9 November 2004 – LAWFUEL – Criminal Law, Law, Legal, Attorney news – Marcos Daniel Jiménez, United States Attorney for the Southern District of Florida; Michael Clemens, Special Agent in Charge, Federal Bureau of Investigation; and Richard Stiff, Warden, Federal Detention Center – Miami, announced today that a federal grand jury sitting in Miami, Florida, returned a twelve (12) count Indictment charging defendant, Kenneth R. West, a United States national, with threatening the use of a weapon of mass destruction, namely, anthrax, in violation of Title 18, United States Code, Section 2332a(b), and with mailing threatening communications, in violation of Title 18, United States Code, Section 876(c).
During July 2002, West, as alleged in the Indictment, mailed letters from Miami threatening the use of anthrax to authorities in the United Kingdom, including the Metropolitan Police at New Scotland Yard, the Foreign and Commonwealth Office, and others. Count 1 of the Indictment charges that West, on July 22, 2002, threatened the use of anthrax in a communication addressed to the “Consul Division, Foreign & Commonwealth Divisonal (sic) Office” in London, in violation of Title 18, United States Code, Sections 2332a(b) and 2. This communication also is the basis for count 7, which charges West with mailing a communication containing a threat to injure persons, in violation of Title 18, United States Code, Sections 876(c) and 2.
Count 2 charges that West, on July 24, 2002, threatened the use of anthrax in a communication addressed to the “Metropolitan Police, Office of the Commissioner, New Scotland Yard” in London, in violation of Title 18, United States Code, Sections 2332a(b) and 2. This communication also is the basis for count 8, which charges West with mailing a communication containing a threat to injure persons, in violation of Title 18, United States Code, Sections 876(c) and 2.
Count 3 charges that West, on July 24, 2002, threatened the use of anthrax in a communication addressed to the “British Foreign Commonwealth Office, Consular Division, Consular Desk Officer” in London, in violation of Title 18, United States Code, Sections 2332a(b) and 2. This communication also is the basis for count 9, which charges West with mailing a communication containing a threat to injure persons, in violation of Title 18, United States Code, Sections 876(c) and 2.
Count 4 charges that West, on July 24, 2002, threatened the use of anthrax in a communication addressed to the “Metropolitan Police, Office of the Commissioner, New Scotland Yard” in London, in violation of Title 18, United States Code, Sections 2332a(b) and 2. This communication also is the basis for count 10, which charges West with mailing a communication containing a threat to injure persons, in violation of Title 18, United States Code, Sections 876(c) and 2.
Count 5 charges that West, on July 29, 2002, threatened the use of anthrax in a communication addressed to “Prisoners Abroad Legal Service for British Nationals, I.A. – Executive Director” in London, in violation of Title 18, United States Code, Sections 2332a(b) and 2. This communication also is the basis for count 11, which charges West with mailing a communication containing a threat to injure persons, in violation of Title 18, United States Code, Sections 876(c) and 2.
Count 6 charges that West, on July 29, 2002, threatened the use of anthrax in a communication addressed to “Foreign & Commonwealth Office, Consular Division, Consular Desk Officer” in London, in violation of Title 18, United States Code, Sections 2332a(b) and 2. This communication also is the basis for count 12, which charges West with mailing a communication containing a threat to injure persons, in violation of Title 18, United States Code, Sections 876(c) and 2.
If convicted on the Section 2332a(b) counts, West faces a maximum statutory term of life imprisonment per count. If convicted on the Section 876(c) counts, West faces a maximum statutory term of imprisonment of five (5) years per count. West, if convicted, faces fines of up to $250,000 per count.
Mr. Jiménez commended the investigative efforts of the Federal Bureau of Investigation, as well as the Federal Bureau of Prisons. This case is being prosecuted by Assistant United States Attorneys John C. Schlesinger and William C. White.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls
