Environment Convictions for August 2012
The latest available data from the Justice Department show that during August 2012 the government reported 57 new environment convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 21.3% over the previous month.
The comparisons of the number of defendants convicted for environment-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 (6.4 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 13.2 percent from levels reported in 2007.
The decrease from the levels five years ago in environment convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of environment 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 environment, cases were classified by prosecutors into more specific types.
Case types within environment are
Illegal Discharge of Toxic, Hazardous or Carcinogenic Waste
Wildlife Protection
Marine Resources
Environmental Crime
The largest number of convictions of these matters in August 2012 was for "Environ-Wildlife Protection", accounting for 57.9 percent of convictions. Convictions were also filed for "Environ-Environmental Crimes" (33.3%), " Environ-Marine Resources" (8.8%). See Figure 2.
The lead investigative agency for environment convictions in August 2012 was Interior accounting for 67 percent of convictions. Other agencies with substantial numbers of environment convictions were: EPA (18% ), Commerce (7%), Defense (7%), DHS (2%). See Figure 3.
Environment Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2012, 19 defendants in environment 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 August the most frequently cited lead charge was Title 16 U.S.C Section 3372 involving the "Illegally Taken Fish & Wildlife - prohibited acts". This was the lead charge for 36.8 percent of all magistrate convictions in August.
Other frequently prosecuted lead charges include: "18 USC 19 - Petty Offense Defined" (26.3%).
Environment Convictions in U.S. District Courts
In August 2012, 38 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during August 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 August.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the convictions of environment matters filed in U.S. District Court during August 2012.
Lead Charge Count Rank 16 USC 703 - Taking, killing, or possessing migratory birds 8 1 More 16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 8 1 More 07 USC 7712 - Regulation of movement plant/plant product/biological control organism 4 3 More 07 USC 136 - Environmental Pesticide Control - definitions 2 4 More 16 USC 1538 - Endangered Species - Prohibitive acts 2 4 More 16 USC 3373 - Illegally Taken Fish & Wildlife - penalties, sanct 2 4 More 18 USC 545 - Smuggling goods into the United States 2 4 More 33 USC 1319 - Water Pollution - Enforcement 2 4 More 42 USC 7412 - Nat'l emission standards hazardous air pollutants 2 4 More 16 USC 668 - Bald and golden eagles 1 10 More 18 USC 554 - Smuggling goods from the United States 1 10 More 18 USC 1001 - Fraud/false statements or entries generally 1 10 More 33 USC 1311 - Effluent limitations - Water Pollution 1 10 More 42 USC 7413 - Air Pollution Prevention and Control - Fed strd 1 10 More 46 USC 2302 - Operation of Vessels; Penalties for negligent op 1 10 More Table 2: Top charges for convictions
"Taking, killing, or possessing migratory birds" (Title 16 U.S.C Section 703) and "Illegally Taken Fish & Wildlife - prohibited acts" (Title 16 U.S.C Section 3372) were the most frequent recorded lead charges.
Ranked 3rd was "Regulation of movement plant/plant product/biological control organism" under Title 7 U.S.C Section 7712.
Top Ranked Judicial Districts
In August 2012 the Justice Department said the government obtained 14.9 environment convictions for every ten million people in the United States.
Understandably, there is great variation in the number of environment 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.
Judicial District Count Rank Fla, S 7 1 More Miss, S 7 1 More Ohio, S 5 3 More Alaska 2 4 More Mich, E 2 4 More Penn, E 2 4 More Fla, M 1 7 More Ga, S 1 7 More Ill, C 1 7 More Kansas 1 7 More Ken, E 1 7 More La, E 1 7 More Maryland 1 7 More N Car, E 1 7 More N. Y., E 1 7 More N. Y., S 1 7 More Okla, N 1 7 More S Dakota 1 7 More Wisc, W 1 7 More Table 3: Top 10 districts
The Southern District of Florida (Miami) and Southern District of Mississippi (Jackson)—with 7 convictions—were the most active during August 2012.
Southern District of Ohio (Cincinnati) 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 environment crime cases resulting in convictions of this type during August 2012 are shown in Table 4.
Judge Count Rank Reeves, Carlton Wayne Miss, S 6 1 More Cohn, James I. Fla, S 4 2 More Barrett, Michael Ryan Ohio, S 4 2 More Roberts, John D. Alaska 2 4 More King, James Lawrence Fla, S 2 4 More Murphy, Stephen Joseph, III Mich, E 2 4 More Smith, Thomas B. Fla, M 1 7 More Altonaga, Cecilia M. Fla, S 1 7 More Barfield, W. Leon Ga, S 1 7 More McCuskey, Michael Patrick Ill, C 1 7 More Humphreys, Karen M. Kansas 1 7 More Bunning, David L. Ken, E 1 7 More Duval, Stanwood R., Jr. La, E 1 7 More Gauvey, Susan K. Maryland 1 7 More Anderson, Linda R. Miss, S 1 7 More Flanagan, Louise W. N Car, E 1 7 More Weinstein, Jack Bertrand N. Y., E 1 7 More Peck, Andrew J. N. Y., S 1 7 More Smith, George Curtis Ohio, S 1 7 More Frizzell, Gregory Kent Okla, N 1 7 More Kelly, Robert F. Penn, E 1 7 More Rufe, Cynthia M. Penn, E 1 7 More Moreno, Mark A. S Dakota 1 7 More Crocker, Stephen L. Wisc, W 1 7 More Table 4: Top 10 judges
All 24 of the "top ten" judges were in districts which were in the top ten with the largest number of environment convictions . (Because of ties, there were a total of 24 judges in the "top ten" rankings.)
Judge Carlton Wayne Reeves in the Southern District of Mississippi (Jackson) ranked 1st with 6 convicted in environment convictions.
Judges James I. Cohn in the Southern District of Florida (Miami) and Michael Ryan Barrett in the Southern District of Ohio (Cincinnati) ranked 2nd with 4 convicted in environment convictions.
Report Generated: November 19, 2012
