could influence the employee by placing him in the untenable position of choosing
between loyalty to his immediate family and the United States. After briefing the issue for
the United States District Court, the court ruled that it had no jurisdiction to entertain an
appeal of the merits of the decision to deny the security clearance.
United States Attorneys 47
In the District of Wyoming, the United States Attorney’s office successfully
defended a case brought under the Federal Tort Claims Act ( FTCA) by a severely burned
teenager who was a summer employee of the concessionaire at Yellowstone National Park.
The teenager entered a thermal feature at the Park at night with 2 other individuals and
received third degree burns over 90 percent of his body. He then sued, challenging the
Park’s management of thermal sites and contending it was negligent. After significant
discovery and motion practice, the United States District Court ruled that the discretionary
function exception to the FTCA applied and barred the plaintiff’s claims.
48 2004 Annual Statistical Report
V. CRIMINAL AND CIVIL APPEALS
Criminal Appeals
Appeals, in general, are very time consuming, requiring a thorough review of the entire
record in the case, the filing of a brief and reply brief and, in most cases, participation in an oral
argument which requires travel to the city where the United States Court of Appeals for the circuit
is located. Furthermore, the complexity of appellate work and the time required to handle that work
increases when convictions are based on complex facts such as those found in organized crime,
organized crime drug enforcement and other narcotics cases, financial institution fraud, armed career
criminal, public corruption, health care fraud, and computer fraud cases.
As a result of the implementation of the United States Sentencing Guidelines in November
1987, Assistant United States Attorneys now spend far more time than before on sentencing issues,
such as preparing sentencing memoranda, conducting lengthy sentencing hearings, and handling
sentencing appeals. While deemed necessary, the additional sentencing and sentencing appeals
work associated with the Sentencing Guidelines has affected the United States Attorneys’ ability to
pursue the investigation and prosecution of more cases.
During Fiscal Year 2004, the United States Attorneys handled a total of 8,928 criminal
appeals filed by or against the United States, representing a 5 percent decrease when compared to
Fiscal Year 2003. See Appeals Chart 1 below.
United States Attorneys 49
A total of 8,420 appeals were terminated during Fiscal Year 2004, representing a decrease
of 15 percent in the number of appeals terminated when compared to the prior year. The United
States Courts of Appeals ruled in favor of the United States in 7,266, or 86 percent, of the appeals
terminated during the year. See Table 7.
The largest category of criminal appeals filed during Fiscal Year 2004 was narcotics, which
accounted for 3,158, or 35 percent, of all criminal appeals filed during the year. See Appeals
Chart 2 above. Other large categories of criminal appeals included violent crime, with 2,055
appeals filed in Fiscal Year 2004, and immigration, with 1,539 appeals filed during the fiscal year.
Post- Sentencing Motions
Between Fiscal Year 1988, when the Sentencing Guidelines went into effect, and Fiscal
Year 1997, there was a dramatic increase year to year in the number of post- sentencing motions
filed by incarcerated defendants under 28 U. S. C. § 2255. These motions, filed by defendants
primarily to vacate a sentence, increased from 1,500 in Fiscal Year 1988 to 10,974 in Fiscal Year
1997, or a 632 percent increase. In Fiscal Year 1997 alone, the number increased by 2,342, or 27
percent, when compared with the prior year. See Appeals Chart 3 below. These post- sentencing
motions are in addition to the criminal appeals discussed above. The work required of Assistant
United States Attorneys to respond to these motions is time consuming and burdensome.
The Prison Litigation Reform Act, which included provisions intended to curb abuses and
excesses in prisoner litigation, was enacted in Fiscal Year 1996, and was expected to result in a
reduction in post- sentencing motions. The Act required that prisoners pursue an administrative
claim before a complaint could be filed in United States District Court, made prisoners responsible
50 2004 Annual Statistical Report
for filing fees, and subjected prisoners to sanctions for frequent and frivolous claims. However,
two factors, perhaps among others, caused the number of motions to continue to increase during
Fiscal Years 1996 and 1997. The United States Supreme Court’s decision in Bailey, which
changed in a major way how the law was viewed in firearms cases, resulted in the subsequent
filing of additional post- sentencing motions. This decision led many inmates who had received
enhanced penalties to file for sentence reductions. Additionally, because the newly enacted Prison
Litigation Reform Act included a one- year statute of limitations, many incarcerated defendants and
defense lawyers quickly filed hundreds of motions.
