National Internal Security/Terrorism Prosecutions for August 2012
The latest available data from the Justice Department show that during August 2012 the government reported 26 new national internal security/terrorism prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 18.2% over the previous month.
The comparisons of the number of defendants charged with national internal security/terrorism-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 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was the same. 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 41.8 percent from levels reported in 2007.
The decrease from the levels five years ago in national internal security/terrorism prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of national internal security/terrorism 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.
Within the broad category of national internal security/terrorism, cases were classified by prosecutors into more specific types.
Case types within national internal security/terrorism are
Matters Relating to National Internal Security
International Terrorism Incidents Which Impact on U.S.
Domestic Terrorism
Terrorism Related Hoaxes
Terrorist Financing
Export Enforcement Terrorism Related
Anti-Terrorism/Environmental
Anti-Terrorism/Identity Theft
Anti-Terrorism/Immigration
Anti-Terrorism/OCDETF Drugs
Anti-Terrorism/Non-OCDETF Drugs
Anti-Terrorism/Violent Crime
Anti-Terrorism/All Others
National Security/Critical Infrastructure Protection
The largest number of prosecutions of these matters in August 2012 was for "Terrorism-Domestic", accounting for 34.6 percent of prosecutions. Prosecutions were also filed for "Terrorism-Related Financing" (23.1%), " Terrorism-Critical Infrastructure Protec" (15.4%), "Terrorism-Related Hoaxes" (15.4%), "Terrorism-International" (11.5%). See Figure 2.
The lead investigative agency for national internal security/terrorism prosecutions in August 2012 was FBI accounting for 62 percent of prosecutions referred. Other agencies with substantial numbers of national internal security/terrorism referrals were: Energy (12% ), DEA (4%), IRS (4%), Interior (4%). See Figure 3.
National Internal Security/Terrorism Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2012, 2 defendants in national internal security/terrorism 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 18 U.S.C Section 115 involving the "Influencing, impeding, or retaliating against a Federal official". This was the lead charge for 50 percent of all magistrate filings in August.
National Internal Security/Terrorism Prosecutions in U.S. District Courts
In August 2012, 24 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during August there were an additional 7 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 prosecutions of national internal security/terrorism matters filed in U.S. District Court during August 2012.
Lead Charge Count Rank 18 USC 1956 - Laundering of monetary instruments 6 1 More 18 USC 876 - Mailing threatening communications 4 2 More 18 USC 844 - Explosives - Importation and storage of explosives 3 3 More 18 USC 1363 - Buildings or property within special maritime/territorial jurisdiction 3 3 More 42 USC 2278 - Atomic Energy - Statute of limitations 3 3 More 18 USC 32 - Destruction of aircraft or aircraft facilities 2 6 More 18 USC 111 - Assaulting, resisting, impeding certain officers 1 7 More 18 USC 371 - Conspiracy to commit offense or to defraud US 1 7 More 18 USC 875 - Interstate Communications 1 7 More 18 USC 1038 - False Information and Hoaxes 1 7 More 18 USC 1343 - Fraud by wire, radio, or television 1 7 More 18 USC 2261A - Stalking 1 7 More 18 USC 2331 - Terrorism Violation 1 7 More 18 USC 2332 - Terrorism - Criminal penalties 1 7 More 21 USC 960 - Prohibited acts A 1 7 More 31 USC 5324 - Structuring transactions to evade reporting requir 1 7 More Table 2: Top charges filed
"Laundering of monetary instruments" (Title 18 U.S.C Section 1956) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Mailing threatening communications" under Title 18 U.S.C Section 876.
Ranked 3rd were "Explosives - Importation and storage of explosives" under Title 18 U.S.C Section 844, "Buildings or property within special maritime/territorial jurisdiction" under Title 18 U.S.C Section 1363 and "Atomic Energy - Statute of limitations" under Title 42 U. S.C Section 2278.
Top Ranked Judicial Districts
In August 2012 the Justice Department said the government brought 12.1 national internal security/terrorism prosecutions for every ten million people in the United States.
Understandably, there is great variation in the number of national internal security/terrorism prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of prosecutions of this type last month are shown in Table 3.
Judicial District Count Rank Cal, C 6 1 More Tenn, E 6 1 More Penn, W 2 3 More Texas, N 2 3 More Virg, E 2 3 More Ala, N 1 6 More Ark, E 1 6 More Ark, W 1 6 More Cal, S 1 6 More Conn 1 6 More Fla, M 1 6 More Ind, S 1 6 More N Car, M 1 6 More N. Y., E 1 6 More N. Y., S 1 6 More Nevada 1 6 More Penn, E 1 6 More Wisc, W 1 6 More Table 3: Top 10 districts
The Central District of California (Los Angeles) and Eastern District of Tennessee (Knoxville)—with 6 prosecutions—were the most active during August 2012.
Western District of Pennsylvania (Pittsburgh), Northern District of Texas (Fort Worth) and Eastern District of Virginia (Alexandria) 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 national internal security/terrorism crime cases of this type during August 2012 are shown in Table 4.
Judge Count Rank Collins, Audrey B. Cal, C 6 1 More Phillips, Thomas W. Tenn, E 3 2 More Shirley, C. Clifford Tenn, E 3 2 More Ambrose, Donetta W. Penn, W 2 4 More Hopkins, Virginia Emerson Ala, N 1 5 More Baker, Kristine Gerhard Ark, E 1 5 More Holmes, J[ames] Leon Ark, W 1 5 More Chatigny, Robert N. Conn 1 5 More Corrigan, Timothy J. Fla, M 1 5 More Lawrence, William T. Ind, S 1 5 More Mauskopf, Roslynn Renee N. Y., E 1 5 More Du, Miranda Mai Nevada 1 5 More Joyner, J. Curtis Penn, E 1 5 More Robinson, Mary Lou Texas, N 1 5 More Kinkeade, James E. Texas, N 1 5 More Lee, Gerald Bruce Virg, E 1 5 More O'Grady, Liam Virg, E 1 5 More Conley, William Martin Wisc, W 1 5 More Table 4: Top 10 judges
All 18 of the "top ten" judges were in districts which were in the top ten with the largest number of national internal security/terrorism filings . (Because of ties, there were a total of 18 judges in the "top ten" rankings.)
Judge Audrey B. Collins in the Central District of California (Los Angeles) ranked 1st with 6 defendants in national internal security/terrorism cases.
Judges Thomas W. Phillips in the Eastern District of Tennessee (Knoxville) and C. Clifford Shirley in the Eastern District of Tennessee (Knoxville) ranked 2nd with 3 defendants in national internal security/terrorism cases.
Report Generated: November 19, 2012
