U.S. Department of Justice Executive Office for United States Attorneys United States Attorneys’ Annual Statistical Report Fiscal Year 2001 UNITED STATES ATTORNEYS’ ANNUAL STATISTICAL REPORT FISCAL YEAR 2001 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 2001. The report is made up of narrative information describing the United States Attorneys’ programs and initiatives over the past year, summaries of some of the most interesting and important cases that culminated during Fiscal Year 2001, and statistical tables displaying both national and district caseload data. The report represents the work of the women and men of the United States Attorneys’ offices in the 94 federal judicial districts located throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. In the wake of September 11, 2001, 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, as always, 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 our appellate courts. The United States Attorneys, appointed to serve in the 94 federal judicial districts throughout the country, are charged with carrying out these prosecution, litigation, and appellate responsibilities within their respective districts. Although there are 94 federal judicial districts, there are only 93 United States Attorneys because one United States Attorney is appointed to serve in both the Districts of Guam and the Northern Mariana Islands. 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 126 staffed branch offices, as of the end of Fiscal Year 2001. The United States Attorneys’ offices conduct most of the criminal prosecutions and civil litigation handled by the Department of Justice. The offices investigate and prosecute a wide range of criminal activities, from domestic and international terrorism, to organized drug trafficking and firearms crimes, to white collar crime and other regulatory offenses. In the civil arena, the United States Attorneys’ offices defend federal government agencies, for example, 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 laws, such as in civil health care fraud cases, or to represent the government’s interests, such as in bankruptcy actions. FISCAL YEAR 2001 STATISTICAL HIGHLIGHTS OVERALL CRIMINAL PROSECUTIONS • 53,339 cases filed against 73,674 defendants–case filings up one percent • 49,834 cases against 68,418 defendants terminated–case terminations up eight percent • 62,245 defendants convicted • 91 percent conviction rate • 80 percent of convicted defendants sentenced to prison • 48 percent of prison sentences greater than three years • 27 percent of prison sentences greater than five years VIOLENT CRIME • 8,789 cases filed against 10,492 defendants–case filings up eight percent • 7,858 cases against 9,328 defendants terminated–case terminations up 14 percent • 8,260 defendants convicted • 89 percent conviction rate • 89 percent of convicted defendants sentenced to prison • 67 percent of prison sentences greater than three years • 43 percent of prison sentences greater than five years OVERALL NARCOTICS • 17,200 cases filed against 29,896 defendants–case filings up five percent • {17,620 cases filed against 30,614 defendants–case filings up five percent– when drug cases diverted to the Violent Crime and Government Regulatory/Money Laundering Program Categories are included} • 15,666 cases against 27,598 defendants terminated–case terminations up ten percent • 25,292 defendants convicted • 92 percent conviction rate • 91 percent of convicted defendants sentenced to prison • 61 percent of prison sentences greater than three years • 38 percent of prison sentences greater than five years OCDETF • 3,151 cases filed against 8,539 defendants–case filings up three percent • {3,235 cases filed against 8,652 defendants–case filings up three percent--when drug cases diverted to the Violent Crime Program Category are included} • 2,906 cases against 8,297 defendants terminated–case terminations up six percent • 7,505 defendants convicted • 91 percent conviction rate • 90 percent of convicted defendants sentenced to prison • 75 percent of prison sentences greater than three years • 52 percent of prison sentences greater than five years NON-OCDETF • 14,049 cases filed against 21,357 defendants–case filings up five percent • {14,385 cases filed against 21,962 defendants–case filings up five percent–when drug cases diverted to the Violent Crime and Government Regulatory/Money Laundering Program Categories are included} • 12,760 cases against 19,301 defendants terminated–case terminations up 11 percent • 17,787 defendants convicted • 92 percent conviction rate • 91 percent of convicted defendants sentenced to prison • 56 percent of prison sentences greater than three years • 32 percent of prison sentences greater than five years IMMIGRATION • 12,537 cases filed against 13,433 defendants–case filings down four percent • 12,143 cases against 13,094 defendants terminated–case terminations up three percent • 12,435 defendants convicted • 95 percent conviction rate • 83 percent of convicted defendants sentenced to prison • 29 percent of prison sentences greater than three years • Eight percent of prison sentences greater than five years ORGANIZED CRIME • 216 cases filed against 499 defendants–case filings down 14 percent • {263 cases filed against 599 defendants–case filings down 17 percent–when cases diverted to the Violent Crime Program Category are included} • 199 cases against 471 defendants terminated–case terminations up 19 percent • 400 defendants convicted • 85 percent conviction rate • 57 percent of convicted defendants sentenced to prison • 40 percent of prison sentences greater than three years • 23 percent of prison sentences greater than five years OFFICIAL CORRUPTION • 443 cases filed against 597 defendants–case filings down seven percent • 484 cases against 633 defendants terminated–case terminations up nine percent • 563 defendants convicted • 89 percent conviction rate • 46 percent of convicted defendants sentenced to prison • 18 percent of prison sentences greater than three years • Nine percent of prison sentences greater than five years WHITE COLLAR CRIME • 6,380 cases filed against 8,756 defendants–case filings down four percent • 6,020 cases against 7,988 defendants terminated–case terminations up five percent • 7,212 defendants convicted • 90 percent conviction rate • 62 percent of convicted defendants sentenced to prison • 14 percent of prison sentences greater than three years • Four percent of prison sentences greater than five years ASSET FORFEITURE LITIGATION Asset forfeiture counts filed in 1,992 criminal cases–up 18 percent A total of 1,807 civil asset forfeiture actions filed–down 20 percent Estimated recoveries of $199,043,103 in forfeited cash and property–down 36 percent OVERALL CIVIL LITIGATION • 79,854 cases filed or responded to–cases filed/responded to up one percent • 74,558 cases terminated–case terminations up one percent • 22,104 judgments, or 75 percent, were in favor of the United States • 17,227 settlements–23 percent of all cases terminated AFFIRMATIVE CIVIL LITIGATION • 8,545 cases filed–case filings down seven percent • 7,786 cases terminated–case terminations down one percent • 4,694 judgments, or 96 percent, were in favor of the United States • 1,109 settlements–14 percent of all cases terminated AFFIRMATIVE CIVIL ENFORCEMENT • 1,803 cases filed–case filings down 27 percent • 1,835 cases terminated–case terminations down 20 percent • 502 judgments, or 94 percent, were in favor of the United States •