U. S. Department of Justice
Executive Office for United States Attorneys
United States Attorneys’
Annual Statistical Report
Fiscal Year 2006
UNITED STATES ATTORNEYS’
ANNUAL STATISTICAL REPORT
FISCAL YEAR 2006
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 2006. The report is made up of narrative information describing the United States Attorneys’
programs and initiatives over the past year. The report also contains summaries of some of the most
interesting and important cases that were handled during Fiscal Year 2006, and statistical tables displaying
both national and district caseload data. As in Fiscal Year 2005, we have produced the report to mirror
priority areas identified in the Department of Justice’s Strategic Plan and Performance Report. These
priorities represent just some of the many important areas of criminal prosecution and civil litigation
handled by the United States Attorneys. The work of enforcing our federal laws and keeping our nation
safe is more important than ever in the wake of September 11, 2001. The women and men of the United
States Attorneys’ offices are committed to enforcing these laws and representing the interests of the United
States.
The United States Attorneys, under the direction of the Attorney General, are responsible for
investigating and prosecuting those who violate our nation’s laws, for asserting and defending the interests
of the United States, its departments, and agencies through the conduct of civil litigation, and for
representing the United States in its appellate courts. The United States Attorneys, appointed to serve in
the 94 federal judicial districts throughout the United States, Puerto Rico, the Virgin Islands, and Guam
and the Northern Mariana Islands ( which share a single United States Attorney), are charged with carrying
out these prosecution, litigation, and appellate responsibilities within their respective districts. The United
States Attorneys direct and supervise the work of the Assistant United States Attorneys and support
personnel located in each district’s headquarters office and, as needed, in staffed branch offices. The
United States Attorney system nationwide consisted of 94 headquarters offices and 131 staffed branch
offices, as of the end of Fiscal Year 2006.
The United States Attorneys’ offices conduct a majority of the criminal prosecutions and civil
litigation handled by the Department of Justice. The offices investigate and prosecute a wide range of
criminal activities, including domestic and international terrorism, organized drug trafficking and firearms
crimes, and white collar crime and regulatory offenses. In the civil arena, the United States Attorneys’
offices defend federal government agencies, such as in tort suits brought by those who allege suffering as
a result of government actions, or alleged medical malpractice by federal employees. The United States
Attorneys also initiate civil cases against individuals or businesses to enforce the law, such as in civil
health- care fraud cases, or to represent the government’s interests, such as in bankruptcy actions.
FISCAL YEAR 2006 STATISTICAL HIGHLIGHTS
OVERALL CRIMINAL PROSECUTIONS
• 58,702 cases filed against 81,088 defendants– case filings down 2 percent
• 60,393 cases against 82,343 defendants terminated– case terminations up 3 percent
• 75,650 defendants convicted
• 92 percent conviction rate
• 83 percent of convicted defendants sentenced to prison
• 52 percent of prison sentences greater than 3 years
• 31 percent of prison sentences greater than 5 years
VIOLENT CRIME
• 10,908 cases filed against 12,904 defendants– case filings down 4 percent
• 11,479 cases against 13,415 defendants terminated– case terminations up 3 percent
• 12,179 defendants convicted
• 91 percent conviction rate
• 92 percent of convicted defendants sentenced to prison
• 70 percent of prison sentences greater than 3 years
• 47 percent of prison sentences greater than 5 years
OVERALL NARCOTICS
• 15,408 cases filed against 29,051 defendants– case filings down 4 percent
• { 15,498 cases filed against 29,171 defendants– case filings down 4
percent– when drug cases included under the Government
Regulatory/ Money Laundering Program Category are included}
• 16,023 cases against 29,569 defendants terminated– case terminations up 4 percent
• 27,128 defendants convicted
• 92 percent conviction rate
• 92 percent of convicted defendants sentenced to prison
• 71 percent of prison sentences greater than 3 years
• 48 percent of prison sentences greater than 5 years
OCDETF
• 2,529 cases filed against 8,182 defendants– case filings up 1 percent
• 2,783 cases against 8,305 defendants terminated– case terminations up 2
percent
• 7,391 defendants convicted
• 89 percent conviction rate
• 91 percent of convicted defendants sentenced to prison
• 81 percent of prison sentences greater than 3 years
• 58 percent of prison sentences greater than 5 years
NON- OCDETF
• 12,879 cases filed against 20,869 defendants– case filings down 5 percent
• { 12,969 cases filed against 20,989 defendants– case filings down 5
percent– when drug cases included under the Government
Regulatory/ Money Laundering Program Category are included}
• 13,240 cases against 21,264 defendants terminated– case terminations up 5
percent
• 19,737 defendants convicted
• 93 percent conviction rate
• 92 percent of convicted defendants sentenced to prison
• 68 percent of prison sentences greater than 3 years
• 44 percent of prison sentences greater than 5 years
IMMIGRATION
• 17,686 cases filed against 19,215 defendants– case filings down 3 percent
• 18,165 cases against 19,526 defendants terminated– case terminations up 5 percent
• 18,794 defendants convicted
• 96 percent conviction rate
• 86 percent of convicted defendants sentenced to prison
• 24 percent of prison sentences greater than 3 years
• 5 percent of prison sentences greater than 5 years
ORGANIZED CRIME
• 156 cases filed against 459 defendants– case filings down 33 percent
• 217 cases against 634 defendants terminated– case terminations up 5 percent
• 550 defendants convicted
• 87 percent conviction rate
• 77 percent of convicted defendants sentenced to prison
• 57 percent of prison sentences greater than 3 years
• 37 percent of prison sentences greater than 5 years
OFFICIAL CORRUPTION
• 503 cases filed against 731 defendants– case filings up 14 percent
• 501 cases against 706 defendants terminated– case terminations up 4 percent
• 635 defendants convicted
• 90 percent conviction rate
• 56 percent of convicted defendants sentenced to prison
• 26 percent of prison sentences greater than 3 years
• 13 percent of prison sentences greater than 5 years
WHITE COLLAR CRIME
• 5,745 cases filed against 8,036 defendants– case filings up 5 percent
• 5,805 cases against 8,146 defendants terminated– case terminations up 7 percent
• 7,309 defendants convicted
• 90 percent conviction rate
• 61 percent of convicted defendants sentenced to prison
• 26 percent of prison sentences greater than 3 years
• 11 percent of prison sentences greater than 5 years
ASSET FORFEITURE LITIGATION
C Asset forfeiture counts filed in 4,053 criminal cases– up 7 percent
C A total of 2,181 civil asset forfeiture actions filed– down 3 percent
C Estimated recoveries of $ 703,280,200 in forfeited cash and property– up 18 percent
OVERALL CIVIL LITIGATION
• 71,402 cases filed or responded to– down 9 percent
• 68,858 cases terminated– case terminations down 12 percent
• 23,026 judgments, or 76 percent, were in favor of the United States
• 13,698 settlements– 20 percent of all cases terminated
AFFIRMATIVE CIVIL LITIGATION
• 7,109 cases filed– case filings down 10 percent
• 7,507 cases terminated– case terminations down 6 percent
• 4,719 judgments, or 98 percent, were in favor of the United States
• 850 settlements– 11 percent of all cases terminated
AFFIRMATIVE CIVIL ENFORCEMENT
• 1,887 cases filed– case filings down 3 percent
• 1,843 cases terminated– case terminations up 12 percent
• 382 judgments, or 92 percent, were in favor of the United States
• 463 settlements– 25 percent of all cases terminated
DEFENSIVE CIVIL LITIGATION
• 49,701 cases responded to– down 8 percent
• 46,631 cases terminated– case terminations down 13 percent
• 17,407 judgments, or 72 percent, were in favor of the United States
• 2,616 settlements– 6 percent of all cases terminated
CIVIL LITIGATION WHERE THE UNITED STATES IS OTHERWISE
DESIGNATED
• 14,592 cases filed or responded to– down 12 percent
• 14,720 cases terminated– down 12 percent
• 900 judgments, or 90 percent, were in favor of the United States
• 10,232 settlements– 70 percent of all cases terminated
CRIMINAL AND CIVIL APPEALS
• 15,275 appeals filed– down 7 percent
• 10,786 criminal appeals filed– down 2 percent
• 4,489 civil appeals filed– down 16 percent
• 81 percent of all criminal appeals terminated in favor of the United States
• 78 percent of all civil appeals terminated in favor of the United States
• 5,948 post- sentencing motions filed by incarcerated defendants– down 28 percent
TABLE OF CONTENTS
Page
Number
Message from the Director
Fiscal Year 2006 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 7
United States District Court 7
United States Magistrate Court 16
District of Columbia Superior Court 18
Fiscal Year 2006 Strategic Goals 20
Terrorism 20
Firearms 23
Narcotics Prosecutions 25
OCDETF 26
Non- OCDETF Drugs 28
Corporate Fraud 30
Civil Rights Prosecutions 31
Trafficking in Persons 32
Bias Motivated Crimes 33
Official Misconduct 33
III. Asset Forfeiture Litigation 35
IV. Civil Litigation 38
Affirmative Civil Litigation 44
Affirmative Civil Enforcement 44
Bankruptcy 46
Defensive Civil Litigation 47
V. Criminal and Civil Appeals 50
Criminal Appeals 50
Post- Sentencing Motions 51
Civil Appeals 53
Page
Number
VI. Conclusion 54
VII. Detailed Statistical Tables 55
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 8
2 Criminal Matters Declined 8
3 Proceedings Before Grand Jury 9
4 Criminal Cases Filed 10
5 Criminal Cases and Defendants Terminated 10
6 Criminal Defendants Disposed of by Trial 11
7 Conviction Rate 11
8 Percentage of Guilty Defendants Sentenced to Prison 12
9 Length of Sentences for Defendants Sentenced to Prison 12
10 Criminal Cases and Defendants Pending 13
11 Age of Pending Criminal Cases 13
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 Judgments in Favor of the United States 35
2 Criminal and Civil Asset Forfeiture Collections 36
Civil Charts
1 Civil Matters Received 38
2 Civil Cases Filed or Responded to 39
3 Civil Cases Terminated 40
4 Civil Cases Disposed of by Trial 40
5 Civil Cases Pending 41
6 Age of Pending Civil Cases 41
7 Civil Cases Filed or Responded to by Cause of Action 42
8 Civil Cases Pending by Cause of Action 43
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 52
4 Civil Appeals Filed by or Against the United States 53
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’ top priority in Fiscal Year 2006 was the disruption and prevention of
terrorist acts, and the prosecution of those involved in terrorism or the support of terrorism. The United
States Attorneys also focused their attention on additional areas identified in the Department’s Strategic
Plan, including sound management, drug trafficking, firearms enforcement, corporate fraud, and civil
rights.
The United States Attorneys also carry out the important role of liaison with federal, state, and
local law enforcement officers, and with members of the community on various crime reduction
programs.
The Executive Office for United States Attorneys provides the United States Attorneys with
assistance in all areas of administration. The mission of the Executive Office for United States Attorneys
is to provide the 93 United States Attorneys with:
< general executive assistance and direction;
< policy development;
2 2006 Annual Statistical Report
< administrative management direction and oversight;
< operational support; and
< coordination with other components of the Department and other federal agencies.
These responsibilities include certain legal, budgetary, administrative, and personnel services, as well
as continuing legal education.
