U. S. Department of Justice
Executive Office for United States Attorneys
United States Attorneys’
Annual Statistical Report
Fiscal Year 2002
UNITED STATES ATTORNEYS’
ANNUAL STATISTICAL REPORT
FISCAL YEAR 2002
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 2002. 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 culminated during Fiscal Year 2002, and statistical tables displaying
both national and district caseload data. We have redesigned and streamlined the report for Fiscal Year
2002, to mirror priority areas identified in the Department of Justice’s Strategic Plan and Performance
Report. These priority areas 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 our appellate courts. The United States Attorneys, appointed to serve in
the 94 federal judicial districts throughout the United States, Puerto Rico, the Virgin Islands, Guam, and
the Northern Mariana Islands, 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 1 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 127 staffed branch offices, as of the end of Fiscal Year 2002.
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 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 2002 STATISTICAL HIGHLIGHTS
OVERALL CRIMINAL PROSECUTIONS
• 56,658 cases filed against 77,305 defendants– case filings up 6 percent
• 51,436 cases against 70,492 defendants terminated– case terminations up 3 percent
• 64,182 defendants convicted
• 91 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
VIOLENT CRIME
• 10,070 cases filed against 11,991 defendants– case filings up 15 percent
• 8,516 cases against 10,142 defendants terminated– case terminations up 9 percent
• 8,889 defendants convicted
• 88 percent conviction rate
• 89 percent of convicted defendants sentenced to prison
• 66 percent of prison sentences greater than 3 years
• 43 percent of prison sentences greater than 5 years
OVERALL NARCOTICS
• 17,284 cases filed against 30,014 defendants– case filings up 1 percent
• { 17,735 cases filed against 30,788 defendants– case filings up less than 1
percent– when drug cases diverted to the Violent Crime and Government
Regulatory/ Money Laundering Program Categories are included}
• 16,318 cases against 28,272 defendants terminated– case terminations up 4 percent
• 25,944 defendants convicted
• 92 percent conviction rate
• 91 percent of convicted defendants sentenced to prison
• 63 percent of prison sentences greater than 3 years
• 40 percent of prison sentences greater than 5 years
OCDETF
• 3,044 cases filed against 8,414 defendants– case filings down 3 percent
• { 3,143 cases filed against 8,605 defendants– case filings down 3
percent– when drug cases diverted to the Violent Crime Program
Category are included}
• 3,319 cases against 9,233 defendants terminated– case terminations up 14
percent
• 8,296 defendants convicted
• 90 percent conviction rate
• 91 percent of convicted defendants sentenced to prison
• 77 percent of prison sentences greater than 3 years
• 54 percent of prison sentences greater than 5 years
NON- OCDETF
• 14,240 cases filed against 21,600 defendants– case filings up 1 percent
• { 14,592 cases filed against 22,183 defendants– case filings
increased 1 percent– when drug cases diverted to the Violent Crime
and Government Regulatory/ Money Laundering Program
Categories are included}
• 12,999 cases against 19,039 defendants terminated– case terminations up
2 percent
• 17,648 defendants convicted
• 93 percent conviction rate
• 92 percent of convicted defendants sentenced to prison
• 56 percent of prison sentences greater than 3 years
• 34 percent of prison sentences greater than 5 years
IMMIGRATION
• 13,676 cases filed against 14,705 defendants– case filings up 9 percent
• 12,357 cases against 13,183 defendants terminated– case terminations up 2 percent
• 12,580 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
• 140 cases filed against 336 defendants– case filings down 35 percent
• { 186 cases filed against 466 defendants– case filings down 29
percent– when cases diverted to the Violent Crime Program Category are
included}
• 176 cases against 414 defendants terminated– case terminations down 12 percent
• 372 defendants convicted
• 90 percent conviction rate
• 67 percent of convicted defendants sentenced to prison
• 30 percent of prison sentences greater than 3 years
• 12 percent of prison sentences greater than 5 years
OFFICIAL CORRUPTION
• 460 cases filed against 668 defendants– case filings up 4 percent
• 399 cases against 527 defendants terminated– case terminations down 18 percent
• 476 defendants convicted
• 90 percent conviction rate
• 49 percent of convicted defendants sentenced to prison
• 24 percent of prison sentences greater than 3 years
• 14 percent of prison sentences greater than 5 years
WHITE COLLAR CRIME
• 6,252 cases filed against 8,820 defendants– case filings down 2 percent
• 6,073 cases against 8,395 defendants terminated– case terminations up 1 percent
• 7,575 defendants convicted
• 90 percent conviction rate
• 58 percent of convicted defendants sentenced to prison
• 16 percent of prison sentences greater than 3 years
• 5 percent of prison sentences greater than 5 years
ASSET FORFEITURE LITIGATION
C Asset forfeiture counts filed in 2,580 criminal cases– up 30 percent
C A total of 2,009 civil asset forfeiture actions filed– up 11 percent
C Estimated recoveries of $ 322,246,408 in forfeited cash and property– up 62 percent
OVERALL CIVIL LITIGATION
• 83,357 cases filed or responded to– cases filed/ responded to up 4 percent
• 77,141 cases terminated– case terminations up 4 percent
• 23,705 judgments, or 77 percent, were in favor of the United States
• 16,701 settlements– 22 percent of all cases terminated
AFFIRMATIVE CIVIL LITIGATION
• 9,273 cases filed– case filings up 9 percent
• 7,218 cases terminated– case terminations down 7 percent
• 4,581 judgments, or 96 percent, were in favor of the United States
• 930 settlements– 12 percent of all cases terminated
AFFIRMATIVE CIVIL ENFORCEMENT
• 1,914 cases filed– case filings up 6 percent
• 1,848 cases terminated– case terminations up 1 percent
• 516 judgments, or 90 percent, were in favor of the United States
• 521 settlements– 28 percent of all cases terminated
• $ 1.8 billion recovered
DEFENSIVE CIVIL LITIGATION
• 55,286 cases responded to– up 4 percent
• 52,010 cases terminated– up 6 percent
• 17,679 judgments, or 72 percent, were in favor of the United States
• 3,032 settlements– 6 percent of all cases terminated
CIVIL LITIGATION WHERE THE UNITED STATES IS OTHERWISE DESIGNATED
• 18,798 cases filed or responded to– up 3 percent
• 17,913 cases terminated– up 1 percent
• 1,445 judgments, or 91 percent, were in favor of the United States
• 12,739 settlements– 72 percent of all cases terminated
CRIMINAL AND CIVIL APPEALS
• 15,698 criminal and civil appeals filed
• 9,618 criminal appeals filed– up less than 1 percent
• 6,080 civil appeals filed– up 22 percent
• 83 percent of all criminal appeals terminated in favor of the United States
• 76 percent of all civil appeals terminated in favor of the United States
• 6,903 post- sentencing motions filed by incarcerated defendants– down 17 percent
TABLE OF CONTENTS
Page
Number
Message from the Director
Fiscal Year 2002 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 16
District of Columbia Superior Court 18
Fiscal Year 2002 Strategic Goals 20
Terrorism 20
Firearms 23
Narcotics Prosecutions 25
OCDETF 25
Non- OCDETF Drugs 27
Corporate Fraud 29
Civil Rights Prosecutions 30
Hate Crimes Arising out of Terrorist Attacks on the U. S. 31
Hate Crimes 32
Trafficking in Persons 33
Civil Rights - Law Enforcement 34
III. Asset Forfeiture Litigation 36
IV. Civil Litigation 40
Affirmative Civil Litigation 46
Affirmative Civil Enforcement 46
Bankruptcy 47
Defensive Civil Litigation 48
V. Criminal and Civil Appeals 50
Criminal Appeals 50
Post- Sentencing Motions 52
Civil Appeals 54
Page
Number
VI. Reconciliation of Federal Case Processing Data 56
VII. Conclusion 60
VIII. Detailed Statistical Tables 61
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 14
13 Criminal Cases Pending by Program Category 15
14 Criminal Defendants Filed in U. S. Magistrate Court 16
15 Criminal Defendants Terminated in U. S. Magistrate Court 17
16 Criminal Defendants Disposed of by Trial in U. S. Magistrate Court 17
Asset Forfeiture Charts
1 Criminal and Civil Asset Forfeiture Judgments Obtained 37
2 Criminal and Civil Asset Forfeiture Collections 38
Civil Charts
1 Civil Matters Received 40
2 Civil Cases Filed or Responded to 41
3 Civil Cases Terminated 42
4 Civil Cases Disposed of by Trial 42
5 Civil Cases Pending 43
6 Age of Pending Civil Cases 43
7 Civil Cases Filed or Responded to by Cause of Action 44
8 Civil Cases Pending by Cause of Action 45
Appeals Charts
1 Criminal Appeals Filed by or Against the United States 50
2 Criminal Appeals Filed by Program Category 51
3 Post- Sentencing Motions Filed by Incarcerated Defendants 53
4 Civil Appeals Filed by or Against the United States 54
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.
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;
< operational support; and
< coordination with other components of the Department and other federal agencies.
2 2002 Annual Statistical Report
These responsibilities include certain legal, budgetary, administrative, and personnel services, as well
as continuing legal education.
