Prosecutions for April 2013

Referring Agency: Social Security Administration

Number Latest Month 63
Percent Change from previous month 21.2
Percent Change from 1 year ago 18.6
Percent Change from 5 years ago (Including Magistrate Court) 15.2
Percent Change from 5 years ago (Excluding Magistrate Court) 14.7
Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during April 2013 the government reported 63 new prosecutions for these matters. Those cases were referred by the Social Security Administration. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 21.2% 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 (18.6 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 15.2 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-Federal Program", accounting for 49.2 percent of prosecutions. Prosecutions were also filed for "Theft-Government Property" (25.4%), " Withheld by Govt from TRAC (FOIA challen" (12.7%), "Fraud-Other" (4.8%), "Fraud-Identity Theft-Other" (3.2%), "Violence-Other" (3.2%). 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, 5 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 641 involving the "Public money, property or records". This was the lead charge for 60 percent of all magistrate filings in April.

Prosecutions in U.S. District Courts

In April 2013, 58 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during April there were an additional 1 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 Social Security Administration.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 641 - Public money, property or records 36 1 1 1 More
42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 7 2 2 2 More
18 USC 1001 - Fraud/false statements or entries generally 2 3 3 6 More
18 USC 1028 - Fraud and related activity - id documents 2 3 4 3 More
18 USC 1343 - Fraud by wire, radio, or television 2 3 7 - More
18 USC 2252A - Activity relating material constituting/containing chil 1 6 - - More
Table 2: Top charges filed

  • "Public money, property or records" (Title 18 U.S.C Section 641) was the most frequent recorded lead charge. "Public money, property or records" (Title 18 U.S.C Section 641) was ranked 1 a year ago, while it was ranked 1 five years ago.

  • Ranked 2nd in frequency was the lead charge "Fed Old Age, Survivors & Disab Insur -Penalties" under Title 42 U.S.C Section 408. "Fed Old Age, Survivors & Disab Insur -Penalties" under Title 42 U.S.C Section 408 was ranked 2 a year ago, while it was ranked 2 five years ago.

  • Ranked 3rd were "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001, "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 and "Fraud by wire, radio, or television" under Title 18 U.S.C Section 1343. "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001 was ranked 3 a year ago, while it was ranked 6 five years ago."Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 was ranked 4 a year ago, while it wa s ranked 3 five years ago."Fraud by wire, radio, or television" under Title 18 U.S.C Section 1343 was ranked 7 a year ago.

Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 50 percent—compared to one year ago was Title 18 U.S.C Section 1343 that involves " Fraud by wire, radio, or television ". Compared to five years ago, the largest increase—76.9 percent—was registered for prosecutions under " Public money, property or records " (Title 18 U.S.C Section 641 ).

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 49.1 percent—was Fed Old Age, Survivors & Disab Insur -Penalties (Title 42 U.S.C Section 408 ). Compared to five years ago, the most significant decline in prosecutions— 58.8 percent—was for filings where the lead charge was " Fraud and related activity - id documents " (Title 18 U.S.C Section 1028 ).

Top Ranked Judicial Districts

In April 2013 the Justice Department said the government brought 23.1 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  
Oregon 9 1 More
Ohio, N 6 2 More
Ark, W 3 3 More
Texas, N 3 3 More
Colorado 2 5 More
Fla, N 2 5 More
Kansas 2 5 More
La, E 2 5 More
Miss, N 2 5 More
Mo, E 2 5 More
Penn, W 2 5 More
Wash, W 2 5 More
Table 3: Top 10 districts

  • The District of Oregon—with 9 prosecutions—was the most active during April 2013.

  • The Northern District of Ohio (Cleveland) ranked 2nd.

  • Western District of Arkansas (Fort Smith) and Northern District of Texas (Fort Worth) 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  
Simon, Michael Howard Oregon 4 1 More
Hickey, Susan Owens Ark, W 3 2 More
Oliver, Solomon, Jr. Ohio, N 3 2 More
Mosman, Michael W. Oregon 2 4 More
Johnson, Inge Prytz Ala, N 1 5 More
Silver, Roslyn O. Arizona 1 5 More
Newman, Kendall J. Cal, E 1 5 More
Breyer, Charles R. Cal, N 1 5 More
Babcock, Lewis Thornton Colorado 1 5 More
Jackson, Richard Brooke Colorado 1 5 More
Adams, Henry Lee, Jr. Fla, M 1 5 More
Collier, Lacey A. Fla, N 1 5 More
Rodgers, Margaret Catharine Fla, N 1 5 More
Altonaga, Cecilia M. Fla, S 1 5 More
Winmill, B. Lynn Idaho 1 5 More
Chang, Edmond E-Min Ill, N 1 5 More
Murguia, Carlos Kansas 1 5 More
Vratil, Kathryn Hoefer Kansas 1 5 More
Van Tatenhove, Gregory Frederick Ken, E 1 5 More
Lemmon, Mary Ann Vial La, E 1 5 More
Africk, Lance M. La, E 1 5 More
Hollander, Ellen Lipton Maryland 1 5 More
Saylor, F. Dennis, IV Mass 1 5 More
Rosen, Gerald Ellis Mich, E 1 5 More
Sippel, Rodney W. Mo, E 1 5 More
Buckles, Frederick R. Mo, E 1 5 More
Dorr, Richard Everett Mo, W 1 5 More
Cogburn, Max Oliver, Jr. N Car, W 1 5 More
Simandle, Jerome B. N. J. 1 5 More
Gwin, James S. Ohio, N 1 5 More
Polster, Dan A. Ohio, N 1 5 More
Zouhary, Jack Ohio, N 1 5 More
Aiken, Ann L. Oregon 1 5 More
Brown, Anna J. Oregon 1 5 More
Hernandez, Marco Antonio Oregon 1 5 More
Ambrose, Donetta W. Penn, W 1 5 More
Cohill, Maurice Blanchard, Jr. Penn, W 1 5 More
Lange, Roberto Antonio S Dakota 1 5 More
Guthrie, Judith K. Texas, E 1 5 More
Lindsay, Sam A. Texas, N 1 5 More
Solis, Jorge Antonio Texas, N 1 5 More
Kinkeade, James E. Texas, N 1 5 More
Sessions, William K., III Vermont 1 5 More
Brinkema, Leonie M. Virg, E 1 5 More
Keeley, Irene Patricia Murphy W Virg, N 1 5 More
Coughenour, John C. Wash, W 1 5 More
Settle, Benjamin Hale Wash, W 1 5 More
Griesbach, William C. Wisc, E 1 5 More
Table 4: Top 10 judges

A total of 27 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings , while the remaining 21 judges were from other districts. (Because of ties, there were a total of 48 judges in the "top ten" rankings.)

  • Judge Michael Howard Simon in the District of Oregon ranked 1st with 4 defendants in cases.

  • Judges Susan Owens Hickey in the Western District of Arkansas (Fort Smith) and Solomon Oliver, Jr. in the Northern District of Ohio (Cleveland) ranked 2nd with 3 defendants in cases.

Report Generated: June 10, 2013
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