Prosecutions for July 2018
Referring Agency: Social Security Administration
The latest available data from the Justice Department show that during July 2018 the government reported 34 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 27.7 percent 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 2018 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (12.2%). 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 20 percent from levels reported in 2013.
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 July 2018 was for "Fraud-Federal Program", accounting for 44.1 percent of prosecutions. Prosecutions were also filed for "Theft-Government Property" (26.5%), "Withheld by Govt from TRAC (FOIA challen" (14.7%), "Fraud-Other" (5.9%), "Corruption(Govt Off)-Fed Program" (2.9%), "Fraud-Identity Theft-Other" (2.9%), "Other Criminal Prosecutions" (2.9%). See Figure 2.
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In July 2018, no 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.
Prosecutions in U.S. District Courts
In July 2018, 34 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during July there were an additional 2 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 July.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters filed in U.S. District Court during July 2018 referred 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 18 USC 1001 - Fraud/false statements or entries generally 2 2 5 5 More 18 USC 1028 - Fraud and related activity - id documents 2 2 7 4 More 42 USC 408 - Fed Old Age, Survivors & Disab Insur -Penalties 2 2 2 2 More 18 USC 1343 - Fraud by wire, radio, or television 1 5 4 7 More 42 USC 1307 - Social Security - Penalty for fraud 1 5 15 - 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 were the lead charges "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 "Fed Old Age, Survivors & Disab Insur -Penalties" under Title 42 U.S.C Section 408. "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001 was ranked 5 a year ago, while it was ranked 5 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 was ranked 4 five years ago."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 36.4 percent — compared to one year ago was Title 18 U.S.C Section 641 that involves " Public money, property or records ". Compared to five years ago, the largest increase — 40 percent — was registered for prosecutions under " Fraud/false statements or entries generally " (Title 18 U.S.C Section 1001 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 50 percent — was " Fraud by wire, radio, or television " (Title 18 U.S.C Section 1343 ). Compared to five years ago, the most significant decline in prosecutions — 50 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 July 2018 the Justice Department said the government brought 13.4 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 Virg, W 4 1 More Cal, S 3 2 More Ohio, N 3 2 More Ark, W 2 4 More Fla, M 2 4 More Kansas 2 4 More Ken, E 2 4 More Texas, N 2 4 More Wash, W 2 4 More Cal, C 1 10 More Cal, E 1 10 More Colorado 1 10 More Fla, S 1 10 More Ken, W 1 10 More La, W 1 10 More Maryland 1 10 More Miss, N 1 10 More N Car, W 1 10 More N. Y., S 1 10 More New Hamp 1 10 More Penn, W 1 10 More S Dakota 1 10 More Texas, W 1 10 More Table 3. Top 10 Districts
The Western District of Virginia (Roanoke) — with 4 prosecutions — was the most active during July 2018.
The Southern District of California (San Diego) and Northern District of Ohio (Cleveland) 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 July 2018 are shown in Table 4.
Judge Count Rank Olguin, Fernando M. Cal, C 1 1 More Drozd, Dale A. Cal, E 1 1 More Sabraw, Dana Makoto Cal, S 1 1 More Battaglia, Anthony Joseph Cal, S 1 1 More Crawford, Karen S. Cal, S 1 1 More Brimmer, Philip A. Colorado 1 1 More Presnell, Gregory A. Fla, M 1 1 More Byron, Paul Gregory Fla, M 1 1 More Martinez, Jose E. Fla, S 1 1 More Simpson, Charles Ralph, III Ken, W 1 1 More Hicks, S. Maurice, Jr. La, W 1 1 More Russell, George Levi, III Maryland 1 1 More Whitney, Frank DeArmon N Car, W 1 1 More Laplante, Joseph Normand New Hamp 1 1 More Gwin, James S. Ohio, N 1 1 More Nugent, Donald C. Ohio, N 1 1 More Lioi, Sara Elizabeth Ohio, N 1 1 More Gibson, Kim R. Penn, W 1 1 More Lynn, Barbara M. Texas, N 1 1 More Godbey, David C. Texas, N 1 1 More Kiser, Jackson L. Virg, W 1 1 More Coughenour, John C. Wash, W 1 1 More Leighton, Ronald B. Wash, W 1 1 More Table 4. Top Ten Judges
All 23 of the "top ten" judges were in districts which were in the top ten with the largest number of filings. (Because of ties, there were a total of 23 judges in the "top ten" rankings.)
Judges Fernando M. Olguin in the Central District of California (Los Angeles), Dale A. Drozd in the Eastern District of California (Sacramento), Dana Makoto Sabraw in the Southern District of California (San Diego), Anthony Joseph Battaglia in the Southern District of California (San Diego), Karen S. Crawford in the Southern District of California (San Diego), Philip A. Brimmer in the District of Colorado, Gregory A. Presnell in the Middle District of Florida (Tampa), Paul Gregory Byron in the Middle D ranked 1st with 1 defendants in cases.
Report Generated: August 23, 2018
