Prosecutions for September 2012
Referring Agency: Social Security Administration
The latest available data from the Justice Department show that during September 2012 the government reported 68 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 119.4% 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 2012 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-9.6 percent). Prosecutions over the past year are still much lower than they were five years ago. Overall, the data show that prosecutions of this type are down 8.7 percent from levels reported in 2007.
The decrease 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 September 2012 was for "Fraud-Federal Program", accounting for 57.4 percent of prosecutions. Prosecutions were also filed for "Theft-Government Property" (16.2%), " Withheld by Govt from TRAC (FOIA challen" (10.3%), "Fraud-Identity Theft-Aggravated" (4.4%), "Fraud-Other" (2.9%). See Figure 2.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2012, 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 September the most frequently cited lead charge was Title 18 U.S.C Section 113 involving the "Assaults within maritime and territorial jurisdictions". This was the lead charge for 50 percent of all magistrate filings in September.
Prosecutions in U.S. District Courts
In September 2012, 66 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September 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 September.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during September 2012referred by the Social Security Administration.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 641 - Public money, property or records 33 1 1 1 More 42 USC 1383 - Social Security -Procedure for payment of benefits 9 2 6 6 More 42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 8 3 2 2 More 18 USC 1028 - Fraud and related activity - id documents 2 4 4 3 More 18 USC 1028A - Aggravated Identity Theft 2 4 6 14 More 42 USC 1383a - Fraudulent acts; penalties; restitution 2 4 3 8 More 18 USC 1001 - Fraud/false statements or entries generally 1 7 5 4 More 18 USC 1341 - Mail Fraud - Frauds and swindles 1 7 6 10 More 18 USC 1343 - Fraud by wire, radio, or television 1 7 11 8 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 "Social Security -Procedure for payment of benefits" under Title 42 U.S.C Section 1383. "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 6 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 prosecutions—up 180 percent—compared to one year ago was Title 42 U.S.C Section 1383 that involves " Social Security -Procedure for payment of benefits ". Compared to five years ago, the largest increase—100 percent—was registered for prosecutions under " Mail Fraud - Frauds and swindles " (Title 18 U.S.C Section 1341 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago—down 62.5 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 prosecutions— 76 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 September 2012 the Justice Department said the government brought 25.8 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.
The Eastern District of Kentucky (Lexington)—with 13 prosecutions—was the most active during September 2012.
The Eastern District of Missouri (St. Louis) ranked 2nd.
Middle District of Florida (Tampa) 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 September 2012 are shown in Table 4.
Judge Count Rank Van Tatenhove, Gregory Frederick Ken, E 9 1 More Thapar, Amul Roger Ken, E 4 2 More Ross, John Andrew Mo, E 4 2 More Yohn, William Hendricks, Jr. Penn, E 2 4 More Trauger, Aleta Arthur Tenn, M 2 4 More Bowdre, Karon O. Ala, N 1 6 More Jorgenson, Cindy K. Arizona 1 6 More Wake, Neil Vincent Arizona 1 6 More Moody, James Maxwell Ark, E 1 6 More White, Jeffrey Steven Cal, N 1 6 More Seeborg, Richard G. Cal, N 1 6 More Hall, Janet C. Conn 1 6 More Kovachevich, Elizabeth Anne Fla, M 1 6 More Corrigan, Timothy J. Fla, M 1 6 More Howard, Marcia Morales Fla, M 1 6 More Smith, G. R. Ga, S 1 6 More Kennelly, Matthew F. Ill, N 1 6 More Kocoras, Charles Petros Ill, N 1 6 More Leinenweber, Harry Daniel Ill, N 1 6 More Coleman, Sharon Johnson Ill, N 1 6 More Springmann, Theresa Lazar Ind, N 1 6 More Murguia, Carlos Kansas 1 6 More Kyle, Richard House Minnesota 1 6 More Schiltz, Patrick Joseph Minnesota 1 6 More Hamilton, Jean Constance Mo, E 1 6 More Adelman, Terry I. Mo, E 1 6 More Fleissig, Audrey Goldstein Mo, E 1 6 More Flanagan, Louise W. N Car, E 1 6 More Hovland, Daniel L. N Dakota 1 6 More Hurd, David N. N. Y., N 1 6 More Strom, Lyle Elmer Nebraska 1 6 More Thalken, Thomas D. Nebraska 1 6 More Carr, James G. Ohio, N 1 6 More Eagan, Claire V. Okla, N 1 6 More Pratter, Gene E.K. Penn, E 1 6 More Slomsky, Joel Harvey Penn, E 1 6 More Diamond, Gustave Penn, W 1 6 More Wooten, Terry L. S Car 1 6 More Rainey, John David Texas, S 1 6 More Doumar, Robert George Virg, E 1 6 More Trenga, Anthony John Virg, E 1 6 More Conrad, Glen Edward Virg, W 1 6 More Brimmer, Clarence Addison, Jr. Wyoming 1 6 More Table 4: Top 10 judges
A total of 27 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 43 judges in the "top ten" rankings.)
Judge Gregory Frederick Van Tatenhove in the Eastern District of Kentucky (Lexington) ranked 1st with 9 defendants in cases.
Judges Amul Roger Thapar in the Eastern District of Kentucky (Lexington) and John Andrew Ross in the Eastern District of Missouri (St. Louis) ranked 2nd with 4 defendants in cases.
Report Generated: December 11, 2012
