Prosecutions for October 2017

Referring Agency: Social Security Administration

Number Latest Month 22
Percent Change from previous month -50.0
Percent Change from 1 year ago -3.6
Percent Change from 5 years ago
(Including Magistrate Court)
Percent Change from 5 years ago
(Excluding Magistrate Court)
Table 1. Criminal Prosecutions

The latest available data from the Justice Department show that during October 2017 the government reported 22 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 50 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 2017 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was down (-3.6%). 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 19.9 percent from levels reported in 2012.

Bar and line plot of FYMON

Figure 1. Monthly Trends in Prosecutions

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 October 2017 was for "Fraud-Federal Program", accounting for 50 percent of prosecutions. Prosecutions were also filed for "Fraud-Other" (13.6%), "Theft-Government Property" (13.6%), "Withheld by Govt from TRAC (FOIA challen" (13.6%), "Fraud-Federal Procurement" (4.5%), "Other-Regulatory Offenses" (4.5%). 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 2017, 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 involving "&mg_pos1_uscdescription.". This was the lead charge for percent of all magistrate filings in October.

Prosecutions in U.S. District Courts

In October 2017, 21 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during October 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 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 2017 referred by the Social Security Administration.

Lead Charge Count Rank  
18 USC 641 - Public money, property or records 14 1 More
18 USC 1001 - Fraud/false statements or entries generally 2 2 More
42 USC 1320a-8b - Attempts to interfere with administration of Social 2 2 More
18 USC 666 - Theft or bribery in programs receiving Fed funds 1 4 More
18 USC 1343 - Fraud by wire, radio, or television 1 4 More
18 USC 1542 - False statement in application and use of passport 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 were the lead charges "Fraud/false statements or entries generally" under Title 18 U.S.C Section 1001 and "8b - Attempts to interfere with administration of Social" under Title 42 U.S.C Section ..

Top Ranked Judicial Districts

In October 2017 the Justice Department said the government brought 8.5 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  
Mo, E 5 1 More
Ohio, S 3 2 More
Fla, S 2 3 More
Arizona 1 4 More
Ark, W 1 4 More
Cal, S 1 4 More
Colorado 1 4 More
Ind, N 1 4 More
La, W 1 4 More
Mass 1 4 More
N Mexico 1 4 More
Nevada 1 4 More
Penn, W 1 4 More
S Car 1 4 More
Virg, E 1 4 More
Wash, W 1 4 More
Table 3. Top 10 Districts

  • The Eastern District of Missouri (St. Louis) — with 5 prosecutions — was the most active during October 2017.

  • The Southern District of Ohio (Cincinnati) ranked 2nd.

  • Southern District of Florida (Miami) 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 2017 are shown in Table 4.

Judge Count Rank  
Noce, David D. Mo, E 2 1 More
Campbell, David G. Arizona 1 2 More
Sammartino, Janis Lynn Cal, S 1 2 More
Jackson, Richard Brooke Colorado 1 2 More
Cohn, James I. Fla, S 1 2 More
Bloom, Beth Francine Fla, S 1 2 More
Miller, Robert Lowell, Jr. Ind, N 1 2 More
Kay, Kathleen La, W 1 2 More
Baker, Nannette A. Mo, E 1 2 More
Mensah, Shirley P. Mo, E 1 2 More
Cohen, Patricia L. Mo, E 1 2 More
Mahan, James C. Nevada 1 2 More
Dlott, Susan J. Ohio, S 1 2 More
Sargus, Edmund A., Jr. Ohio, S 1 2 More
Watson, Michael H. Ohio, S 1 2 More
Gibson, Kim R. Penn, W 1 2 More
Hudson, Henry E. Virg, E 1 2 More
Leighton, Ronald B. Wash, W 1 2 More
Table 4. Top Ten Judges

All 18 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 18 judges in the "top ten" rankings.)

  • Judge David D. Noce in the Eastern District of Missouri (St. Louis) ranked 1st with 2 defendants in cases.

  • Judges David G. Campbell in the District of Arizona, Janis Lynn Sammartino in the Southern District of California (San Diego), Richard Brooke Jackson in the District of Colorado, James I. Cohn in the Southern District of Florida (Miami), Beth Francine Bloom in the Southern District of Florida (Miami), Robert Lowell Miller, Jr. in the Northern District of Indiana (South Bend), Kathleen Kay in the Western District of Louisiana (Shreveport), Nannette A. Baker in the Eastern District of Missouri (St. Louis ranked 2nd with 1 defendants in cases.

Report Generated: November 28, 2017
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