The United States Attorneys’ top priority during Fiscal Year 2002 was to disrupt and prevent
terrorist acts, and to prosecute 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.
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 2002. The Executive Office
for United States Attorneys worked diligently with the United States Attorneys during Fiscal Year 2002
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. 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 development,
publication, and maintenance of policy and procedural guidance represents an important aspect of that
program. Further, keeping internal control materials accessible using robust information technology
resources is one of the most important components of a healthy management program, where employees
can get the information when and where they need it to do their jobs. During Fiscal Year 2002, internal
controls covering the Financial Litigation Units in the United States Attorneys’ offices were developed
and added to the program.
Human Resources
Staffing
The United States Attorneys’ offices varied in size during Fiscal Year 2002 from 10.14 allocated
Assistant United States Attorney positions in the District of Guam to 363.52 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 5,304 full time equivalent ( FTE) attorneys and 5,384 FTE
support employees. See Overview Chart 1 below.
During Fiscal Year 2002, the United States Attorneys received 468 positions for counter-terrorism
to carry out the Attorney General’s terrorism prevention plan and to respond to the immediate
prosecutorial needs of those districts directly affected by recent terrorist acts against the United States.
Also, under the Administration’s “ Project Safe Neighborhoods” and “ Safe Schools for the 21st Century”
United States Attorneys 3
initiatives, 94 attorneys were allocated to establish new federal- state partnerships to identify and
prosecute juveniles who violate state and federal firearms laws. Additionally, 24 positions were allocated
to prosecute hackers and computer criminals who steal intellectual property, copyrighted works and other
trade secrets, embezzle assets using computer technology, create fraudulent or counterfeit currency,
financial instruments or identification documents, or engage in child pornography over the internet.
Finally, 14 positions were allocated to address the immigration workload generated from an increase in
habeas corpus petitions filed by non- returnable or “ post- order” detainees.
Assistant United States Attorneys constituted 53 percent of all Department attorneys and about
67 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 76 percent of attorney personnel were
devoted to criminal prosecutions and 24 percent to civil litigation during Fiscal Year 2002. Ninety- three
percent of all attorney work hours spent in United States District Courts were devoted to criminal
prosecutions and 7 percent to civil litigation. See Table 13.
During Fiscal Year 2002, a total of 929,949 attorney work hours were devoted to court- related
activity. This represented an increase of 13,971, or 2 percent, in the number of court- related work hours
when compared to Fiscal Year 2001. See Overview Chart 2 below, and Table 13. Increases were seen
in United States District Court for both criminal and civil work hours. The number of work hours
devoted to United States Magistrate Court increased again during Fiscal Year 2002, reflecting the
increased workload handled in the Magistrate Courts over the past several years.
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4 2002 Annual Statistical Report
Of the total court- related work hours, Assistant United States Attorneys spent 492,961 hours, or
53 percent, of their time in court. Sixty- three percent of their time in court was spent on criminal cases
in United States District Courts, 22 percent in United States Magistrate Courts, 5 percent on civil cases
in United States District Courts, and 6 percent on special hearings. The remaining 4 percent of the time
was spent in the United States Courts of Appeals, United States Bankruptcy Courts, and in state courts.
Of the other 436,988, or 47 percent, of the work hours, 12 percent was spent on grand jury proceedings,
21 percent on court travel time, and 67 percent on witness preparation.
Training
Fiscal Year 2002 was the most successful year of operation for the National Advocacy Center
( NAC) since its inception in April 1998. 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 NAC. During Fiscal Year 2002,
the Executive Office for United States Attorneys conducted training for nearly 14,000 students at the
NAC. Approximately 10,000 of the students attending the Executive Office for United States Attorneys’
225 on- site courses were Department employees. The remaining 4,000 students were employees in legal
positions in other departments of the government. Another 5,500 students were trained through the
Executive Office for United States Attorneys’ distance learning programs ( videos and satellite
broadcasts). In addition to the Executive Office for United States Attorneys’ students, NDAA and
EOUST conducted 69 courses for an additional 3,905 students during the year.
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United States Attorneys 5
Nearly one- third of the students who received training at the NAC during Fiscal Year 2002
attended courses in the topical areas covered in the Fiscal Year 2002 Strategic Plan and Performance
Report. Those courses were as follows:
Anti- Terrorism 8 courses 1,450 students*
Drug Enforcement 7 courses 870 students
Civil Rights Enforcement 2 courses 117 students
Corporate Fraud 2 courses 355 students
Sound Management 25 courses 1,430 students
* An approximate 25,000 students were trained at 2 Anti- Terrorism Conferences via satellite in January
2002.
The schedule of courses each year is established in accordance with annual prosecutive priorities
and the introduction and maintenance of sound management. These courses are conducted for Assistant
United States Attorneys and legal personnel in United States Attorneys’ offices and the Department, as
well as legal personnel in other federal agencies.
The Justice Television Network continued to expand during Fiscal Year 2002 in the variety of
subject matter broadcasts that were aired to supplement in- house training. Presently, 220 sites receive
60 hours of broadcasts each week. During the year, almost 300 hours of broadcasting was dedicated to
the Department’s Strategic Goals: Anti- Terrorism ( 123 hours); Drug Enforcement ( 72 hours); Civil
Rights Enforcement ( 18 hours); Corporate Fraud ( 54 hours); and Sound Management ( 30 hours).
6 2002 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 2002, the United States Attorneys
also continued in 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 2002.
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, the Immigration and Naturalization Service, the Bureau of Alcohol, Tobacco, and Firearms,
the United States Customs Service, 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 the appropriateness of bringing criminal charges and, when deemed appropriate,
initiates 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 convince the jury, or the
judge in a non- jury trial, of 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 2002, the United States Attorneys’ offices received 109,173 criminal matters,
an increase of 2,127, or 2 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, and Table 11. Matters received
includes immediate declinations in addition to later declinations and files initiated in any court.
The offices reviewed and immediately or later declined a total of 34,115 criminal matters during
the year. See Criminal Chart 2 below, and Tables 18 and 19. As reflected on Tables 18 and 19, the reasons
most commonly reported for the declination of these matters included weak or insufficient evidence,
suspect to be prosecuted by another authority, lack of criminal intent, minimal federal interest, office
policy, agency request, and no federal offense committed.
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8 2002 Annual Statistical Report
As of the end of Fiscal Year 2002, a total of 70,482 criminal matters were pending, a decrease of
1,321, or 2 percent, when compared to the prior year. Of these, 9,179, or 13 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 14. Of all pending matters, 46,200, or 66 percent, had been pending for 24 months
or less, and 54,472, or 77 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 39,306 criminal matters during Fiscal Year 2002 in
which grand jury proceedings were conducted, an increase of 3,139, or 9 percent, over the previous year.
See Table 11. Criminal Chart 3 below reflects the number of matters in which grand jury proceedings were
conducted over the past 10 years.
During Fiscal Year 2002, the United States Attorneys’ offices filed 56,658 criminal cases against
77,305 defendants in United States District Courts. See Criminal Chart 4 below, and Table 1. This
represents a 6 percent increase in cases filed and a 5 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 2002 was in the violent crime program category which
showed an increase of 15 percent in the number of cases filed, when compared to the prior year. Increases
were also observed in the number of immigration cases filed, which increased by 9 percent, official
corruption cases filed, which increased by 4 percent, and terrorism/ anti- terrorism cases filed, which
increased by 2,126 percent.
See Criminal Chart 12 for a display of criminal cases filed by program category, or case type, for
Fiscal Years 2001 and 2002. Criminal Charts 4 through 12 do not include United States Magistrate Court
or appellate cases.
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United States Attorneys 9
A total of 51,436 cases against 70,492 defendants were also terminated during Fiscal Year 2002,
representing an increase of 3 percent in the number of cases terminated and 3 percent in the number of
defendants terminated when compared to the prior year. See Criminal Chart 5 below.
A total of 3,445, or 5 percent, of the terminated defendants were disposed of by trial. See Criminal
Chart 6 below, and Table 2.
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10 2002 Annual Statistical Report
Of the 70,492 defendants terminated during Fiscal Year 2002, 64,182, or 91 percent, either pled
guilty or were found guilty. See Criminal Chart 7 below, and Table 3. The rate of conviction equals that
of Fiscal Year 2001, and continues to represent the highest conviction rate over the past several years. The
highest conviction rate of any program category is seen in immigration cases, where 95 percent of all
defendants terminated during Fiscal Year 2002 were convicted.
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United States Attorneys 11
During Fiscal Year 2002, a total of 61,280, or 96 percent, of all convicted defendants pled guilty
prior to or during trial. This represents a 2 percent increase in the percentage of convicted defendants who
pled guilty when compared to the prior year.
Of the 64,182 defendants who either pled guilty or were found guilty during the fiscal year, 52,016,
or 81 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
1993, when 72 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 68 percent in Fiscal Year 1993 to 87 percent in Fiscal Year 2002. A total
of 212 guilty defendants received sentences of life in prison during Fiscal Year 2002. See Criminal Charts
8 and 9 below.
