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US V. Alfred Sheppard

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					CRIMINAL COMPLAINT                                                       C&W No. 01-401
                                                                          DISTRICT

    United States District Court                                          Eastern District of Pennsylvania

             UNITED STATES OF AMERICA                                     DOCKET NO.
                        v.
                 ALFRED SHEPPARD
                                                                          MAGISTRATE'S CASE NO.




                                  Complaint for violation of Title 18, United States Code § 876

 NAME OF JUDGE OR MAGISTRATE                                              OFFICIAL TITLE                          LOCATION


 Honorable CAROL SANDRA MOORE WELLS                                       US Magistrate Judge                     Philadelphia, PA
 DATE OF OFFENSE                        PLACE OF OFFENSE                  ADDRESS OF ACCUSED (if known)
                                                                          REDACTED
 October 12, 2001                       Philadelphia, PA                  Philadelphia, PA
 COMPLAINANT'S STATEMENT OF FACTS CONSTITUTING THE OFFENSE OR VIOLATION:


 On or about October 12, 2001, at Philadelphia, in the Eastern District of Pennsylvania, defendant
 ALFRED SHEPPARD, knowingly deposited in an authorized depository for mail matter, to be sent
 and delivered by the Postal Service, and caused to placed in a depository for mail matter, with the
 Postal Service, a communication addressed to another person, containing a threat to injure the
 person of the addressee or another person, in that defendant ALFRED SHEPPARD deposited at
 the United States Post Office at Logan Station, 6150 North Broad Street, Philadelphia,
 Pennsylvania, an envelope addressed to an individual in Sommerset, Pennsylvania, on which the defendant
 had written the words “ATTN ANTRAX INSIDE, CUATION,” in violation of 18 U.S.C. 876.




 BASIS OF COMPLAINANT'S CHARGE AGAINST THE ACCUSED:


                                                  SEE AFFIDAVIT ATTACHED HERETO.

 MATERIAL WITNESSES IN RELATION AGAINST THE ACCUSED:
                                                              See Attached Affidavit

                                                                          SIGNATURE OF COMPLAINANT (official title)

          Being duly sworn, I declare that the foregoing
          is true and correct to the best of my                           ANTHONY FENU
          knowledge.
                                                                          OFFICIAL TITLE
                                                                          U.S. Postal; Inspector
                                                                          U.S. Postal Inspection Service
          Sworn to before me and subscribed in my presence.

 SIGNATURE OF MAGISTRATE (1)                                                                                      DATE


 Honorable CAROL SANDRA .M. WELLS, US Magistrate Judge                                                            October 22, 2001
1) See Federal Fules of Criminal Procedure rules 3 and 54.
       442 (Rev 12/85) Warrant for Arrest C & W No. 98-125




                            UNITED STATES DISTRICT COURT
                                                 EASTERN DISTRICT OF PENNSYLVANIA

                  UNITED STATES OF AMERICA
                                                                                 WARRANT FOR ARREST
                          ALFRED SHEPPARD

                                                                        CASE NUMBER:
To:      The United States Marshal and any Authorized
         United States Officer
             YOU ARE HEREBY COMMANDED to arrest                      ALFRED SHEPPARD

and bring him or her forthwith to the nearest magistrate judge to answer a(n)
Indictment    9 Information 9 Complaint 9 Order of court 9 Violation notice 9 Probation violation petition
charging him or her with (brief description of offense)

On or about October 12, 2001, at Philadelphia, in the Eastern District of Pennsylvania, defendant
ALFRED SHEPPARD, knowingly deposited in an authorized depository for mail matter, to be sent
and delivered by the Postal Service, and caused to placed in a depository for mail matter, with the
Postal Service, a communication addressed to another person, containing a threat to injure the
person of the addressee or another person, in that defendant ALFRED SHEPPARD deposited at
the United States Post Office at Logan Station, 6150 North Broad Street, Philadelphia,
Pennsylvania, an envelope addressed to an individual in Sommerset, Pennsylvania, on which the defendant had writte
the words “ATTN ANTRAX INSIDE, CUATION,”


In violation of Title 18, United States Code, Section(s) 876.



Honorable CAROL S.M. WELLS                                              United States Magistrate Judge
Name of Issuing Officer                                                 Title of Issuing Officer

                                                                        Tuesday, October 23, 2001
Signature of Issuing Officer                                            Date and Location




      Bail fixed at $                                           by
                                                                                      Name of Judicial Officer

                                                               RETURN
This warrant was received and executed with the arrest of the above-named defendant at



DATE RECEIVED                 NAME AND TITLE OF ARRESTING OFFICER              SIGNATURE OF ARRESTING OFFICER
                              Anthony Fenu, U.S. Postal Inspector
DATE OF ARREST                U.S. Postal Inspection Service
                        IN THE UNITED STATES DISTRICT COURT

                    FOR THE EASTERN DISTRICT OF PENNSYLVANIA



UNITED STATES OF AMERICA                         :

               v.                                :    MAGISTRATE NO.

CERTAIN PERSONS                                  :

                                             ORDER

       AND NOW, this            day of October, upon consideration of the Government's Motion

to Impound the Complaint and Warrant, and accompanying docket papers, and after balancing

the public right of access to pre-indictment court documents with the government's interest in

protecting the secrecy of ongoing investigations, it is hereby

                                         ORDERED

that the within Complaint and Warrant and accompanying docket papers are impounded.

       It is further ORDERED that upon execution of the warrant, the Complaint and Warrant

shall be unimpounded.