Sound Management
Ensuring professionalism, excellence, accountability, and integrity in the management and
conduct of programs was a strategic goal of the Department for Fiscal Year 2006. The Executive Office
for United States Attorneys worked diligently with the United States Attorneys during the fiscal year to
implement management initiatives with this strategic goal in mind, while also introducing and
maintaining sound management practices to aid in accomplishing the Department’s mission.
Integrity and Professionalism
The Executive Office for United States Attorneys is responsible for the coordination,
development and maintenance of policy and procedural guidance relevant to the work of the United
States Attorneys’ offices. In Fiscal Year 2006, the Executive Office for United States Attorneys
continued to work with the Attorney General’s Advisory Committee of United States Attorneys and the
Administrative Officers Working Group to ensure compliance with a strong internal controls program.
The Executive Office for United States Attorneys also kept internal control materials accessible using
available information technology resources, which provided employees easy access to the information
to assist them in performing their duties.
Human Resources
Staffing
The allocated staffing levels in the United States Attorneys’ offices nationwide equaled 5,673
full time equivalent ( FTE) attorneys and 5,645 FTE support employees during Fiscal Year 2006. It
should be noted that the allocated staffing levels include positions that were vacant. See Overview Chart
1 below.
United States Attorneys 3
Assistant United States Attorneys constituted 56 percent of all Department attorneys and about
70 percent of those Department attorneys with prosecution or litigation responsibilities. Most new
Assistant United States Attorneys have prior litigation experience with a prosecuting attorney’s office,
a law firm, or another government agency. In addition to their prior legal experience, Assistant United
States Attorneys nationwide have an average of 11 years of experience in United States Attorneys’
offices.
While the civil caseload is larger numerically, about 78 percent of attorney personnel were
devoted to criminal prosecutions and 22 percent to civil litigation during Fiscal Year 2006. Ninety- five
percent of all attorney work hours spent in United States District Courts were devoted to criminal
prosecutions and 5 percent to civil litigation. See Table 9.
During Fiscal Year 2006, a total of 872,026 attorney work hours were devoted to court- related
activity. This represents a decrease of 72,140, or 8 percent, in the number of court- related work hours
when compared to Fiscal Year 2005. See Overview Chart 2 below, and Table 9. Decreases were seen
in the number of criminal work hours in United States District Courts in Fiscal Year 2006, as well as the
number of work hours devoted to United States Magistrate Courts, when compared with the prior year.
Of the total court- related work hours, Assistant United States Attorneys spent 476,073 hours, or
55 percent, of their time in court. Sixty- seven percent of their time in court was spent on criminal cases
in United States District Courts, 22 percent in United States Magistrate Courts, 3 percent on civil cases
in United States District Courts, and 5 percent on special hearings. The remaining 3 percent of the time
was spent in the United States Courts of Appeals, United States Bankruptcy Courts, and in state courts.
Of the other 395,953, or 45 percent, of the work hours, 25 percent was spent on grand jury proceedings,
18 percent on court- related travel time, and 57 percent on witness preparation.
4 2006 Annual Statistical Report
Training
The Office of Legal Education ( OLE) of the Executive Office for United States Attorneys, in
cooperation with the National District Attorneys Association ( NDAA) and the Executive Office for
United States Trustees ( EOUST), conducts courses and seminars at the National Advocacy Center
( NAC). During the fiscal year, OLE conducted training for 21,491 people. Of those 21,491 people,
13,181 were trained live at the NAC and another 3,824 people were trained in courses co- sponsored by
OLE in United States Attorneys’ offices around the country. Additionally, 1,782 students were trained
via videotape provided by OLE’s lending library and 2,704 attorneys applied for Continuing Legal
Education credit for training viewed on Justice Television Network. Approximately 79 percent of the
students attending OLE’s 195 live courses were Department of Justice employees, while the remaining
21 percent were employees in legal positions within various federal agencies or state and/ or local
government. In addition to OLE’s students, NDAA and EOUST conducted a combined total of 63
courses for approximately 4,000 students during the fiscal year.
Approximately 5,103 of the participants receiving OLE training at the NAC in Fiscal Year 2006
attended courses in the topical areas covered in the Department’s Strategic Plan. Those courses were
as follows:
Anti- Terrorism 6 courses 723 Participants
Gun Violence Reduction 2 courses 159 Participants
Drug Enforcement 5 courses 413 Participants
Civil Rights Enforcement 1 course 87 Participants
Corporate Fraud 9 courses 771 Participants
Sound Management 43 courses 2,950 Participants
United States Attorneys 5
The schedule of courses is determined according to annual prosecutive priorities and the
maintenance of sound management. These courses are conducted for Assistant United States Attorneys
and legal support personnel in United States Attorneys’ offices and the Department of Justice, as well
as legal personnel in other federal agencies.
The Justice Television Network ( JTN) continued to increase the number and the variety of
programs broadcast during Fiscal Year 2006, supplementing the on- site training and providing a training
alternative for cancelled courses. JTN provided pre- recorded and live broadcasts of on- site training an
average of 24 hours per week for viewers who were unable to attend live classes. Total programming
for Fiscal Year 2006 was 2,353 hours, an increase of 213 hours from the previous year, which included
1,859 different program offerings, 415 of which had never been aired on JTN. These new programs
included 136 live shows, 34 of which offered Continuing Legal Education ( CLE) credits, with at least
13 Ethics CLE programs offered through the year. OLE and JTN produced 1,476 of the 2,353 hours of
programming, while the remaining programs were produced by other components of the Department of
Justice, other federal agencies, or were acquired through outside vendors. Of the 2,353 hours of
programming, 808 hours of broadcasting were dedicated to the Department’s Strategic Plan goals:
Anti- Terrorism 174 hours
Gun Violence Reduction 110 hours
Drug Enforcement 82 hours
Civil Rights Enforcement 41 hours
Corporate Fraud 86 hours
Sound Management 315 hours
In addition to providing numerous training opportunities, JTN also broadcasted several important
Department of Justice events. These events included 45 live events from the Department of Justice Main
Building such as news conferences by the Attorney General, the Deputy Attorney General, and other key
officials in the Department, as well as the 2006 Director’s Awards Ceremony and the ceremony
commemorating Dr. Martin Luther King, Jr.
In addition to JTN, OLE also implemented a new content delivery method in Fiscal Year 2006
with the introduction of NAC Radio. This “ podcast” method provides a weekly news and information
programming resource that can be accessed on the United States Attorneys’ offices intranet and
downloaded to the user’s desktop. Since its inception in April 2006, there have been 37 NAC Radio
broadcasts.
OLE’s Publications Unit remained busy with the publication of 7 editions of the United States
Attorneys’ Bulletin ( USABulletin) on a variety of topics including Bankruptcy, United States v. Booker,
Gangs, and Health Care Fraud, as well 2 new litigation skills books on Immigration Law and Prosecuting
Intellectual Property Crimes. The Publications Unit continued to maintain and update USABook online,
a legal resource site located on the Department of Justice intranet. In Fiscal Year 2006, the USABook
site experienced 1,097,471 page views.
6 2006 Annual Statistical Report
In an effort to enhance its distance learning options for the United States Attorneys’ offices, OLE
developed and distributed training modules on Criminal Federal Practice, A Legal Guide to Substance
Abuse, and A Legal Guide to Electronic Discovery. These modules were provided to the Senior
Litigation Counsel in each district in Fiscal Year 2006 to be used for in- house training. Additionally,
OLE continues to increase CLE broadcasts on JTN which can be viewed from the desktop of every
networked personal computer user in the United States Attorneys’ offices via IPTV. In Fiscal Year
2006, over 2,704 attorneys applied for CLE after viewing such broadcasts on JTN.
During Fiscal Year 2006, OLE upgraded the presentation equipment in all 10 of the NAC
courtrooms in order to provide better training in the dynamic area of courtroom technology.
Furthermore, United States Attorneys’ offices increased their use of JUSTLearn, OLE’s online
registration system, to order publications and to register for OLE courses. In addition to these training
enhancements, OLE continued to improve its guests services as well through the installation of an on-line
hotel registration system and a wireless communication system throughout the NAC.
United States Attorneys 7
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 2006, the United States Attorneys
also continued their longstanding commitment to address drug and violent crimes. Within the violent
crime category, the United States Attorneys addressed the continuing, illegal use of firearms by those who
commit crimes and accompanying acts of violence in our communities. Drug prosecutions continued as
well, with particular emphasis on the operations of large drug organizations. The Organized Crime Drug
Enforcement Task Forces focus on these groups, and made significant progress during Fiscal Year 2006.
Other special emphasis areas included civil rights violations and corporate fraud.
The United States Attorneys’ offices handle most of the criminal cases prosecuted by the
Department. The United States Attorneys receive most of their criminal referrals, or “ matters,” from
federal investigative agencies, including the Drug Enforcement Administration, the Federal Bureau of
Investigation, Immigration and Customs Enforcement, Customs and Border Protection, the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, and others. They may also receive criminal matters from
state and local investigative agencies or become aware of criminal activities in the course of investigating
or prosecuting other cases. Occasionally, criminal violations are reported to the United States Attorneys
by private citizens. After careful consideration of each criminal matter, the United States Attorney decides
whether criminal charges are appropriate and whether to initiate prosecution. Except for misdemeanor
offenses and instances in which an alleged offender waives the right to a grand jury indictment, the United
States Attorney presents evidence against an alleged offender to a grand jury. The grand jurors decide
whether to return an indictment. If an indictment is returned, the United States Attorney then presents the
criminal charges in open court at the arraignment of the defendant.
Although, historically, the majority of criminal defendants enter a plea of guilty prior to trial, the
United States Attorneys must always be prepared to go to trial. Consistent preparation for trial minimizes
the risk of dismissal for noncompliance with the Speedy Trial Act and strengthens the government’s
position in negotiations with defense counsel for a guilty plea. When a guilty plea is not obtainable, a trial
becomes necessary. The United States Attorney then presents factual evidence to demonstrate to the jury,
or the judge in a non- jury trial, the defendant’s guilt. If the defendant is convicted, the United States
Attorney defends the conviction at post- trial hearings and appeals. The United States Attorneys’ offices
handle most criminal appeals at the intermediate appellate level. After filing a brief, the United States
Attorney may be required to participate in oral argument before the United States Court of Appeals. If
there is a further appeal, the United States Attorney may be called upon to assist a Department litigating
division and the Solicitor General in preparing the case for review by the United States Supreme Court.
During Fiscal Year 2006, the United States Attorneys’ offices received 119,345 criminal matters,
a decrease of 4,941, or 4 percent, in the number of criminal referrals received from law enforcement
8 2006 Annual Statistical Report
agencies, when compared to the prior year. See Criminal Chart 1 below. Matters received includes
immediate declinations in addition to later declinations and filings initiated in any court.
The offices reviewed and immediately or later declined a total of 28,407 criminal matters during
the year. See Criminal Chart 2 below, and Tables 14 and 15. As reflected on Tables 14 and 15, the
reasons most commonly reported for the declination of these matters included weak or insufficient
evidence, lack of criminal intent, suspect to be prosecuted by another authority or on other charges, agency
request, and minimal federal interest.