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12 2002 Annual Statistical Report
As of the end of Fiscal Year 2002, 61,360 criminal cases against 91,596 defendants were pending.
This represents an increase of 6 percent in the number of cases pending and 4 percent in the number of
defendants pending, when compared to the prior year. See Criminal Chart 10 below, and Table 1.
Of the 61,360 pending criminal cases, 38,472, or 63 percent, had been pending for 24 months or
less, and 43,364, or 71 percent, had been pending for 36 months or less. See Table 15. In 25 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.
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United States Attorneys 13
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 2001 and 2002. Criminal Chart 13 does not include cases pending in
United States Magistrate Court or pending appellate cases.
14 2002 Annual Statistical Report
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United States Attorneys 15
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16 2002 Annual Statistical Report
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 19,970 defendants in United States Magistrate Courts
during Fiscal Year 2002. This represents a decrease of 3 percent when compared to the prior year. See
Criminal Chart 14 below, and Table 1. A total of 16,256 defendants were also terminated during the year,
which represents no change when compared with Fiscal Year 2001. See Criminal Chart 15 below. As of
the end of Fiscal Year 2002, criminal cases against 21,677 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 2001. See Table 1. Petty offenses handled in United States Magistrate
Courts are not included in this data.
[ D]
United States Attorneys 17
Of the defendants terminated in United States Magistrate Courts during Fiscal Year 2002, 952, or
6 percent, were terminated after a court or jury trial. See Criminal Chart 16 below, and Table 2A. This
represents a decrease of 73 defendants disposed of by trial, or 7 percent, when compared to the prior year.
[ D]
[ D]
18 2002 Annual Statistical Report
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 5 litigation sections: the Misdemeanor Trial Section; the
Community Prosecution/ Grand Jury/ Intake Section; the Felony Trial Section; the Sex Offense/ Domestic
Violence Section; and the Homicide/ Major Crimes Section. The Superior Court Division was reorganized
in the spring of 2002, when the former Homicide Section was merged with the Major Crimes Section,
except for the handling of those homicides relating to child deaths, sex offenses, or those committed in a
domestic violence setting. These investigations are now handled by the Sex Offense/ Domestic Violence
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 ( Operation Ceasefire), 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 2002. This
data is not included in the other charts and tables contained in this report.
Total 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 8,385 37.9% 6,482 77.3% 1,903 22.7% 5,455 65.1%
Misdemeanor 13,722 62.1% 10,561 77.0% 3,161 23.0% 10,295 75.0%
Total 22,107 100% 17,043 77.1% 5,064 22.9% 15,750 71.2%
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 293 194 66.2% 95 32.4% 4 1.4%
Misdemeanor 9 5 55.6% 4 44.4% 0 0.0%
Total 302 199 65.9% 99 32.8% 4 1.3%
[ D]
United States Attorneys 19
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 74 51 68.9% 23 31.1% 0 0.0%
Misdemeanor 612 377 61.6% 235 38.4% 0 0.0%
Total 686 428 62.4% 258 37.6% 0 0.0%
Case Dispositions
Number of
Guilty Pleas
Number of
Dismissals
Felony 3,400 1,688
Misdemeanor 3,087 6,587
Total 6,487 8,275
Convictions
Number of
Convictions
Conviction
Rate
Felony 3,767 69.1%
Misdemeanor 3,708 36.0%
Total 7,475 47.5%
20 2002 Annual Statistical Report
Fiscal Year 2002 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 2002
prosecution priorities are addressed separately below.
Terrorism
The Attorney General redefined the strategic goals of the Department in response to the
terrorist attacks of September 11, 2001. The primary strategic goal now is to protect America
against the threat of terrorism. The objectives to achieve this goal are three- fold: 1) prevent, disrupt,
and defeat terrorist operations before they occur; 2) develop and implement the full range of
resources available to investigate terrorist incidents, bringing their perpetrators to justice; and 3)
vigorously prosecute those who have committed, or intend to commit, terrorist acts against the
United States. To achieve these objectives, the Department and the United States Attorneys have
focused attention and resources on work to eliminate terrorist networks, to prevent terrorist attacks,
and to bring to justice those who kill Americans in furtherance of their ideologies.
During Fiscal Year 2002, the Attorney General directed the United States Attorneys to
establish an Anti- Terrorism Task Force ( ATTF) in each district. The United States Attorneys
immediately pursued this task and established an ATTF within 30 days of the issuance of the
directive. The ATTF in each district is supervised by the United States Attorney and coordinated
by one experienced prosecutor from the United States Attorney’s office. The ATTF is designed 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.
On November 13- 15, 2001, an Anti- Terrorism Conference was held in Washington, D. C.,
for the newly appointed ATTF Coordinators in each district. Topics addressed during this
conference included an Overview of Anti- Terrorism Efforts, Overview of Terrorism- Related
Statutes, Handling and Use of Classified Information, Foreign Intelligence Surveillance Act,
Classified Information Procedures Act, Immigration, Information Sharing, Crisis Management,
Domestic Terrorism Investigations, Terrorism Intelligence Briefing, Anthrax, and Financial
Investigations. The Attorney General, Deputy Attorney General, and FBI Director addressed the
ATTF Coordinators at the conference.
The Attorney General also directed the Executive Office for United States Attorneys, through
its Office of Legal Education ( OLE), to develop Anti- Terrorism training for state and federal
prosecutors and federal, state, and local law enforcement throughout the country by January 15,
2002. On January 7- 11, 2002, OLE, via its Justice Television Network ( JTN), conducted two, two-day
teleconferences that were broadcast by satellite to the United States Attorneys’ offices around
the country. Each office was encouraged to invite representatives from its ATTF to view the
teleconference. The estimated audience over the 4 days was 25,000 viewers. Topics addressed
United States Attorneys 21
during the teleconference included Counter- Terrorism Threat Assessment, Methods of Operation and
al Qaeda, Overview of Terrorism, Community Threat Assessment, and Immigration Issues. Each
office was provided equipment to videotape the teleconference for use in its anti- terrorism training
throughout the district. In addition, a videotape order form enabled ATTF Coordinators to order sets
of videotapes and materials which were sent directly to appropriate law enforcement.
To supplement the training received through the teleconference, OLE worked closely with
the Criminal Division’s Terrorism and Violent Crime Section and the Federal Bureau of
Investigation to develop a series of regional conferences. These regional conferences were held on
April 17- 19, 2002, in San Diego, California; May 21- 23, 2002, in Washington, DC; July 16- 18,
2002, in Atlanta, Georgia; July 30 - August 1, 2002, in Chicago, Illinois; August 13- 15, 2002, in
Dallas, Texas; and August 27- 29, 2002, in Denver, Colorado. Each ATTF Coordinator was
permitted to invite members of the ATTF in his or her district. Coordinators were encouraged to
invite a representative sample of the ATTF, including representatives from federal, state, and local
law enforcement. Approximately 250 federal and state prosecutors, and federal, state, and local law
enforcement officials were trained at each conference. Topics addressed at the conferences included:
Overview and Role of Anti- Terrorism Task Forces; Information Sharing on Federal, State, and Local
Levels; Domestic Terrorism; International Terrorism; Pentbomb; Immigration Issues; Terrorist
Financing; and Counter- Terrorism for Law Enforcement.
Finally, an ATTF Coordinators Conference was held at the National Advocacy Center in
Columbia, South Carolina, on September 18- 20, 2002. Participants included 136 Assistant United
States Attorneys and Department attorneys. Fifty- seven of the Assistant United States Attorneys
were ATTF Coordinators. Thirteen of the attendees were Department attorneys in the Criminal
Division’s Terrorism and Violent Crime Section. The purpose of the conference was to convene all
attorneys working on the Anti- Terrorism Task Forces approximately 1 year after their designation
to discuss the status and roles of the ATTF and other issues, initiatives, or strategies that had arisen.
Although a specific performance measure was not included for the ATTFs in the
Department’s Performance Plan, the 93 task forces collectively had over 6,000 federal, state, and
local law enforcement and public safety related agencies participating by the close of Fiscal Year
2002. The ATTF Coordinators provided leadership in 3 major arenas: legal and policy coordination;
information sharing; and training. All indications are that the ATTFs were a major force multiplier
in preventing, disrupting, and defeating terrorist operations.
During Fiscal Year 2002, the United States Attorneys filed a total of 1,046 terrorism and
anti- terrorism cases against 1,112 defendants. This includes international and domestic terrorism,
terrorism- related financing, 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 394 cases against 428 defendants were also
terminated in Fiscal Year 2002. Of those defendants whose cases were terminated, 86 percent were
convicted.
22 2002 Annual Statistical Report
Examples of successful terrorism or anti- terrorism prosecutions handled by the United States
Attorneys during Fiscal Year 2002 include the following:
In the Southern District of Florida, a defendant and co- defendant were
sentenced to 4 years and 10 months in prison and 11 years and 8 months in prison,
respectively, for their roles in a plot to damage and destroy electrical power facilities
in South Florida. Both the defendant and co- defendant pled guilty to 1 count of
conspiracy to damage and destroy property by means of fire and explosives. The
defendant, a naturalized United States citizen, admitted to conspiring with his co-defendant
to attack targets in South Florida for a “ jihad” mission in which they
planned to bomb electrical power stations and a National Guard Armory. These
attacks were then to be followed by a list of demands on the United States
government and other governments around the world.
