Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 1 of 7 UNITED STATES DISTRICT COURT. for the. Southern District of Florida

Transcription

1 Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 1 of 7 AO 91 tlttv. 08/09) Crimina! Complaint United States ofamerica V. UNITED STATES DISTRICT COURT for the Southern District of Florida HARRY LOY ANDERSON, case xo. - m*8 F 1 L E D 1) y D. C. ALC CRIM INAL COM PLAINT sl-eves M. LARIVORE c u E R K ṯ /. t: :) 1 s T. c T. s.o. or Ft.,i.. w.i? B. 1. the complainant in this case, state that the following is true to the best of my knowledge and e le. On or about the datets) of 08/09/2015 in the county of PALM BEACH in the SOUTHERN District of FLORIDA, the defendants) violated: Code Section 21 USC Secs. 952, 960(b)(3) 21 USC Secs. 955, 960(b)(3) 18 USC Sec. 2 Offense Descrlption Importation, and Attempted Importation, of a Controlled Substance Possession of a Controled Substance on Board an Aircraft Arriving in the United States Aiding and Abetting This criminal complaint is based on these facts: PLEASE SEE ATTACHED AFFIDAVIT W Continued on the atached sheet. J /; b/ > &//, z>.se;+ Sworn to before me and signed in my presence. Date: 08/10/2015.o plainant 's.5'/gr/t://lfrc Joshua J. Woodburv, Special Aqent, HSI Printed name and title ludge 's Jjgn//ure City and state: > #! PaIm.Q> ch,-.f. Jgljda.-.. F -IPp.J.#-mG -M. Hopkàns, U.%s Magistrate Judge Printed name and title

2 Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 2 of 7 AFFIDAVIT Your aftiant, Joshua J. Woodbury, tirst being duly sworn, does hereby depose and state as folows: I am a Special Agent with the Depm ment of Homeland Security, Homeland Security lnvestigations (HSl), and have been so employed for the past eight years. Prior to HSI, l was employed as a United States Customs Inspector and Custom s and Border Protection Oftk er for seven years. l reeeived my Bachtlors of Science degree in Crim inal Justice from W estfield State Co lege in M ay of As an em ployee with the United States Treasury and Department of Hom eland Security, l have received training in, and enforce Federal Laws to include those offenses described in Title 8, Title 18, and Title 21 of the United States Code. The facts set forth in this afidavit are based in part on my personal lmowledge, infonuation obtained throughout this investigation by others, including other law enfbrcement ofticers, my review of documents and records related to this investigation, and information gained from my training and experience. 1 am familiar with the facts and circumstances of this investigation. This affidavit does not purport to contain al the infonnation known to me about this case but addresses only that infonnation necessary to support a tsnding of probable cause to charge HARRY LOY ANDERSON, 111, (ANDERSON) for Possession of a Schedule I Controled Substance On Board an Aircraft Arriving in the United States, and lmportation, and Attempted lmportation of a Schedule l Controlled Substance, to wit, Psilocybin mushrooms, in violation of Title 21, United States Code Sections, 952(a), 955, and 960(b)(3). On August 9, 2015, HARRY LOY ANDERSON, 11, a licensed pilot, entered into the United States Customs and Border Protection Private Aircraft facility at Palm Beach lnternational Airport after piloting a private aircraft to West Palm Beach, Palm Beach County,

