Federal probes curtailed amid coronavirus

WASHINGTON — Federal prosecutors and agents have delayed executing some search warrants, interviewing witnesses and serving subpoenas in response to the COVID-19 pandemic and social distancing restrictions.

The result, Justice Department officials said, has been a massive drop in the number of people charged with federal crimes, like wire fraud and tax evasion. Indictments dropped about 75% last month. In March, they were down about 25%.

“We have had to be very careful about cases we are going to proceed on,” said Justin Herdman, the U.S. attorney for the Northern District of Ohio, who is part of Attorney General William Barr’s leadership team focusing on responding to the coronavirus.

Justice Department officials declined to provide the number of indictments, saying the statistics were preliminary. But based on previous years, the decrease would represent at least several thousand fewer defendants being charged with crimes, a sign the pandemic has altered the way the government performs one of its most essential functions.

A major reason for the decrease is straightforward: Grand juries, which issue indictments, have not been regularly convening in order to adhere to social distancing rules. Such restrictions have also slowed investigations because prosecutors have not been able to utilize grand jury subpoenas, a critical tool that allows the Justice Department to demand records from individuals, businesses and governments.

The drop in indictments does not mean violent and dangerous suspects are loose on the streets, officials said. The Justice Department has been relying on charging them by criminal complaint — a type of charge requiring a federal agent to provide probable cause to a judge. Herdman said the number of criminal complaints has held fairly steady during the outbreak and has not made up for the drop in indictments.

Law enforcement officials said they expect indictments to surge when life returns to something approaching normal.