U.S. Department of Justice Executive Office for United States Attorneys United States Attorneys’ Annual Statistical Report Fiscal Year 2010 UNITED STATES ATTORNEYS’ ANNUAL STATISTICAL REPORT FISCAL YEAR 2010 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 the United States Attorneys’ Annual Statistical Report for Fiscal Year 2010. The report is made up of narrative information describing the United States Attorneys’ programs and initiatives over the past year. The report also contains statistical tables displaying both national and district caseload data. 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. 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 138 staffed branch offices, as of the end of Fiscal Year 2010. 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. The Executive Office for United States Attorneys provides executive assistance and supervision to the United States Attorneys’ offices. It coordinates services such as the information technology required to ensure that the United States Attorneys’ offices have a FISCAL YEAR 2010 STATISTICAL HIGHLIGHTS (ACTUAL DATA AS OF THE END OF SEPTEMBER 2010) OVERALL CRIMINAL PROSECUTIONS $ 160,696 matters received with 198,111 defendants—matters received decreased by three percent $ 68,591 cases filed against 91,047 defendants—case filings increased by one percent $ 67,697 cases against 88,369 defendants terminated—case terminations increased by one percent $ 81,934 defendants convicted $ 93 percent conviction rate $ 81 percent of convicted defendants sentenced to prison $ 47 percent of prison sentences greater than 3 years $ 27 percent of prison sentences greater than 5 years IMMIGRATION 29,843 cases filed against 31,122 defendants—case filings increased by nine percent 28,521 cases against 29,787 defendants terminated—case terminations increased by nine percent 28,684 defendants convicted 96 percent conviction rate 80 percent of convicted defendants sentenced to prison 19 percent of prison sentences greater than 3 years Four percent of prison sentences greater than 5 years NARCOTICS OVERALL $ 14,149 cases filed against 27, 997 defendants—case filings decreased by eight percent $ 14,567 cases against 27,474 defendants terminated—case terminations decreased by six percent $ 25,218 defendants convicted $ 92 percent conviction rate $ 90 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 OCDETF $ 2,783 cases filed against 8,832 defendants—case filings increased by 10 percent $ 2,722 cases against 8,729 defendants terminated—case terminations decreased by seven percent $ 7,788 defendants convicted $ 89 percent conviction rate $ 89 percent of convicted defendants sentenced to prison $ 79 percent of prison sentences greater than 3 years $ 57 percent of prison sentences greater than 5 years NON-OCDETF $ 11,366 cases filed against 19,165 defendants—case filings decreased by 11 percent $ 11,845 cases against 18,745 defendants terminated—case terminations decreased by six percent $ 17,430 defendants convicted $ 93 percent conviction rate $ 90 percent of convicted defendants sentenced to prison $ 64 percent of prison sentences greater than 3 years $ 40 percent of prison sentences greater than 5 years CIVIL RIGHTS PROSECUTIONS $ 115 cases filed against 209 defendants—case filings decreased by 10 percent $ 110 cases against 182 defendants terminated—case terminations increased by 28 percent $ 157 defendants convicted $ 86 percent conviction rate $ 82 percent of convicted defendants sentenced to prison $ 52 percent of prison sentences greater than 3 years $ 37 percent of prison sentences greater than 5 years OFFICIAL CORRUPTION $ 581 cases filed against 820 defendants—case filings increased by 15 percent $ 512 cases against 770 defendants terminated—case terminations decreased by eight percent $ 690 defendants convicted $ 90 percent conviction rate $ 57 percent of convicted defendants sentenced to prison $ 26 percent of prison sentences greater than 3 years $ 11 percent of prison sentences greater than 5 years ORGANIZED CRIME $ 300 cases filed against 632 defendants—case filings increased by 33 percent $ 230 cases against 500 defendants terminated—case terminations increased by 10 percent $ 463 defendants convicted $ 93 percent conviction rate $ 78 percent of convicted defendants sentenced to prison $ 68 percent of prison sentences greater than 3 years $ 48 percent of prison sentences greater than 5 years VIOLENT CRIME $ 11,360 cases filed against 13,319 defendants—case filings decreased by three percent $ 11,740 cases against 13,582 defendants terminated—case terminations decreased by three percent $ 12,466 defendants convicted $ 92 percent conviction rate $ 90 percent of convicted defendants sentenced to prison $ 72 percent of prison sentences greater than 3 years $ 49 percent of prison sentences greater than 5 years WHITE COLLAR CRIME $ 6,437 cases filed against 9,525 defendants—case filings increased by eight percent $ 5,955 cases against 8,483 defendants terminated—case terminations increased by one percent $ 7,732 defendants convicted $ 91 percent conviction rate $ 64 percent of convicted defendants sentenced to prison $ 33 percent of prison sentences greater than 3 years $ 14 percent of prison sentences greater than 5 years OVERALL CIVIL LITIGATION $ 92,198 matters received—increased by two percent $ 83,599 cases filed or responded to—increased by three percent $ 77,934 cases terminated—case terminations decreased by three percent $ 21,517 judgments, or 75 percent, were in favor of the United States $ 11,459 settlements—15 percent of all cases terminated AFFIRMATIVE CIVIL LITIGATION $ 5,297 cases filed—case filings decreased by seven percent $ 5,400 cases terminated—case terminations decreased by 13 percent $ 2,867 judgments, or 95 percent, were in favor of the United States $ 585 settlements—11 percent of all cases terminated AFFIRMATIVE CIVIL ENFORCEMENT $ 2,176 cases filed—case filings increased by 10 percent $ 1,811 cases terminated—case terminations increased by less than one percent $ 368 judgments, or 91 percent, were in favor of the United States $ 268 settlements—15 percent of all cases terminated DEFENSIVE CIVIL LITIGATION $ 65,678 cases responded to—increased by four percent $ 60,131 cases terminated—case terminations decreased by three percent $ 17,943 judgments, or 72 percent, were in favor of the