Thursday, May 24, 2018

It's Not You - White Collar Cases Are Down

If you are in Washington, DC, and practice white collar criminal defense, you have probably seen an uptick in representing individuals related to ongoing investigations from the Special Counsel's Office.  But outside of the city, and actual cases, white collar criminal defense is way down. So if you are not getting the cases - it is not you.

According to TRAC Reports (here), white collar cases are down 40.8 % from 1998, and 31.3% from 2008. Looking just five years ago, it is down 33.5%. Looking at the lead charge in the cases being brought, wire fraud (section 1343) comes in as number one.  And if you are in the Southern District of New York or Southern District of Florida, the number of cases is higher in these areas than in other parts of the country.

One caveat here - These numbers may not accurately represent white collar cases being brought, as many white collar matters may be brought under "shortcut offenses" such as obstruction of justice, false statements, or perjury and may not accurately be reflected in white collar numbers (see here).  Also the use of RICO can skew these numbers as it may not be reported as a white collar offense even though the predicate acts are fraud related.(see here)

(esp)(w/ disclosure that she is a B.S. graduate of Syracuse U.- home of the Trac Reports).

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