National Internal Security/Terrorism Convictions for July 2009
Number Latest Month 20 Percent Change from previous month -45.9 Percent Change from 1 year ago -16.3 Percent Change from 5 years ago (Including Magistrate Court) -40.1 Percent Change from 5 years ago (Excluding Magistrate Court) -44.3
Table 1: Criminal National Internal Security/Terrorism Convictions
The latest available data from the Justice Department show that during July 2009 the government reported 20 new national internal security/terrorism convictions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 45.9% 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 2009 convictions of this type are compared with those of the same period in the previous year, the number of convictions was down (-16.3 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 40.1 percent from levels reported in 2004.
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 July 2009 was for "Terrorism-Domestic", accounting for 40 percent of convictions. Convictions were also filed for "Terrorism-Critical Infrastructure Protec" (35%), " Terrorism-Related Financing" (15%), "Terrorism-International" (5%), "Terrorism-Related Hoaxes" (5%). See Figure 2.
The lead investigative agency for national internal security/terrorism convictions in July 2009 was FBI accounting for 55 percent of convictions. Other agencies with substantial numbers of national internal security/terrorism convictions were: DHS (30% ), ATF (5%), Defense (5%), State Dep (5%). See Figure 3.
National Internal Security/Terrorism Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In July 2009, n 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.
National Internal Security/Terrorism Convictions in U.S. District Courts
In July 2009, 20 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July 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 July.
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 July 2009.
Lead Charge Count Rank 8 USC 1325 - Entry of alien at improper time or place; etc. 3 1 More 18 USC 844 - Explosives - Importation and storage of explosives 2 2 More 18 USC 1001 - Fraud/false statements or entries generally 2 2 More 8 USC 1326 - Reentry of deported alien 1 4 More 18 USC 922 - Firearms; Unlawful acts 1 4 More 18 USC 1028 - Fraud and related activity - id documents 1 4 More 18 USC 1038 - False Information and Hoaxes 1 4 More 18 USC 1542 - False statement in application and use of passport 1 4 More 18 USC 1959 - Violent crimes in aid of racketeering activity 1 4 More 18 USC 2314 - Transportation of stolen goods, etc 1 4 More 18 USC 2320 - Trafficking in counterfeit goods or services 1 4 More 18 USC 2331 - Terrorism Violation 1 4 More 18 USC 2339B - Provide material support to foreign terrorist orgs 1 4 More 31 USC 5324 - Structuring transactions to evade reporting requir 1 4 More 49 USC 46314 - Entering aircraft or airport area in violation of security 1 4 More 49 USC 46505 - Carrying a Weapon or Explosive on an Aircraft 1 4 More
Table 2: Top charges for convictions
"Entry of alien at improper time or place; etc." (Title 8 U.S.C Section 1325) was the most frequent recorded lead charge.
Ranked 2nd in frequency were the lead charges "Explosives - Importation and storage of explosives" under Title 18 U.S.C Section 844 and "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001.
Top Ranked Judicial Districts
In July 2009 the Justice Department said the government obtained 8 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 Missouri (St. Louis)—with 6 convictions—was the most active during July 2009.
The District of Minnesota, Eastern District of North Carolina (Raleigh) and District of New Jersey ranked 2nd.
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 July 2009 are shown in Table 4.
Judge Count Rank Autrey, Henry Edward Mo, E 3 1 More Tunheim, John R. Minnesota 2 2 More Webber, E. Richard Mo, E 2 2 More Marra, Kenneth A. Fla, S 1 4 More Hamilton, David F. Ind, S 1 4 More Barbier, Carl J. La, E 1 4 More Tauro, Joseph Louis Mass 1 4 More Hamilton, Jean C. Mo, E 1 4 More Boyle, Terrence William N Car, E 1 4 More Dever, James C. III N Car, E 1 4 More Armijo, M. Christina N Mexico 1 4 More Greenaway, Joseph A. Jr. N. J. 1 4 More Hochberg, Faith S. N. J. 1 4 More Yeakel, Earl Leroy III Texas, W 1 4 More Cacheris, James Chris Virg, E 1 4 More
Table 4: Top 10 judges
All 15 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 15 judges in the "top ten" rankings.)
Judge Henry Edward Autrey in the Eastern District of Missouri (St. Louis) ranked 1st with 3 convicted in national internal security/terrorism convictions.
Judges John R. Tunheim in the District of Minnesota and E. Richard Webber in the Eastern District of Missouri (St. Louis) ranked 2nd with 2 convicted in national internal security/terrorism convictions.