In the District of Massachusetts, the “ shoe bomber” was sentenced to life
in prison and ordered to pay a $ 2 million fine for terrorist acts, including his attempt
to ignite explosive bombs located in his footwear while a passenger on an American
Airlines flight. The defendant, who received al Qaeda training in Afghanistan, pled
guilty on October 4, 2002.
In the Western District of New York, 3 of 6 American men accused of
attending an al Qaeda training camp in Afghanistan pled guilty to providing material
support to Usama bin Laden and al Qaeda. In their guilty pleas, the defendants
admitted to receiving training in terrorist tactics and strategy at the al Farooq camp,
including the use of weapons and explosives. They said bin Laden visited the camp
and spoke to trainees about becoming martyrs for the cause. The defendants who
pled guilty are cooperating with the government in the ongoing investigation.
In the Western District of North Carolina, jury verdicts and guilty pleas
were obtained against members of a secret Hizballah cell for racketeering and
material support to Hizballah to fund their operatives in Lebanon engaged in violent
activities in northern Israel. Seventeen defendants have been sentenced, ranging
from 155 years in prison, to 4 years and 3 months in prison, to 1 year of probation.
In the District of Utah, a Salt Lake City resident pled guilty to operating an
unlicenced money transmitting business, admitting that he and his associates made
a series of bank transfers from Salt Lake City banks to an account at Arab Bank in
Amman, Jordan, that was controlled by his brother. The defendant was sentenced to
4 months in prison to be followed by 3 years of supervised release.
In the Eastern District of Virginia, a defendant pled guilty and was
sentenced to 20 years in prison for aiding the Taliban.
United States Attorneys 23
The United States Attorneys and the ATTF Coordinators worked with other federal, state,
and local agencies to pursue the full range of available remedies against those intending, committing,
or supporting terrorist acts against the United States. The United States Attorneys will continue to
use criminal prosecution, immigration proceedings, and seizure of financial assets to bring
perpetrators to justice and to deter individuals from committing acts of terrorism in the future.
Firearms
Enforcing federal criminal laws is the second strategic goal in the Department’s Strategic
Plan. Achieving this goal requires the investigation and prosecution of a diverse and challenging
array of criminal offenses, first and foremost of which are violent crimes offenses, particularly those
involving firearms. During Fiscal Year 2002, Project Safe Neighborhoods Task Forces across the
nation continued to work to implement the coordinated strategy to reduce gun violence. These task
forces were led by the United States Attorney in each of the federal judicial districts. On May 14,
2001, the President and the Attorney General, along with the Bureau of Alcohol, Tobacco and
Firearms, 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 on the successful programs already in place or creates effective gun violence reduction
programs. PSN consists of 5 essential elements: partnership; strategic planning; training;
community outreach and public awareness; and accountability.
Recognizing that each district has varying problems, PSN does not mandate a single program
to be implemented in every district. PSN provides that each district tailor the 5 essential elements
to meet their individual needs and violence problems. Each local program is contoured to fit the
unique gun problem in a district. In fact, local initiatives often have their own name, such as Project
I. C. E., Exile, Ceasefire, FACE, and others that reflect the local emphasis and approach. PSN also
emphasizes the need to coordinate existing local programs that target gun crime, promote heightened
coordination among federal, state, and local agencies, and increase resources at the federal and local
levels.
The United States Attorneys rely on stiff federal penalties and the joint efforts of federal,
state, and local law enforcement agencies to prosecute firearms offenders successfully. During
Fiscal Year 2002, the United States Attorneys charged a total of 10,634 defendants with firearms
offenses under 18 U. S. C. 922 or 924 in 8,534 criminal cases. When compared with the prior year,
this represents a 20 percent increase in the number of defendants filed and a 21 percent increase in
the number of cases filed. The 10,634 defendants filed in Fiscal Year 2002 included those charged
in cases that were handled by the United States Attorneys’ offices as purely firearms cases, and
defendants charged with firearms offenses in any other criminal cases, such as narcotics cases,
organized crime cases, violent crime in Indian Country cases, or other violent crime cases such as
bank robberies. Eighty- Nine percent of all defendants who were terminated during the year were
convicted, the highest conviction rate over the last several years. Of the convicted defendants, 7,186,
or 93 percent, were sentenced to prison. Of the defendants sentenced to prison, 3,614, or 50 percent,
were sentenced to terms of 5 or more years in prison, including 64 life sentences.
24 2002 Annual Statistical Report
Examples of successful firearms prosecutions handled by the United States Attorneys during
Fiscal Year 2002 include the following:
In the Western District of Michigan, a defendant was sentenced to 15 years
and 8 months in prison after pleading guilty to federal charges of possessing an
unregistered sawed- off shotgun and being a convicted felon in possession of 4 rifles
and 6 shotguns, 1 of which had been shortened to less than 14 inches. The guns were
discovered during a search of the defendant’s home and truck after the Baraga
County Sheriff's Department responded to a report that the defendant had threatened
to shoot one of his neighbors, which was followed by reports of gunshots in the
woods outside the defendant's home. Among his prior felony convictions are a 1973
conviction for burglary, a 1979 conviction for attempted felonious assault, and a
1992 conviction for felony assault with a dangerous weapon. These 3 convictions
were crimes of violence and, accordingly, the defendant was sentenced as an armed
career criminal under the United States Sentencing Guidelines. This case was
brought as part of the Western District of Michigan’s Project Safe Neighborhoods
program in the Upper Peninsula.
In the Southern District of Mississippi, as part of Project Safe
Neighborhoods and Operation Ceasefire, a 61- year- old defendant was sentenced to
more than 22 years in federal prison as an armed career criminal. The defendant was
arrested while trying to make his getaway after robbing the Payless ShoeSource Store
in Clinton, Mississippi, with a firearm. He had previously been convicted of 3
violent felonies, including assault with intent to commit robbery, attempted sexual
battery of a child, and indecent behavior with a juvenile. The judge sentenced the
defendant to 15 years and 8 months in prison for being a convicted felon in
possession of a firearm and a consecutive 7 years for brandishing the gun during the
commission of the robbery.
In the District of Nevada, a defendant was sentenced to 12 years and 7
months in prison following his convictions for bank robbery and being a felon in
possession of a firearm. The defendant was first arrested by state authorities on the
firearm charge and was released on bail. Under the Project Effect/ Project Safe
Neighborhoods program in the district, the case was referred by the Las Vegas
Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to the United States Attorney’s office for prosecution. The defendant was
subsequently indicted, and a warrant was issued for his arrest. Prior to his arrest on
the federal charge and while out on bail, the defendant committed 2 bank robberies.
He was ultimately arrested by police and the Federal Bureau of Investigation, and
was indicted federally for bank robbery. The defendant pled guilty to 1 count of bank
robbery and 1 count of felon in possession. At sentencing, the court rejected his
motion for a downward departure, finding that he was a career criminal.
United States Attorneys 25
In the Middle District of Tennessee, a defendant was sentenced as a career
offender to 21 years and 10 months in prison after a federal jury convicted him on
charges of being a felon in possession of a firearm and possession with intent to
distribute cocaine. The defendant's history of criminal offenses stretched from 1974-
1997. On January 5, 2001, members of the Maury County Drug Task Force executed
a search warrant at the defendant's home and found quantities of marijuana and
cocaine, a loaded Marlin .22 caliber model 60W rifle, triple beam scales, and digital
scales. This case was investigated and prosecuted under the Project Safe
Neighborhoods initiative that partners local and state law enforcement and
prosecutors with federal agencies to reduce gun violence by prosecuting violators to
the fullest extent possible.
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 Administration, through the Office of National Drug Control Policy, announced the goal
of domestic demand reduction for illegal drugs of 10 percent in 2 years and 25 percent in 5 years.
During Fiscal Year 2002, each United States Attorney’s office took an active role in working with
federal, state, and local law enforcement officials to coordinate demand reduction efforts.
During Fiscal Year 2002, the United States Attorneys filed 17,735 cases against 30,788 drug
defendants. These cases included both OCDETF and non- OCDETF drug cases as well as those drug
cases classified under Violent Crime. The number of cases filed represents a 1 percent increase
when compared with Fiscal Year 2001. A total of 16,696 cases against 28,901 defendants were also
terminated, representing an increase of 4 percent in the number of cases terminated when compared
to the prior year. Ninety- two percent of the defendants who were terminated in Fiscal Year 2002
were convicted. Of the convicted defendants, 91 percent were sentenced to prison.
OCDETF
This year marked the twentieth anniversary of the creation of the OCDETF Program. Under
the OCDETF Program, attorneys across the country work closely with agents from federal
investigative agencies and state and local law enforcement officials to target the most serious drug
trafficking offenders and to dismantle drug organizations through sophisticated investigations and
prosecutions. During Fiscal Year 2001, the Department began work to reinvigorate the OCDETF
Program. During Fiscal Year 2002, several improvements were made to the program, including the
26 2002 Annual Statistical Report
focus of law enforcement efforts on specific targets believed to be primarily responsible for the
nation’s drug supply, and to identify related investigations nationwide.
