Prosecutions for August 2012
Referring Agency: Social Security Administration
Table 1: Criminal Prosecutions
The latest available data from the Justice Department show that during August 2012 the government reported 31 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 down 20.5% 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 2012 prosecutions of this type are compared with those of the same period in
the previous year, the number of filings was down (-13.3 percent).
Prosecutions over the past year are still much the same than they were five years ago.
Overall, the data show that prosecutions of this type are at the same level as in 2007.
Figure 1: Monthly trends in prosecutions
The 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 August 2012 was for "Fraud-Federal Program", accounting for 61.3 percent of prosecutions. Prosecutions were also filed for "Fraud-Identity Theft-Aggravated" (9.7%), "
Assimilated Crimes" (6.5%), "Theft-Government Property" (6.5%), "Corruption(Govt Off)-Fed Program" (3.2%), "Fraud-Bankruptcy" (3.2%), "Fraud-Federal Procurement" (3.2%), "Violence-Other" (3.2%), "Withheld by Govt from TRAC (FOIA challen" (3.2%).
See Figure 2.
Figure 2: Specific types of prosecutions
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In August 2012, 4 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 August the most frequently cited lead charge was
Title 18 U.S.C Section 7 involving the "Special Maritime/Territorial Jurisdiction of US". This was the lead charge
for 25 percent of all magistrate filings in August.
Prosecutions in U.S. District Courts
In August 2012, 27 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during August 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 August.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters
filed in U.S. District Court during August 2012referred by the Social Security Administration.
Table 2: Top charges filed
"Public money, property or records" (Title 18 U.S.C Section 641) was the most frequent recorded lead charge.
Ranked 2nd in frequency was the lead charge "Fed Old Age, Survivors & Disab Insur -Penalties" under Title 42 U.S.C Section 408.
Ranked 3rd was "Fraudulent acts; penalties; restitution" under Title 42 U.S.C Section 1383.
Top Ranked Judicial Districts
In August 2012 the Justice Department said the government brought 10.6 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.
Table 3: Top 10 districts
The Eastern District of Missouri (St. Louis) and District of Montana—with 3 prosecutions—were the most active during August 2012.
Southern District of Alabama (Mobile), Middle District of Florida (Tampa), Southern District of Florida (Miami) and District of Kansas 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 August 2012 are shown in Table 4.
All 23 of the "top ten" judges were in districts which were in the top ten with the largest number of filings . (Because of ties, there were a total of 23 judges in the "top ten" rankings.)
Judges Kenneth L. Ryskamp in the Southern District of Florida (Miami) and Dana Lewis Christensen in the District of Montana ranked 1st with 2 defendants in cases.
Charles Randolph Butler, Jr. in the Southern District of Alabama (Mobile), Kristi K. DuBose in the Southern District of Alabama (Mobile), Paul Kinloch Holmes, III in the Western District of Arkansas (Fort Smith), Anne C. Conway in the Middle District of Fl
orida (Tampa), Charlene Vanessa Edwards Honeywell in the Middle District of Florida (Tampa), John Richard Smoak, Jr. in the Northern District of Florida (Pensacola), Roger B. Cosbey in the Northern District of Indiana (South Bend), Monti L. Bel
ranked 3rd with 1 defendants in cases.
Report Generated: November 19, 2012