National Internal Security/Terrorism Convictions for August 2012
Table 1: Criminal National Internal Security/Terrorism Convictions
Number Latest Month 22 Percent Change from previous month 37.5 Percent Change from 1 year ago -11.5 Percent Change from 5 years ago (Including Magistrate Court) -55.7 Percent Change from 5 years ago (Excluding Magistrate Court) -53.1
The latest available data from the Justice Department show that during August 2012 the government reported 22 new national internal security/terrorism convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 37.5% over the previous month.
The comparisons of the number of defendants convicted for 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 convictions of this type are compared with those of the same period in the previous year, the number of convictions was down (-11.5 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 55.7 percent from levels reported in 2007.
The decrease from the levels five years ago in national internal security/terrorism convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of national internal security/terrorism 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 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 convictions of these matters in August 2012 was for "Terrorism-International", accounting for 40.9 percent of convictions. Convictions were also filed for "Terrorism-Related Export Enforcement" (18.2%), " Internal Security Offenses" (13.6%), "Terrorism-Critical Infrastructure Protec" (13.6%), "Terrorism-Domestic" (9.1%), "Terrorism-Related Hoaxes" (4.5%). See Figure 2.
The lead investigative agency for national internal security/terrorism convictions in August 2012 was FBI accounting for 45 percent of convictions. Other agencies with substantial numbers of national internal security/terrorism convictions were: DHS (27% ), State Dep (9%), Local (5%). See Figure 3.
National Internal Security/Terrorism Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2012, 1 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 1542 involving the "False statement in application and use of passport". This was the lead charge for 100 percent of all magistrate convictions in August.
National Internal Security/Terrorism Convictions in U.S. District Courts
In August 2012, 21 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 national internal security/terrorism matters filed in U.S. District Court during August 2012.
Lead Charge Count Rank 18 USC 793 - Gathering/transmitting/losing defense information 2 1 More 18 USC 1542 - False statement in application and use of passport 2 1 More 18 USC 2339B - Provide material support to foreign terrorist orgs 2 1 More 50 USC 1702 - War and National Defense - Presidential Authorities 2 1 More 08 USC 1326 - Reentry of deported alien 1 5 More 18 USC 32 - Destruction of aircraft or aircraft facilities 1 5 More 18 USC 35 - Imparting or conveying false information 1 5 More 18 USC 371 - Conspiracy to commit offense or to defraud US 1 5 More 18 USC 844 - Explosives - Importation and storage of explosives 1 5 More 18 USC 871 - Threats against President and successors 1 5 More 18 USC 1001 - Fraud/false statements or entries generally 1 5 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 1 5 More 18 USC 2332 - Terrorism - Criminal penalties 1 5 More 18 USC 2339 - Harboring or Concealing Terrorists 1 5 More 21 USC 846 - Attempt and conspiracy 1 5 More 22 USC 2778 - Control of arms exports and imports 1 5 More 50 USC 1701 - War and National Defense - Unusual and extraordinary threat 1 5 More Table 2: Top charges for convictions
"Gathering/transmitting/losing defense information" (Title 18 U.S.C Section 793), "False statement in application and use of passport" (Title 18 U.S.C Section 1542), "Provide material support to foreign terrorist orgs" (Title 18 U.S.C Section 2339) and "Wa r and National Defense - Presidential Authorities" (Title 50 U.S.C Section 1702) were the most frequent recorded lead charges.
Top Ranked Judicial Districts
In August 2012 the Justice Department said the government obtained 8.2 national internal security/terrorism convictions for every ten million people in the United States.
Understandably, there is great variation in the number of national internal security/terrorism 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 New York (Brooklyn)—with 5 convictions—was the most active during August 2012.
The Southern District of California (San Diego) ranked 2nd.
Central District of California (Los Angeles) 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 resulting in convictions of this type during August 2012 are shown in Table 4.
Judge Count Rank Burns, Larry Alan Cal, S 2 1 More Korman, Edward Robert N. Y., E 2 1 More Orenstein, James N. Y., E 2 1 More Bowdre, Karon O. Ala, N 1 4 More Martone, Frederick J. Arizona 1 4 More Walter, John F. Cal, C 1 4 More Wilner, Michael R. Cal, C 1 4 More Miller, Jeffrey T. Cal, S 1 4 More Sharp, George Kendall Fla, M 1 4 More Barker, Sarah Evans Ind, S 1 4 More Casper, Denise Jefferson Mass 1 4 More Sippel, Rodney W. Mo, E 1 4 More Townes, Sandra L. N. Y., E 1 4 More Alvarez, Micaela Texas, S 1 4 More Benson, Dee Vance Utah 1 4 More Lee, Gerald Bruce Virg, E 1 4 More O'Grady, Liam Virg, E 1 4 More Turk, James Clinton Virg, W 1 4 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 convictions . (Because of ties, there were a total of 18 judges in the "top ten" rankings.)
Judges Larry Alan Burns in the Southern District of California (San Diego), Edward Robert Korman in the Eastern District of New York (Brooklyn) and James Orenstein in the Eastern District of New York (Brooklyn) ranked 1st with 2 convicted in national internal security/terrorism convictions.
Report Generated: November 19, 2012
