Prosecutions for April 2013

Referring Agency: Internal Revenue Service

Number Latest Month 199
Percent Change from previous month 24.4
Percent Change from 1 year ago 31.5
Percent Change from 5 years ago (Including Magistrate Court) 50.1
Percent Change from 5 years ago (Excluding Magistrate Court) 43.5
Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during April 2013 the government reported 199 new prosecutions for these matters. Those cases were referred by the Internal Revenue Service. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 24.4% 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 2013 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (31.5 percent). Prosecutions over the past year are still much higher than they were five years ago. Overall, the data show that prosecutions of this type are up 50.1 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in prosecutions

The increase 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 April 2013 was for "Fraud-Tax", accounting for 36.7 percent of prosecutions. Prosecutions were also filed for "Withheld by Govt from TRAC (FOIA challen" (27.6%), " Fraud-Identity Theft-Aggravated" (7%), "Money Laundering-Other" (6%), "Drugs-Organized Crime Task Force" (5.5%), "Fraud-Other" (5%), "Theft-Government Property" (2%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions

Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In April 2013, 16 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 April the most frequently cited lead charge was Title 18 U.S.C Section 1341 involving the "Mail Fraud - Frauds and swindles". This was the lead charge for 18.8 percent of all magistrate filings in April.

Prosecutions in U.S. District Courts

In April 2013, 183 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during April there were an additional 6 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 April.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during April 2013referred by the Internal Revenue Service.

Lead Charge Count Rank 1yr ago 5yrs ago  
26 USC 7206 - Fraud and False statements 29 1 2 1 More
26 USC 7201 - Attempt to evade or defeat tax 19 2 1 2 More
18 USC 1028 - Fraud and related activity - id documents 14 3 21 16 More
18 USC 286 - Conspiracy to defraud the Government claims 13 4 4 7 More
21 USC 846 - Attempt and conspiracy 11 5 11 13 More
31 USC 5324 - Structuring transactions to evade reporting requir 9 6 7 6 More
18 USC 641 - Public money, property or records 7 7 14 - More
18 USC 287 - False, fictitious or fraudulent claims 6 8 3 5 More
18 USC 371 - Conspiracy to commit offense or to defraud US 6 8 5 3 More
18 USC 1341 - Mail Fraud - Frauds and swindles 5 10 13 10 More
Table 2: Top charges filed

  • "Fraud and False statements" (Title 26 U.S.C Section 7206) was the most frequent recorded lead charge. "Fraud and False statements" (Title 26 U.S.C Section 7206) was ranked 2 a year ago, while it was ranked 1 five years ago.

  • Ranked 2nd in frequency was the lead charge "Attempt to evade or defeat tax" under Title 26 U.S.C Section 7201. "Attempt to evade or defeat tax" under Title 26 U.S.C Section 7201 was ranked 1 a year ago, while it was ranked 2 five years ago.

  • Ranked 3rd was "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028.

Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 925 percent—compared to one year ago was Title 18 U.S.C Section 1028 that involves " Fraud and related activity - id documents ". This was the same statute that had the largest increase—1266.7 %—when compared with five years ago.

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 26.3 percent—was Attempt and conspiracy (Title 21 U.S.C Section 846 ). Compared to five years ago, the most significant decline in prosecutions— 28.3 percent—was for filings where the lead charge was " Attempt to evade or defeat tax " (Title 26 U.S.C Section 7201 ).

Top Ranked Judicial Districts

In April 2013 the Justice Department said the government brought 73.9 prosecutions for every ten million people in the United States.

Understandably, there is great variation in the 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 of this type last month are shown in Table 3.

Judicial District Count Rank  
Fla, M 17 1 More
Alaska 15 2 More
Ala, M 9 3 More
Cal, C 9 3 More
Ohio, N 8 5 More
Ohio, S 8 5 More
Ga, M 6 7 More
Minnesota 6 7 More
N. Y., E 6 7 More
Tenn, M 6 7 More
Table 3: Top 10 districts

  • The Middle District of Florida (Tampa)—with 17 prosecutions—was the most active during April 2013.

  • The District of Alaska ranked 2nd.

  • Middle District of Alabama (Montgomery) and Central District of California (Los Angeles) 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 crime cases of this type during April 2013 are shown in Table 4.

Judge Count Rank  
Burgess, Timothy Mark Alaska 15 1 More
Watkins, William Keith Ala, M 7 2 More
Helmick, Jeffrey James Ohio, N 6 3 More
Haynes, William Joseph, Jr. Tenn, M 6 3 More
Sharp, George Kendall Fla, M 4 5 More
Schwab, Arthur J. Penn, W 4 5 More
Davis, Mark Steven Virg, E 4 5 More
Black, Timothy Seymour Ohio, S 3 8 More
Conner, Christopher C. Penn, M 3 8 More
Rosenthal, Lee Hyman Texas, S 3 8 More
Biery, Samuel Frederick, Jr. Texas, W 3 8 More
Table 4: Top 10 judges

A total of 6 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings , while the remaining 5 judges were from other districts. (Because of ties, there were a total of 11 judges in the "top ten" rankings.)

  • Judge Timothy Mark Burgess in the District of Alaska ranked 1st with 15 defendants in cases.

  • Judge William Keith Watkins in the Middle District of Alabama (Montgomery) ranked 2nd with 7 defendants in cases.

  • Judges Jeffrey James Helmick in the Northern District of Ohio (Cleveland) and William Joseph Haynes, Jr. in the Middle District of Tennessee (Nashville) ranked 3rd with 6 defendants in cases.

Report Generated: June 10, 2013
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