Environment Convictions for February 2012
The latest available data from the Justice Department show that during February 2012 the government reported 35 new environment convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 64.6% 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 (14.2 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 0.7 percent from levels reported in 2007.
The leveling out 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 February 2012 was for "Environ-Environmental Crimes", accounting for 62.9 percent of convictions. Convictions were also filed for "Environ-Wildlife Protection" (34.3%), " Environ-Marine Resources" (2.9%). See Figure 2.
The lead investigative agency for environment convictions in February 2012 was EPA accounting for 51 percent of convictions. Other agencies with substantial numbers of environment convictions were: Interior (37% ), DHS (6%), Commerce (3%), IRS (3%). See Figure 3.
Environment Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In February 2012, 4 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 February the most frequently cited lead charge was Title 16 U.S.C Section 703 involving the "Taking, killing, or possessing migratory birds". This was the lead charge for 75 percent of all magistrate convictions in February.
Environment Convictions in U.S. District Courts
In February 2012, 31 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during February 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 February.
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 February 2012.
Lead Charge Count Rank 33 USC 1319 - Water Pollution - Enforcement 5 1 More 16 USC 3372 - Illegally Taken Fish & Wildlife - prohibited acts 4 2 More 18 USC 1343 - Fraud by wire, radio, or television 4 2 More 18 USC 1001 - Fraud/false statements or entries generally 3 4 More 07 USC 1361 - Publication & review of quotas 2 5 More 16 USC 703 - Taking, killing, or possessing migratory birds 2 5 More 16 USC 704 - When/how migratory birds may be taken, killed,poss 2 5 More 16 USC 1538 - Endangered Species - Prohibitive acts 2 5 More 16 USC 668 - Bald and golden eagles 1 9 More 18 USC 286 - Conspiracy to defraud the Government claims 1 9 More 18 USC 545 - Smuggling goods into the United States 1 9 More 18 USC 1505 - Obstruction of proceedings before departments, etc 1 9 More 33 USC 1311 - Effluent limitations - Water Pollution 1 9 More 33 USC 1908 - Prevention of Pollution from Ships - Penalties 1 9 More 42 USC 7413 - Air Pollution Prevention and Control - Fed strd 1 9 More Table 2: Top charges for convictions
"Water Pollution - Enforcement" (Title 33 U.S.C Section 1319) was the most frequent recorded lead charge.
Ranked 2nd in frequency were the lead charges "Illegally Taken Fish & Wildlife - prohibited acts" under Title 16 U.S.C Section 3372 and "Fraud by wire, radio, or television" under Title 18 U.S.C Section 1343.
Top Ranked Judicial Districts
In February 2012 the Justice Department said the government obtained 12.1 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 La, E 5 1 More Fla, S 4 2 More Montana 3 3 More Puer Rico 3 3 More Alaska 2 5 More Cal, C 2 5 More Miss, S 2 5 More Utah 2 5 More Ga, N 1 9 More Idaho 1 9 More Kansas 1 9 More Ken, E 1 9 More La, W 1 9 More N. Y., W 1 9 More Penn, E 1 9 More S Dakota 1 9 More Table 3: Top 10 districts
The Eastern District of Louisiana (New Orleans)—with 5 convictions—was the most active during February 2012.
The Southern District of Florida (Miami) ranked 2nd.
District of Montana and District of Puerto Rico are 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 February 2012 are shown in Table 4.
Judge Count Rank Ryskamp, Kenneth L. Fla, S 4 1 More Haddon, Sam E. Montana 3 2 More Gex, Walter J., III Miss, S 2 3 More Garcia-Gregory, Jay A. Puer Rico 2 3 More Benson, Dee Vance Utah 2 3 More Longenbaugh, Leslie C. Alaska 1 6 More Smith, Deborah M. Alaska 1 6 More Vineyard, Russell G. Ga, N 1 6 More Dale, Candy W. Idaho 1 6 More Brown, Wesley Ernest Kansas 1 6 More Hood, Joseph Martin Ken, E 1 6 More Berrigan, Helen Ginger La, E 1 6 More Fallon, Eldon E. La, E 1 6 More Feldman, Martin Leach-Cross La, E 1 6 More Lemelle, Ivan L. R. La, E 1 6 More Africk, Lance M. La, E 1 6 More Doherty, Rebecca F. La, W 1 6 More Larimer, David G. N. Y., W 1 6 More Goldberg, Mitchell S. Penn, E 1 6 More Dominguez, Daniel R. Puer Rico 1 6 More Viken, Jeffrey Lynn S Dakota 1 6 More Table 4: Top 10 judges
All 21 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 21 judges in the "top ten" rankings.)
Judge Kenneth L. Ryskamp in the Southern District of Florida (Miami) ranked 1st with 4 convicted in environment convictions.
Judge Sam E. Haddon in the District of Montana ranked 2nd with 3 convicted in environment convictions.
Judges Walter J. Gex, III in the Southern District of Mississippi (Jackson), Jay A. Garcia-Gregory in the District of Puerto Rico and Dee Vance Benson in the District of Utah ranked 3rd with 2 convicted in environment convictions.
Report Generated: May 8, 2012
