WASHINGTON — The number of new criminal cases referred by the Federal Bureau of Investigation (FBI) to U.S. Attorney’s Offices fell significantly in May 2026, according to the latest Justice Department data analysed by the Transactional Records Access Clearinghouse (TRAC). Federal prosecutors received 1,997 new FBI criminal referrals during the month, down substantially from 2,567 referrals in March and 2,413 in April.
The May figures continue to highlight a decline in the FBI’s share of criminal referrals reaching federal prosecutors. FBI referrals accounted for approximately 16 per cent of all criminal referrals received by U.S. Attorney’s Offices during May. That compares with 18 per cent in fiscal year 2025 and 22 per cent in fiscal year 2024, indicating a continuing reduction in the FBI’s proportion of federal criminal referrals.
The data are based on case-by-case records obtained by TRAC following lengthy litigation under the Freedom of Information Act. The records provide a detailed picture of how FBI investigations move through the federal criminal justice system, from the initial referral to prosecution and ultimately conviction or closure.
Federal prosecutors acted on 1,685 FBI referrals during May. Of those cases, prosecutors charged 961 defendants in U.S. district courts, representing about 57 percent of the referrals acted upon. The remaining 724 referrals were closed without prosecution.
Convictions also declined during the month. A total of 678 defendants were convicted in May in cases previously referred by the FBI and prosecuted by federal prosecutors. That represented a notable decrease from 946 convictions in March and 868 in April. Despite the monthly decline, sentences remained substantial, with the median prison term reaching 60 months, or five years. The median sentence was 57 months during fiscal year 2025.
The range of crimes involved in FBI-led investigations reflects the bureau’s broad federal jurisdiction. Drug-related offenses accounted for the largest number of convictions during May. The second-largest category involved cases prosecuted under the Justice Department’s Project Safe Childhood initiative, which targets the sexual exploitation of children and related offenses involving minors.
These cases can take considerable time to move through the federal justice system. The data show that the average period between an FBI criminal referral and the completion of the case through sentencing or a not-guilty verdict was approximately 746 days in May 2026 — roughly two years. This long timeline illustrates why monthly referral numbers should not be viewed as directly corresponding to convictions in the same month.
The geographic distribution of FBI-led convictions also shows significant differences among federal judicial districts. When adjusted for population, several smaller and predominantly rural districts recorded conviction rates far above the national average.
Alaska ranked first in May, recording 18 FBI-led convictions and a per-capita rate of 3,045 convictions per ten million residents. That was more than 12 times the national average. Alaska has repeatedly recorded above-average FBI-led conviction rates, with five months showing particularly high per-capita figures.
Montana ranked second, with 15 FBI-led convictions and a per-capita rate of 1,583 per ten million people — more than six times the national average. Montana’s performance is particularly notable because, across fiscal year 2026 through May, it recorded the highest per-capita rate of FBI-led convictions among the nation’s federal judicial districts. Its U.S. Attorney’s Office reported 134 such convictions during that period.
Other districts appearing among the top ten in May included the District of Columbia, South Dakota, the Northern District of Mississippi, New Mexico, the Middle District of Pennsylvania, the Northern District of Alabama, the Western District of Missouri and the Southern District of New York. Their rankings demonstrate that FBI-led federal prosecutions are not concentrated exclusively in the country’s largest metropolitan areas.
The May figures nevertheless need to be interpreted carefully. A fall in referrals does not necessarily mean that FBI investigations or federal crime have declined by the same proportion. Referrals, prosecutions and convictions occur at different stages of the criminal justice process, and cases frequently remain active for months or years before reaching a final outcome.
What the figures do show is a measurable decline in the number and proportion of criminal referrals coming from the FBI to federal prosecutors. At the same time, the cases that do proceed through the system continue to result in significant prison sentences, particularly in drug-related and child-exploitation cases.
The latest data therefore provide an important snapshot of federal criminal enforcement in 2026. While May saw fewer FBI referrals, prosecutions and convictions than earlier months, the figures also underscore the lengthy and complex path from investigation to prosecution and final judgment in the federal justice system.