                                      BY THE COURT:




                                      HONORABLE CAROL SANDRA MOORE WELLS
                                      United States Magistrate Judge
                        IN THE UNITED STATES DISTRICT COURT

                    FOR THE EASTERN DISTRICT OF PENNSYLVANIA



UNITED STATES OF AMERICA                         :

               v.                                :    MAGISTRATE NO.

CERTAIN PERSONS                                  :

                MOTION TO IMPOUND COMPLAINT AND WARRANT

               The United States of America, by and through its attorneys, Patrick L. Meehan,

United States Attorney in and for the Eastern District of Pennsylvania, and Robert K. Reed,

Assistant United States Attorney for the District, and in support of its Motion states as follows:

              1.       The within Complaint and Warrant, and accompanying docket papers, are

documents which, if made public would jeopardize the government's interest in protecting the

secrecy of ongoing investigations.

              2.       Although the public has a common law right of access to judicial

proceedings and papers, matters regarding to ongoing investigations are traditionally conducted

ex parte and in camera, with deference to the government's determination that investigative

matters should be sealed.
              3.      Accordingly, balancing the public's right of access to pre-indictment

judicial documents with the government's interest in protecting the secrecy of ongoing

investigations, the government respectfully requests that the government's Motion be

GRANTED. It is further requested that the Complaint and Warrant be unimpounded upon the

execution of the warrant.



                                                    Respectfully submitted,

                                                    PATRICK L. MEEHAN
                                                    United States Attorney



                                                    ROBERT K. REED
                                                    Assistant United States Attorney
                              AFFIDAVIT



     I, Anthony Fenu, being duly sworn, deposes and says as

follows:

           1.   I am a United States Postal Inspector with the

United States Postal Inspection Service and have been so employed

for more than 12 years.    I am currently assigned to the United

States Postal Inspection Service in Philadelphia, Pennsylvania.

           2.   This affidavit is based on my investigation and the

evidence provided to me by other law enforcement officials.

Based on the following evidence, I respectfully request that a

complaint and warrant be issued for the arrest of ALFRED SHEPPARD

charging him with mailing a threatening communication, in

violation of 18 U.S.C. § 876.

           3.    On or about October 12, 2001, at approximately

2:15 p.m., United States Postal Service Inspectors were notified

of a suspicious mailing possibly involving anthrax made at Logan

Station, 6150 North Broad Street in Philadelphia, Pennsylvania

earlier the same day.    Post Office management also advised they

had called 911, and were awaiting the arrival of Philadelphia

Police, Fire Rescue and Hazardous Materials (Haz-Mat)

specialists.

           4.   As a result of the calls from the Logan Station

Post Office, Philadelphia Police Detectives and Postal Inspectors

went to the Logan Station Post Office and obtained the following
information:



          a.     A Postal window clerk stated that at approximately

1:45 p.m., a postal customer, later identified as ALFRED

SHEPPARD, purchased a padded envelope with priority postage and

two postal money orders (numbered 03668197015 for $50 and

03668197026 for $70) totaling $120.    SHEPPARD told the clerk that

he was going to write "Anthrax enclosed" on the envelope.      The

clerk responded that this was something that SHEPPARD should not

joke about.    SHEPPARD then walked away.

                 b.   SHEPPARD subsequently wrote the words "ATTN

ANTHAX ENCLOSED, CUATION" on the front of the padded envelope and

handed the envelope to a Postal Clerk working at the counter

inside the Logan Station Post Office.

                 c.    At approximately 2:15 p.m., the same clerk

who waited on SHEPPARD observed the padded envelope in the

outgoing mail, and noticed the words "ATTN ANTHAX ENCLOSED,

CUATION" on the front of the envelope.      The clerk immediately

notified Postal management who called 911 and Postal Inspectors.

                 d.    After receiving the padded envelope, Postal

Inspectors observed that the return address was as follows:

"Alfred R. Sheppard, Phila., POB 82585 Phila, PA 19101."

          5.   Because of concerns that the envelope could

contain anthrax or other harmful biological agents, the

Philadelphia Fire Department was contacted and Philadelphia Haz-

                                   2
Mat officials responded to the Logan Station Post Office, 6150

North Broad Street, Philadelphia, Pennsylvania.    Haz-Mat

specialists determined that no hazardous items were contained in

the padded envelope, and turned the contents over to Postal

Inspectors for further investigation.    Inside the envelope was a

$50 Postal money order (number 03668197015), a Forbes magazine, a

Philadelphia News Observer newspaper, and a handwritten letter.

            6.   On or about October 19, 2001, Philadelphia

Police Detective William Knecht contacted ALFRED SHEPPARD by

telephone.    SHEPPARD admitted being the individual who mailed the

padded envelope containing the words "ATTN ANTHAX ENCLOSED,

CUATION."    SHEPPARD further admitted mailing the letter and

writing the words about anthrax.

            7.   At approximately 8:30 p.m., on or about October

19, 2001, ALFRED SHEPPARD turned himself in and was interviewed

by Detective Knecht.    After being advised of his Miranda rights

SHEPPARD again admitted writing and mailing the words "ATTN

ANTHAX ENCLOSED, CUATION" inside the Logan Station Post Office on

the padded envelope and handing the envelope to a Postal clerk

for mailing to his cousin, who was in jail.    SHEPPARD also signed

a written statement.




                                   3
          WHEREFORE, based on the foregoing, I submit that there

is probable cause to issue a complaint and warrant charging

ALFRED SHEPPARD with mailing a threatening communication, in

violation of 18 U.S.C. § 876.




                                 _______________________________
                                 ANTHONY FENU
                                 Postal Inspector
                                 U. S. Postal Inspection Service




Sworn and subscribed

before me on this      day

of October, 2001




HON. CAROL SANDRA MOORE WELLS
United States Magistrate Judge




                                   4

				
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