The reduction in the volume of prisoner litigation that was expected after the Prison
Litigation Reform Act was enacted, appears to have occurred during Fiscal Year 1998 and again
in Fiscal Year 1999. During Fiscal Year 1998, 7,592 post- sentencing motions were filed, a
decrease of 3,382, or 31 percent, when compared to the prior year. In Fiscal Year 1999, the
decrease continued with 6,652 motions filed, showing a further decline of 12 percent when
compared to the prior year. See Appeals Chart 3 above. Although that trend slowed, the number
of motions continued to decrease in Fiscal Year 2000 with 6,489 post- sentencing motions filed, a
decrease of 3 percent when compared with Fiscal Year 1999. In Fiscal Year 2001, however, there
was an increase in these filings to 8,311, or 28 percent over the prior year. Then, in Fiscal Year
2002, 6,903 post- sentencing motions were filed, which represents a decrease of 17 percent when
compared with the prior year. In Fiscal Year 2003, this trend continued with 5,567 post- sentencing
motions filed, which represents a decrease of 19 percent when compared with Fiscal Year 2002.
In Fiscal Year 2004, 5,565 post- sentencing motions were filed, which represents virtually no
change when compared with the prior year. In spite of this decreased number again, the 5,565
motions filed in Fiscal Year 2004 still represent a 271 percent increase over the 1,500 motions filed
in Fiscal Year 1988 when the Sentencing Guidelines went into effect.
Civil Appeals
United States Attorneys 51
During Fiscal Year 2004, the United States Attorneys’ offices also handled a total of 4,224
civil appeals filed by or against the United States. This represents a decrease of 8 percent in the
number of appeals handled when compared to the prior year. See Appeals Chart 4 below. The
United States Attorneys terminated 4,605 civil appeals during the year, a decrease of 16 percent
when compared to the prior year. Of the appeals terminated during the year, 3,634, or 79 percent,
were decided in favor of the United States. See Table 7.
52 2004 Annual Statistical Report
VI. CONCLUSION
The United States Attorneys’ Annual Statistical Report is intended to provide a narrative and
statistical summary of the work of the United States Attorneys’ offices during Fiscal Year 2004. The
report serves to illustrate the many prosecution and litigation accomplishments of the men and women who
work in the offices. The report also addresses the significant, and critically important, liaison work that
is performed by the United States Attorneys and their staffs with federal, state, and local law enforcement
officials, the victims of crime, local communities, schools, and other organizations.
In Fiscal Year 2001, our nation witnessed the brutal terrorist attacks of September 11. During
Fiscal Year 2004, the United States Attorneys’ anti- terrorism efforts included the investigation and
prosecution of terrorism and anti- terrorism cases, and coordination among law enforcement officials at
federal, state, and local levels, in an effort to prevent future terrorist attacks. The United States Attorneys
also addressed the continuing, illegal use of firearms by those who perpetrate crimes and accompanying
acts of violence in our communities. Project Safe Neighborhoods has been implemented in all 94 districts
to invigorate the enforcement of gun laws. Drug prosecutions continued to be a priority of the United
States Attorneys during Fiscal Year 2004, with emphasis on large drug organizations. The United States
Attorneys continued, as well, to prosecute white collar crime, with particular emphasis on corporate fraud,
and to prosecute civil rights violations.
In the judicial asset forfeiture area, the United States Attorneys used both the criminal and civil
asset forfeiture laws to strip away, by court procedures containing due process protection, criminally used
and criminally acquired property from drug dealers, money launderers, racketeers, and other criminals.
In addition, the United States Attorneys asserted and defended the interests of the United States
through their work in the civil arena. During the year, Assistant United States Attorneys continued their
work in Affirmative Civil Enforcement ( ACE). ACE is important as a powerful legal tool to help ensure
that federal funds are recovered, that federal laws are obeyed, and that violators provide compensation to
the government for losses and damages they cause as a result of fraud, waste, and abuse of government
funds and resources.
As this Annual Statistical Report illustrates, the work of the United States Attorneys and their staffs
encompasses a wide range of activities from prosecuting the most violent criminals to protecting the
federal fisc, and from coordinating federal, state, and local law enforcement in priority areas to assisting
the victims of crime. The statistics provided here, the accompanying narrative, and the case summaries
represent the outstanding work that has been performed by the United States Attorneys and their staffs
throughout the country.
United States Attorneys 53
VII. DETAILED STATISTICAL TABLES
Index
Table Page
Number Number
1 Criminal Cases Handled by United States Attorneys 54
2 Disposition of Criminal Cases and Defendants in U. S. District Court 57
2A Disposition of Criminal Cases and Defendants in U. S. Magistrate Court 60
3 Criminal Cases and Defendants in U. S. District Court 63
3A Criminal Cases in Which a Firearms Offense was Charged 65
3B Criminal Cases and Defendants in U. S. District Court by Referring Agency 66
4 Civil Cases Handled by United States Attorneys 67
5 Civil Matters and Cases by Cause of Action 70
6 Civil Matters and Cases by Referring Agency 72
7 Appeals Filed and Closed by United States Attorneys 74
8 United States Attorney Debt Collection
8A Criminal Debts Owed the United States 77
8B Criminal Debts Owed to Third Parties 80
8C Criminal Total 83
8D Civil Total 86
8E Grand Total 89
8F Criminal Debts in Suspense 92
9 United States Attorneys’ Court- Related Work Hours 95
10 Criminal Matters Pending Aged by Date Received 98
11 Criminal Cases Pending Aged by Date Received 101
12 Civil Matters Pending Aged by Date Received 104
13 Civil Cases Pending Aged by Date Received 107
14 Criminal Matters Declined - Immediate and Later Declinations by Reason 110
15 Criminal Matters Declined - Immediate and Later Declinations by Agency 111
16 Asset Forfeiture Actions Handled by United States Attorneys 112
Table 1
Criminal Cases Handled By United States Attorneys
Fiscal Year Ended September 30, 2004
Criminal Cases in Criminal Defendants in Criminal Defendants in 1/
- - - - - United States District Court - - - - - - - - - - United States District Court - - - - - - - - - - United States Magistrate Court - - - - -
Begin End Begin End Begin End
District Pending Filed 2/ Terminated 3/ Pending Pending Filed 2/ Terminated 3/ Pending Pending Filed Terminated 4/ Pending
Alabama, Middle 187 180 156 211 257 218 208 267 70 49 68 51
Alabama, Northern 396 391 445 342 543 511 594 460 73 128 120 81
Alabama, Southern 227 219 223 223 332 301 331 302 8 2 3 7
Alaska 123 153 162 114 208 233 248 193 25 71 57 39
Arizona 3,031 3,935 3,043 3,923 4,140 4,872 3,700 5,312 783 1,555 992 1,346
Arkansas, Eastern 270 251 271 250 390 390 407 373 11 12 12 11
Arkansas, Western 127 193 171 149 156 236 207 185 35 101 110 26
California, Central 2,238 1,874 1,424 2,688 3,613 2,507 1,928 4,192 1,139 918 811 1,246
California, Eastern 1,095 702 794 1,003 1,659 990 1,152 1,497 325 207 198 334
California, Northern 1,423 534 627 1,329 2,333 707 777 2,263 681 228 258 651
California, Southern 2,284 3,384 3,464 2,204 3,106 3,779 3,823 3,062 615 633 475 773
Colorado 796 494 503 787 1,335 701 761 1,275 177 71 71 177
Connecticut 395 317 305 407 682 513 490 705 136 70 58 148