During Fiscal Year 2002, the United States Attorneys filed 3,143 OCDETF cases against
8,605 defendants. In addition, the United States Attorneys terminated 3,405 OCDETF cases against
9,397 defendants, representing a 13 percent increase in cases terminated and an 11 percent increase
in defendants terminated when compared with the prior year. A total of 8,442 defendants, or 90
percent of all terminated defendants, were convicted, with 91 percent of all convicted defendants
sentenced to prison. Fifty- four percent of the defendants were sentenced to prison for greater than
5 years.
Examples of OCDETF drug cases successfully prosecuted by the United States Attorneys
during Fiscal Year 2002 include the following:
In the Southern District of California, a defendant was sentenced to 30
years in prison after he pled guilty to engaging in a continuing criminal enterprise and
conspiracy to launder drug proceeds. Throughout the 1990s, the defendant was a
principal figure in the Arellano Felix Drug Trafficking Organization ( AFO), also
know as the Tiajuana Cartel, and directed an operation responsible for smuggling
tons of cocaine from Mexico into the United States. The extradition of the
defendant, a Mexican national, was the first extradition from Mexico to the United
States of a high- ranking member of the AFO and followed numerous challenges by
the defendant to the United States/ Mexico Extradition Treaty.
In the Western District of Texas, 2 defendants were each sentenced to life
in prison after a jury convicted them of running a continuing criminal enterprise that
distributed approximately 75 tons of marijuana through the West Texas area and
other parts of the United States. A third defendant pled guilty before trial to running
a continuing criminal enterprise involving more than 30,000 kilograms of marijuana
and was sentenced to 21 years in prison. More than 25 defendants connected to this
drug distribution operation have been convicted.
In the Southern District of New York, 9 defendants pled guilty and 2
defendants were convicted by a jury for participating in an 11- member international
conspiracy that laundered tens of millions of dollars of cocaine proceeds from New
York and Miami to narcotics traffickers in Colombia. The defendants’ criminal
organization controlled a clothing business in the heart of the Garment District and
used the storefront to receive millions of dollars of narcotics proceeds stuffed in
suitcases and bags. After the drug proceeds were collected, the organization
laundered the money back to narcotics traffickers in Colombia through a
sophisticated network of companies and bank accounts stretching from New York
to Florida, to Panama, to the Isle of Man, and to China. The leader of the
organization was sentenced to 10 years in prison. The other defendants were
sentenced to prison terms ranging from 1 to 8 years.
United States Attorneys 27
In the Northern District of Iowa, 21 defendants were convicted as part of
an investigation into methamphetamine, cocaine, and marijuana trafficking from
1998 through 2002 in the Mason City, Iowa, area. Those convicted in this drug
trafficking organization distributed more than 350 pounds of methamphetamine, 5
pounds of cocaine, and 1,200 pounds of marijuana. The drugs had a street value of
more than $ 18 million. During the course of the investigation, the government
confiscated 33 firearms and forfeited approximately $ 107,650 in cash. The
defendants’ sentences ranged from 5 and a half years to 31 years in prison.
In the Middle District of Tennessee, a husband and wife were sentenced to
15 and a half years and 2 and a half years in prison, respectively, for their roles in a
Los Angeles- based marijuana trafficking and money laundering organization that
shipped marijuana in Federal Express and other express mail packages to Nashville.
The narcotics organization distributed more than 1,000 kilograms of marijuana
during a 2- year period.
In the Western District of Pennsylvania, a defendant pled guilty and was
sentenced to life in prison for conducting a criminal enterprise in connection with the
largest heroin and cocaine organization ever prosecuted in the district. In addition,
the court ordered the defendant to forfeit numerous pieces of real and personal
property.
Non- OCDETF Drugs
In addition to OCDETF cases, the United States Attorneys also filed a total of 14,592 non-
OCDETF drug cases against 22,183 defendants during Fiscal Year 2002. A total of 13,291 non-
OCDETF cases against 19,504 defendants were also terminated during the year, representing an
increase of 2 percent in the number of cases terminated when compared to the prior year. Ninety-three
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 2002 include the following:
In the Central District of California, a defendant was sentenced to life in
prison for his role in a conspiracy that sold more than 40,000 gallons of a hydriodic
acid that was used in the manufacture of methamphetamine. A fugitive since his
indictment in 1994, the defendant was arrested last year in Las Vegas, where he was
living under an assumed name. He went to trial and was convicted of 29 felony
counts, including conspiracy to aid and abet the manufacture of methamphetamine,
possession of a listed chemical knowing it would be used to manufacture
methamphetamine, and money laundering. The defendant and several co- defendants
28 2002 Annual Statistical Report
created front companies to purchase chemicals that were then sold to
methamphetamine manufacturers. The defendant convinced chemical wholesalers
to sell him hydriodic acid by claiming that it was going to be used to mine gold. To
support this claim, the defendant provided the chemical companies with fraudulently
obtained documents that purportedly showed his interest in land mining operations
in the Mojave Desert. The defendant used the front companies to launder more than
$ 1 million in illicit proceeds.
In the Northern District of Indiana, a defendant was sentenced to life in
prison after his jury conviction for conspiracy to distribute narcotics. The mandatory
life sentence resulted from his 2 prior felony drug convictions and his delivery of
more than 50 grams of crack cocaine. On a third count of the indictment, the
defendant was also sentenced to 21 years and 10 months in prison.
In the Eastern District of Kentucky, a doctor was sentenced to 20 years in
prison for his conviction on charges of illegally dispensing Oxycontin. Testimony
at trial revealed that shortly after the defendant, an urologist, opened a clinic in
Harlan, Kentucky, in October 2000, crowds started waiting in line to see the doctor.
In one instance, after having his clinic open for 14 hours, the defendant continued to
see patients by flashlight after a power outage occurred. When local pharmacists
began refusing to fill prescriptions for Oxycontin written by him, he began sending
patients to pharmacies in Tennessee and Virginia. They, too, refused to fill
Oxycontin prescriptions written by the defendant after having filled 1,000 in 1
month. The defendant was held accountable for more than 87,000 dosage units of
Schedule II controlled substances. He received a two- level enhancement at
sentencing for abuse of trust, and was also ordered to forfeit $ 17,000 as proceeds
from his activity. The defendant had practiced medicine in Michigan until his state
conviction for income tax evasion.
In the Northern District of Texas, a defendant and his brother were each
sentenced to life in prison and a co- defendant was sentenced to almost 20 years in
prison following their conviction for conspiracy and possession with intent to
distribute cocaine base. The charges stemmed from crack cocaine seizures at the
Lubbock International Airport in October 2000 and the Shreveport, Louisiana, bus
station in February 2001. The brothers ran an elaborate drug operation that involved
manufacturing crack cocaine from cocaine powder and sending conspirators, usually
females, to towns around the Lubbock area, including San Angelo, Abilene,
Amarillo, and Lamesa, setting them up in motels or rented houses, and supplying
them with crack cocaine to sell in those areas. The brothers distributed multi-kilogram
loads of crack cocaine from northern Texas to Georgia using female
couriers to " body carry" the crack cocaine on buses and airplanes.
In the Southern District of West Virginia, a gastroenterologist practicing
in Lewisburg, West Virginia, was sentenced to 6 years and 5 months in prison for
United States Attorneys 29
illegally distributing Oxycontin. The defendant unlawfully prescribed a variety of
controlled substances, including Percocet, hydrocodone, and Xanax, to several
different individuals over a 10- month period in exchange for sexual favors.
Corporate Fraud
On July 9, 2002, the President established the Corporate Fraud Task Force to direct the
investigation and prosecution of significant cases of corporate fraud committed by corporations and
their directors, officers, professional advisors, and employees. The Department’s objectives in
corporate fraud prosecutions include: ( 1) deterring fraud through serious sanctions for criminal
conduct so as to restore confidence in the integrity of investments; ( 2) obtaining restitution and
redress for victims; and ( 3) punishing offenders who have abused the trust of the investing
community.
Members of the Corporate Fraud Task Force include the United States Attorneys from the
following districts: 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. The importance of inter- agency cooperation in the
investigation and prosecution of corporate wrong- doers was evidenced by the inclusion of members
on the Corporate Fraud Task Force from other agencies, namely, the Secretary of the Treasury, the
heads of the Securities and Exchange Commission ( SEC), the Commodities Futures Trading
Commission, the Federal Energy Regulatory Commission, the Federal Communications
Commission, and the Chief of the United States Postal Inspection Service. United States Attorneys’
offices work with these agencies, as well as the Federal Bureau of Investigation and the
Department’s Criminal Division, in pursuing corporate fraud cases.
Specialized training was designed and conducted to better equip prosecutors to combat
corporate fraud. In September 2002, the Deputy Attorney General convened all United States
Attorneys and representatives from the other agencies represented on the task force for a Corporate
Fraud Conference in Washington, D. C. The President, Attorney General, Deputy Attorney General,
Chairman of the SEC, and other representatives of the Task Force addressed the attendees.
