Convictions for July 2013

Referring Agency: Social Security Administration

Number Latest Month 46
Percent Change from previous month 31.4
Percent Change from 1 year ago -8.9
Percent Change from 5 years ago (Including Magistrate Court) -1.5
Percent Change from 5 years ago (Excluding Magistrate Court) -2.4
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during July 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 31.4% 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 (-8.9 percent). Convictions over the past year are still much lower than they were five years ago. Overall, the data show that convictions of this type are down 1.5 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 July 2013 was for "Fraud-Federal Program", accounting for 69.6 percent of convictions. Convictions were also filed for "Theft-Government Property" (13%), "Fraud-Other" (8.7%), " Withheld by Govt from TRAC (FOIA challen" (4.3%), "Fraud-Health Care" (2.2%), "Fraud-Identity Theft-Aggravated" (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 July 2013, 1 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 100 percent of all magistrate convictions in July.

Convictions in U.S. District Courts

In July 2013, 45 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July 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 July.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the convictions of matters filed in U.S. District Court during July 2013referred by the Social Security Administration.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 641 - Public money, property or records 26 1 1 1 More
42 USC 1383a - Fraudulent acts; penalties; restitution 7 2 3 3 More
42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 4 3 2 2 More
18 USC 1001 - Fraud/false statements or entries generally 2 4 7 6 More
18 USC 371 - Conspiracy to commit offense or to defraud US 1 5 17 - More
18 USC 1028A - Aggravated Identity Theft 1 5 5 5 More
18 USC 1347 - Health Care Fraud 1 5 - - More
42 USC 1383 - Social Security -Procedure for payment of benefits 1 5 6 7 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 "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 3 a year ago, while it was ranked 3 five years ago.

  • Ranked 3rd was "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.

Among these top ten lead charges, the one showing the greatest increase in convictions—up 100 percent—compared to one year ago was Title 18 U.S.C Section 371 that involves " Conspiracy to commit offense or to defraud US ". Compared to five years ago, the largest increase—140 percent—was registered for convictions under " Social Security -Procedure for payment of benefits " (Title 42 U.S.C Section 1383 ).

Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 44.4 percent—was Aggravated Identity Theft (Title 18 U.S.C Section 1028 ). This was the same statute that had the largest decrease— 44.4 %—when compared with five years ago.

Top Ranked Judicial Districts

In July 2013 the Justice Department said the government obtained 17.6 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  
Ken, E 7 1 More
Mo, E 5 2 More
Ala, S 3 3 More
Colorado 3 3 More
Mo, W 3 3 More
Fla, M 2 6 More
Ill, N 2 6 More
Montana 2 6 More
Wash, W 2 6 More
Ala, N 1 10 More
Ark, E 1 10 More
D. C. 1 10 More
Iowa, N 1 10 More
Iowa, S 1 10 More
La, W 1 10 More
Mich, E 1 10 More
Miss, N 1 10 More
N Car, E 1 10 More
N Car, W 1 10 More
N. Y., S 1 10 More
N. Y., W 1 10 More
Oregon 1 10 More
Penn, E 1 10 More
Virg, E 1 10 More
W Virg, N 1 10 More
Table 3: Top 10 districts

  • The Eastern District of Kentucky (Lexington)—with 7 convictions—was the most active during July 2013.

  • The Eastern District of Missouri (St. Louis) ranked 2nd.

  • Southern District of Alabama (Mobile), District of Colorado and Western District of Missouri (Kansas City) 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 resulting in convictions of this type during July 2013 are shown in Table 4.

Judge Count Rank  
Bunning, David L. Ken, E 7 1 More
Granade, Callie V. Ala, S 2 2 More
Daniel, Wiley Young Colorado 2 2 More
Noce, David D. Mo, E 2 2 More
Johnson, Inge Prytz Ala, N 1 5 More
Steele, William H. Ala, S 1 5 More
Moody, James Maxwell Ark, E 1 5 More
Krieger, Marcia S. Colorado 1 5 More
Boasberg, James Emanuel D. C. 1 5 More
Schlesinger, Harvey Erwin Fla, M 1 5 More
Howard, Marcia Morales Fla, M 1 5 More
Gettleman, Robert William Ill, N 1 5 More
Zagel, James Block Ill, N 1 5 More
Bennett, Mark W. Iowa, N 1 5 More
Rose, Stephanie Marie Iowa, S 1 5 More
Foote, Elizabeth Erny La, W 1 5 More
Rosen, Gerald Ellis Mich, E 1 5 More
Aycock, Sharion Miss, N 1 5 More
Hamilton, Jean Constance Mo, E 1 5 More
Webber, E. Richard Mo, E 1 5 More
Mummert, Thomas C., III Mo, E 1 5 More
Gaitan, Fernando J., Jr. Mo, W 1 5 More
Hays, Sarah W. Mo, W 1 5 More
Wimes, Brian Curtis Mo, W 1 5 More
Molloy, Donald W. Montana 1 5 More
Christensen, Dana Lewis Montana 1 5 More
Flanagan, Louise W. N Car, E 1 5 More
Briccetti, Vincent Louis N. Y., S 1 5 More
Skretny, William M. N. Y., W 1 5 More
Aiken, Ann L. Oregon 1 5 More
Pratter, Gene E.K. Penn, E 1 5 More
Hudson, Henry E. Virg, E 1 5 More
Groh, Gina Marie W Virg, N 1 5 More
Jones, Richard A. Wash, W 1 5 More
Settle, Benjamin Hale Wash, W 1 5 More
Table 4: Top 10 judges

All 35 of the "top ten" judges were in districts which were in the top ten with the largest number of convictions . (Because of ties, there were a total of 35 judges in the "top ten" rankings.)

  • Judge David L. Bunning in the Eastern District of Kentucky (Lexington) ranked 1st with 7 convicted in convictions.

  • Judges Callie V. Granade in the Southern District of Alabama (Mobile), Wiley Young Daniel in the District of Colorado and David D. Noce in the Eastern District of Missouri (St. Louis) ranked 2nd with 2 convicted in convictions.

Report Generated: September 23, 2013
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