Prosecutions for March 2013

Referring Agency: Social Security Administration

Number Latest Month 52
Percent Change from previous month 10.6
Percent Change from 1 year ago 4.3
Percent Change from 5 years ago (Including Magistrate Court) 3.6
Percent Change from 5 years ago (Excluding Magistrate Court) 4.1
Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during March 2013 the government reported 52 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 up 10.6% 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 (4.3 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 3.6 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in prosecutions

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 March 2013 was for "Fraud-Federal Program", accounting for 40.4 percent of prosecutions. Prosecutions were also filed for "Theft-Government Property" (34.6%), " Withheld by Govt from TRAC (FOIA challen" (11.5%), "Other Criminal Prosecutions" (5.8%), "Fraud-Other" (3.8%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions

Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In March 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 March 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 March.

Prosecutions in U.S. District Courts

In March 2013, 50 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during March 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 March.

Top Ranked Lead Charges

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

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 641 - Public money, property or records 42 1 1 1 More
42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 2 2 2 2 More
18 USC 844 - Explosives - Importation and storage of explosives 1 3 - - More
18 USC 1001 - Fraud/false statements or entries generally 1 3 3 6 More
18 USC 1028 - Fraud and related activity - id documents 1 3 7 3 More
18 USC 2250 - Fail to register as sex offender after traveling interstate commerce 1 3 - - 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 were "Explosives - Importation and storage of explosives" under Title 18 U.S.C Section 844, "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001, "Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 and "Fail to register as sex offender after traveling interstate commerce" under Title 18 U.S.C Section 2250. "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001 was ranked 3 a year ago, while it was ranked 6 five years ago."Fraud and related activity - id documents" under Title 18 U.S.C Section 1028 was ranked 7 a year ago, while it wa s ranked 3 five years ago.

Among these top ten lead charges, the one showing the greatest increase in prosecutions—up 37.5 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—61.8 %—when compared with five years ago.

Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 53.4 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— 71.4 percent—was for filings where the lead charge was " Fraud and related activity - id documents " (Title 18 U.S.C Section 1028 ).

Top Ranked Judicial Districts

In March 2013 the Justice Department said the government brought 20.7 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  
Mo, E 8 1 More
Ohio, N 4 2 More
Wash, W 4 2 More
Ark, W 3 4 More
Texas, N 3 4 More
Ala, N 2 6 More
Fla, M 2 6 More
Mich, E 2 6 More
N Car, E 2 6 More
Penn, E 2 6 More
Texas, W 2 6 More
Wisc, E 2 6 More
Table 3: Top 10 districts

  • The Eastern District of Missouri (St. Louis)—with 8 prosecutions—was the most active during March 2013.

  • The Northern District of Ohio (Cleveland) and Western District of Washington (Seattle) 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 of this type during March 2013 are shown in Table 4.

Judge Count Rank  
Hickey, Susan Owens Ark, W 3 1 More
Robinson, Mary Lou Texas, N 3 1 More
Limbaugh, Stephen Nathaniel, Jr. Mo, E 2 3 More
Noce, David D. Mo, E 2 3 More
Coughenour, John C. Wash, W 2 3 More
Stadtmueller, Joseph Peter Wisc, E 2 3 More
Hopkins, Virginia Emerson Ala, N 1 7 More
Proctor, R. David Ala, N 1 7 More
Granade, Callie V. Ala, S 1 7 More
Conway, Anne C. Fla, M 1 7 More
Lazzara, Richard A. Fla, M 1 7 More
Cooke, Marcia G. Fla, S 1 7 More
Herndon, David R. Ill, S 1 7 More
Magnus-Stinson, Jane Elizabeth Ind, S 1 7 More
Murguia, Carlos Kansas 1 7 More
Barbier, Carl J. La, E 1 7 More
Haik, Richard T., Sr La, W 1 7 More
Titus, Roger W. Maryland 1 7 More
Casper, Denise Jefferson Mass 1 7 More
Cox, Sean Francis Mich, E 1 7 More
Binder, Charles E. Mich, E 1 7 More
Sippel, Rodney W. Mo, E 1 7 More
Adelman, Terry I. Mo, E 1 7 More
Baker, Nannette A. Mo, E 1 7 More
Mummert, Thomas C., III Mo, E 1 7 More
Boyle, Terrence William N Car, E 1 7 More
Fox, James Carroll N Car, E 1 7 More
Dowd, David Dudley, Jr. Ohio, N 1 7 More
Nugent, Donald C. Ohio, N 1 7 More
Adams, John R. Ohio, N 1 7 More
Pearson, Benita Yalonda Ohio, N 1 7 More
Ovington, Sharon L. Ohio, S 1 7 More
Payne, James H. Okla, E 1 7 More
Davis, Legrome D. Penn, E 1 7 More
Slomsky, Joel Harvey Penn, E 1 7 More
Haynes, William Joseph, Jr. Tenn, M 1 7 More
Schell, Richard A. Texas, E 1 7 More
Briones, David Texas, W 1 7 More
Smith, Walter Scott, Jr. Texas, W 1 7 More
Sessions, William K., III Vermont 1 7 More
Hudson, Henry E. Virg, E 1 7 More
Pechman, Marsha J. Wash, W 1 7 More
Settle, Benjamin Hale Wash, W 1 7 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 15 judges were from other districts. (Because of ties, there were a total of 43 judges in the "top ten" rankings.)

  • Judges Susan Owens Hickey in the Western District of Arkansas (Fort Smith) and Mary Lou Robinson in the Northern District of Texas (Fort Worth) ranked 1st with 3 defendants in cases.

  • Judges Stephen Nathaniel Limbaugh, Jr. in the Eastern District of Missouri (St. Louis), David D. Noce in the Eastern District of Missouri (St. Louis), John C. Coughenour in the Western District of Washington (Seattle) and Joseph Peter Stadtmueller in the Eastern District of Wisconsin (Milwaukee) ranked 3rd with 2 defendants in cases.

Report Generated: May 9, 2013
TRAC Copyright
Copyright 2013, TRAC Reports, Inc.

TRAC RSS Feed for this page Email Feed for this page Email this page