National Internal Security/Terrorism Prosecutions for March 2008
Number Latest Month 40 Percent Change from previous month 25.0 Percent Change from 1 year ago -32.1 Percent Change from 5 years ago (Including Magistrate Court) -64.8 Percent Change from 5 years ago (Excluding Magistrate Court) -69.9
Table 1: Criminal National Internal Security/Terrorism Prosecutions
The latest available data from the Justice Department show that during March 2008 the government reported 40 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 25% 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 2008 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-32.1 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 64.8 percent from levels reported in 2003.
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. 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 March 2008 was for "Other-Not Specified", accounting for 40 percent of prosecutions. Prosecutions were also filed for "Terrorism -Domestic" (25%), "Internal Security Offenses" ( 22.5%), "Terrorism -Related Hoaxes" (7.5%), "Terrorism -Related Financing" (5%). See Figure 2.
The lead investigative agency for national internal security/terrorism prosecutions in March 2008 was FBI accounting for 53 percent of prosecutions referred. Other agencies with substantial numbers of national internal security/terrorism referrals were: DHS (20% ), Postal (10%), State Dep (10%), Commerce (5%). See Figure 3.
National Internal Security/Terrorism Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In March 2008, 40 percent of national internal security/terrorism cases for these matters took place in U.S. Magistrate Courts which handle less serious misdemeanor cases, including what are called "petty offenses." In the magistrate courts in March the most frequently cited lead charge was Title 18 U.S.C Section 371 involving the "Conspiracy to commit offense or to defraud US". This was the lead charge for 56.3 percent of all magistrate filings in March.
National Internal Security/Terrorism Prosecutions in U.S. District Courts
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 March 2008.
Lead Charge Count Rank 8 USC 1325 - Entry of alien at improper time or place; etc. 3 1 More 18 USC 1038 - False Information and Hoaxes 3 1 More 50 USC 2410 - War and National Defense Export Regulation - Violations 3 1 More 18 USC 1001 - Fraud/false statements or entries generally 2 4 More 18 USC 1959 - Violent crimes in aid of racketeering activity 2 4 More 18 USC 793 - Gathering/transmitting/losing defense information 1 6 More 18 USC 844 - Explosives - Importation and storage of explosives 1 6 More 18 USC 1029 - Fraud and related activity - access devices 1 6 More 18 USC 1030 - Fraud and related activity - computers 1 6 More 18 USC 1542 - False statement in application and use of passport 1 6 More 22 USC 2778 - Control of arms exports and imports 1 6 More 26 USC 5861 - Tax on Making Firearms - Prohibited acts 1 6 More 49 USC 46505 - Carrying a Weapon or Explosive on an Aircraft 1 6 More 49 USC 46507 - Airlines - False Information and Threats 1 6 More 50 USC 1705 - International Emergency Economic Powers 1 6 More 50 USC 2410 - Export Regulation; Violations 1 6 More
Table 2: Top charges filed
"Entry of alien at improper time or place; etc." (Title 8 U.S.C Section 1325), "False Information and Hoaxes" (Title 18 U.S.C Section 1038) and "War and National Defense Export Regulation - Violations" (Title 50 U.S.C Section 2410) were the most frequent recorded lead charges.
Top Ranked Judicial Districts
In March 2008 the Justice Department said the government brought 9.6 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 Mo, E 4 1 More Virg, E 4 1 More Fla, S 2 3 More N Mexico 2 3 More Ala, M 1 5 More Cal, C 1 5 More Cal, E 1 5 More Colorado 1 5 More Conn 1 5 More D. C. 1 5 More Fla, M 1 5 More Hawaii 1 5 More Ill, N 1 5 More Mass 1 5 More Minnesota 1 5 More N. Y., N 1 5 More
Table 3: Top 10 districts
The Eastern District of Missouri (St. Louis) and Eastern District of Virginia (Alexandria)—with 4 prosecutions—were the most active during March 2008.
Southern District of Florida (Miami) and District of New Mexico 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 March 2008 are shown in Table 4.
Judge Count Rank Lee, Gerald Bruce Virg, E 3 1 More Seitz, Patricia A. Fla, S 2 2 More Autrey, Henry Edward Mo, E 2 2 More Johnson, William Paul N Mexico 2 2 More Albritton, William Harold III Ala, M 1 5 More Karlton, Lawrence K. Cal, E 1 5 More Krieger, Marcia S. Colorado 1 5 More Arterton, Janet Bond Conn 1 5 More Kollar-Kotelly, Colleen D. C. 1 5 More Merryday, Steven Douglas Fla, M 1 5 More Castillo, Ruben Ill, N 1 5 More Young, William G. Mass 1 5 More Hamilton, Jean C. Mo, E 1 5 More Limbaugh, Stephen Nathaniel Mo, E 1 5 More Brinkema, Leonie M. Virg, E 1 5 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 filings . (Because of ties, there were a total of 15 judges in the "top ten" rankings.)
Judge Gerald Bruce Lee in the Eastern District of Virginia (Alexandria) ranked 1st with 3 defendants in national internal security/terrorism cases.
Judges Patricia A. Seitz in the Southern District of Florida (Miami), Henry Edward Autrey in the Eastern District of Missouri (St. Louis) and William Paul Johnson in the District of New Mexico ranked 2nd with 2 defendants in national internal security/terrorism cases.
