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Steve Kurtz of CAE and Geneticist Robert Ferrell Indicted for Fraud
According to Dan Herbeck, reporter for the Buffalo News, the grand jury in Buffalo, New York today returned minor indictments against Steve Kurtz of the Critical Art Ensemble and Robert Ferrell, Head of the Genetics Dept. at the University of
Pittsburgh School of Public Health.
The two professors are being indicted for "mail fraud"
and "wire fraud" under Title 18 United States Code sections 1341 and 1343,
2 counts each (4 total). Ferrell is alleged to have ordered $256
worth of bacteria (Serratia marcescens and Bacillus globigii) — $126
each, about 1 gram each — and to have given them to Kurtz for his work.
The new case is called United States of
America vs. Steven Kurtz and Robert Ferrell. Paul Cambria, Jr., defense attorney for Kurtz, says the government is "basically claiming that Steve and Ferrell defrauded the
laboratory by buying materials through Ferrell and giving them to Steve,
and defrauded the University of Pittsburgh. The simple response to these
charges is that they clearly acted with no criminal intent — the intent was
to educate and enlighten. If the University of Pittsburgh feels there was
a contract breach, then their remedy is to sue for the $256."
The current charges are said to be a pale reflection of the "bioterrorism" or "health and safety" charges in the original warrants or subpoenas. Cambria characterized them, tongue in
cheek, as "federal petty larceny charges."
The FBI was unable to issue an
arrest warrant for such small charges. No bail will be required.
CAE supporters were relieved, but had mixed responses. "This is still a case of intimidation and harrassment," said one. "The FBI
is pissed at having gone to such lengths and having found absolutely
nothing besides a $256 technicality that won't even stick. They're pissed
about how they have been made to look like total idiots in the press for
pushing ahead with this, when everyone can see there's nothing there. And
they're probably pissed about CAE's writings, which I remember someone
speculating they paid someone to read very carefully."
According to Dan Herbeck, reporter for the Buffalo News, the grand jury in Buffalo, New York today returned minor indictments against Steve Kurtz of the Critical Art Ensemble and Robert Ferrell, Head of the Genetics Dept. at the University of
Pittsburgh School of Public Health.
The two professors are being indicted for "mail fraud"
and "wire fraud" under Title 18 United States Code sections 1341 and 1343,
2 counts each (4 total). Ferrell is alleged to have ordered $256
worth of bacteria (Serratia marcescens and Bacillus globigii) — $126
each, about 1 gram each — and to have given them to Kurtz for his work.
The new case is called United States of
America vs. Steven Kurtz and Robert Ferrell. Paul Cambria, Jr., defense attorney for Kurtz, says the government is "basically claiming that Steve and Ferrell defrauded the
laboratory by buying materials through Ferrell and giving them to Steve,
and defrauded the University of Pittsburgh. The simple response to these
charges is that they clearly acted with no criminal intent — the intent was
to educate and enlighten. If the University of Pittsburgh feels there was
a contract breach, then their remedy is to sue for the $256."
The current charges are said to be a pale reflection of the "bioterrorism" or "health and safety" charges in the original warrants or subpoenas. Cambria characterized them, tongue in
cheek, as "federal petty larceny charges."
The FBI was unable to issue an
arrest warrant for such small charges. No bail will be required.
CAE supporters were relieved, but had mixed responses. "This is still a case of intimidation and harrassment," said one. "The FBI
is pissed at having gone to such lengths and having found absolutely
nothing besides a $256 technicality that won't even stick. They're pissed
about how they have been made to look like total idiots in the press for
pushing ahead with this, when everyone can see there's nothing there. And
they're probably pissed about CAE's writings, which I remember someone
speculating they paid someone to read very carefully."