Convictions for February 2013

Referring Agency: Social Security Administration

Number Latest Month 46
Percent Change from previous month 9.5
Percent Change from 1 year ago -7.9
Percent Change from 5 years ago (Including Magistrate Court) 6.0
Percent Change from 5 years ago (Excluding Magistrate Court) 5.8
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during February 2013 the government reported 46 new convictions 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 9.5% 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 (-7.9 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 6 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in convictions

The leveling out 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-Federal Program", accounting for 39.1 percent of convictions. Convictions were also filed for "Theft-Government Property" (28.3%), " Fraud-Identity Theft-Aggravated" (6.5%), "Fraud-Identity Theft-Other" (6.5%), "Fraud-Other" (6.5%), "Fraud-Securities" (6.5%), "Corruption(Govt Off)-Fed Program" (2.2%), "Fraud-Federal Procurement" (2.2%), "Other Criminal Prosecutions" (2.2%). 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, 2 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 February 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 100 percent of all magistrate convictions in February.

Convictions in U.S. District Courts

In February 2013, 44 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 Social Security Administration.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 641 - Public money, property or records 22 1 1 1 More
42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 14 2 2 2 More
42 USC 1383a - Fraudulent acts; penalties; restitution 3 3 4 8 More
42 USC 1383 - Social Security -Procedure for payment of benefits 2 4 5 5 More
18 USC 1028 - Fraud and related activity - id documents 1 5 5 3 More
18 USC 1028A - Aggravated Identity Theft 1 5 8 12 More
18 USC 1343 - Fraud by wire, radio, or television 1 5 9 12 More
Table 2: Top charges for convictions

  • "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 was "Fraudulent acts; penalties; restitution" under Title 42 U.S.C Section 1383. "Fraudulent acts; penalties; restitution" under Title 42 U.S.C Section 1383 was ranked 4 a year ago, while it was ranked 8 five years ago.

Among these top ten lead charges, the one showing the greatest increase in convictions—up 5.6 percent—compared to one year ago was Title 18 U.S.C Section 641 that involves " Public money, property or records ". This was the same statute that had the largest increase—101.5 %—when compared with five years ago.

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 50 percent—was Fraud by wire, radio, or television (Title 18 U.S.C Section 1343 ). Compared to five years ago, the most significant decline in convictions— 54.5 percent—was for convictions where the lead charge was " Social Security -Procedure for payment of benefits " (Title 42 U.S.C Section 1383 ).

Top Ranked Judicial Districts

In February 2013 the Justice Department said the government obtained 17.2 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  
Wash, W 5 1 More
Ark, E 3 2 More
Ken, E 3 2 More
Tenn, W 3 2 More
Arizona 2 5 More
Fla, M 2 5 More
Fla, S 2 5 More
Ind, N 2 5 More
Oregon 2 5 More
Penn, W 2 5 More
Texas, E 2 5 More
Virg, E 2 5 More
Table 3: Top 10 districts

  • The Western District of Washington (Seattle)—with 5 convictions—was the most active during February 2013.

  • The Eastern District of Arkansas (Little Rock), Eastern District of Kentucky (Lexington) and Western District of Tennessee (Memphis) 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  
Thapar, Amul Roger Ken, E 3 1 More
McCalla, Jon Phipps Tenn, W 3 1 More
Lasnik, Robert S. Wash, W 3 1 More
Collins, Raner Christercunean Arizona 2 4 More
Holmes, J[ames] Leon Ark, E 2 4 More
Ryskamp, Kenneth L. Fla, S 2 4 More
Miller, Brian Stacy Ark, E 1 7 More
Holmes, Paul Kinloch, III Ark, W 1 7 More
Corrigan, Timothy J. Fla, M 1 7 More
Scriven, Mary Stenson Fla, M 1 7 More
Kobayashi, Leslie Emi Hawaii 1 7 More
Mihm, Michael Martin Ill, C 1 7 More
Herndon, David R. Ill, S 1 7 More
Moody, James Tyne Ind, N 1 7 More
Springmann, Theresa Lazar Ind, N 1 7 More
Pratt, Robert W. Iowa, S 1 7 More
Woodcock, John A., Jr. Maine 1 7 More
Cebull, Richard F. Montana 1 7 More
Beaty, James A., Jr. N Car, M 1 7 More
Kahn, Lawrence E. N. Y., N 1 7 More
Lioi, Sara Elizabeth Ohio, N 1 7 More
Haggerty, Ancer Lee Oregon 1 7 More
Hernandez, Marco Antonio Oregon 1 7 More
Diamond, Gustave Penn, W 1 7 More
Lancaster, Gary L. Penn, W 1 7 More
Greer, J. Ronnie Tenn, E 1 7 More
Guthrie, Judith K. Texas, E 1 7 More
Gilstrap, James Rodney Texas, E 1 7 More
Cummings, Samuel Ray Texas, N 1 7 More
O'Grady, Liam Virg, E 1 7 More
Zilly, Thomas Samuel Wash, W 1 7 More
Martinez, Ricardo S. Wash, W 1 7 More
Stadtmueller, Joseph Peter Wisc, E 1 7 More
Table 4: Top 10 judges

A total of 20 out of the "top ten" judges were in districts which were in the top ten with the largest number of convictions , while the remaining 13 judges were from other districts. (Because of ties, there were a total of 33 judges in the "top ten" rankings.)

  • Judges Amul Roger Thapar in the Eastern District of Kentucky (Lexington), Jon Phipps McCalla in the Western District of Tennessee (Memphis) and Robert S. Lasnik in the Western District of Washington (Seattle) ranked 1st with 3 convicted in convictions.

Report Generated: April 23, 2013
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