Subsequently, the Deputy Attorney General directed the Executive Office for United States
Attorneys to replicate this training effort for line prosecutors who handle corporate fraud matters.
The training will occur during Fiscal Year 2003.
Since the inception of the Corporate Fraud Task Force, United States Attorneys’ offices have
opened more than 130 corporate fraud matters and charged more than 180 defendants. Over 50
convictions were obtained during this short time period. The Executive Office for United States
Attorneys will begin to formally track corporate fraud cases as a part of its case management system
as of January 1, 2003. Included below is a small sampling of some of the more significant corporate
fraud prosecutions undertaken by the United States Attorneys’ offices since the inception of the
Corporate Fraud Task Force. Because the task forces were only established in July 2002, most of
the defendants convicted in the corporate fraud cases were not yet sentenced by the end of Fiscal
Year 2002.
30 2002 Annual Statistical Report
Examples of corporate fraud cases successfully prosecuted by the United States Attorneys
during Fiscal Year 2002 include the following:
In the Central District of California, guilty pleas were obtained from 3
Homestore. Com, Inc., executives who fraudulently inflated the company’s revenues
by over $ 30 million through a series of transactions known as “ round- tripping” in
which the online real estate listing giant bought and sold services solely to increase
revenue.
In the Northern District of California, the Chief Financial Officer of Media
Vision, Inc., a Silicon Valley technology company, was sentenced to 3 years and 5
months in prison to be followed by 3 years of supervised release, after a conviction
by a jury of a scheme to inflate the company’s earnings and income and to mislead
company stockholders. This conviction followed guilty pleas by the company’s
Chief Executive Officer, Chief Operating Officer, the Sales Vice President, and the
Controller.
In the District of Maryland, a former Allfirst Bank currency trader pled
guilty to bank fraud after being charged with making false entry into bank records
that caused the bank to lose more than $ 691 million. The defendant was sentenced
to 7 years and 6 months in prison, 5 years of supervised release, and restitution of the
$ 691 million.
In the Southern District of New York, the former WorldCom Comptroller
and 3 former accounting employees pled guilty to securities fraud violations in
connection with their participation in a scheme to defraud investors and the public
regarding the financial condition and operating performance of the company. These
guilty pleas came within just a few months of the irregularities being discovered.
In the Northern District of Oklahoma, an executive of Commercial
Financial Services pled guilty to charges of conspiracy to commit mail fraud, bank
fraud, and money laundering in connection with his ownership of the company.
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, hate crimes, trafficking in persons, police and
other official misconduct, and violations of voting rights.
United States Attorneys 31
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 2002, the United States Attorneys filed 81 criminal civil rights cases
against 115 defendants. The United States Attorneys also terminated a total of 85 cases against 135
defendants. This represents no change in the number of cases terminated but an increase of 22
percent in the number of defendants terminated when compared to Fiscal Year 2001. Eighty- eight
percent of the defendants whose cases were terminated during the year were convicted, with 79
percent of the convicted defendants sentenced to prison.
Hate Crimes Arising Out of Terrorist Attacks on the United States
After the events of September 11, 2001, the prosecution of those who perpetrated threats or
violence against individuals who were perceived to be of Middle- Eastern origin became a priority
of the Department. The Civil Rights Division, the Federal Bureau of Investigation, and the United
States Attorneys’ offices are working together to investigate incidents and prosecute cases involving
violence or threats against individuals perceived to be of Middle- Eastern origin. During Fiscal Year
2002, a total of 11 cases against 12 defendants were filed. Also during the year, 10 cases against 10
defendants were terminated. All of the defendants whose cases were terminated during the year were
convicted, with 80 percent of the convicted defendants sentenced to prison.
Examples of cases successfully prosecuted by the United States Attorneys during Fiscal Year
2002 include the following:
In the District of Utah, a defendant pled guilty to the arson of a Pakistani-
American restaurant in Salt Lake City. The defendant poured gasoline onto a side
wall of the restaurant and lit it in an effort to destroy the building. He was sentenced
to 4 years and 3 months in prison.
In the Western District of Washington, a defendant pled guilty to
attempting to set fire to cars in the parking lot of Seattle’s Islamic Idriss Mosque. He
fired at worshipers who exited the mosque and then fled. The defendant was
apprehended by police after crashing his vehicle. He was sentenced to 6 years and
6 months in prison.
32 2002 Annual Statistical Report
Hate Crimes
The United States Attorneys continued their efforts to ensure that any problems of hate
crimes in their districts were adequately addressed. The United States Attorneys’ offices continued
to deter civil rights violations through the prosecution of hate crimes.
Examples of hate crimes cases successfully prosecuted by the United States Attorneys during
Fiscal Year 2002 include the following:
In the Eastern District of California, a defendant and his brother were
sentenced to lengthy prison terms following their convictions for setting fires at 3
Sacramento synagogues and a building housing a clinic that provides reproductive
health services. The defendant was sentenced to 30 years in prison, followed by 3
years of supervised release, and fined $ 10,000. His brother was sentenced to 21 years
and 3 months in prison, followed by 3 years of supervised release. The brothers were
also ordered to pay joint restitution to the victim organizations of $ 1,001,255. The
arson fires occurred at Congregation B'nai Israel, Congregation Beth Shalom, and the
Kenesset Israel Torah Center, and at the medical building housing the Choice
Medical Group clinic.
In the Middle District of Georgia, 2 defendants pled guilty to violating the
civil rights of a minority couple and were sentenced, respectively, to 1 year and 6
months in prison and 3 years of probation. The defendants built a cross and placed
it in front of the residence of an African- American couple, and set it on fire in order
to intimidate the victims. At the time of the cross burning, 1 of the defendants was
a city council member.
In the District of Maryland, a 21- year old defendant was sentenced to 1 year
and 9 months in prison after he pled guilty to participating in a conspiracy to violate
the civil rights of 2 African- Americans who had rented a house in a Maryland
community. The defendant smashed the windshield of the victims’ automobile and,
the next evening, he led a group of people, some carrying bats and sticks, who
congregated outside the victims' house. The defendant threatened the victims, using
racial epithets and telling them they did not belong in the community. Early the next
morning, the defendant and another defendant, who was charged separately,
constructed a Molotov cocktail using a soft drink bottle, gasoline, and rags. They
returned to the area outside the victims' house and firebombed the victims’ car.
In the District of Maryland, a defendant was sentenced to 5 years and 10
months in prison and ordered to pay restitution of $ 10,700 after he pled guilty to
violating the housing rights of a group of Mexican nationals in a racially- motivated
arson of their rental home.
United States Attorneys 33
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
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
2002 include the following:
In the Southern District of Florida, a defendant, who was extradited to the
United States following his arrest in Germany, was sentenced to 1 year and 9 months
in prison and fined $ 6,000 for smuggling aliens into the United States for the purpose
of prostitution, facilitating interstate travel for the purpose of prostitution, and money
laundering. The defendant also agreed to forfeit a limousine and motor boat he
purchased to facilitate his Miami- based escort service. The defendant admitted
working with 2 Czech women to recruit Eastern European women to travel to the
United States on tourist visas, purportedly to work as models. Instead, the woman
worked as high- priced call girls in Miami and other cities.
In the District of Maryland, 2 defendants who were found guilty, were each
sentenced to 9 years in prison and 3 years of supervised release for holding a teenage
Cameroonian girl in involuntary servitude and illegally harboring her in their home
to use her as their domestic servant. The defendants were also ordered to pay a total
of $ 105,306 in restitution to the victim.
In the District of Nevada, 5 defendants were sentenced following their
convictions for conspiracy to commit money laundering in connection with an
international scheme to smuggle Asian women illegally into the United States and
use them as prostitutes in brothels in Nevada, California, and other states. Their
sentences ranged from 2 years and 3 months in prison to 4 years and 4 months in
prison.
34 2002 Annual Statistical Report
Civil Rights - Law Enforcement
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.
Examples of civil rights cases, specifically pertaining to law enforcement, that were
successfully prosecuted by the United States Attorneys during Fiscal Year 2002 include the
following:
In the Central District of California, a former civilian custodial officer who
was employed at the Seal Beach City Jail, was sentenced to 4 years and 3 months in
prison following his conviction of deprivation of rights under color of law. The
defendant, who worked for Correctional Systems, Inc., the contractor that operates
the jail, caused a jail inmate to assault another man being held in the facility's
detoxification cell. He also caused the security camera in the detoxification cell to
be deactivated, preventing the assault from being recorded on 1 of 2 videotapes.
However, other videotapes showed the defendant in the hallway outside the
detoxification cell as he placed an inmate into the cell and then watched the assault
as it occurred. He then erased another videotape that captured the assault and created
a false incident report regarding the cause of the victim's injuries.
In the Central District of California, 2 former Los Angeles Police
Department officers, who were partners and were considered largely responsible for
the bulk of wrongdoing within the Rampart Division, pled guilty to federal civil
rights violations for covering- up the shooting of an unarmed victim. One former
officer was sentenced to 3 years in prison and ordered to pay $ 281,010 in restitution,
and the other former officer was sentenced to 2 years in prison and ordered to pay
$ 248,000 in restitution.
