Prosecutions for October 2013

Referring Agency: Social Security Administration

Number Latest Month 41
Percent Change from previous month -69.2
Percent Change from 1 year ago 36.8
Percent Change from 5 years ago (Including Magistrate Court) 50.4
Percent Change from 5 years ago (Excluding Magistrate Court) 44.4
Table 1: Criminal Prosecutions

The latest available data from the Justice Department show that during October 2013 the government reported 41 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 69.2% 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 (36.8 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 50.4 percent from levels reported in 2008.

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 October 2013 was for "Fraud-Federal Program", accounting for 41.5 percent of prosecutions. Prosecutions were also filed for "Theft-Government Property" (17.1%), " Withheld by Govt from TRAC (FOIA challen" (14.6%), "Fraud-Identity Theft-Other" (7.3%), "Fraud-Other" (4.9%), "Other Criminal Prosecutions" (4.9%), "Drugs-Drug Trafficking" (2.4%), "Fraud-Financial Institution" (2.4%), "Government Property-Crimes Against " (2.4%), "Violence-Other" (2.4%). See Figure 2.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions

Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In October 2013, 3 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 33.3 percent of all magistrate filings in October.

Prosecutions in U.S. District Courts

In October 2013, 38 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during October 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 October.

Top Ranked Lead Charges

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

Lead Charge Count Rank  
18 USC 641 - Public money, property or records 18 1 More
42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 3 2 More
42 USC 1307 - Social Security - Penalty for fraud 2 3 More
18 USC 371 - Conspiracy to commit offense or to defraud US 1 4 More
18 USC 844 - Explosives - Importation and storage of explosives 1 4 More
18 USC 875 - Interstate Communications 1 4 More
18 USC 1028 - Fraud and related activity - id documents 1 4 More
18 USC 1029 - Fraud and related activity - access devices 1 4 More
18 USC 1341 - Mail Fraud - Frauds and swindles 1 4 More
18 USC 1343 - Fraud by wire, radio, or television 1 4 More
21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 1 4 More
42 USC 1383 - Social Security -Procedure for payment of benefits 1 4 More
42 USC 1383a - Fraudulent acts; penalties; restitution 1 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.

  • Ranked 2nd in frequency was the lead charge "Fed Old Age, Survivors & Disab Insur -Penalties" under Title 42 U.S.C Section 408.

  • Ranked 3rd was "Social Security - Penalty for fraud" under Title 42 U.S.C Section 1307.

Top Ranked Judicial Districts

In October 2013 the Justice Department said the government brought 14.9 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
Miss, S 4 1 More
Ark, E 3 3 More
Fla, M 2 4 More
Mich, W 2 4 More
Mo, E 2 4 More
Mo, W 2 4 More
Ohio, N 2 4 More
Oregon 2 4 More
Virg, W 2 4 More
Table 3: Top 10 districts

  • The District of Maryland and Southern District of Mississippi (Jackson)—with 4 prosecutions—were the most active during October 2013.

  • Eastern District of Arkansas (Little Rock) is 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 of this type during October 2013 are shown in Table 4.

Judge Count Rank  
Ozerden, Halil Suleyman Miss, S 4 1 More
Miller, Brian Stacy Ark, E 2 2 More
Howard, Marcia Morales Fla, M 2 2 More
Bredar, James Kelleher Maryland 2 2 More
Adams, John R. Ohio, N 2 2 More
Jones, James Parker Virg, W 2 2 More
Marshall, Denzil Price, Jr. Ark, E 1 7 More
Guilford, Andrew J. Cal, C 1 7 More
Zloch, William J. Fla, S 1 7 More
Magnus-Stinson, Jane Elizabeth Ind, S 1 7 More
Foote, Elizabeth Erny La, W 1 7 More
Motz, J. Frederick Maryland 1 7 More
Bennett, Richard D. Maryland 1 7 More
Bell, Robert Holmes Mich, W 1 7 More
Maloney, Paul Lewis Mich, W 1 7 More
Webber, E. Richard Mo, E 1 7 More
Limbaugh, Stephen Nathaniel, Jr. Mo, E 1 7 More
Phillips, Mary Elizabeth Mo, W 1 7 More
Wimes, Brian Curtis Mo, W 1 7 More
Molloy, Donald W. Montana 1 7 More
Armijo, M. Christina N Mexico 1 7 More
Pisano, Joel A. N. J. 1 7 More
Irizarry, Dora L. N. Y., E 1 7 More
Weber, Herman Jacob Ohio, S 1 7 More
Panner, Owen Murphy Oregon 1 7 More
Besosa, Francisco Augusto Puer Rico 1 7 More
Benson, Dee Vance Utah 1 7 More
Spencer, James Randolph Virg, E 1 7 More
Table 4: Top 10 judges

A total of 16 out of the "top ten" judges were in districts which were in the top ten with the largest number of filings , while the remaining 12 judges were from other districts. (Because of ties, there were a total of 28 judges in the "top ten" rankings.)

  • Judge Halil Suleyman Ozerden in the Southern District of Mississippi (Jackson) ranked 1st with 4 defendants in cases.

  • Judges Brian Stacy Miller in the Eastern District of Arkansas (Little Rock), Marcia Morales Howard in the Middle District of Florida (Tampa), James Kelleher Bredar in the District of Maryland, John R. Adams in the Northern District of Ohio (Cleveland) and James P arker Jones in the Western District of Virginia (Roanoke) ranked 2nd with 2 defendants in cases.

Report Generated: January 13, 2014
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