United States Attorneys 9
As of the end of Fiscal Year 2006, a total of 74,604 criminal matters were pending, an increase of
214, or less than 1 percent, when compared to the prior year. Of these, 8,576, or 11 percent, were matters
where the defendant was a fugitive, was in a Pre- trial Diversion Program, was in a mental institution, or
was unknown. See Table 10. Of all pending matters, 48,767, or 65 percent, had been pending for 24
months or less, and 57,181, 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 41,772 criminal matters during Fiscal Year 2006 in
which grand jury proceedings were conducted, representing a 4 percent decrease when compared with the
previous year. Criminal Chart 3 below reflects the number of matters in which grand jury proceedings
were conducted over the past 10 years.
During Fiscal Year 2006, the United States Attorneys’ offices filed 58,702 criminal cases against
81,088 defendants in United States District Courts. See Criminal Chart 4 below, and Table 1. This
represents a 2 percent decrease in the number of cases filed and a 2 percent decrease in the number of
defendants filed when compared with the prior year.
See Criminal Chart 12 for a display of criminal cases filed by program category, or case type, for
Fiscal Years 2005 and 2006. Criminal Charts 4 through 12 do not include United States Magistrate Court
or appellate cases.
10 2006 Annual Statistical Report
A total of 60,393 cases against 82,343 defendants were also terminated during Fiscal Year 2006,
representing a 3 percent increase in the number of cases terminated, and a 4 percent increase in the number
of defendants terminated, when compared to the prior year. See Criminal Chart 5 below.
A total of 4,241, or 5 percent, of the terminated defendants were disposed of by trial. This
represents a 4 percent decrease in the number of defendants disposed of by trial when compared with the
prior year. See Criminal Chart 6 below, and Table 2.
United States Attorneys 11
Of the 82,343 defendants terminated during Fiscal Year 2006, 75,650, or 92 percent, either pled
guilty or were found guilty. See Criminal Chart 7 below, and Table 3. The rate of conviction continues
to remain over 90 percent, as it has since Fiscal Year 2000.
12 2006 Annual Statistical Report
During Fiscal Year 2006, a total of 71,959, or 95 percent, of all convicted defendants pled guilty
prior to or during trial. This represents a 5 percent increase in the percentage of convicted defendants who
pled guilty when compared to the prior year.
Of the 75,650 defendants who either pled guilty or were found guilty during the fiscal year, 63,006,
or 83 percent, received prison sentences. This represents a notable increase over Fiscal Year 1997, when
75 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 80 percent in Fiscal Year 1997 to 86 percent in Fiscal Year 2006. A total of 277 guilty
defendants received sentences of life in prison during Fiscal Year 2006. See Criminal Charts 8 and 9
below.
United States Attorneys 13
As of the end of Fiscal Year 2006, 70,232 criminal cases against 106,693 defendants were pending.
This represents a decrease of 3 percent in the number of cases pending and 1 percent in the number of
defendants pending, when compared to the prior year. See Criminal Chart 10 below, and Table 1.
Of the 70,232 pending criminal cases, 42,274, or 60 percent, had been pending for 24 months or
less, and 48,448, or 69 percent, had been pending for 36 months or less. See Table 11. In 23 percent of
pending cases the defendant was a fugitive, was in a mental institution, or was in a Pre- trial Diversion
Program. See Chart 11.
See Criminal Chart 13 below for a display of pending criminal cases by program category, or case
type, as of the end of Fiscal Years 2005 and 2006. Criminal Chart 13 does not include cases pending in
United States Magistrate Court or pending appellate cases.
14 2006 Annual Statistical Report
United States Attorneys 15
16 2006 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 34,940 defendants in United States Magistrate Courts
during Fiscal Year 2006. This represents an increase of less than 1 percent when compared to the prior
year. See Criminal Chart 14 below, and Table 1. A total of 31,072 defendants were also terminated
during the year, which represents an increase of 5 percent when compared with Fiscal Year 2005. See
Criminal Chart 15 below. As of the end of Fiscal Year 2006, criminal cases against 23,078 defendants
were pending in United States Magistrate Courts, representing virtually no change when compared with
the number of defendants pending at the end of Fiscal Year 2005. See Table 1. Petty offenses handled
in United States Magistrate Courts are not included in this data.
United States Attorneys 17
Of the defendants terminated in United States Magistrate Courts during Fiscal Year 2006, 590, or
2 percent, were terminated after a court or jury trial. See Criminal Chart 16 below, and Table 2A. This
represents a decrease of 107 defendants disposed of by trial, or 15 percent, when compared to the prior
year.
18 2006 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 7 litigation sections: the Misdemeanor Trial Section; the
Community Prosecution/ Intake Section; the Grand Jury Section; the Felony Trial Section; the Sex
Offense/ Domestic Violence Section; the Major Crimes Section; and the Homicide Section.
While violent crime and weapon offenses continued to be the primary focus of the Superior Court
Division, the workload reflected cases brought as a result of a variety of initiatives including: Community
Prosecution, Project Safe Neighborhoods, Human Trafficking Initiative, Community Court, Drug Court,
and a number of domestic violence programs. Problem solving, rather than mere case processing, also
continued to be a goal. The high number of dismissals in misdemeanor cases reflected the growing trend
towards the use of alternative dispositions ( mediation, diversion, community service, etc.) in lower level,
quality of life offenses.
The following data details the Superior Court Division’s caseload during Fiscal Year 2006. This
data is not included in the other charts and tables contained in this report.
Arrests Reviewed Cases Presented
( Papered)
Cases Declined
( No- Papered)
Cases Terminated
Number
Percent of
Total Number
Percent of
Total
Presented
Number
Percent of
Total
Presented
Number
Percent of
Total
Presented
Felony 7,506 28.6% 5,895 78.5% 1,611 21.5% 7,293 97.2%
Misdemeanor 18,717 71.4% 13,296 71.0% 5,421 29.0% 17,689 94.5%
Total 26,223 100.0% 19,191 73.2% 7,032 26.8% 24,982 95.3%
Cases Disposed of by Jury Trials
Number of
Trials
Number
Guilty
Percent
Guilty
Number
Not Guilty
Percent
Not Guilty
Number of
Mistrials
Percent of
Mistrials
Felony 273 235 86.1% 37 13.6% 1 0.4%
Misdemeanor 25 22 88.0% 3 12.0% 0 0.0%
Total 298 257 86.2% 40 13.4% 1 0.3%
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 71 60 84.5% 11 15.5% 0 0.0%
Misdemeanor 869 708 81.5% 161 18.5% 0 0.0%
Total 940 768 81.7% 172 18.3% 0 0.0%
Case Disposition
Number of
Guilty Pleas
Number of
Dismissals
Felony 3,357 1,742
Misdemeanor 4,752 6,232
Total 8,109 7,974
Convictions
Number of
Convictions
Conviction
Rate
Felony 3,652 67.7%
Misdemeanor 5,482 46.8%
Total 9,134 53.4%
20 2006 Annual Statistical Report
Fiscal Year 2006 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
2006 prosecution priorities are addressed separately below.
Terrorism
The prevention of terrorist attacks and the protection of the nation’s security remain the top
priorities of the Department of Justice. The end of Fiscal Year 2006 saw the establishment of the
Department of Justice’s National Security Division. Created by the USA PATRIOT Improvement
and Re- authorization Act, the National Security Division merges the primary national security
elements of the Department of Justice, fulfilling a key recommendation of the March 2005 report
of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of
Mass Destruction ( WMD Commission). The Division consists of the Counterterrorism and
Counterespionage Sections, the Office of Intelligence Policy and Review, and a new Law and Policy
Office.
The United States Attorneys, as the chief federal law enforcement officers in their respective
districts, bring inherent leadership and experience to ensure that prevention of terrorism and
protection of the nation’s security remains at the forefront of federal law enforcement efforts. Each
United States Attorney has created and leads an Anti- Terrorism Advisory Council ( ATAC). These
councils are comprised of federal, state, and local law enforcement, public health and safety
officials, and, where appropriate, private industry partners, all of whom are dedicated to the goal of
working together to provide comprehensive, coordinated prevention and prosecution operations.
The ATACs, formed shortly after September 11, 2001, and initially called Anti- Terrorism Task
Forces, continue to further the Department’s three- pronged approach to protecting America from
the threat of terrorism by focusing on the prevention of terrorist acts, the investigation of threats and
incidents, and the prosecution of those accused of committing crimes with terrorist connections or
intentions.
The ATACs have proven to be a valuable addition to the law enforcement community and
have made important contributions toward achieving the Department’s goals of preventing terrorism
and promoting national security. The ATACs are credited with helping to strengthen the
Department’s infrastructure devoted to counterterrorism, and assisting in the development of a
national network of representatives from federal, state, and local agencies, and private industry. The
ATACs continue to work closely with the FBI’s Joint Terrorism Task Forces and Field Intelligence
Groups which retain primary operational responsibility for terrorism investigations.
In Fiscal Year 2006, each United States Attorney’s office undertook several new actions to
ensure the United States Attorneys’ offices and ATACs remained an effective tool in the prevention
and disruption of terrorist acts. Each United States Attorney’s office, at the direction of the Deputy
Attorney General, reviewed a list of enforcement strategies that could be implemented in its district
to fortify defenses by hardening targets and protecting critical infrastructure. These enforcement
United States Attorneys 21
strategies or initiatives include combating identification and immigration fraud, protecting critical
infrastructure, and/ or providing financial systems safeguards. Each United States Attorney’s office
was directed to identify specific initiatives that fit the circumstances of its district and to implement
those initiatives. The offices have undertaken, on average, four initiatives each. The initiatives
undertaken in the various districts have strengthened the ability to prevent future terrorist crimes.
Another focus of the United States Attorneys’ offices during Fiscal Year 2006 was to ensure
that their ATACs were focused appropriately on their anti- terrorism mission and were operating
effectively. During the fiscal year, each United States Attorney’s office surveyed its ATAC
membership to determine whether the information sharing, training, and enforcement strategies
implemented in its district were effective. Using survey results, each United States Attorney’s office
made modifications to its ATAC program as needed. Also, each United States Attorney’s office
developed an Anti- Terrorism District Plan, based on a Model Plan, to ensure that the core objectives
of the ATAC program would be met. The core objectives included ongoing training, meetings,
information sharing among members and with the Department’s Counterterrorism Section ( CTS),
and periodic evaluation of the ATAC program. All plans were reviewed and evaluated by CTS’
National ATAC Coordinator and Regional ATAC Coordinators. All plans were found to comply
with the core requirements of the ATAC program. As a final comment on the management of the
ATAC program for Fiscal Year 2006, the United States Attorneys’ offices reported on the unique
ways in which each United States Attorney’s office structures its ATAC program, shares
information, offers training, and undertakes projects. The myriad ways used by the various United
States Attorneys’ offices were compiled into an Innovative Practices Report that was distributed to
all of the United States Attorneys’ offices.
The Department’s Office of Legal Education offered three anti- terrorism courses in Fiscal
Year 2006 at the National Advocacy Center ( NAC) in Columbia, South Carolina. The first, a
National Security Conference held in January 2006, focused on the investigation and prosecution
of terrorism cases. The second was an ATAC Workshop, held in February 2006, that focused on
the program aspects of the ATAC. The third, an Anti- Terrorism Prosecutors Conference, was held
in March 2006 and offered litigation training to ATAC Coordinators and other anti- terrorism
prosecutors. In all, 483 persons attended these three conferences. Additionally, the Intelligence
Research Specialists, who serve as terrorism analysts in each United States Attorney’s office, met
at a conference in August 2006, with 104 persons in attendance. Attorneys from the Department’s
Counterterrorism Section participated in the various conferences by helping develop the agenda,
presenting numerous sessions, and facilitating breakout sessions.
