Convictions for September 2012
Referring Agency: Social Security Administration
The latest available data from the Justice Department show that during September 2012 the government reported 52 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 1.9% 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 (3.3 percent). Convictions over the past year are still much lower than they were five years ago. Overall, the data show that convictions of this type are down 0.7 percent from levels reported in 2007.
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 September 2012 was for "Fraud-Federal Program", accounting for 48.1 percent of convictions. Convictions were also filed for "Theft-Government Property" (38.5%), " Withheld by Govt from TRAC (FOIA challen" (5.8%), "Other Criminal Prosecutions" (3.8%). See Figure 2.
Convictions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 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 September 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 September.
Convictions in U.S. District Courts
In September 2012, 51 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 convictions 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 35 1 1 1 More 42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 8 2 2 2 More 18 USC 654 - Officer or employee of US converting property 1 3 - - More 18 USC 1001 - Fraud/false statements or entries generally 1 3 4 3 More 18 USC 1028 - Fraud and related activity - id documents 1 3 7 5 More 18 USC 1546 - Fraud and misuse of visas, permits, and other documents 1 3 11 11 More 42 USC 1383a - Fraudulent acts; penalties; restitution 1 3 3 8 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 "Officer or employee of US converting property" under Title 18 U.S.C Section 654, "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, "Fraud and mis use of visas, permits, and other documents" under Title 18 U.S.C Section 1546 and "Fraudulent 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 4 a year ago, while it was ranked 3 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."Fraudulent acts; penalties; restitution" under Title 42 U.S.C Section 1383 was ranked 3 a year ago, while it was ranked 8 five years ago.
Among these top ten lead charges, the one showing the greatest increase in convictions—up 45.5 percent—compared to one year ago was Title 42 U.S.C Section 1383 that involves " Fraudulent acts; penalties; restitution ". This was the same statute that had the largest increase—166.7 %—when compared with five years ago.
Again among the top ten lead charges, the one showing the sharpest decline in convictions compared to one year ago—down 50 percent—was Fraud and misuse of visas, permits, and other documents (Title 18 U.S.C Section 1546 ). This was the same statute that had the largest decrease— 75 %—when compared with five years ago.
Top Ranked Judicial Districts
In September 2012 the Justice Department said the government obtained 19.9 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.
The District of Oregon—with 5 convictions—was the most active during September 2012.
The Eastern District of California (Sacramento) ranked 2nd.
Northern District of Indiana (South Bend), District of Kansas and District of Nevada are 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 resulting in convictions of this type during September 2012 are shown in Table 4.
Judge Count Rank England, Morrison C., Jr. Cal, E 4 1 More DeGuilio, Jon Ernest Ind, N 2 2 More Heaton, Joe L. Okla, W 2 2 More Lasnik, Robert S. Wash, W 2 2 More Moody, James Maxwell Ark, E 1 5 More Gee, Dolly Maizie Cal, C 1 5 More Conway, Anne C. Fla, M 1 5 More Merryday, Steven Douglas Fla, M 1 5 More Lawson, Hugh Ga, M 1 5 More Seabright, J[ohn] Michael Hawaii 1 5 More Kapala, Frederick J. Ill, N 1 5 More Springmann, Theresa Lazar Ind, N 1 5 More Marten, John Thomas Kansas 1 5 More Murguia, Carlos Kansas 1 5 More Melgren, Eric F. Kansas 1 5 More Battani, Marianne O. Mich, E 1 5 More Maloney, Paul Lewis Mich, W 1 5 More Aycock, Sharion Miss, N 1 5 More Reeves, Carlton Wayne Miss, S 1 5 More Hamilton, Jean Constance Mo, E 1 5 More Hays, Sarah W. Mo, W 1 5 More Lovell, Charles C. Montana 1 5 More Fox, James Carroll N Car, E 1 5 More D'Agostino, Mae Avila N. Y., N 1 5 More Karas, Kenneth M. N. Y., S 1 5 More Dawson, Kent J. Nevada 1 5 More Hicks, Larry R. Nevada 1 5 More Mahan, James C. Nevada 1 5 More Boyko, Christopher A. Ohio, N 1 5 More Lioi, Sara Elizabeth Ohio, N 1 5 More Frizzell, Gregory Kent Okla, N 1 5 More Aiken, Ann L. Oregon 1 5 More Brown, Anna J. Oregon 1 5 More Haggerty, Ancer Lee Oregon 1 5 More Jones, Robert Edward Oregon 1 5 More Panner, Owen Murphy Oregon 1 5 More Tucker, Petrese B. Penn, E 1 5 More Carlson, Martin C. Penn, M 1 5 More Anderson, George Ross, Jr. S Car 1 5 More Trauger, Aleta Arthur Tenn, M 1 5 More Lynn, Barbara M. Texas, N 1 5 More Davis, Mark Steven Virg, E 1 5 More Clevert, Charles N., Jr. Wisc, E 1 5 More Table 4: Top 10 judges
A total of 22 out of the "top ten" judges were in districts which were in the top ten with the largest number of convictions , while the remaining 21 judges were from other districts. (Because of ties, there were a total of 43 judges in the "top ten" rankings.)
Judge Morrison C. England, Jr. in the Eastern District of California (Sacramento) ranked 1st with 4 convicted in convictions.
Judges Jon Ernest DeGuilio in the Northern District of Indiana (South Bend), Joe L. Heaton in the Western District of Oklahoma (Oklahoma City) and Robert S. Lasnik in the Western District of Washington (Seattle) ranked 2nd with 2 convicted in convictions.
Report Generated: December 11, 2012