Delaware 128 119 107 140 153 140 129 164 70 40 56 54
District of Columbia 891 567 578 880 1,237 726 753 1,210 61 76 60 77
Florida, Middle 1,558 1,202 1,169 1,591 2,357 1,870 1,858 2,369 103 73 54 122
Florida, Northern 360 239 285 314 513 412 472 453 75 48 65 58
Florida, Southern 3,434 1,549 1,439 3,544 5,510 2,586 2,297 5,799 252 424 407 269
Georgia, Middle 234 245 229 250 360 363 360 363 30 184 196 18
Georgia, Northern 742 717 664 795 1,326 1,118 938 1,506 238 127 121 244
Georgia, Southern 210 247 229 228 278 369 316 331 308 315 221 402
Guam 130 67 87 110 169 83 115 137 2 11 7 6
Hawaii 501 283 289 495 770 458 464 764 415 192 284 323
Idaho 217 230 247 200 290 316 323 283 43 31 52 22
Illinois, Central 606 341 373 574 687 379 443 623 18 29 9 38
Illinois, Northern 1,295 704 684 1,315 2,174 1,304 1,116 2,362 740 255 121 874
Illinois, Southern 244 190 220 214 376 336 366 346 14 12 8 18
Indiana, Northern 328 283 286 325 502 364 402 464 7 23 7 23
Indiana, Southern 215 211 250 176 353 370 383 340 37 31 23 45
Iowa, Northern 415 344 453 306 500 452 559 393 22 13 13 22
Iowa, Southern 282 317 286 313 385 444 398 431 6 14 5 15
Kansas 552 642 534 660 838 889 785 942 21 32 24 29
Kentucky, Eastern 296 466 469 293 446 646 672 420 25 58 42 41
Table 1 ( Continued)
Criminal Cases in Criminal Defendants in Criminal Defendants in 1/
- - - - - United States District Court - - - - - - - - - - United States District Court - - - - - - - - - - United States Magistrate Court - - - - -
Begin End Begin End Begin End
District Pending Filed 2/ Terminated 3/ Pending Pending Filed 2/ Terminated 3/ Pending Pending Filed Terminated 4/ Pending
Kentucky, Western 260 197 224 233 381 257 303 335 26 63 72 17
Louisiana, Eastern 344 310 278 376 491 518 385 624 9 70 46 33
Louisiana, Middle 259 163 167 255 307 189 199 297 52 19 59 12
Louisiana, Western 266 327 287 306 433 523 426 530 122 645 582 185
Maine 182 243 233 192 230 274 272 232 15 49 29 35
Maryland 692 497 507 682 1,038 770 676 1,132 146 24 23 147
Massachusetts 752 405 348 809 1,276 603 528 1,351 112 71 32 151
Michigan, Eastern 980 614 592 1,002 1,747 1,021 1,013 1,755 745 423 364 804
Michigan, Western 258 312 319 251 369 390 421 338 47 59 46 60
Minnesota 389 429 302 516 544 637 436 745 6 3 4 5
Mississippi, Northern 110 182 137 155 172 230 202 200 1 11 12 0
Mississippi, Southern 327 433 371 389 446 597 519 524 14 82 71 25
Missouri, Eastern 570 857 880 547 730 1,182 1,107 805 53 85 67 71
Missouri, Western 666 649 622 693 926 955 848 1,033 19 86 65 40
Montana 330 380 380 330 469 494 525 438 7 24 21 10
Nebraska 679 700 689 690 888 880 898 870 14 33 28 19
Nevada 873 641 642 872 1,130 902 784 1,248 325 309 273 361
New Hampshire 227 247 235 239 274 268 266 276 13 48 34 27
New Jersey 1,118 773 696 1,195 1,498 936 811 1,623 561 351 183 729
New Mexico 1,487 2,361 2,049 1,799 1,841 2,752 2,329 2,264 121 722 150 693
New York, Eastern 2,195 1,373 1,215 2,353 3,574 1,973 1,694 3,853 985 514 402 1,097
New York, Northern 530 520 500 550 876 652 635 893 91 123 52 162
New York, Southern 3,935 1,352 1,115 4,172 6,275 2,212 1,656 6,831 1,205 581 406 1,380
New York, Western 517 512 443 586 845 624 550 919 332 496 306 522
North Carolina, Eastern 471 608 469 610 601 781 577 805 20 35 29 26
North Carolina, Middle 207 437 376 268 247 526 442