The ATAC Coordinators continued to work closely with the Counterterrorism Section
Regional ATAC Coordinators, who assist in coordinating, monitoring, and prosecuting many of the
counterterrorism cases handled in the United States Attorneys’ offices. During Fiscal Year 2006,
the United States Attorneys filed a total of 386 terrorism and anti- terrorism cases against 604
defendants. This includes international and domestic terrorism, terrorism- related financing, and
terrorism- related hoaxes, as well as anti- terrorism cases; that is, those cases brought to prevent or
disrupt potential or actual terrorist threats where the offense conduct is not obviously a federal crime
of terrorism. A total of 464 cases against 605 defendants were also terminated in Fiscal Year 2006.
22 2006 Annual Statistical Report
Examples of successful terrorism or anti- terrorism prosecutions handled by the United States
Attorneys during Fiscal Year 2006 include the following:
In the Southern District of California, a defendant, the last remaining
defendant in the San Diego “ Drugs- for- Stinger” missiles case, pleaded guilty to
conspiracy to distribute heroin and hashish and to providing material support to al-
Qaeda. The defendant, along with 2 other co- defendants, were arrested in Hong
Kong in 2002 after they had negotiated with an undercover Federal Bureau of
Investigation agent to exchange 5 metric tons of hashish and 600 kilograms of heroin
for 4 Stinger missiles that they intended to provide to al- Qaeda. The defendant was
sentenced to 18 years and 9 months in prison, followed by 5 years of supervised
release.
In the Middle District of Florida, 2 defendants pled guilty to knowingly
conspiring to make or receive contributions of funds, goods, and services to the
Palestinian Islamic Jihad, a specially- designated terrorist organization. The
defendants were sentenced to 4 years and 9 months in prison ( this defendant is to be
deported after serving his sentence, pursuant to a judicial order of removal entered)
with credit for the 39 months already served, and 3 years and 1 month in prison
followed by 3 years of supervised release, respectively.
In the Eastern District of New York, a defendant, a Pakistani immigrant
who was living in the United States illegally, was convicted of all charges pertaining
to a plot to use backpack bombs to blow up New York City’s 34th Street- Herald
Square subway station during or around the time of the Republican National
Convention in August 2004. The defendant was sentenced to 30 years in prison.
In the Southern District of New York, a defendant, a Pakistani national with
permanent resident alien status in the United States, was convicted on charges of
providing material support to al- Qaeda. The defendant agreed with his father and 2
al- Qaeda members to provide support to al- Qaeda by, among other things, attempting
to help an al- Qaeda member re- enter the United States to commit a terrorist act. The
defendant was sentenced to 30 years in prison, followed by 5 years of supervised
release.
In the Western District of Tennessee, a defendant was convicted of
attempting to acquire a chemical weapon, possession of plastic explosives, and
possession of an explosive device. The defendant, who had expressed strong pro-
Nazi and anti- Semitic views, wanted to obtain nuclear materials or nuclear waste to
build a bomb to be detonated at a government building. During a meeting with an
undercover agent, the defendant stated that he was interested in obtaining automatic
weapons and chemical weapons to attack an unspecified federal courthouse. The
defendant made a deal with the undercover agent to purchase methylphosphonyl
difluoride, which can be combined with isopropyl alcohol to produce Sarin gas. The
United States Attorneys 23
defendant also agreed to buy C4 explosives. The defendant was arrested
immediately after the deal was completed and ultimately sentenced to 30 years in
prison and supervised release for life.
In the Eastern District of Virginia, a defendant was sentenced to 2
consecutive life sentences, without parole, following his sentencing trial and his
guilty plea wherein he acknowledged his role in helping al- Qaeda carry out the
September 11, 2001, hijackings and terrorist attacks. It was found that the
defendant’s lies to the Federal Bureau of Investigation had contributed to at least 1
death on September 11, 2001. The defendant was affiliated with al- Qaeda and
conspired with the 19 September 11th hijackers, as well as with Osama Bin Laden
himself and other members.
In the Eastern District of Virginia, a defendant was convicted of a variety
of terrorism offenses surrounding his seeking out and joining an al- Qaeda cell in
Saudi Arabia where he received training in weapons, explosives, and document
forgery. While in Saudi Arabia, the defendant, along with other members of the cell,
began to develop plans for several potential terrorist plots against the United States,
including a plot to assassinate the President and a plot to hijack aircrafts destined for
the United States and use them in September 11th style attacks. The defendant was
sentenced to 30 years in prison, followed by 30 years of supervised release.
In the Eastern District of Virginia, a defendant was convicted of providing
material support to Lashkar- e- Taiba before and after it was designated a foreign
terrorist organization. The defendant assisted Mohammed Khan, a senior official and
procurement officer for Lashkar- e- Taiba, in acquiring equipment for the
organization. The defendant was sentenced to 15 years in prison.
Firearms
The United States Attorneys had successes in Fiscal Year 2006 consistent with the
Administration’s goal to reduce and eliminate firearms- related criminal conduct and violent crime.
On May 14, 2001, the President and the Attorney General, along with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, announced Project Safe Neighborhoods ( PSN): America’s
Network Against Gun Violence. PSN focuses on a collaborative effort between all law enforcement
organizations and community and faith- based groups to build or enhance effective gun crime
reduction programs. PSN consists of 5 essential elements: partnership; strategic planning; training;
community outreach and public awareness; and accountability. United States Attorneys in each of
the federal judicial districts work side by side with local law enforcement and other officials
to tailor the PSN strategy to fit the unique gun crime problem in their district. Although programs
may differ among individual districts, the 5 essential elements are met through heightened
coordination and increased resources among federal, state, and local agencies to target gun crime.
24 2006 Annual Statistical Report
During Fiscal Year 2006, PSN Task Forces and United States Attorneys’ offices across the
nation continued to vigorously enforce gun laws to prevent and deter gun crime. Their efforts
resulted in 12,479 defendants charged under 18 U. S. C. 922 or 924, and 10,425 cases filed. When
compared with the prior year, this represents a 4 percent decrease in the number of cases filed.
However, the cases filed in Fiscal Year 2006 represent a 66 percent increase when compared with
Fiscal Year 2000, the year that collaborative efforts began under PSN. The 12,479 defendants filed
in Fiscal Year 2006 included not only those charged in cases that were handled by the United States
Attorneys’ offices as purely firearms cases, but also defendants charged with firearms offenses in
any other criminal case, such as narcotics cases, organized crime cases, violent crime in Indian
Country cases, or other violent crime cases such as bank robberies.
Criminals convicted of violating gun laws continue to receive substantial punishment for
their crimes. During Fiscal Year 2006, 92 percent of all defendants who were terminated were
convicted, representing the highest conviction rate over the last several years. Of the convicted
defendants, 11,332, or 94 percent, were sentenced to prison. Of the defendants sentenced to prison,
8,468, or 75 percent, were sentenced to terms of 3 years or more in prison, and 6,150, or 54 percent,
were sentenced to terms of 5 or more years in prison, including 121 life sentences. Life sentences
increased 8 percent when compared with Fiscal Year 2005. This is one indicator that the United
States Attorneys and PSN Task Forces are appropriately prosecuting extremely violent criminals.
Examples of successful firearms prosecutions handled by the United States Attorneys during
Fiscal Year 2006 include:
In the District of Maryland, a defendant was sentenced to 20 years in prison
for using, carrying, and discharging firearms in relation to a drug trafficking offense
and car- jacking. The defendant operated a drug distribution network known as the
North Avenue Boys, which sold large quantities of heroin, cocaine and crack cocaine
in East Baltimore. The defendant committed acts of violence against members of a
rival neighborhood drug trafficking group known as the Project Boys, including
kidnapping the leader’s wife. The victim was taken to the defendant’s home where
she was threatened and questioned as to the whereabouts of her husband and other
members of the Project Boys. The victim was later driven to another location where
she was shot. The victim survived and reported the incident to the police. The
police located the defendant while driving the victim’s vehicle to another location
in order to destroy it.
In the Eastern District of North Carolina, a defendant was sentenced to 22
years and 7 months in prison for armed robbery and discharging a firearm during a
crime of violence. The defendant entered a local convenience store, shot the store
clerk, and then stole money from the cash register. Officers were able to review the
store’s surveillance tapes which led to the defendant’s apprehension. The store clerk,
a father to 3 children, survived the shooting but was permanently disabled. The
defendant had previously served 5 years in prison for second- degree murder and had
been charged with several other misdemeanor offenses.
United States Attorneys 25
In the District of South Carolina, a defendant was sentenced to life in prison
for being a felon in possession of a firearm and ammunition after the judge found
him to be an armed career criminal and determined that the defendant used a firearm
to commit first- degree murder. The defendant was arrested following a shooting
spree outside a nightclub. Witnesses testified that the defendant, who was employed
as a bouncer at the nightclub, directed another person to retrieve a .45 caliber pistol
from his car. When the defendant received the weapon, witnesses stated he paced
back and forth in front of the club while making threatening statements. The
defendant then fired into 2 separate crowds of people who had gathered in front of
the club, killing 1 and seriously wounding another. After firing the shots, the
defendant walked into the nightclub's bathroom and reloaded the pistol before hiding
it. He was arrested at the scene. The defendant has prior convictions for distribution
of crack cocaine, assault and battery of a high and aggravated nature, and assault and
battery with intent to kill.
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.
The Organized Crime Drug Enforcement Task Force ( OCDETF) Program is an integral part
of this strategy. The OCDETF program combines the efforts and expertise of federal, state, and
local law enforcement agencies in disrupting and dismantling major drug trafficking organizations.
The use of the Consolidated Priority Organization Target ( CPOT) List, which targets international
trafficking organizations, and the Regional Priority Organization Target ( RPOT) List, which targets
the domestic partner organizations of the CPOTs, forms the backbone of the OCDETF targeting
matrix. The Department continues to place an emphasis on conducting financial investigations as
a key part of the OCDETF program.
In 2002, the Administration, through the Office of National Drug Control Policy, established
a goal of reducing use of illegal drugs by 10 percent in 2 years and 25 percent in 5 years. This goal
is being achieved through the Department’s supply reduction efforts and through programs aimed
at prevention and treatment. During Fiscal Year 2006, 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. Many offices were actively involved in planning these demand reduction
programs in support of a national demand reduction initiative. For instance, the United States
Attorneys played a leading role in the development of the National Methamphetamine Awareness
Day message. On November 30, 2006, National Methamphetamine Awareness Day ( NMAD),
United States Attorneys from various offices collectively participated in more than 100 community
events, as well as press appearances highlighting the dangers associated with methamphetamine use.
26 2006 Annual Statistical Report
During Fiscal Year 2006, the United States Attorneys filed 15,498 cases against 29,171 drug
defendants. This represents a 4 percent decrease in the number of cases filed and a 3 percent
decrease in the number of defendants filed when compared with the prior year. These cases included
both OCDETF and non- OCDETF drug cases as well as those drug cases classified under the
Government Regulatory/ Money Laundering program category. A total of 16,114 cases against
29,706 defendants were also terminated. Ninety- two percent of the defendants who were terminated
in Fiscal Year 2006 were convicted. Of the convicted defendants, 92 percent were sentenced to
prison.
