Prosecutions for October 2012
Referring Agency: Alcohol, Tobacco, Firearms and Explosives
Table 1: Criminal Prosecutions
The latest available data from the Justice Department show that during October 2012 the government reported 912 new prosecutions for these matters. Those cases were referred by the Alcohol, Tobacco, Firearms and Explosives.
According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 47.3% over the previous month.
The comparisons of the number of defendants charged 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 prosecutions of this type are compared with those of the same period in
the previous year, the number of filings was only slightly up (0.3 percent).
Prosecutions over the past year are still much lower than they were five years ago.
Overall, the data show that prosecutions of this type are down 9.7 percent from levels reported in 2007.
Figure 1: Monthly trends in prosecutions
The decrease from the levels five years ago in prosecutions for these matters is shown more clearly in Figure 1.
The vertical bars in Figure 1
represent the number of prosecutions 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.
Cases were classified by prosecutors into more specific types.
The largest number of prosecutions of these matters in October 2012 was for "Weapons-Operation Triggerlock Major", accounting for 50.2 percent of prosecutions. Prosecutions were also filed for "Withheld by Govt from TRAC (FOIA challen
" (18.3%), "Drugs-Drug Trafficking" (14.9%), "Drugs-Organized Crime Task Force" (9.9%), "Violence-Other" (3.9%).
See Figure 2.
Figure 2: Specific types of prosecutions
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In October 2012, 110 defendants
in 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 October the most frequently cited lead charge was
Title 18 U.S.C Section 922 involving the "Firearms; Unlawful acts". This was the lead charge
for 58.2 percent of all magistrate filings in October.
Other frequently prosecuted lead charges include: "21 USC 846 - Attempt and conspiracy" (19.1%), "21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A" (13.6%).
Prosecutions in U.S. District Courts
In October 2012, 802 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during October there
were an additional 60 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 October.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters
filed in U.S. District Court during October 2012referred by the Alcohol, Tobacco, Firearms and Explosives.
Table 2: Top charges filed
"Firearms; Unlawful acts" (Title 18 U.S.C Section 922) was the most frequent recorded lead charge.
"Firearms; Unlawful acts" (Title 18 U.S.C Section 922) was ranked 1 a year ago, while it was ranked 1 five years ago.
Ranked 2nd in frequency was the lead charge "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841.
"Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841 was ranked 2 a year ago, while it was ranked 2 five years ago.
Ranked 3rd was "Attempt and conspiracy" under Title 21 U.S.C Section 846.
"Attempt and conspiracy" under Title 21 U.S.C Section 846 was ranked 3 a year ago, while it was ranked 3 five years ago.
Among these top ten lead charges, the one showing the greatest
increase in prosecutions—up 150 percent—compared to one year ago was Title 18 U.S.C Section 4
that involves " Misprision of Felony
Compared to five years ago, the largest increase—266.7 percent—was registered for
prosecutions under " Smuggling goods from the United States
" (Title 18 U.S.C Section 554 ).
Again among the top ten lead charges, the one showing the sharpest
decline in prosecutions compared to one year ago—down 34.3 percent—was
Explosives - Importation and storage of explosives
(Title 18 U.S.C Section 844 ).
Compared to five years ago, the most significant decline in prosecutions— 54.5 percent—was
for filings where the lead charge was " Fraud/false statements or entries generally
" (Title 18 U.S.C Section 1001
Top Ranked Judicial Districts
In October 2012 the Justice Department said the government brought 336.9 prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the
largest number of prosecutions per capita for these matters last month are shown in Table 3.
Districts must have at least 5 prosecutions to receive a ranking.
Table 3: Top 10 districts (per ten million people)
The Middle District of Louisiana (Baton Rouge)—with 1830 prosecutions as compared with 336.9 prosecutions per ten million population in the United States—was the most active during October 2012.
The Western District of Missouri (Kansas City) ranked 2nd.
The Western District of Missouri (Kansas City) was ranked 7 a year ago, while it was ranked 4 for most frequent use five years ago.
Eastern District of Louisiana (New Orleans) is now ranking 3rd.
Recent entrants to the top 10 list were
Western District of Tennessee (Memphis), now ranked
, and Eastern District of Kentucky (Lexington)
In the same order, these districts ranked 26th and 44th one year ago and 16th and 28th five years ago.
The federal judicial district which showed the greatest growth
in the rate of prosecutions compared to one year ago— 66.7 percent—was
Eastern District of Kentucky (Lexington).
Compared to five years ago, the district with the largest growth— 59.2 percent—was
Eastern District of North Carolina (Raleigh).
In the last year, the judicial District Court recording the
largest drop in the rate of prosecutions— 16 percent—was
Middle District of Alabama (Montgomery).
This was the same district that had the largest increase— 56.3 percent—when compared with five years ago.
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 crime cases of this type during October 2012 are shown in Table 4.
A total of 5 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capita, while the remaining 6 judges were from other districts.
(Because of ties, there were a total of 11 judges in the "top ten" rankings.)
Judge Daniel R. Dominguez in the District of Puerto Rico ranked 1st with 75 defendants in cases.
Judge Reed Charles O'Connor in the Northern District of Texas (Fort Worth) ranked 2nd with 28 defendants in cases.
Judge David G. Campbell in the District of Arizona ranked 3rd with 17 defendants in cases.
Report Generated: February 6, 2013