3 Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 3 of 7 Southtrn Distriet of Florida, United States of America, from North Eluthra, Bahamas. Prior to submitting himself for inspection, ANDERSON completed, signed and submited Customs and Border Proteetion Form 60598, commonly known as a Sicustoms Declaration, ' indicating that he had nothing to declare or enter back into the United States. During questioning by a Customs and Border Protection Oftscer (CBPO), in the course of presenting him self for entry into the United States, ANDERSON was asked if a1 the luggage he presented for inspection was his, to which he answered in the affirmative. ANDERSON was also asked if he had any alcohol or tobacco which he was bringing back into the United States to which ANDERSON responded in the negative. A search of a tan in color leather bag by a CBPO revealed three packages of cigarettes located in the tan bag. Two of the packages contained cigarettes. The third package of Parliament cigarettes, however, contained a silver metalic lining containing what appeared to be Psilocybin M ushrooms (a Schedule I Controlled Substance). W hen asked about the mushrooms, the CBPO observed ANDERSON become very nervous, and state that those were not his; that he did not smoke or drink. ANDERSON aftirm ed that the tan leather bag belonged to him. ANDERSON was then asked if he was carrying the narcotics for anyone else to which he answered in the negative. A tield test of the mushroom s was positive for the presenee of a contro led substance. Shortly thereafter, Homeland Security lnvestigation (HS1) Special Agents, including your affiant, responded to the airport, advised ANDERSON of his Miranda warnings, and attempted to interview ANDERSON, at which tim e ANDERSON invoked his rights and was unwilling to talk with agents. W HEREFORE, on the basis of the foregoing, your affiant respectfuly submits that probable cause exists to charge HARRY LOY ANDERSON,111, with Possession of a

4 Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 4 of 7 Controled Substance On Board an Aircraft Aniving in the United States, and Importation, and A tempted lmportation, of a Schedule l Controlled Substalwe, to wit, Psilocybin mushrooms, in violation of Title 21, United States Code Sections, 952(a), 955, and 960(b)(3). FURTHER YOUR AFFIANT SAYETH NAUGHT. U OODBU SPECIAL AGENT HOM AND S TY INVESTIGATIONS SW ORN TO AND SUBSCRIBED BEFORE ME THIS 10 'jn DAY OF AUGUST, 2015, AT W EST PALM BEACH, FLORIDA. ON. JAMES M. HOPKIN UN ITED STATES M AGISTRATE JUDGE

5 Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 5 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NUMBER: -14-$0+ -* 4 BOND RECOM MENDATION DEFENDANT: HARRY LOY ANDERSO N, IIl $250,000 Personal Surety Bond (Colateralized) (Personal Surety) (Com orate Surety) (Cash) (Pre--rrial Detention) By: SA: JOHN. Mc ILLAN Last Known Address: W hat Facility: Agentts): HSI SA Joshua J. W oodbury (FBI) (SECRET SERVICE) (DEA) (IRS) (ICE) (O THER)

6 Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 6 of 7 UNITED STATES DISTRICT CO URT SOUTHERN DISTRICT OF FLORIDA PENALR SHEET Defendant's Name: HARRY LOY ANDERSON, 11. Case No.: tq-bqœ- : Count # 1 Im podation/attem pted lm portation of a Schedule I Contro led Substance Title 21, United States Code, Sections 952(a), 960(b)(3) Max. Penalty: 0-20 years' imprisonment', $1,000,000 fine; 3 years to life term of supemised release: and, a $ special assessment', Immigration consequence of removal (depodation from the United States) if not a U.S. Citizen. Count # 2 Possession of a Contro led Substance On Board an Aircraft Arriving in the United States Title 21, United States Code, Sections 955, 960(b)(3) Max. Penalty: 0-20 years' imprisonment', $1,000,000 fine; 3 years to Iife term of supervised release: and, a $ special assessment', Imm igration consequence of removal (depodation from the United States) if not a U.S. Citizen.

7 Case 9:15-mj JMH Document 1 Entered on FLSD Docket 08/10/2015 Page 7 of 7 UNITED STATES OF AM ERICA, VS. UNITED STATES DISTRICT CO URT SOUTHERN DISTRICT OF FLORIDA case xo. iq-s#z-o s Plaintil, HA RRY LOY ANDERSO N, 11., Defendant. I CRIM INAL COVER SHEET Did this matter originate from a m atter pending in the Nodhern Region prior to O ctober 14, 2003? United States Attorney's Yes X 2. Did this m atter originate from a m atter pending in the Central Region of the United States Attorney's O fice prior to Septem ber 1, 2007? Yes X No Respectfu ly subm itted, W ILFREDO A. FERRER I STATES ATTO RNEY BY: N C. MCMIL r - SSISTANT UNITED TES ATTO RNEY Adm in. No. A S. Australian Ave., Suite 400 W est Palm Beach, FL Office: (561) FAX: (561) John.mcm ilan@ usdoj.gov Q