Prosecutions for June 2013

Referring Agency: Social Security Administration

Number Latest Month 60
Percent Change from previous month -1.6
Percent Change from 1 year ago 14.7
Percent Change from 5 years ago (Including Magistrate Court) 13.9
Percent Change from 5 years ago (Excluding Magistrate Court) 9.8
Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during June 2013 the government reported 60 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 1.6% 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 (14.7 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 13.9 percent from levels reported in 2008.

The growth in these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases are excluded and only Federal District Court cases are counted, the overall increase in prosecutions is 9.8 percent instead of 13.9 percent. The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases by the Justice Department.

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 June 2013 was for "Fraud-Federal Program", accounting for 43.3 percent of prosecutions. Prosecutions were also filed for "Theft-Government Property" (15%), " Withheld by Govt from TRAC (FOIA challen" (10%), "Fraud-Other" (6.7%), "Fraud-Computer" (3.3%), "Government Property-Crimes Against" (3.3%), "Other Criminal Prosecutions" (3.3%), "Violence-Other" (3.3%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions

Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In June 2013, 8 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 June the most frequently cited lead charge was Title 18 U.S.C Section 510 involving the "Forging endorsements on Treasury checks, bonds se". This was the lead charge for 25 percent of all magistrate filings in June.

Prosecutions in U.S. District Courts

In June 2013, 52 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during June there were an additional 3 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 June.

Top Ranked Lead Charges

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

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 641 - Public money, property or records 34 1 1 1 More
42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 6 2 2 2 More
18 USC 115 - Influencing, impeding, or retaliating against a Federal official 2 3 - 15 More
18 USC 1028 - Fraud and related activity - id documents 1 4 5 3 More
18 USC 1028A - Aggravated Identity Theft 1 4 10 5 More
18 USC 1343 - Fraud by wire, radio, or television 1 4 8 13 More
18 USC 1542 - False statement in application and use of passport 1 4 - - More
42 USC 1320a-8b - Attempts to interfere with administration of Social 1 4 14 - More
42 USC 1383 - Social Security -Procedure for payment of benefits 1 4 7 9 More
42 USC 1383a - Fraudulent acts; penalties; restitution 1 4 6 4 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 "Influencing, impeding, or retaliating against a Federal official" under Title 18 U.S.C Section 115.

Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 100 percent—compared to one year ago was Title 18 U.S.C Section 1028 that involves " Aggravated Identity Theft ". Compared to five years ago, the largest increase—150 percent—was registered for prosecutions under " Fraud by wire, radio, or television " (Title 18 U.S.C Section 1343 ).

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 29.2 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— 60 percent—was for filings where the lead charge was " Aggravated Identity Theft " (Title 18 U.S.C Section 1028 ).

Top Ranked Judicial Districts

In June 2013 the Justice Department said the government brought 21.5 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  
Maryland 4 1 More
Mo, E 4 1 More
Wash, W 4 1 More
Kansas 3 4 More
Penn, W 3 4 More
Ala, N 2 6 More
Ark, W 2 6 More
Colorado 2 6 More
Conn 2 6 More
Fla, M 2 6 More
La, W 2 6 More
Miss, N 2 6 More
S Car 2 6 More
Utah 2 6 More
Table 3: Top 10 districts

  • The District of Maryland, Eastern District of Missouri (St. Louis) and Western District of Washington (Seattle)—with 4 prosecutions—were the most active during June 2013.

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 June 2013 are shown in Table 4.

Judge Count Rank  
James, Robert Gillespie La, W 2 1 More
Noce, David D. Mo, E 2 1 More
Mensah, Shirley P. Mo, E 2 1 More
Waddoups, Clark Utah 2 1 More
Hancock, James Hughes Ala, N 1 5 More
Proctor, R. David Ala, N 1 5 More
Bryant, Barry A. Ark, W 1 5 More
Hickey, Susan Owens Ark, W 1 5 More
Blackburn, Robert E. Colorado 1 5 More
Krieger, Marcia S. Colorado 1 5 More
Hall, Janet C. Conn 1 5 More
Thompson, Alvin W. Conn 1 5 More
Merryday, Steven Douglas Fla, M 1 5 More
Moody, James S., Jr. Fla, M 1 5 More
Cohn, James I. Fla, S 1 5 More
Treadwell, Marc Thomas Ga, M 1 5 More
Shadur, Milton Irving Ill, N 1 5 More
Springmann, Theresa Lazar Ind, N 1 5 More
Belot, Monti L. Kansas 1 5 More
Murguia, Carlos Kansas 1 5 More
Vratil, Kathryn Hoefer Kansas 1 5 More
Thapar, Amul Roger Ken, E 1 5 More
Torresen, Nancy Maine 1 5 More
Blake, Catherine C. Maryland 1 5 More
Bennett, Richard D. Maryland 1 5 More
Bredar, James Kelleher Maryland 1 5 More
Russell, George Levi, III Maryland 1 5 More
Cox, Sean Francis Mich, E 1 5 More
Simandle, Jerome B. N. J. 1 5 More
Katz, David A. Ohio, N 1 5 More
Aiken, Ann L. Oregon 1 5 More
Goldberg, Mitchell S. Penn, E 1 5 More
Conti, Joy Flowers Penn, W 1 5 More
Fischer, Nora Barry Penn, W 1 5 More
Hornak, Mark Raymond Penn, W 1 5 More
Schell, Richard A. Texas, E 1 5 More
Gibney, John Adrian, Jr. Virg, E 1 5 More
Moon, Norman K. Virg, W 1 5 More
Bailey, John Preston W Virg, N 1 5 More
Shea, Edward F. Wash, E 1 5 More
Coughenour, John C. Wash, W 1 5 More
Zilly, Thomas Samuel Wash, W 1 5 More
Martinez, Ricardo S. Wash, W 1 5 More
Jones, Richard A. Wash, W 1 5 More
Table 4: Top 10 judges

A total of 28 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings , while the remaining 16 judges were from other districts. (Because of ties, there were a total of 44 judges in the "top ten" rankings.)

  • Judges Robert Gillespie James in the Western District of Louisiana (Shreveport), David D. Noce in the Eastern District of Missouri (St. Louis), Shirley P. Mensah in the Eastern District of Missouri (St. Louis) and Clark Waddoups in the District of Utah ranked 1st with 2 defendants in cases.

Report Generated: August 20, 2013
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Copyright 2013, TRAC Reports, Inc.

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