In the Northern District of California, 2 former prison guards were
convicted following a lengthy jury trial of conspiracy to violate civil rights. The
defendants, who were correctional officers at Pelican Bay State Prison, conspired to
deprive inmates of the right, guaranteed by the Eighth Amendment to the
Constitution, to be free from cruel and unusual punishment. They would cause
inmates convicted of sex offenses, or whom they disliked for other reasons, to be
assaulted by other inmates. In two instances, they committed the assaults themselves.
One defendant was sentenced to 7 years in prison and the other defendant was
sentenced to 6 years and 4 months in prison.
In the Western District of New York, after a 9- and- a- half- week trial, a
former Buffalo Police Detective was convicted of multiple felony counts including
United States Attorneys 35
conspiracy to violate civil rights and extortion. He was sentenced to 11 years and 4
months in prison.
In the Eastern District of Texas, 2 former State of Texas correctional
officers were sentenced to prison for beating a prisoner to death. One defendant was
sentenced to 8 years and 1 month in prison, and the other defendant was sentenced
to 5 years in prison after both pled guilty to assaulting an inmate in the Terrell Prison
Unit in Livingston, Texas. The inmate victim was taken to the hospital, but died the
next day. The former correctional officers were convicted of manslaughter in state
court and given shock probation. They were released from custody after serving 3
months. The defendants were then prosecuted in federal court and pled guilty to
violating the civil rights of a prisoner, which resulted in his death.
36 2002 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 2002 was the second 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 37
As reflected on Table 20, the United States Attorneys’ offices filed asset forfeiture counts in 2,580
criminal cases which sought forfeiture as a criminal penalty during Fiscal Year 2002, representing an
increase of 30 percent over the prior year. At the end of the fiscal year, there were 3,304 criminal asset
forfeiture cases pending, an increase of 13 percent when compared to Fiscal Year 2001. Additionally,
2,009 civil forfeiture actions were filed by the United States Attorneys during the fiscal year, an increase
of 11 percent when compared to the prior year.
As shown on Table 5, the United States Attorneys also obtained 1,205 civil asset forfeiture
judgments in favor of the United States during the year, which represents a 7 percent decrease 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 ten 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
during Fiscal Year 2002 of $ 322,246,408 in forfeited cash and property. This represents an increase of 62
percent when compared to Fiscal Year 2001. Approximately $ 3,014,335, or slightly less than 1 percent
of the forfeited property, was retained for official law enforcement use. Approximately $ 83,367,497 of
asset forfeiture proceeds were applied to restitution in victim- related offenses. See Table 20. All other
assets were converted to cash value and the proceeds used for law enforcement purposes by federal, state,
local, and foreign law enforcement.
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38 2002 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 ten 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 2002 include the following:
In the Eastern District of New York, a 67- year old Beverly Hills businessman and
former chairman of 2 public companies was sentenced to 6 years in prison and ordered to
forfeit $ 6 million following his conviction, after a 3- week trial, of 7 counts of securities
fraud, securities fraud conspiracy, and money laundering conspiracy. The government's
investigation and proof at trial established that the defendant reaped over $ 5 million in
illegal profits through manipulation of the stock prices of at least 18 stocks underwritten
by Stratton Oakmont and related broker- dealers. With the aid of 2 broker- dealers, the
defendant laundered the securities fraud proceeds through Plus One Finance, Ltd., in
Switzerland and numerous joint investments in the United States, largely in real estate and
the film industry.
In the Northern District of Texas, a defendant was sentenced to 3 years and 10
months in prison, ordered to pay $ 1,105,026.31 in restitution, and ordered to forfeit
approximately $ 894,776.87 in cash and property following his guilty plea to money
laundering, identity fraud, and use of a fraudulent Social Security Number. The defendant
admitted that he laundered almost $ 1 million obtained through his identity fraud scheme.
He used several Social Security Numbers and opened more than 100 different lines of credit
with credit card companies and casinos.
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United States Attorneys 39
In the Western District of Washington, the leaders and the henchman of the Rhee
Racketeering Organization were sentenced for racketeering offenses arising from a large-scale
illegal pseudoephedrine distribution enterprise. The defendant was sentenced to 8
years in prison to be followed by 3 years of supervised release. He was further required to
forfeit assets totaling over $ 8 million which were derived from illegal proceeds and/ or used
to facilitate the Rhee Organization's criminal activities. He was assisted by his 2 sons and
numerous other individuals in the Rhee Organization. The defendant used his illegal
proceeds to purchase certain properties for the purpose of concealing or disguising the
source and existence of the proceeds.
40 2002 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 2002, the United States Attorneys’ offices received a total of 91,796 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, 14,328, or 16 percent, were affirmative matters, 56,211 or
61 percent, were defensive matters, and 21,257, or 23 percent were other civil matters. During the same
period of time, the United States Attorneys’ offices terminated a total of 8,998 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 2002, there were a total of 126,552 pending civil matters and cases,
representing 49 percent of the 258,394 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 2002, 25,762,
or 20 percent, were affirmative litigation, 81,264, or 64 percent, were defensive litigation, 19,526, or 16
percent, were other civil cases and matters handled by the United States Attorneys. See Table 5.
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United States Attorneys 41
While the pending civil matters and cases represent a diverse range of causes of action, 76 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 17,250 civil matters were pending as of the end of Fiscal Year 2002. Of these pending
matters, 4,831, or 28 percent, had been pending for less than 6 months, 7,587, or 44 percent, had been
pending for less than 12 months, and 11,375, or 66 percent, had been pending for less than 24 months. See
Table 16.
During Fiscal Year 2002, the United States Attorneys’ offices filed or responded to a total of 83,357
civil cases, an increase of 4 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 Internal Revenue Service, the Department of
Justice Agencies, and the Department of Agriculture. See Table 6 and Chart 2 below.
Of the 83,357 civil cases filed or responded to by the United States, 9,273, or 11 percent, were
affirmative civil cases, 55,286, or 66 percent, were defensive civil cases, and 18,798, or 23 percent, were
other civil cases. Also during Fiscal Year 2002, the United States Attorneys’ offices terminated a total of
77,141 cases. Judgments were issued in 30,980, or 40 percent, of these cases. A total of 23,705, or 77
percent, of these judgments were in favor of the United States. Additionally, 16,701, or 22 percent, of the
cases were settled. See Civil Chart 3 and 4 below, and Table 5.
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42 2002 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, and 2002 data for civil cases disposed of by trial cannot be compared to data for prior years.
A total of 109,302 civil cases were pending as of the end of Fiscal Year 2002. Of these pending
cases, 31,660 or 29 percent, had been pending for less than 6 months, 52,034, or 48 percent, had been
pending for less than 12 months, and 75,925, or 69 percent, had been pending for less than 24 months. See
Civil Chart 5 and 6 below, and Table 17.
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United States Attorneys 43
Civil Chart 7 below displays civil cases filed or responded to by cause of action, or case type,
during Fiscal Year 2002, while Civil Chart 8 below displays civil cases pending by cause of action or case
type as of the end of Fiscal Year 2002.
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44 2002 Annual Statistical Report
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United States Attorneys 45
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46 2002 Annual Statistical Report
Affirmative Civil Litigation
Affirmative civil litigation includes several practice areas, namely, 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 14,328 affirmative civil matters, and filed a total
of 9,273 affirmative civil cases during Fiscal Year 2002. This represents a decrease of 7 percent in the
number of matters received and an increase of 9 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 2002, a total of 25,762 affirmative civil matters and cases were
pending, representing 12,565 civil affirmative matters and 13,197 civil affirmative cases. The largest
category of affirmative civil matters received was asset forfeiture ( 30 percent of all matters received),
followed by commercial litigation ( 25 percent) and fraud ( 12 percent). The largest category of affirmative
civil cases filed was commercial litigation ( 31 percent of all cases filed), followed by asset forfeiture ( 21
percent) and bankruptcy ( 14 percent).
The United States Attorneys terminated a total of 5,837 affirmative civil matters in Fiscal Year
2002. 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 2002, 4,772 affirmative civil cases were resolved by judgments, with
4,581 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 47
In addition, ACE attorneys may use other statutes and common law legal 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 2002, the United States Attorneys reported the recovery of $ 1.8 billion through the
ACE program. During Fiscal Year 2002, 1,645 ACE cases and matters were settled or resulted in
judgments, representing a 5 percent increase over Fiscal Year 2001.
During Fiscal Year 2002, the United States Attorneys received 4,085 ACE matters, a decrease of
less than 1 percent when compared with the prior year, and filed or responded to 1,914 ACE cases, an
increase of 6 percent over Fiscal Year 2001. At the end of Fiscal Year 2002, 8,324 ACE matters and cases
were pending, down from 8,355 at the end of Fiscal Year 2001. 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 2002, 1,529 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 2002, the United
States Attorneys filed or responded to 221 civil health care fraud cases, representing an increase of 18
percent when compared to the prior year.
