Mailed Threats--Chad Conrad Castagana

High profile individuals such as Jon Stewart, Nancy Pelosi, Charles Schumer, David Letterman, and Keith Olberman have, in recent months, received threatening letters containing a white powder.^[1] On Saturday, the man who is believed to have sent the letters, Chad Conrad Castagana, was arrested in California, and he is expected to be charged today in a criminal complaint alleging that he conveyed false information and sent threats through the US Mail.^[2]

According to the FBI, Mr. Castagana was watched by FBI agents as he “walk[ed] from his home to a public mailbox Thursday, [where he] deposit[ed] several letters.”^[3] One of those letters allegedly was addressed to a previously-targeted individual, and it contained the white powder, which preliminary tests have shown was not hazardous.^[4] In addition, the more than one dozen letters—which had fake return addresses—contained “rants, such as ‘Death to Demagogues’ and references to Alan Berg, a Jewish talk-show host killed in 1984 by white supremacists in Denver.”^[5]

Under 18 U.S.C. § 1038(a), it is a crime for a person to engage in “any conduct” with intent to convey false information under circumstances where such information may reasonably be believed and where such information that an activity has taken, is taking, or will take place that would constitute a violation of certain sections of the US Code. These sections include destruction of aircraft facilities, biological weapons, chemical weapons, explosives, firearms, shipping, or terrorism. The punishment for a violation of section 1038 is a fine, imprisonment of up to 5 years, or both. If serious bodily injury results from the conveyance, the individual can be imprisoned for up to 20 years, and if death results, he can be imprisoned for any number of years up to life. There is also a civil cause of action against the individual.^[6]

Under 18 U.S.C. § 876(c), it is a crime for a person to knowingly deposit in any post office or other authorized mail depository, any communication which contains a threat to injure a person. The punishment for doing so is a fine, imprisonment for up to five years or both, unless the person happens to be a United States judge, a federal law enforcement officer, or an officer or employee of the United States or of any agency in any branch of the United States government while that person is engaged in or performing her official duties. In that situation, the mailing individual can be punished by up to 10 years in prison.

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[1] Calif. Suspect in Threats Due in Court, AP (via Yahoo!), Nov. 13, 2006. See also, Charles Ornstein, Woodland Hills Man is Held in Sending of Threats by Mail, LA Times, Nov. 13, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Ornstein, supra note 1.
[6] 18 U.S.C. § 1038(b).