Prosecutions for October 2013
Referring Agency: Internal Revenue Service
Table 1: Criminal Prosecutions
The latest available data from the Justice Department show that during October 2013 the government reported 148 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 down 35.4% 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 (17.9 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 49.5 percent from levels reported in 2008.
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 October 2013 was for "Fraud-Tax", accounting for 47.3 percent of prosecutions. Prosecutions were also filed for "Withheld by Govt from TRAC (FOIA challen" (28.4%), "
Fraud-Identity Theft-Aggravated" (5.4%), "Fraud-Other" (2.7%), "Fraud-Identity Theft-Other" (2%), "Other Criminal Prosecutions" (2%), "Weapons-Operation Triggerlock Major" (2%).
See Figure 2.
Figure 2: Specific types of prosecutions
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In October 2013, 17 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 October the most frequently cited lead charge was
Title 18 U.S.C Section 641 involving the "Public money, property or records". This was the lead charge
for 23.5 percent of all magistrate filings in October.
Prosecutions in U.S. District Courts
In October 2013, 131 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during October there
were an additional 4 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 October.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters
filed in U.S. District Court during October 2013referred by the Internal Revenue Service.
Table 2: Top charges filed
"Fraud and False statements" (Title 26 U.S.C Section 7206) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Attempt to evade or defeat tax" under Title 26 U.S.C Section 7201.
Ranked 3rd was "Willful failure to collect or pay over tax" under Title 26 U.S.C Section 7202.
Top Ranked Judicial Districts
In October 2013 the Justice Department said the government brought 51.6 prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita 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 per capita for these matters last month are shown in Table 3.
Districts must have at least 5 prosecutions to receive a ranking.
Table 3: Top 10 districts (per ten million people)
The Southern District of Florida (Miami)—with 381 prosecutions as compared with 51.6 prosecutions per ten million population in the United States—was the most active during October 2013.
The Southern District of Florida (Miami) was ranked 1 a year ago, while it was ranked 1 for most frequent use five years ago.
The Eastern District of Pennsylvania (Philadelphia) ranked 2nd.
The Eastern District of Pennsylvania (Philadelphia) was ranked 3 a year ago.
Northern District of Georgia (Atlanta) is now ranking 3rd.
Recent entrants to the top 10 list were
Northern District of Illinois (Chicago), now ranked
, and Northern District of Georgia (Atlanta)
In the same order, these districts ranked 22nd and 27th one year ago and 15th and 38th five years ago.
The federal judicial district which showed the greatest growth
in the rate of prosecutions compared to one year ago— 126.3 percent—was
Middle District of Florida (Tampa).
Compared to five years ago, the district with the largest growth— 350 percent—was
Northern District of Georgia (Atlanta).
In the last year, the judicial District Court recording the
largest drop in the rate of prosecutions— 32.3 percent—was
Eastern District of Pennsylvania (Philadelphia).
But over the past five years,
Eastern District of California (Sacramento)
showed the largest drop— 17.2 percent.
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 October 2013 are shown in Table 4.
A total of 12 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capita, while the remaining 7 judges were from other districts.
(Because of ties, there were a total of 19 judges in the "top ten" rankings.)
Judge Robert Nichols Scola, Jr. in the Southern District of Florida (Miami) ranked 1st with 6 defendants in cases.
Judge Berle M. Schiller in the Eastern District of Pennsylvania (Philadelphia) ranked 2nd with 5 defendants in cases.
Judges Kimberly Jo Mueller in the Eastern District of California (Sacramento) and James I. Cohn in the Southern District of Florida (Miami) ranked 3rd with 4 defendants in cases.
Report Generated: January 13, 2014