The nature of the methampetamine trade is changing with the Drug Enforcement
Administration estimating that over 80 percent of the methamphetamine consumed in the United
States is imported after being manufactured in Mexico. As the methamphetamine trade transforms,
the case filings have undergone similar changes. Case filings regarding Methampethamine Labs,
particularly Small Toxic Laboratories, have continued to drop from a high of 114 cases filed in
Fiscal Year 2003 to 64 cases filed in Fiscal Year 2006. The number of methamphetamine cases filed
in Fiscal Year 2006 was 2,406, a decrease of 8 percent when compared with the previous year.
OCDETF
The Attorney General’s Drug Enforcement Strategy refocused the Organized Crime Drug
Enforcement Task Force ( OCDETF) Program to identify, disrupt, and dismantle major drug supply
and money laundering organizations through coordinated, nationwide investigations targeting the
entire infrastructure of these enterprises. OCDETF combines the resources and expertise of its
member federal agencies - the Drug Enforcement Administration, Federal Bureau of Investigation,
Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Marshals, Internal Revenue
Service, United States Immigration and Customs Enforcement, and United States Coast Guard - with
United States Attorneys’ offices across the country, to investigate and prosecute these major drug
supply and money laundering organizations. Law enforcement has developed a priority targeting
strategy that identifies and targets organizations at all levels of the drug supply pyramid. The
international “ command and control” organizations - the “ most wanted” of the drug trade - are
identified on the multi- agency CPOT List. OCDETF agencies have also identified various
organizations which operate domestically and pose a major threat to a particular region or regions
of the United States. The OCDETF Program seeks to target all drug trafficking and money
laundering networks that are “ linked” to these international, national, and regional priority targets
and, thereby, to attack simultaneously all components of these organizations nationwide.
The OCDETF Program continues to focus resources on long- term, more complex
investigations of high- level organizations operating in multiple jurisdictions. During Fiscal Year
2006, the United States Attorneys filed 2,529 OCDETF cases against 8,182 defendants, representing
a 1 percent increase in cases filed and a 1 percent increase in defendants filed when compared with
the prior year. In addition, the United States Attorneys terminated 2,783 OCDETF cases against
8,305 defendants. A total of 7,391 defendants, or 89 percent of all terminated defendants, were
convicted, with 91 percent of all convicted defendants sentenced to prison. Fifty- eight percent of
the defendants were sentenced to prison for more than 5 years.
United States Attorneys 27
The following investigative activities during Fiscal Year 2006 reflect the OCDETF
Program’s commitment to disrupting and dismantling high- level drug supply and money laundering
organizations:
In the Eastern District of California, a defendant was sentenced to 30 years
in prison for a conspiracy to commit several federal drug offenses including
distribution of crystal methamphetamine, distribution of marijuana, distribution of
cocaine, possession with intent to distribute marijuana, and possession with intent
to distribute crystal methamphetamine. The conspiracy involved the importation of
high- potency British Columbia marijuana, crystal methamphetamine, and Ecstasy
from Canada into California. The drugs were supplied to lower- tier sellers and sold
in northern California. The Canadian drug traffickers would not accept payment in
American dollars, preferring instead to be paid in kilos of cocaine. The defendant’s
role was to supply the cocaine used to pay the Canadian suppliers. The defendant’s
sentencing is the last in a case involving 21 total defendants.
In the Northern District of Ohio, a defendant was sentenced to 30 years in
prison for conspiracy to distribute marijuana and cocaine, distribution of marijuana,
conspiracy to launder monetary instruments and laundering monetary instruments.
He was one of 25 defendants charged after an 18- month investigation which was a
cooperative effort among agents in Cleveland, Phoenix, Tucson, and south Florida.
The defendant headed an organization which procured marijuana from Mexico
through Arizona, and distributed it in Ohio, Florida, Pennsylvania, New York City,
and other locations. During the investigation, 9 T- III applications were filed and
agents monitored 9 cellular telephones, 6 in Cleveland and 3 in Tucson, seizing
$ 522,030, more than 1,000 pounds of marijuana, and 30 kilograms of cocaine. The
defendant forfeited 2 houses, his residence and a “ grow house,” and a vacant lot,
with a total value of $ 2,024,000.
In the Northern District of Ohio, a defendant pled guilty to conspiring to
distribute 150 kilograms or more of cocaine and to money laundering. The
defendant was the head of an organization responsible for selling hundreds of
kilograms of cocaine in the Cleveland area and was the last of 9 defendants to enter
guilty pleas. The defendant was sentenced to 27 years in prison and forfeited about
$ 250,000 in property, which included real estate, bank accounts, a vehicle, and a
gun. One of the co- defendants previously pled guilty to conspiring to distribute 15-
50 kilograms of cocaine and to money laundering. The co- defendant was required
to forfeit about $ 500,000 in property, including his residence, $ 100,000 in currency,
a 2002 BMW, and 2 Ford trucks. In addition, there were at least 2 significant
seizures of cocaine that were linked to this organization: a 79 kilogram seizure in
New Mexico, and a 73 kilogram seizure in Beachwood, Ohio.
28 2006 Annual Statistical Report
In the Northern District of Texas, a defendant was sentenced to life in
prison followed by 30 years in prison. The defendant was found guilty of conspiracy
to distribute 50 grams or more of crystal methamphetamine and possessing a
machine gun in furtherance of a drug trafficking crime. Based on 5 prior felony drug
convictions, he was sentenced to life in prison on the drug conviction and 30 years
in prison on the firearms conviction, to run consecutively. The defendant was
ordered to forfeit $ 690,980 in real property, $ 100,000 in vehicles, and $ 73,371 in
cash. Numerous weapons were seized during the investigation, 2 of which were
linked to homicides. In 2003, the defendant’s brother was found dead with 16 bullet
holes in his body. Another man was shot through the front door of his home on
Christmas Day that same year. Cooperating witnesses blamed the defendant for
these murders. One month prior to his arrest, the defendant led police on a high-speed
chase, during which he threw approximately $ 11,000 in cash out of his car
window.
In the Southern District of Texas, a defendant was sentenced to 24 years
and 2 months in prison for using the Sheriff’s Department and his position as Sheriff
to operate an enterprise that engaged in acts of extortion, drug trafficking,
obstruction of state and local law enforcement efforts, witness tampering, and
bribery. The defendant was convicted of participating in a criminal enterprise in
violation of the RICO charge of the indictment. In addition, the defendant was
ordered to pay a fine of $ 5,000. Other members of the defendant’s criminal
enterprise were also sentenced. Two members were sentenced to 9 years and 6
months in prison and 1 year and 2 months in prison, respectively, while two
associates were sentenced to 1 year and 4 months in prison and 6 months in prison,
respectively.
In the Western District of Washington, a defendant was sentenced to 14
years in prison for conspiracy to distribute methamphetamine, conspiracy to
distribute cocaine, distribution of methamphetamine and cocaine, and possession of
cocaine. The defendant was a key player in an extensive drug distribution ring
which sold cocaine and crystal methamphetamine. In one particular instance, an
undercover detective was able to purchase as much as one- fourth pound of crystal
methamphetamine from the drug ring. Also, during a court ordered wiretap on the
defendant’s phone, agents intercepted more than 1,200 calls where the defendant
discussed his drug dealing. Eleven others in the drug ring have already entered
guilty pleas and have been sentenced ranging from 12 years in prison to 5 years and
6 months in prison.
Non- OCDETF Drugs
In addition to OCDETF cases, the United States Attorneys also filed a total of 12,969 non-
OCDETF drug cases against 20,989 defendants during Fiscal Year 2006. This represents a 5 percent
decrease in cases filed and a 5 percent decrease in defendants filed when compared with the prior
year. A total of 13,331 non- OCDETF cases against 21,401 defendants were also terminated during
United States Attorneys 29
the year, representing a 7 percent increase in the number of defendants 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 2006 include the following:
In the District of Arizona, a defendant was sentenced to 5 years and 10
months in prison after he was indicted and found guilty of possession with intent to
distribute approximately 115 kilograms of marijuana. Drug Enforcement
Administration agents arrested the defendant after United States Border Patrol agents
discovered 253 pounds of marijuana in his locked shed next to his house.
In the Western District of Kentucky, a defendant, a captain in the Indiana
National Guard, was sentenced to 7 years and 3 months in prison for
methamphetamine drug trafficking and possessing firearms while using
methamphetamine. Police executed search warrants for both his residence and a
rented apartment and found approximately 204 grams of methamphetamine at the
apartment and approximately 35 grams of methamphetamine at his residence, all of
which had an approximate street value of $ 24,000. Police also found digital scales,
a money counter, a drug safe, approximately $ 9,000 in cash, a Smith and Wesson
.9mm handgun, and a Taurus .45 caliber handgun.
In the Eastern District of North Carolina, a defendant was sentenced to 10
years in prison for drug and gun charges. The defendant took part in 3 of 4
controlled purchases of crack cocaine totaling 1 gram. After the fourth controlled
purchase of .2 grams of crack cocaine, a search warrant was executed for a residence
linked to the defendant. At the time of the search, the defendant was inside the house
with his girlfriend. A search of the bedroom revealed measuring scales with visible
cocaine residue, 13.5 grams of marijuana in a clear plastic bag, 5.1 grams of crack
cocaine next to the scales, a .32 caliber loaded handgun located in plain view on the
bed, a 12 gauge shotgun, a .22 caliber rifle, and a marijuana cigarette on top of a mail
document with the defendant’s name and address. During the search, the defendant
was instructed to sit on the couch and an officer saw him attempt to conceal a clear
bag of off white rock substance between the cushions of the couch. The defendant
was asked to stand up and a clear bag containing approximately 36 grams of crack
cocaine was recovered.
In the Southern District of Texas, 2 defendants, both former federal Air
Marshals who were previously convicted of drug and bribery charges, were
sentenced to 9 years in prison and 7 years and 3 months in prison, respectively. The
defendants were arrested as they drove away together from one of their homes after
a cooperating witness delivered 15 kilograms of cocaine and $ 15,000 in cash to the
home. The defendants agreed to use their official positions as federal Air Marshals
to bypass airport security at Bush Intercontinental Airport and smuggle the cocaine
30 2006 Annual Statistical Report
onboard a flight bound for Las Vegas, Nevada, in exchange for $ 15,000. Following
the arrest, federal agents recovered the 15 kilograms of cocaine from the defendant’s
home.
In the Eastern District of Washington, 2 defendants were sentenced to 16
years in prison and 14 years in prison, respectively, for conspiracy to distribute
methamphetamine, cocaine, marijuana, and heroin. Both were found to be leaders
and organizers of the Rivera Drug Trafficking Organization and a subsequent
OCDETF investigation resulted in an indictment listing 21 conspirators and
effectively dismantled the organization.
