False Statements and Hoax—Gilbert Romero

Anyone who has been to the airport has seen the signs that say something to the effect that making jokes about possessing a bomb is a federal offense. Those signs are no joke.

Gilbert Romero, a man who has a lengthy criminal history, has been indicted in Chicago for spinning “an elaborate and false story to the FBI about a planned terrorism attack on the headquarters of a U.S. company.”^[1] According to Mr. Romero, the attack would be carried out by an individual who plotted to recruit other terrorists to use an enormous fertilizer and fuel bomb, and that any intervention against the plot would be met with violence.^[2] The plot would be funded by the proceeds of a pending medical malpractice lawsuit or by “holding currency exchange and jewelry store owners hostage to extort ransom money from their families.”^[3]

Mr. Romero has been charged under 18 U.S.C. § 1038(a)—false information and hoaxes—and 18 U.S.C. § 1001(a)(2)—false statements.

Section 1038 is a new law, passed in 2004. It states that it is a crime for a person to engage in any conduct with intent to convey false or misleading information that is reasonably credible and that would indicate a violation of, among other offenses, chapter 113B of the US Code (Terrorism). The punishment for doing so is a fine, imprisonment for up to five years, or both.

Section 1001(a)(2) is similar, except it makes it a crime for a person to make any materially false, fictitious, or fraudulent statement or representation in any matter within the jurisdiction of the Executive branch. The punishment for such a violation is likewise, a fine, imprisonment for up to five years, or both.

In the event that Mr. Romero pleads guilty or is convicted, his criminal history could be an enormous factor in his sentencing. Chapter 4 of the US Sentencing Guidelines contains the enhancements for criminal history. Note that State felony convictions are counted against the defendant,^[4] but foreign conventions are not, except for considering the adequacy of the Criminal History Category.^[5] For every prior sentence the defendant receives that exceeds one year, the defendant receives 3 points added to his criminal history category.^[6] 2 points are added for each period of imprisonment that exceeded 60 days.^[7] If the defendant committed the offense while on parole, probation, supervised release, or similar circumstances, 2 points are added to the criminal history category.^[8] If, after all is said and done, the criminal history category does not adequately represent “the seriousness of the defendant’s criminal history” an upward departure may be warranted.^[9]

The implications of an enhanced criminal history are stark. If the defendant has an offense level of, say, 18 he can be sentenced to 27-33 months in prison. However, if he has 3 prior 1-year prison sentences, his criminal category goes from I to IV, which means that he can be sentenced to 41-51 months in prison, a difference of 14 to 18 months.

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[1] Rudolph Bush, Convict Indicted in Terrorism Plot That’s Called Hoax, Chicago Tribune, Jan. 27, 2005.
[2] Id.
[3] United States v. Romero, No. 1:06-cr-00060, Indictment 5 (N.D. Ill. 2005).
[4] U.S. Sentencing Guidelines § 4A1.2(o).
[5] Id. § 4A1.2(h).
[6] Id. § 4A1.1(a).
[7] Id. § 4A1.1(b).
[8] Id. § 4A1.1(d).
[9] Id. § 4A1.3(a)(1).