Official Corruption Convictions for September 2012
The latest available data from the Justice Department show that during September 2012 the government reported 57 new official corruption convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 18.8% over the previous month.
The comparisons of the number of defendants convicted for official corruption-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys. (See Table 1)
When monthly 2012 convictions of this type are compared with those of the same period in the previous year, the number of convictions was up (4.4 percent). Convictions over the past year are still much lower than they were five years ago. Overall, the data show that convictions of this type are down 15.6 percent from levels reported in 2007.
The decrease from the levels five years ago in official corruption convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of official corruption convictions of this type recorded on a month-to-month basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court, the magistrate filing date was used since this provides an earlier indicator of actual trends. The superimposed line on the bars plots the six-month moving average so that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.
Within the broad category of official corruption, cases were classified by prosecutors into more specific types.
Case types within official corruption are
Federal Corruption - Procurement
Federal Corruption - Program
Federal Corruption - Law Enforcement
Federal Corruption - Other
State Corruption
Local Corruption
Other Public Corruption
The largest number of convictions of these matters in September 2012 was for "Corruption(Govt Off)-Local", accounting for 21.1 percent of convictions. Convictions were also filed for "Corruption(Govt Off)-Fed Other" (19.3%), " Corruption(Govt Off)-State" (17.5%), "Corruption(Govt Off)-Fed Program" (15.8%), "Corruption(Govt Off)-Other" (12.3%), "Corruption(Govt Off)-Fed Law Enforcement" (8.8%), "Corruption(Govt Off)-Fed Procurement" (5.3%). See Figure 2.
The lead investigative agency for official corruption convictions in September 2012 was FBI accounting for 40 percent of convictions. Other agencies with substantial numbers of official corruption convictions were: Postal (26% ), Agri (7%), DHS (7%). See Figure 3.
Official Corruption Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2012, 2 defendants in official corruption cases for these matters were filed in U.S. Magistrate Courts. These courts handle less serious misdemeanor cases, including what are called "petty offenses." In addition, complaints are sometimes filed in the magistrate courts before an indictment or information is entered. In these cases, the matter starts in the magistrate courts and later moves to the district court where subsequent proceedings take place.
In the magistrate courts in September the most frequently cited lead charge was Title 8 U.S.C Section 1326 involving the "Reentry of deported alien". This was the lead charge for 50 percent of all magistrate convictions in September.
Official Corruption Convictions in U.S. District Courts
In September 2012, 55 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September there were an additional 0 defendants whose cases moved from the magistrate courts to the U.S. district courts after an indictment or information was filed. The sections which follow cover both sets of cases and therefore cover all matters filed in district court during September.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the convictions of official corruption matters filed in U.S. District Court during September 2012.
Lead Charge Count Rank 18 USC 201 - Bribery of public officials and witnesses 11 1 More 18 USC 666 - Theft or bribery in programs receiving Fed funds 9 2 More 18 USC 1711 - Misappropriation of postal funds 5 3 More 18 USC 286 - Conspiracy to defraud the Government claims 4 4 More 18 USC 371 - Conspiracy to commit offense or to defraud US 4 4 More 18 USC 241 - Conspiracy against rights 2 6 More 18 USC 1343 - Fraud by wire, radio, or television 2 6 More 18 USC 1346 - Scheme or artifice to defraud 2 6 More 18 USC 1951 - Hobbs Act 2 6 More 08 USC 1325 - Entry of alien at improper time or place; etc. 1 10 More 18 USC 207 - Restrictions on former officers, employees, etc 1 10 More 18 USC 287 - False, fictitious or fraudulent claims 1 10 More 18 USC 641 - Public money, property or records 1 10 More 18 USC 654 - Officer or employee of US converting property 1 10 More 18 USC 1001 - Fraud/false statements or entries generally 1 10 More 18 USC 1341 - Mail Fraud - Frauds and swindles 1 10 More 18 USC 1542 - False statement in application and use of passport 1 10 More 18 USC 1708 - Theft or receipt of stolen mail matter generally 1 10 More 18 USC 1709 - Theft of mail matter by officer or employee 1 10 More 18 USC 1920 - False statement - Fed employee's compensation 1 10 More 18 USC 2232 - Destruction/removal of property to prevent seizure 1 10 More 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 1 10 More 42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 1 10 More Table 2: Top charges for convictions
"Bribery of public officials and witnesses" (Title 18 U.S.C Section 201) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Theft or bribery in programs receiving Fed funds" under Title 18 U.S.C Section 666.