Corporate Fraud
Cases of fraud and deception by corporate executives threaten more than the future of a few
companies; they destroy workers’ incomes, wipe out retirement accounts, devastate investor
confidence, and cast a shadow over the integrity and reputation of American business itself. During
Fiscal Year 2006, the United States Attorneys continued to combat corporate fraud and punish
corporate wrongdoers. In doing so, United States Attorneys’ offices filed 93 corporate fraud cases
against 157 defendants during the fiscal year. In addition, 294 defendants were terminated with 254
defendants convicted of corporate fraud charges, representing an 86 percent conviction rate.
Additionally, 69 percent of these convicted defendants were sentenced to prison. The continued
number of significant corporate fraud matters undertaken by the United States Attorneys has
contributed substantially to restoring confidence in America’s financial markets and reinvigorating
corporate governance practices.
The Corporate Fraud Task Force, created by the President by Executive Order No. 13271
on July 9, 2002, is led by the Deputy Attorney General. The task force includes as members the
United States Attorneys for the Central District of California, Northern District of California,
Northern District of Illinois, Eastern District of New York, Southern District of New York, Eastern
District of Pennsylvania, and Southern District of Texas, as well as several federal law enforcement
and regulatory agencies with jurisdiction over the securities industry.
Examples of corporate fraud cases successfully prosecuted by the United States Attorneys
during Fiscal Year 2006 include the following:
In the Central District of California, after a three- month trial, a jury
convicted the former Chief Executive Officer ( CEO) of Homestore. com, a publicly
traded, Internet- based real estate business. The trial focused on the defendant’s role
in a wide- ranging revenue inflation scheme in which Homestore. com falsified its
advertising sales to meet financial targets throughout 2001. The jury convicted the
former CEO on 18 counts of conspiracy, filing false quarterly reports to the SEC on
Form 10- Q, insider trading, lying to accountants, and falsification of corporate books
and records. The United States District Judge subsequently ordered that the former
CEO be taken into custody, and commented that the evidence of defendant’s
participation in the fraud scheme was “ overwhelming.” The former CEO was
United States Attorneys 31
sentenced to 15 years in prison. Eleven former Homestore. com executives and
employees have been convicted as a result of the scandal.
In the Middle District of North Carolina, a defendant was convicted who
operated under several businesses including Magna Corporation, Nations Group,
Integrity Corporation, and Fidelity Group, Inc. These corporations were already
defunct or in bankruptcy by the time of the defendant’s indictment. The defendant’s
actual position with the various entities was unknown but he was the one in charge
of running them and supervising employees from the Durham, North Carolina,
offices of the businesses. The defendant was charged in a 21- count indictment,
charging mail fraud, wire fraud, health care fraud, money laundering, false
statements to a financial institution and tax evasion. He pled guilty to counts of mail
fraud, health care fraud and tax evasion and was sentenced to 12 years and 6 months
in prison and fined $ 100,000. Restitution of $ 4,565,477 was ordered, as well as the
forfeiture of his assets.
In the Eastern District of Pennsylvania, Schering- Plough Corporation was
investigated for offering and paying a health maintenance organization ( HMO) a
kickback of $ 1.8 million to induce the HMO to keep its blockbuster drug Claritin on
its formulary. Ultimately, a subsidiary of the corporation pled guilty to criminal
charges and paid a fine of $ 52.5 million. Schering- Plough Corporation paid more
than $ 290 million to resolve its civil liabilities in connection with its illegal and
fraudulent pricing of Claritin.
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 foreign origin, bias motivated crimes, trafficking in persons, police
and other official misconduct, and violations of voting rights.
The United States Attorneys’ offices also enforce federal statutes prohibiting discrimination
in housing, consumer credit, and public accommodations. In addition to these traditional areas, the
Department is increasing its efforts in protecting the growing number of elderly Americans. The
increasing number of older adults residing in long- term care facilities are often particularly
vulnerable to inadequate or failure of care and treatment. These efforts are very important as elder
abuse and neglect often go undetected and the medical community is rarely trained to diagnose or
report it.
32 2006 Annual Statistical Report
During Fiscal Year 2006, the United States Attorneys filed 84 criminal civil rights cases
against 164 defendants. This represents a 25 percent increase in the number of cases filed and a 25
percent increase in the number of defendants filed when compared with the prior year. The United
States Attorneys also terminated a total of 69 cases against 92 defendants. Eighty- eight percent of
the defendants whose cases were terminated during the year were convicted, with 69 percent of the
convicted defendants sentenced to prison.
Trafficking in Persons
Trafficking in persons is a modern- day form of slavery, and is a significant problem in the
United States and abroad. Victims are often lured from outside the United States with false promises
of better economic opportunities and good jobs, and then are forced to work under inhumane
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 United States Attorneys during Fiscal Year
2006 include the following:
In the District of Hawaii, a defendant was sentenced to 26 years in prison
for involuntary servitude, forced labor, human trafficking, alien smuggling, and
related offenses. The defendant smuggled illegal aliens from Tonga into Hawaii to
work for his landscaping and construction businesses and on his pig farm. The
defendant housed the victims on his farm, which had no hot water and no indoor
plumbing. The victims were paid between $ 0 and $ 100 per week, beaten with
lumber and a metal spike, and fed so little food that they resorted on occasion to
eating stray dogs.
In the Eastern District of New York, in one of the largest sex trafficking
cases brought to date under the Trafficking Victims Protection Act, 3 defendants
were convicted of offenses related to forcing young Mexican women into prostitution
in brothels between 1991 and 2004. Two defendants were sentenced to 50 years in
prison, while a third defendant was sentenced to 25 years in prison. All of the
defendants were members of an organized sex trafficking ring that operated between
Mexico and New York and recruited young, uneducated Mexican women from
impoverished backgrounds, smuggled them into the United States, and forced them
to engage in prostitution. The defendants used threats of physical harm and restraint
to force the women to commit acts of prostitution and physically assaulted their
victims and caused them serious bodily injury. The money that was earned by the
United States Attorneys 33
victims was split between the owners and managers of the brothels, the defendants,
and other members of the defendants’ criminal organization.
In the Northern District of Texas, a defendant was convicted of conspiracy
and forced labor charges and sentenced to 10 years in prison, while the defendant’s
wife was convicted of aiding and abetting the employment of unlawful aliens and
sentenced to probation and deportation. The defendant used an international
smuggling ring to bring young South Korean women to the United States, and then
forced the victims to work as club hostesses at his nightclub in Dallas. The
defendant required his victims to live at his residence and work 6 to 7 nights a week
at the club. He also held their passports and would not allow them to leave until they
had paid their smuggling debt to him. The defendant further restricted the victims’
freedom by using video surveillance to monitor their movements inside his home and
by placing guards at the exits of his club.
Bias Motivated Crimes
The United States Attorneys continued their efforts to ensure that any problems of bias
motivated crimes in their districts were adequately addressed. The United States Attorneys’ offices
continued to deter civil rights violations through the prosecution of these crimes.
Examples of cases successfully prosecuted by United States Attorneys during Fiscal Year
2006 include the following:
In the District of Utah, a defendant was sentenced to 8 years and 9 months
in prison for participating in a racially motivated beating of an African- American
man in Salt Lake City. The victim, who was attacked as he rode his bike to work,
was kicked and struck in the head with a beer bottle.
Official Misconduct
The conviction of law enforcement officers who deprive citizens of rights under color of law
or use threat or force to injure or intimidate persons in their enjoyment of specific rights is an
important part of the Department’s effort to keep our streets and neighborhoods safe for citizens
across the country.
Examples of civil rights cases, specifically pertaining to official misconduct, that were
successfully prosecuted by the United States Attorneys during Fiscal Year 2006 include the
following:
In the Eastern District of Louisiana, a defendant was sentenced to life in
prison following his conviction of 2 counts of deprivation of rights under color of
law against 2 separate victims. While serving as a Deputy City Attorney for the City
of New Orleans, the defendant violated the civil rights of his victims by sexually
34 2006 Annual Statistical Report
assaulting them. After meeting his victims in the Municipal Court, the defendant
separately lured each victim to his private law office in New Orleans by claiming
that their presence was needed to complete court business. Thereafter, the defendant
forcibly raped the victims in his office.
United States Attorneys 35
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.
As reflected on Table 16, the United States Attorneys’ offices filed asset forfeiture counts in 4,053
criminal cases which sought forfeiture as a criminal penalty during Fiscal Year 2006, representing a 7
percent increase over the prior year. At the end of the fiscal year, there were 6,204 criminal asset
forfeiture cases pending, an increase of 11 percent when compared to Fiscal Year 2005. Additionally,
2,181 civil forfeiture actions were filed by the United States Attorneys during the fiscal year, representing
a 3 percent decrease when compared to the prior year.
36 2006 Annual Statistical Report
As shown on Table 5, the United States Attorneys also obtained 1,282 civil asset forfeiture
judgments in favor of the United States during the year, which represents a 5 percent decrease when
compared with the prior year. Asset Forfeiture Chart 1 above reflects the number of judgments the United
States Attorneys’ offices obtained in criminal and civil asset forfeiture cases during the past 10 years. The
chart does not include federal administrative asset forfeiture matters or state court filings.
The United States Attorneys’ work on judicial asset forfeitures resulted in an estimated recovery
of $ 703,280,200 in forfeited cash and property during Fiscal Year 2006. This represents an increase of
53 percent when compared to Fiscal Year 2005. Approximately $ 9,391,913, or 1 percent, of the forfeited
property was retained for official law enforcement use. Approximately $ 54,608,882 of asset forfeiture
proceeds were applied to restitution in victim- related offenses. See Table 16. All other assets were
converted to cash value and the proceeds used for law enforcement purposes by federal, state, local, and
foreign law enforcement.
Asset Forfeiture Chart 2 above shows combined civil and criminal asset forfeiture recoveries
reported through collections by United States Attorneys’ offices over the past 10 years. The chart does
not include federal administrative forfeitures or state court forfeitures.
Examples of asset forfeiture cases successfully handled by the United States Attorneys during
Fiscal Year 2006 include the following:
In the Middle District of Florida, the owner of multiple corporations that operated
a series of souvenir shops in the tourist district of Orlando was prosecuted. Approximately
40 percent of the companies' employees were illegal alien laborers. After the defendant
was convicted of harboring illegal aliens, the United States forfeited $ 1,574,788 in lieu of
the real property which had facilitated the offenses.
United States Attorneys 37
In the Eastern District of Kentucky, 17 defendants involved in a large- scale
cocaine and marijuana distribution ring were prosecuted and this resulted in the forfeiture
of over $ 11 million to the United States. Following their conviction, the court entered an
order requiring the defendants to forfeit more than $ 10 million in proceeds of their illegal
activity, in addition to 15 pieces of real property, valued at $ 1,689,791, used to commit the
offenses.
In the Southern District of New York, the United States Attorney’s office
forfeited $ 337.5 million in connection with the prosecution of a large, Manhattan- based
financial services company for fraud. An additional $ 100 million is still expected to be
forfeited. The funds were forfeited from a bank after investigators learned of the bank’s
participation in the massive fraud committed by the former executives of the financial
services company. The forfeited funds are to be restored to the victims of the fraud.
In the District of Oregon, the owner of a coffee shop was prosecuted after the
United States Marshals Service seized a large quantity of pseudoephedrine, a key
ingredient in the manufacture of methamphetamine, from his business. A 2- year
investigation revealed that the defendant used the coffee shop as a business front to
distribute pseudoephedrine and other methamphetamine ingredients. The defendant was
sentenced to 11 years and 3 months in prison and ordered to forfeit the coffee shop
property. The coffee shop, which sits adjacent to an elementary school and a high school,
was converted into a community center.
