Convictions for October 2012

Referring Agency: Social Security Administration

Number Latest Month 40
Percent Change from previous month -23.1
Percent Change from 1 year ago 2.5
Percent Change from 5 years ago (Including Magistrate Court) 6.8
Percent Change from 5 years ago (Excluding Magistrate Court) 10.5
Table 1: Criminal Convictions

The latest available data from the Justice Department show that during October 2012 the government reported 40 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 down 23.1% 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 2012 convictions of this type are compared with those of the same period in the previous year, the number of convictions was up (2.5 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 6.8 percent from levels reported in 2007.

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 October 2012 was for "Fraud-Federal Program", accounting for 70 percent of convictions. Convictions were also filed for "Theft-Government Property" (15%), " Fraud-Identity Theft-Aggravated" (5%), "Fraud-Mortgage" (2.5%), "Fraud-Other" (2.5%), "Other Criminal Prosecutions" (2.5%), "Project Safe Childhood" (2.5%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of convictions

Convictions in U.S. Magistrate Courts

Top Ranked Lead Charges

In October 2012, 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 October 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 October.

Convictions in U.S. District Courts

In October 2012, 39 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during October 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 October.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the convictions of matters filed in U.S. District Court during October 2012referred by the Social Security Administration.

Lead Charge Count Rank 1yr ago 5yrs ago  
18 USC 641 - Public money, property or records 23 1 1 1 More
42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 6 2 2 2 More
18 USC 1001 - Fraud/false statements or entries generally 2 3 3 4 More
18 USC 1028 - Fraud and related activity - id documents 2 3 7 5 More
42 USC 1383 - Social Security -Procedure for payment of benefits 2 3 6 3 More
42 USC 1383a - Fraudulent acts; penalties; restitution 2 3 3 7 More
18 USC 157 - Bankruptcy Fraud 1 7 - - More
18 USC 1341 - Mail Fraud - Frauds and swindles 1 7 10 6 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 were "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, "Social Security -Procedure for payment of benefits" under Title 42 U.S.C Section 1383 and "Frau dulent acts; penalties; restitution" under Title 42 U.S.C Section 1383. "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001 was ranked 3 a year ago, while it was ranked 4 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 5 five years ago."Social Security -Procedure for payment of benefits" under Title 42 U.S.C Section 1383 was ranked 6 a year ago, while it was ranked 3 five years ago."Fraudulent acts; penalties; restitution" under Title 42 U.S.C Section 1383 was r anked 3 a year ago, while it was ranked 7 five years ago.

Among these top ten lead charges, the one showing the greatest increase in convictions—up 50 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—112.5 percent—was registered for convictions under " Fraudulent acts; penalties; restitution " (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 46.2 percent—was Fraud/false statements or entries generally (Title 18 U.S.C Section 1001 ). Compared to five years ago, the most significant decline in convictions— 72.7 percent—was for convictions where the lead charge was " Mail Fraud - Frauds and swindles " (Title 18 U.S.C Section 1341 ).

Top Ranked Judicial Districts

In October 2012 the Justice Department said the government obtained 15.2 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  
Mo, W 4 1 More
Mich, E 3 2 More
Virg, W 3 2 More
Arizona 2 4 More
Ark, E 2 4 More
Mass 2 4 More
Mo, E 2 4 More
Ohio, N 2 4 More
Oregon 2 4 More
Ark, W 1 10 More
Cal, C 1 10 More
Cal, E 1 10 More
Fla, M 1 10 More
Iowa, S 1 10 More
Maine 1 10 More
Maryland 1 10 More
Montana 1 10 More
N Dakota 1 10 More
N Mexico 1 10 More
Nebraska 1 10 More
Ohio, S 1 10 More
S Car 1 10 More
S Dakota 1 10 More
Texas, W 1 10 More
Virg, E 1 10 More
Wisc, W 1 10 More
Table 3: Top 10 districts

  • The Western District of Missouri (Kansas City)—with 4 convictions—was the most active during October 2012.

  • The Eastern District of Michigan (Detroit) and Western District of Virginia (Roanoke) 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 October 2012 are shown in Table 4.

Judge Count Rank  
Saris, Patti B. Mass 2 1 More
Jackson, Carol E. Mo, E 2 1 More
Hogan, Michael Robert Oregon 2 1 More
Moon, Norman K. Virg, W 2 1 More
Silver, Roslyn O. Arizona 1 5 More
Campbell, David G. Arizona 1 5 More
Moody, James Maxwell Ark, E 1 5 More
Holmes, J[ames] Leon Ark, E 1 5 More
Hickey, Susan Owens Ark, W 1 5 More
Chooljian, Jacqueline Cal, C 1 5 More
Ishii, Anthony W. Cal, E 1 5 More
Sharp, George Kendall Fla, M 1 5 More
Pratt, Robert W. Iowa, S 1 5 More
Singal, George Z. Maine 1 5 More
Motz, J. Frederick Maryland 1 5 More
Cox, Sean Francis Mich, E 1 5 More
Goldsmith, Mark Allan Mich, E 1 5 More
Whalen, R. Steven Mich, E 1 5 More
Gaitan, Fernando J., Jr. Mo, W 1 5 More
Whipple, Dean Mo, W 1 5 More
Hays, Sarah W. Mo, W 1 5 More
Maughmer, John T. Mo, W 1 5 More
Christensen, Dana Lewis Montana 1 5 More
Hovland, Daniel L. N Dakota 1 5 More
Smith Camp, Laurie Smith Nebraska 1 5 More
Carr, James G. Ohio, N 1 5 More
Polster, Dan A. Ohio, N 1 5 More
Weber, Herman Jacob Ohio, S 1 5 More
Seymour, Margaret B. S Car 1 5 More
Viken, Jeffrey Lynn S Dakota 1 5 More
Smith, Walter Scott, Jr. Texas, W 1 5 More
O'Grady, Liam Virg, E 1 5 More
Wilson, Samuel Grayson Virg, W 1 5 More
Conley, William Martin Wisc, W 1 5 More
Table 4: Top 10 judges

All 34 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 34 judges in the "top ten" rankings.)

  • Judges Patti B. Saris in the District of Massachusetts, Carol E. Jackson in the Eastern District of Missouri (St. Louis), Michael Robert Hogan in the District of Oregon and Norman K. Moon in the Western District of Virginia (Roanoke) ranked 1st with 2 convicted in convictions.

Report Generated: February 6, 2013
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