Ranked 3rd was "Misappropriation of postal funds" under Title 18 U.S.C Section 1711.
Top Ranked Judicial Districts
In September 2012 the Justice Department said the government obtained 21.5 official corruption convictions for every ten million people in the United States.
Understandably, there is great variation in the number of official corruption convictions in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of convictions of this type last month are shown in Table 3.
The Eastern District of California (Sacramento)—with 6 convictions—was the most active during September 2012.
The Eastern District of Michigan (Detroit) ranked 2nd.
Southern District of California (San Diego) is now ranking 3rd.
Top Ranked District Judges
At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new official corruption crime cases resulting in convictions of this type during September 2012 are shown in Table 4.
Judge Count Rank Bencivengo, Cathy Ann Cal, S 4 1 More Howard, Marcia Morales Fla, M 2 2 More Cohn, Avern Levin Mich, E 2 2 More Hood, Denise Page Mich, E 2 2 More Flanagan, Louise W. N Car, E 2 2 More Crotty, Paul Austin N. Y., S 2 2 More Skretny, William M. N. Y., W 2 2 More Fuste, Jose Antonio Puer Rico 2 2 More Ishii, Anthony W. Cal, E 1 9 More Mueller, Kimberly Jo Cal, E 1 9 More Blackburn, Robert E. Colorado 1 9 More Boasberg, James Emanuel D. C. 1 9 More Hinkle, Robert Lewis Fla, N 1 9 More Scola, Robert Nichols, Jr. Fla, S 1 9 More Story, Richard W. Ga, N 1 9 More Lindberg, George Wakem Ill, N 1 9 More Herndon, David R. Ill, S 1 9 More Van Tatenhove, Gregory Frederick Ken, E 1 9 More Blake, Catherine C. Maryland 1 9 More Stearns, Richard Gaylore Mass 1 9 More Young, William G. Mass 1 9 More Rosen, Gerald Ellis Mich, E 1 9 More Bell, Robert Holmes Mich, W 1 9 More Edgar, Robert Allan Mich, W 1 9 More Maloney, Paul Lewis Mich, W 1 9 More Browning, James O. N Mexico 1 9 More Kugler, Robert B. N. J. 1 9 More Wexler, Leonard D. N. Y., E 1 9 More Pauley, William H., III N. Y., S 1 9 More Bataillon, Joseph F. Nebraska 1 9 More Jones, Robert Clive Nevada 1 9 More Gaughan, Patricia Anne Ohio, N 1 9 More Davis, Legrome D. Penn, E 1 9 More Garcia-Gregory, Jay A. Puer Rico 1 9 More Lisi, Mary M. R. I. 1 9 More Campbell, Todd J. Tenn, M 1 9 More Stewart, Brian Theadore Utah 1 9 More Trenga, Anthony John Virg, E 1 9 More Johnston, Thomas E. W Virg, S 1 9 More Conley, William Martin Wisc, W 1 9 More Table 4: Top 10 judges
A total of 19 out of the "top ten" judges were in districts which were in the top ten with the largest number of official corruption convictions , while the remaining 21 judges were from other districts. (Because of ties, there were a total of 40 judges in the "top ten" rankings.)
Judge Cathy Ann Bencivengo in the Southern District of California (San Diego) ranked 1st with 4 convicted in official corruption convictions.
Judges Marcia Morales Howard in the Middle District of Florida (Tampa), Avern Levin Cohn in the Eastern District of Michigan (Detroit), Denise Page Hood in the Eastern District of Michigan (Detroit), Louise W. Flanagan in the Eastern District of North Carolina (R aleigh), Paul Austin Crotty in the Southern District of New York (Manhattan), William M. Skretny in the Western District of New York (Buffalo) and Jose Antonio Fuste in the District of Puerto Rico ranked 2nd with 2 convicted in official corruption convictions.
Report Generated: December 11, 2012