38 2006 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 2006, the United States Attorneys’ offices received a total of 80,760 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 Homeland Security.
See Table 6 and Chart 1 below. Of the matters received, 12,675, or 16 percent, were affirmative matters,
50,853, or 63 percent, were defensive matters, and 17,232, or 21 percent were other civil matters. During
the same period of time, the United States Attorneys’ offices terminated a total of 8,261 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 2006, there were a total of 126,372 pending civil matters and cases,
representing 47 percent of the 271,208 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 2006, 21,910,
or 17 percent, were affirmative litigation, 84,431, or 67 percent, were defensive litigation, and 20,031, or
16 percent, were other civil cases and matters handled by the United States Attorneys. See Table 5.
United States Attorneys 39
While the pending civil matters and cases represent a diverse range of causes of action, 77 percent
of these matters and cases were classified as Bankruptcy, Commercial Litigation, Prisoner Litigation,
Program Litigation, and Social Security. See Table 5. The data on Table 5 does not reflect case
complexity, and, as with any statistical representation of workload, cannot paint an accurate picture of the
time and effort required to investigate and litigate the matters and cases. For example, matters and cases
in the areas of asset forfeiture, employment discrimination, constitutional torts, and fraud are some of the
most complex cases handled by the United States Attorneys’ offices, and represent only 16 percent of all
pending matters and cases, but may involve months of investigation, depositions, discovery, and a lengthy
trial. Conversely, a tax lien case may involve one short appearance before a judge. Nonetheless, each
matter and case is treated the same for statistical purposes.
A total of 15,816 civil matters were pending as of the end of Fiscal Year 2006. Of these pending
matters, 4,051, or 26 percent, had been pending for less than 6 months, 7,007, or 44 percent, had been
pending for less than 12 months, and 9,892, or 63 percent, had been pending for less than 24 months. See
Table 12.
During Fiscal Year 2006, the United States Attorneys’ offices filed or responded to a total of
71,402 civil cases, a decrease of 9 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 Homeland Security. See Table 6 and Chart 2
below.
Of the 71,402 civil cases filed or responded to by the United States, 7,109, or 10 percent, were
affirmative civil cases, 49,701, or 70 percent, were defensive civil cases, and 14,592, or 20 percent, were
other civil cases. Also during Fiscal Year 2006, the United States Attorneys’ offices terminated a total
of 68,858 cases. Judgments were issued in 30,138, or 44 percent, of these cases. A total of 23,026, or 76
percent, of these judgments were in favor of the United States. Additionally, 13,698, or 20 percent, of the
cases were settled. See Civil Charts 3 and 4 below, and Table 5.
40 2006 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
and following year data for civil cases disposed of by trial cannot be compared to data for Fiscal Year 1999 and prior years.
A total of 110,556 civil cases were pending as of the end of Fiscal Year 2006. Of these pending
cases, 27,316 or 25 percent, had been pending for less than 6 months, 45,891, or 42 percent, had been
pending for less than 12 months, and 68,553, or 62 percent, had been pending for less than 24 months.
See Civil Charts 5 and 6 below, and Table 13.
United States Attorneys 41
Civil Chart 7 below displays civil cases filed or responded to by cause of action, or case type,
during Fiscal Year 2006, while Civil Chart 8 below displays civil cases pending by cause of action, or case
type, as of the end of Fiscal Year 2006.
42 2006 Annual Statistical Report
United States Attorneys 43
44 2006 Annual Statistical Report
Affirmative Civil Litigation
Affirmative civil litigation includes several practice areas, primarily, affirmative civil enforcement
( ACE), civil asset forfeiture, and bankruptcy adversarial proceedings. It also includes 2 other groups of
cases: commercial litigation, which comprises such affirmative cases as collection of defaulted Health
Education Assistance loans, National Health Service Corps scholarships, and other student loans; and
program litigation, which refers to such affirmative matters as enforcement of administrative subpoenas,
judicial assistance provided on behalf of international requests, and tax- related cases and matters which
are not seeking a tax refund.
The United States Attorneys received a total of 12,675 affirmative civil matters, and filed a total
of 7,109 affirmative civil cases during Fiscal Year 2006. This represents an increase of 4 percent in the
number of matters received and a decrease of 10 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 2006, a total of 21,910 affirmative civil matters and cases were
pending, representing 10,400 civil affirmative matters and 11,510 civil affirmative cases. The largest
category of affirmative civil matters received was asset forfeiture ( 35 percent of all matters received),
followed by commercial litigation ( 23 percent) and program litigation ( 15 percent). The largest categories
of affirmative civil cases filed were asset forfeiture ( 30 percent of all cases filed) and commercial litigation
( 23 percent), followed by program litigation ( 15 percent).
The United States Attorneys terminated a total of 4,822 affirmative civil matters in Fiscal Year
2006. 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 2006, 4,811 affirmative civil cases were resolved by judgments, with
4,719, or 98 percent, of these judgments in favor of the United States.
Affirmative Civil Enforcement
The Affirmative Civil Enforcement ( ACE) program is an essential component of the United States
Attorneys’ successful prosecution of fraud, waste, and abuse in federal programs. ACE litigation recovers
funds wrongfully paid by the United States, and helps ensure that the government is fully compensated
for the losses and damages caused by those who have enriched themselves at the government’s expense.
Further, beyond recouping the government’s losses, ACE advances federal agencies’ goals for program
integrity by deterring future misconduct.
The primary statutory tool of ACE attorneys is the civil False Claims Act, which provides the
United States with a cause of action against any person who knowingly presents, or causes to be presented,
a false or fraudulent claim for money or property to the United States; makes or causes to be made a false
statement to get a false claim paid or approved; conspires to defraud the government by getting a false
claim paid; or makes, uses, or causes to be made or used, a false statement to conceal, avoid, or decrease
an obligation to the government. The statute provides for treble damages for the government’s loss, plus
penalties for each false claim.
United States Attorneys 45
In addition, ACE attorneys may use other statutes and common law remedies to recoup monies
wrongfully obtained from the United States and obtain compensation for the government’s losses. These
include the Medical Care Recovery Act, the Truth in Negotiations Act, the Buy American Act, the Civil
Racketeer Influenced and Corrupt Organizations Act, the Anti- Kickback Act, and common law causes of
action for fraud, negligent misrepresentation, and breach of contract.
Although many of the False Claims Act matters and cases handled by the United States Attorneys
are referred directly from federal or state agencies, a significant number of them result from filings by
private persons known as “ relators” who file suits on behalf of the federal government under the qui tam
provisions in the Act. When a qui tam complaint is filed, the government inquires into the relator’s
allegations and decides whether to pursue them. If a qui tam lawsuit ultimately results in a recovery for
the United States, the relator may be entitled to share in that recovery.
Another significant aspect of the United States Attorneys’ ACE programs is the use of the civil
remedies provided in many federal statutes to enforce the United States’ laws and ensure that those who
have imposed illegal burdens on the public accept responsibility for them. Examples include: civil cases
brought under the Comprehensive Drug Abuse Prevention and Control Act; the Consumer Products Safety
Act; and various environmental and civil rights statutes.
In Fiscal Year 2006, the United States Attorneys reported the recovery of over $ 3.1 billion
the ACE program. During Fiscal Year 2006, 1,517 ACE cases and matters were settled or resulted in
judgments, representing a 4 percent increase when compared to Fiscal Year 2005.
During Fiscal Year 2006, the United States Attorneys received 4,805 ACE matters, an increase of
20 percent when compared with the prior year, and filed or responded to 1,887 ACE cases, representing
a decrease of 3 percent when compared with Fiscal Year 2005. At the end of Fiscal Year 2006, 9,352 ACE
matters and cases were pending, up from 8,673 at the end of Fiscal Year 2005. 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 2006, 1,268 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
2006, the United States Attorneys filed or responded to 217 civil health care fraud cases, representing a
decrease of 18 percent when compared to the prior year.
Examples of cases successfully handled by the United States Attorneys during Fiscal Year 2006
include the following:
In the Central District of California, in a matter jointly handled by the Civil
Division and several other districts, Tenet Healthcare, Inc., settled a multi- faceted
investigation of its Medicare billing practices for a combined total of approximately $ 920
million. The settlement involved the resolution of several cases filed around the country.
In the Central District of California and the Eastern District of Virginia, in a
matter jointly handled by both districts, the Boeing Company entered into a $ 565 million
pre- litigation settlement of allegations that they used misappropriated data in submitting
a winning bid in a significant Department of Defense contract.
46 2006 Annual Statistical Report
In the Southern District of Indiana, a low- income residential rental property
owner was sued by the United States to enforce the Residential Lead- Based Paint Hazzard
Reduction Act and the Toxic Substances Control Act. As part of the settlement, the
property owner was required to abate all lead- based paint from the properties.
In the Eastern District of Pennsylvania, Advanced PCS, a wholly owned
subsidiary of Caremark Rx, Inc., agreed to pay $ 137.5 million to the United States Office
of Personnel Management, Medicare + Choice, and the Indian Health Service. The
payment was made to settle allegations that the company solicited and received kickbacks
from pharmaceutical manufacturers and paid kickbacks to potential customers to induce
them to contract with Advanced PCS.
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 13,789 bankruptcy cases, in which the
United States was: the plaintiff in 814 adversary proceedings or separate litigation within a bankruptcy
case; the defendant in 1,301 adversary proceedings; and a creditor or party- in- interest in 11,674 cases
which are classified under “ other designations.” Cases opened under “ other designations” are in response
to the filing of a bankruptcy petition by a debtor against whom the United States has a claim, usually
referred to a United States Attorney's office by another government agency. Bankruptcy cases filed in
United States Bankruptcy Courts for Fiscal Year 2006 totaled 1,112,542, during the 12- month period
ending September 30, 2006.
An example of a case successfully handled by a United States Attorney during Fiscal Year 2006
follows:
In the Middle District of Alabama, a Chapter 11 debtor in bankruptcy filed a
repayment plan with the United States Bankruptcy Court describing how it would meet its
creditors’ claims, one of which was to the Internal Revenue Service ( IRS). On July 17,
2006, the Bankruptcy Court entered an Order Confirming Plan of Reorganization which
required the debtor to begin payments to the IRS on certain tax liabilities. The proof of
claim that had been filed by the IRS was for $ 142,209, of which $ 120,344 was secured and
$ 21,865 was priority withholding taxes. After the filing, the post- petition arrearage was
$ 34,861. The debtor made adequate protection payments of approximately $ 1,994 monthly
from November 2005, until the plan was confirmed on July 2006. On November 13, 2006,
however, IRS records showed that the debtor had not begun to make payments in
accordance with the terms of the Plan. The debtor filed for final decree and the
government filed a motion to dismiss on several grounds: ( 1) unreasonable delay that is
prejudicial to creditors; ( 2) the debtor’s inability to effectuate substantial consummation
United States Attorneys 47
of a confirmed plan; and ( 3) material default by the debtor with respect to a confirmed plan.
Although it is unusual for a confirmed Chapter 11 case to be dismissed for failure to start
making tax payments provided for in the plan, the court granted the government’s motion
and dismissed the case on November 30. Dismissal of a case in bankruptcy means that the
debtor will no longer have the protection of the Bankruptcy Court.
