Prosecutions for July 2012
Referring Agency: Social Security Administration
The latest available data from the Justice Department show that during July 2012 the government reported 39 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 20.4% 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 2012 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-10.7 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 7.4 percent from levels reported in 2007.
The leveling out 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 July 2012 was for "Fraud-Federal Program", accounting for 56.4 percent of prosecutions. Prosecutions were also filed for "Theft-Government Property" (23.1%), " Counterfeiting and Forgery" (2.6%), "Fraud-Bankruptcy" (2.6%), "Fraud-Identity Theft-Aggravated" (2.6%), "Fraud-Other" (2.6%), "Other Criminal Prosecutions" (2.6%), "Violence-Other" (2.6%), "Weapons-Operation Triggerlock Major" (2.6%), " Withheld by Govt from TRAC (FOIA challen" (2.6%). See Figure 2.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In July 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 July 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 50 percent of all magistrate filings in July.
Prosecutions in U.S. District Courts
In July 2012, 35 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July 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 July.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during July 2012referred by the Social Security Administration.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 641 - Public money, property or records 20 1 1 1 More 42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 9 2 2 2 More 18 USC 1341 - Mail Fraud - Frauds and swindles 2 3 6 10 More 18 USC 152 - Concealment of assets; false oaths and claims; etc 1 4 9 - More 18 USC 513 - Securities of the States and private entities 1 4 - - More 18 USC 922 - Firearms; Unlawful acts 1 4 - - More 42 USC 1383a - Fraudulent acts; penalties; restitution 1 4 3 7 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 was "Mail Fraud - Frauds and swindles" under Title 18 U.S.C Section 1341. "Mail Fraud - Frauds and swindles" under Title 18 U.S.C Section 1341 was ranked 6 a year ago, while it was ranked 10 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 33.3 percent—compared to one year ago was Title 18 U.S.C Section 1341 that involves " Mail Fraud - Frauds and swindles ". Compared to five years ago, the largest increase—161.7 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 66.7 percent—was Concealment of assets; false oaths and claims; etc (Title 18 U.S.C Section 152 ). Compared to five years ago, the most significant decline in prosecutions— 25 percent—was for filings where the lead charge was " Fraudulent acts; penalties; restitution " (Title 42 U.S.C Section 1383 ).
Top Ranked Judicial Districts
In July 2012 the Justice Department said the government brought 14.1 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 Fla, M 2 1 More Mich, E 2 1 More Mo, E 2 1 More Virg, E 2 1 More Ala, N 1 5 More Ark, E 1 5 More Ark, W 1 5 More Cal, C 1 5 More Conn 1 5 More Ga, N 1 5 More Ill, N 1 5 More Ill, S 1 5 More Ind, N 1 5 More Ind, S 1 5 More Iowa, N 1 5 More Kansas 1 5 More Ken, E 1 5 More La, W 1 5 More Miss, N 1 5 More Mo, W 1 5 More Montana 1 5 More N Car, M 1 5 More N Car, W 1 5 More N Mexico 1 5 More N. Y., S 1 5 More Okla, E 1 5 More Oregon 1 5 More Penn, E 1 5 More S Car 1 5 More S Dakota 1 5 More Utah 1 5 More Wash, W 1 5 More Table 3: Top 10 districts
The Middle District of Florida (Tampa), Eastern District of Michigan (Detroit), Eastern District of Missouri (St. Louis) and Eastern District of Virginia (Alexandria)—with 2 prosecutions—were the most active during July 2012.
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 July 2012 are shown in Table 4.
Judge Count Rank Blackburn, Sharon Lovelace Ala, N 1 1 More Holmes, J[ames] Leon Ark, E 1 1 More Holmes, Paul Kinloch, III Ark, W 1 1 More Fitzgerald, Michael Walter Cal, C 1 1 More Bryant, Vanessa Lynne Conn 1 1 More Merryday, Steven Douglas Fla, M 1 1 More Scriven, Mary Stenson Fla, M 1 1 More St. Eve, Amy J. Ill, N 1 1 More Murphy, G. Patrick Ill, S 1 1 More Miller, Robert Lowell, Jr. Ind, N 1 1 More Magnus-Stinson, Jane Elizabeth Ind, S 1 1 More Bennett, Mark W. Iowa, N 1 1 More Vratil, Kathryn Hoefer Kansas 1 1 More Forester, Karl Spillman Ken, E 1 1 More Foote, Elizabeth Erny La, W 1 1 More Cox, Sean Francis Mich, E 1 1 More Whalen, R. Steven Mich, E 1 1 More Buckles, Frederick R. Mo, E 1 1 More Noce, David D. Mo, E 1 1 More Laughrey, Nanette Kay Mo, W 1 1 More Molloy, Donald W. Montana 1 1 More Whitney, Frank DeArmon N Car, W 1 1 More Briccetti, Vincent Louis N. Y., S 1 1 More White, Ronald A. Okla, E 1 1 More Aiken, Ann L. Oregon 1 1 More Shapiro, Norma Levy Penn, E 1 1 More Nuffer, David Utah 1 1 More Spencer, James Randolph Virg, E 1 1 More Coughenour, John C. Wash, W 1 1 More Table 4: Top 10 judges
All 29 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 29 judges in the "top ten" rankings.)
Judges Sharon Lovelace Blackburn in the Northern District of Alabama (Birmingham), J[ames] Leon Holmes in the Eastern District of Arkansas (Little Rock), Paul Kinloch Holmes, III in the Western District of Arkansas (Fort Smith), Michael Walter Fitzgerald in the C entral District of California (Los Angeles), Vanessa Lynne Bryant in the District of Connecticut, Steven Douglas Merryday in the Middle District of Florida (Tampa), Mary Stenson Scriven in the Middle District of Florida (Tampa), Amy J. St. Eve, ranked 1st with 1 defendants in cases.
Report Generated: October 1, 2012
