Man Indicted for Chemical Weapons Offenses

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the indictment of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged in three counts with violations of the chemical weapon statute (counts one and two), which prohibits individuals from possessing, stockpiling, or using a toxic chemical as a weapon; and with a violation of the consumer product tampering statute (count three).

The indictment alleges that in December 10, 2010 and December 23, 2010, Kimber received medical care at the Albany Medical Center and that on January 24, 2011, he wrote to complain about having to pay for his treatment. It further alleges that on February 22, 2011, the Albany Medical Center Associate Medical Director wrote back to explain why the bills were appropriate and discussed the outcome associated with the defendant having provided inaccurate information about his injury and his decision not to complete the care proscribed by his treating physician.

The indictment alleges that on March 2, 2012, Kimber spread mercury, a known toxic substance, throughout various areas of the Albany Medical Center cafeteria, including in and around food served to customers, and on and around heating elements use in food preparation. It further describes three previous instances, March 28, 2011, April 11, 2011, June 23, 2011, where mercury was spread around the hospital on days when New York State toll records establish the defendant traveled from his home in Ruby, New York and exited at the get-off for the Albany Medical Center. The indictment alleges that on March 2, 2012, Kimber’s activities were captured on hospital video surveillance cameras in the Albany Medical Center cafeteria—where mercury was subsequently found—including on food consumed by at least one patron. Canisters of mercury were subsequently found by law enforcement officers in Kimber’s home and car. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room. An emergency chemical response team at the Albany Medical Center responded promptly to the mercury contamination on each occasion and removed it from the premises.

The defendant was arrested on April 25, 2012 and is in jail, being held in pretrial detention. On March 2, 2012, following a detention hearing, United States Magistrate Judge Andrew T. Baxter determined that Kimber poses a serious danger to the community and that no combination of release conditions could be established to permit him to be released without continuing to pose a danger to the community.

A complaint filed in support of an arrest warrant was unsealed on April 26, 2012. It alleged that a search warrant was executed at Kimber’s house and automobile. Besides the seizure of two canisters of mercury, the complaint further alleged that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (The Turner Diaries) was observed during the search, which states on the cover page, “This book contains racist propagnda” and “The FBI said it was the blueprint for the Oklahoma City bombing. Searching officers further observed a Nazi swastika on a wall of Kimber’s home.

The two chemical weapons counts each contain a maximum possible term of life in jail and a fine of $250,000 or twice the gross loss to any victim. The consumer product tampering charge contains a maximum possible penalty of 10 years in jail and a fine of $250,000 or twice the gross loss to any victim.

Mercury is a known hazardous substance that has been very well-studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss, and somatosensory change. Mercury is readily absorbed through unbroken skin, by intestinal absorption after ingestion, and by inhalation of vapors. It accumulates in the body and can cause damage to internal organs including kidneys.

The allegations in the Indictment and criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the Towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorney Craig Benedict. Questions may be directed to AUSA Benedict at 315-448-0672.

Mayo Clinic Radiology Tech Pleads Guilty to Spreading Hepatitis C

JACKSONVILLE, FL—United States Attorney Robert E. O’Neill announces today that Steven Beumel (48, Jacksonville) pleaded guilty to one count of tampering with a consumer product resulting in death, four counts of tampering with a consumer product resulting in serious bodily injury, and five counts of stealing Fentanyl by deception. Beumel faces a maximum penalty of life in federal prison. He was arrested by FBI agents on May 24, 2011 and has remained in custody since his arrest. A sentencing date has not been yet scheduled.

According to court documents, Beumel was a radiology technician at Memorial Hospital from May 1992 through October 2004. He worked as a radiology technician at the Mayo Clinic in Jacksonville from October 2004 through August 2010. Beumel admitted, in court, that he stole syringes of Fentanyl during patients’ procedures and replaced them with syringes of saline contaminated with hepatitis C. Beumel’s tampering occurred from 2006 through 2008 at the Mayo Clinic’s intervetonal radiology unit.

Epidemiologists from the Mayo Clinic, Florida Department of Health, and the Centers for Disease Control (CDC) worked for more than three years to solve the hepatitis C outbreak at the Mayo Clinic. It was eventually linked to Beumel. The Mayo Clinic immediately fired Buemel and reported his actions to law enforcement. The clinic tested thousands of patients who were potentially put at risk by Beumel’s actions. Two patients from that testing effort were linked to Beumel.

The first patient discovered to have hepatitis C linked to Beumel was a liver transplant patient who received a new liver in September 2006. During a radiology procedure in November 2006, Beumel took this patient’s Fentanyl and infected him with hepatitis C. The patient battled hepatitis C for almost four years. He died from complications related to hepatitis C, never knowing how he got it.

This case was investigated by the Federal Bureau of Investigation, the Food and Drug Administration, the Florida Department of Financial Services, and the Jacksonville Sheriff’s Office’s Homicide Unit. It is being prosecuted by Assistant United States Attorney Frank Talbot.

Garland Man Sentenced to 36 Months in Federal Prison for Possessing More Than $300,000 in Stolen Amoxicillin That was in Transit to Walgreens

DALLAS—Abdel Qader Saleh, of Garland, Texas, was sentenced yesterday afternoon by U.S. District Judge Sam A. Lindsay to 36 months in federal prison and ordered to pay more than $48,000 in restitution following his guilty plea in June 2011 to one count of possessing goods stolen from an interstate shipment, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Judge Lindsay ordered that Saleh, 38, surrender to the Bureau of Prisons on May 29, 2012.

According to documents filed in the case, in February 2010, Saleh possessed 28 cardboard boxes containing 8,746 bottles of amoxicillin, a prescription antibiotic drug, which had been stolen from an interstate cargo shipment in the Dallas area. The shipment had originated at a warehouse in Alsip, Illinois and was intended to be delivered to the Walgreens warehouse in Waxahachie, Texas. The stolen amoxicillin was discovered in a self-storage warehouse on W. Northwest Highway in Dallas by an employee of the storage center. The discovery was reported to federal law enforcement agents who obtained a search warrant and seized the stolen drugs.

The case was investigated by the FBI and the U.S. Food and Drug Administration. Assistant U.S. Attorneys J. Mark Penley and Jason D. Schall were in charge of the prosecution.