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 2006, the United States Attorneys’ offices received
50,853 defensive civil matters from federal agencies. These defensive civil referrals represented 63
percent of all civil matters received during the year. Commercial Litigation, Social Security, Prisoner
Litigation, Immigration, and Torts accounted for 89 percent of all defensive civil matters received during
the year, with the biggest increase seen in Immigration, up from 7 percent of the total civil case load in
Fiscal Year 2005 to 8 percent in Fiscal Year 2006. See Table 5.
The United States Attorneys represented the government in 49,701 defensive civil cases that were
filed in court during Fiscal Year 2006, an 8 percent decrease when compared to the prior year. Defensive
civil cases represented 70 percent of all civil cases during the year. During the same period of time, the
offices terminated 46,631 defensive civil cases, a decrease of 13 percent when compared to the prior year.
Judgments were issued in 24,328 of these cases, with a total of 17,407, or 72 percent, of these judgments
in favor of the United States. An additional 6,385, or 14 percent, of cases filed against the United States
were dismissed. The number of cases dismissed decreased by 18 percent when compared with the prior
year. As of the end of Fiscal Year 2006, a total of 82,961 defensive civil cases were pending, representing
virtually no change 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 2006, the United States Attorneys responded to
18,342 defensive commercial litigation cases, which represented 37 percent of all defensive civil cases.
The second largest category was Social Security, with 13,078 cases responded to, which represented 26
percent of all defensive civil cases.
Unlike affirmative civil litigation where the United States initiates legal action, the successes of
defensive litigation are difficult to quantify. In some cases, liability issues must be resolved and the
United States Attorney’s office represents the interests of the United States in the resolution of those
issues. In other cases, the United States may have apparent liability to a plaintiff and the United States
Attorney’s role is to confirm liability and then negotiate or litigate a reasonable damages award. Often,
48 2006 Annual Statistical Report
a plaintiff may sue the United States seeking to enforce a regulation or law, or restrain the United States
from enforcing a regulation or law. In these cases, the United States Attorney’s office represents not only
the fiscal interests of the government, but also the government’s intangible interest in the implementation
of lawful policies and practices.
Examples of defensive civil cases successfully handled by the United States Attorneys during
Fiscal Year 2006 include the following:
In the District of Columbia, the United States Attorney’s office successfully
defended the United States Marshals Service and the United States Secret Service in a case
which involved the security arrangements and the locations at which demonstrators could
position themselves for the Red Mass. The Red Mass, an annual ceremony that marks the
start of each new judicial year, draws many prominent figures to attend, including the last
2 Presidents of the United States, Supreme Court Justices, judges from various state and
federal courts, elected officials, foreign dignitaries, and prominent clergy. The United
States Marshals Service is tasked with the primary responsibility of providing security at
the Red Mass unless the President attends. In this instance, security measures are dictated
by the United States Secret Service. In lieu of the potential security threats that may arise
by having such an event, demonstrators had their activities limited to certain “ controlled
access areas” around the Cathedral where the Red Mass takes place. Plaintiffs alleged that
the restrictions imposed by the Marshals Service at the 2003 and 2004 Masses, and by the
Marshals Service and Secret Service at the 2005 Mass, were a violation of their rights
under the First and Fifth Amendments and under the Religious Freedom Restoration Act.
The Court granted the United States' motion for summary judgment as to all of the
plaintiffs' causes of action, entered judgment in favor of the United States, and dismissed
the case with prejudice. This case was an important chapter in the government’s continued
post- September 11th struggle to take appropriate security measures in the nation’s capital
and elsewhere, while balancing the public’s legitimate First Amendment rights to
demonstrate and convey their message to government officials.
In the District of New Jersey, the United States Attorney’s office successfully
defended the United States Army Corps of Engineers in a case involving a teenage
passenger who was seriously injured in a single vehicle accident which occurred inside a
restricted, posted Army Corps of Engineers dredge disposal facility adjacent to the
Delaware River. The vehicle rolled over as the driver was attempting to leave the facility
after a midnight, alcohol- fueled riverbank bonfire party that was unauthorized. The
plaintiff alleged that the Army Corps of Engineers had failed to make the dirt compactions
that serve as impromptu roads inside the facility, and particularly those along and on the
facility's dikes and berms, safe for vehicular travel by improving them with guardrails,
signs, lights, etc. The United States prevailed by successfully raising the discretionary
function exception, 28 U. S. C. 2680( a), establishing that the statutory purpose of the facility
is to serve exclusively as a contained disposal site, not a recreational “ bar area” along an
unimproved stretch of river. No mandatory statute, regulation, or policy directed that the
Army Corps of Engineers make the kinds of roadway improvements the plaintiff claimed
United States Attorneys 49
should have been made, which would only serve to threaten the structural integrity of the
facility's dikes and berms by increasing unauthorized traffic over them. This decision is
being relied upon in a subsequent pending case also involving discretionary policy choices
of the Army Corps of Engineers.
50 2006 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 2006, the United States Attorneys handled a total of 10,786 criminal
appeals filed by or against the United States, representing a 2 percent decrease when compared to
Fiscal Year 2005. See Appeals Chart 1 below.
United States Attorneys 51
A total of 11,573 appeals were terminated during Fiscal Year 2006, representing an increase
of 33 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 9,387, or 81 percent, of the appeals
terminated during the year. See Table 7.
The largest category of criminal appeals filed during Fiscal Year 2006 was narcotics, which
accounted for 3,740, or 35 percent, of all criminal appeals filed during the year. See Appeals Chart
2 above. Other large categories of criminal appeals included violent crime, with 2,505 appeals filed
in Fiscal Year 2006, and immigration, with 2,228 appeals filed during the fiscal year, a 4 percent
decrease over the number of immigration appeals in Fiscal Year 2005.
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
52 2006 Annual Statistical Report
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 additional post- sentencing motions. This decision led many inmates who had received enhanced
penalties to file for sentence reductions. Additionally, because the newly enacted Prison Litigation
Reform Act included a one- year statute of limitations, many incarcerated defendants and defense
lawyers quickly filed hundreds of motions.
The reduction in the volume of prisoner litigation that was expected after the Prison
Litigation Reform Act was enacted, appears to have occurred during Fiscal Year 1998 and again
in Fiscal Year 1999. During Fiscal Year 1998, 7,592 post- sentencing motions were filed, a
decrease of 3,382, or 31 percent, when compared to the prior year. In Fiscal Year 1999, the
decrease continued with 6,652 motions filed, showing a further decline of 12 percent when
compared to the prior year. See Appeals Chart 3 above. Although there was an increase in filings
in Fiscal Years 2001 and 2005, 8,311 filings and 8,254 filings, respectively, the overall decline
continues. Fiscal Year 2006 saw the filing of 5,948 motions, representing a 28 percent decrease
when compared with the prior year and a 22 percent decrease when compared with Fiscal Year
1998, the first year of the noted decline. Although a decline has been seen in recent years, the
5,948 motions filed in Fiscal Year 2006 still represents an increase of 297 percent over the 1,500
motions filed in Fiscal Year 1988 when the Sentencing Guidelines went into effect.
United States Attorneys 53
Civil Appeals
During Fiscal Year 2006, the United States Attorneys’ offices also handled a total of 4,489
civil appeals filed by or against the United States. This represents a decrease of 16 percent in the
number of appeals handled when compared to the prior year. See Appeals Chart 4 below. The
United States Attorneys terminated 5,507 civil appeals during the year, an increase of 17 percent
when compared to the prior year. Of the appeals terminated during the year, 4,337, or 79 percent,
were decided in favor of the United States. See Table 7.
54 2006 Annual Statistical Report
VI. CONCLUSION
The United States Attorneys’ Annual Statistical Report is intended to provide a narrative and
statistical summary of the work of the United States Attorneys’ offices during Fiscal Year 2006. The
report serves to illustrate the many prosecution and litigation accomplishments of the men and women who
work in the offices. The report also addresses the significant, and critically important, liaison work that
is performed by the United States Attorneys and their staffs with federal, state, and local law enforcement
officials, the victims of crime, local communities, schools, and other organizations.
In Fiscal Year 2001, our nation witnessed the brutal terrorist attacks of September 11th. During
Fiscal Year 2006, the United States Attorneys’ anti- terrorism efforts included the investigation and
prosecution of terrorism and anti- terrorism cases, and coordination among law enforcement officials at
federal, state, and local levels, in an effort to prevent future terrorist attacks. The United States Attorneys
also addressed the continuing, illegal use of firearms by those who perpetrate crimes and accompanying
acts of violence in our communities. Project Safe Neighborhoods has been implemented in all 94 districts
to invigorate the enforcement of gun laws. Drug prosecutions continued to be a priority of the United
States Attorneys during Fiscal Year 2006, with emphasis on large drug organizations. The United States
Attorneys continued, as well, to prosecute white collar crime, with particular emphasis on corporate fraud,
and to prosecute civil rights violations.
In the judicial asset forfeiture area, the United States Attorneys used both the criminal and civil
asset forfeiture laws to strip away, by court procedures containing due process protection, criminally used
and criminally acquired property from drug dealers, money launderers, racketeers, and other criminals.
In addition, the United States Attorneys asserted and defended the interests of the United States
through their work in the civil arena. During the year, Assistant United States Attorneys continued their
work in Affirmative Civil Enforcement ( ACE). ACE is important as a powerful legal tool to help ensure
that federal funds are recovered, that federal laws are obeyed, and that violators provide compensation to
the government for losses and damages they cause as a result of fraud, waste, and abuse of government
funds and resources.
As this Annual Statistical Report illustrates, the work of the United States Attorneys and their staffs
encompasses a wide range of activities from prosecuting the most violent criminals to protecting the
federal fisc, and from coordinating federal, state, and local law enforcement in priority areas to assisting
the victims of crime. The statistics provided here, the accompanying narrative, and the case summaries
represent the outstanding work that has been performed by the United States Attorneys and their staffs
throughout the country.
United States Attorneys 55
VII. DETAILED STATISTICAL TABLES
Index
Table Page
Number Number
1 Criminal Cases Handled by United States Attorneys 56
2 Disposition of Criminal Cases and Defendants in U. S. District Court 59
2A Disposition of Criminal Cases and Defendants in U. S. Magistrate Court 62
3 Criminal Cases and Defendants in U. S. District Court 65
3A Criminal Cases in Which a Firearms Offense was Charged 67
3B Criminal Cases and Defendants in U. S. District Court by Referring Agency 68
4 Civil Cases Handled by United States Attorneys 69
5 Civil Matters and Cases by Cause of Action 72
6 Civil Matters and Cases by Referring Agency 74
7 Appeals Filed and Closed by United States Attorneys 76
8A Criminal Debts Owed the United States 79
8B Criminal Debts Owed to Third Parties 82
8C Criminal Total 85
8D Civil Total 88
8E Grand Total 91
8F Criminal Debts in Suspense 94
9 United States Attorneys’ Court- Related Work Hours 97
10 Criminal Matters Pending Aged by Date Received 100
11 Criminal Cases Pending Aged by Date Received 103
12 Civil Matters Pending Aged by Date Received 106
13 Civil Cases Pending Aged by Date Received 109
14 Criminal Matters Declined - Immediate an