Bankruptcy
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 19,201 bankruptcy cases, in which the
United States was: the plaintiff in 1,341 adversary proceedings or separate litigation within a bankruptcy
case; the defendant in 1,380 adversary proceedings; and a creditor or party- in- interest in 16,480 cases
48 2002 Annual Statistical Report
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 2002 totaled 1,547,669, a fiscal year historic high during
the 12- month period ending September 30, 2002. 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.
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 2002, the United States Attorneys’ offices received
56,211 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 actions, prisoner
litigation, torts, and program litigation accounted for 82 percent of all defensive civil matters received
during the year. See Table 5.
The United States Attorneys represented the government in 55,286 defensive civil cases that were
filed in court during Fiscal Year 2002, a 4 percent increase when compared to the prior year. Defensive
civil cases represented 66 percent of all civil cases during the year. During the same period of time, the
offices terminated 52,010 defensive civil cases, an increase of 6 percent when compared to the prior year.
Judgments were issued in 24,611 of these cases, with a total of 17,679, or 72 percent, of these judgments
in favor of the United States. An additional 5,462, or 11 percent, of cases filed against the United States
were dismissed. As of the end of Fiscal Year 2002, a total of 79,972 defensive civil cases were pending,
an increase of 1 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 2002, the United States Attorneys responded to
19,885 defensive commercial litigation cases, which represented 36 percent of all defensive civil cases.
The second largest category was Social Security, with 17,091 cases responded to, which represented 31
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
United States Attorneys 49
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.
50 2002 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 2002, the United States Attorneys handled a total of 9,618 criminal
appeals filed by or against the United States, representing a less than 1 percent increase when
compared to Fiscal Year 2001. See Appeals Chart 1 below.
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United States Attorneys 51
A total of 9,379 appeals were terminated during Fiscal Year 2002, representing an increase
of 8 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 7,765, or 83 percent, of the appeals
terminated during the year. See Table 7.
The largest category of criminal appeals filed during Fiscal Year 2002 was narcotics, which
accounted for 3,727, or 39 percent, of all criminal appeals filed during the year. See Appeals Chart
2 below. Other large categories of criminal appeals included violent crime, with 2,202 appeals filed
in Fiscal Year 2002, and immigration, with 1,507 appeals filed during the year.
Examples of criminal appeals successfully handled by the United States Attorneys during
Fiscal Year 2002 include the following:
In the Southern District of Florida, the United States Court of Appeals for
the Eleventh Circuit issued an opinion reinstating the 1998 RICO conspiracy
convictions of 2 attorneys for their activities on behalf of a faction of the Cali drug
cartel. The court also affirmed the defendants' convictions for money laundering
conspiracy and denied their request for a new trial. The case was sent back to the
United States District Court so that the defendants could be sentenced. The United
States Court of Appeals also noted that the defendants had obstructed justice as well
as engaged in money laundering for the cartel, and found that the government had
presented sufficient evidence that the defendants knew the money they received
from the head of the cartel and then transmitted to arrested cartel members and their
families, did not come from legitimate sources. The decision outlined the
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52 2002 Annual Statistical Report
defendants' participation in the cartel's scheme to collect false sworn declarations
from its arrested members in order to prevent the cartel's head from being extradited
to and prosecuted in the United States. One of the defendants was a former
Department of Justice attorney, who at the time was a partner at a law firm in
Washington, D. C. The other defendant was a criminal defense attorney and partner
at a Miami law firm.
In the District of South Dakota, in a case of first impression nationwide,
the United States Court of Appeals for the Eighth Circuit affirmed a lower court
decision and ruled that Indian Tribal Housing was " public housing" for purposes of
enhanced penalties under 21 U. S. C. § 860( a). The defendant had a mobile home on
land that belonged to the Oglala Sioux Tribe and was leased to his father as part of
a home ownership program under the Oglala Sioux Housing Authority and
NAHASDA, the Native American Housing Assistance and Self- Determination Act.
The defendant argued on appeal that the enhanced penalty for possessing with the
intent to distribute drugs within 1,000 feet of a " housing facility owned by a public
housing authority" did not apply to tribal housing. He relied on the 1996
amendment of the definition of " public housing authority" contained in 42 U. S. C.
§ 1437a( b)( 6). Prior to the amendment, the definition explicitly included " any
Indian housing authority." The 1996 creation of NAHASDA removed that section
of the definition. The United States Court of Appeals affirmed, and held that the
term " public housing authority" includes public housing authorities created by tribal
governments.
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
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
United States Attorneys 53
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, this decrease
continued with 6,652 motions filed, showing a further decline of 12 percent when compared to
Fiscal Year 1998. See Appeals Chart 3 above. Although that trend slowed, the number of motions
filed 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 an increase of 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.
In spite of the decreased number again, the 6,903 motions filed in Fiscal Year 2002 still represent
a 360 percent increase over the 1,500 motions filed in Fiscal Year 1988 when the Sentencing
Guidelines went into effect.
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54 2002 Annual Statistical Report
Civil Appeals
During Fiscal Year 2002, the United States Attorneys’ offices also handled a total of 6,080
civil appeals filed by or against the United States. This represents an increase of 22 percent in the
number of appeals handled when compared to the prior year. See Appeals Chart 4 below. The
United States Attorneys terminated 6,133 civil appeals during the year, an increase of 14 percent
when compared to the prior year. Of the appeals terminated during the year, 4,686, or 76 percent,
were decided in favor of the United States. See Table 7.
An example of a civil appeal successfully handled by a United States Attorney during Fiscal
Year 2002 follows:
In the District of Maryland, the United States Court of Appeals for the
Fourth Circuit affirmed the United States District Court in Baltimore on the right of
the Army to operate the Ft. Meade military installation's utility system pursuant to
federal statutes requiring privatization of such systems. Baltimore Gas and Electric
( BG& E) challenged the terms of bid solicitation as being insufficiently restrictive.
The Maryland Public Service Commission ( PSC) intervened. In the suit, the United
States District Judge upheld the solicitation and the PSC appealed. The Court of
Appeals held that PSC was not an " interested party" with standing under the
Administrative Dispute Resolution Act ( ADRA) to bring an action to challenge the
solicitation. The Court of Appeals did not reach the merits under which BG& E filed
suit, since BG& E did not appeal. However, the court found that the Maryland PSC
was not an " interested party" and, therefore, had no " standing" under the ADRA to
bring an action to challenge the Army's bid solicitation to privatize electric and gas
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United States Attorneys 55
utility services at the military installation. The court concluded that PSC's only
interest in the solicitation was based on its desire as a state regulatory body to assert
jurisdiction over the private entity which would eventually provide utility services
at the installation, not an interest as actual or prospective bidder or, an offeror, on
the solicitation. The Court of Appeals adopted reasoning from the Court of Federal
Claims cases that the PSC's interest in this solicitation is based solely on its
regulatory mandate to assert jurisdiction over the private entity that will eventually
provide utility services at Fort Meade, after the government accedes direct control.
Therefore, the PSC lacked standing to bring a bid protest action. Because the PSC
lacked standing to bring this action, it also lacked standing to appeal the District
Court's judgment. The decision will enable the Army to modernize Ft. Meade by
privatizing the utilities infrastructure.
56 2002 Annual Statistical Report
VI. RECONCILIATION OF FEDERAL CASE PROCESSING DATA
The Executive Office for United States Attorneys, Administrative Office of the United States
Courts, and United States Sentencing Commission each collect data describing criminal case processing
events. However, different methods of reporting and different definitions are used to identify, tabulate and
report the information based on the specific needs and missions of the individual agencies. For example,
the Administrative Office of the United States Courts publishes data that identifies cases based upon the
criminal charge carrying the longest sentence that could be imposed. In contrast, the Executive Office for
United States Attorneys, which maintains case data for the 94 United States Attorneys’ offices, publishes
criminal case and defendant data based upon program categories or criminal case types, such as violent
crime, official corruption, or organized crime. See Table 3. As a result of such differences, data published
by these 3 agencies are not readily comparable.
The Executive Office for United States Attorneys started classifying case and defendant data by
program category, or criminal case type, in Fiscal Year 1992. Prior to that, the data was classified and
displayed by criminal offense. Also in Fiscal Year 1992, greater emphasis was placed on the prosecution
of violent crime. This resulted in a change in the way some criminal cases, primarily narcotics cases, were
classified. Those cases involving narcotics that would otherwise be classified as narcotics cases based on
the statutes charged, were classified as violent crime cases if the defendants were also charged with a
firearms offense or other violent crime, such as murder. Thus, beginning in Fiscal Year 1992, not all
narcotics cases or cases in which narcotics offenses were charged, were classified and displayed under the
Narcotics and Dangerous Drugs or the Organized Crime Drug Enforcement Task Force program categories
on Table 3.
Beginning in Fiscal Year 1996, in an effort to eliminate confusion and display both violent crime
and narcotics case data without double counting, the Executive Office for United States Attorneys further
broke out Table 3 to show those narcotics cases included under the Violent Crime program category. This
display of the case data allows users of Table 3 to see all narcotics cases without losing information on an
equally important criminal prosecution area, violent crime. The display also shows those narcotics cases
classified under the Government Regulatory Offenses/ Money Laundering program category.