Convictions for February 2013

Referring Agency: Internal Revenue Service

Number Latest Month 109
Percent Change from previous month -0.9
Percent Change from 1 year ago -10.0
Percent Change from 5 years ago (Including Magistrate Court) 11.3
Percent Change from 5 years ago (Excluding Magistrate Court) 12.6
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during February 2013 the government reported 109 new convictions 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 down 0.9% over the previous month.

The comparisons of the number of defendants convicted 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 convictions of this type are compared with those of the same period in the previous year, the number of convictions was down (-10 percent). Convictions over the past year are still much higher than they were five years ago. Overall, the data show that convictions of this type are up 11.3 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in convictions

The increase from the levels five years ago in convictions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of 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.

Cases were classified by prosecutors into more specific types.

The largest number of convictions of these matters in February 2013 was for "Fraud-Tax", accounting for 58.7 percent of convictions. Convictions were also filed for "Withheld by Govt from TRAC (FOIA challen" (10.1%), " Money Laundering-Other" (6.4%), "Fraud-Mortgage" (5.5%), "Drugs-Organized Crime Task Force" (4.6%), "Fraud-Other" (3.7%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of convictions

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In February 2013, no 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.

Convictions in U.S. District Courts

In February 2013, 109 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during February 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 February.

Top Ranked Lead Charges

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

Lead Charge Count Rank 1yr ago 5yrs ago  
26 USC 7206 - Fraud and False statements 20 1 2 2 More
26 USC 7201 - Attempt to evade or defeat tax 15 2 1 1 More
18 USC 287 - False, fictitious or fraudulent claims 11 3 7 3 More
18 USC 286 - Conspiracy to defraud the Government claims 9 4 8 7 More
18 USC 1956 - Laundering of monetary instruments 7 5 3 4 More
18 USC 1343 - Fraud by wire, radio, or television 5 6 9 10 More
18 USC 371 - Conspiracy to commit offense or to defraud US 4 7 4 5 More
26 USC 7203 - Willful failure to file return, supply information 4 7 11 6 More
31 USC 5324 - Structuring transactions to evade reporting requir 4 7 10 7 More
26 USC 7212 - Attempts to interfere with admin of tax laws 3 10 14 22 More
Table 2: Top charges for convictions

  • "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 2 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 1 five years ago.

  • Ranked 3rd was "False, fictitious or fraudulent claims" under Title 18 U.S.C Section 287. "False, fictitious or fraudulent claims" under Title 18 U.S.C Section 287 was ranked 7 a year ago, while it was ranked 3 five years ago.

Among these top ten lead charges, the one showing the greatest increase in convictions—up 59.1 percent—compared to one year ago was Title 18 U.S.C Section 286 that involves " Conspiracy to defraud the Government claims ". Compared to five years ago, the largest increase—100 percent—was registered for convictions under " Attempts to interfere with admin of tax laws " (Title 26 U.S.C Section 7212 ).

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 66.7 percent—was Attempts to interfere with admin of tax laws (Title 26 U.S.C Section 7212 ). Compared to five years ago, the most significant decline in convictions— 32.5 percent—was for convictions where the lead charge was " Conspiracy to commit offense or to defraud US " (Title 18 U.S.C Section 371 ).

Top Ranked Judicial Districts

In February 2013 the Justice Department said the government obtained 42.6 convictions for every ten million people in the United States.

Understandably, there is great variation in the number of 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.


Judicial District Count Rank  
Ala, M 11 1 More
Ill, S 6 2 More
Ohio, S 6 2 More
Fla, M 5 4 More
N. Y., E 5 4 More
Ohio, N 5 4 More
Cal, E 4 7 More
Fla, S 4 7 More
N. Y., S 4 7 More
Penn, E 4 7 More
Penn, M 4 7 More
Table 3: Top 10 districts

  • The Middle District of Alabama (Montgomery)—with 11 convictions—was the most active during February 2013.

  • The Southern District of Illinois (East St. Louis) and Southern District of Ohio (Cincinnati) 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 crime cases resulting in convictions of this type during February 2013 are shown in Table 4.

Judge Count Rank  
Thompson, Myron Herbert Ala, M 11 1 More
Stiehl, William Donald Ill, S 6 2 More
Gaughan, Patricia Anne Ohio, N 4 3 More
Marshall, Denzil Price, Jr. Ark, E 2 4 More
Antoon, John, II Fla, M 2 4 More
Dimitrouleas, William P. Fla, S 2 4 More
Hurley, Denis Reagan N. Y., E 2 4 More
Mordue, Norman A. N. Y., N 2 4 More
Briccetti, Vincent Louis N. Y., S 2 4 More
Navarro, Gloria Maria Nevada 2 4 More
Economus, Peter C. Ohio, S 2 4 More
Tucker, Petrese B. Penn, E 2 4 More
Nealon, William Joseph, Jr. Penn, M 2 4 More
Conti, Joy Flowers Penn, W 2 4 More
Cain, Timothy Martin S Car 2 4 More
Table 4: Top 10 judges

A total of 10 out of the "top ten" judges were in districts which were in the top ten with the largest number of convictions , while the remaining 5 judges were from other districts. (Because of ties, there were a total of 15 judges in the "top ten" rankings.)

  • Judge Myron Herbert Thompson in the Middle District of Alabama (Montgomery) ranked 1st with 11 convicted in convictions.

  • Judge William Donald Stiehl in the Southern District of Illinois (East St. Louis) ranked 2nd with 6 convicted in convictions.

  • Judge Patricia Anne Gaughan in the Northern District of Ohio (Cleveland) ranked 3rd with 4 convicted in convictions.

Report Generated: April 23, 2013
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Copyright 2013, TRAC Reports, Inc.

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