Terrorist Hoax-Wisconsin

Jake J. Brahm , a Wisconsin man arrested last fall in connection with prank Internet warnings of terrorist attacks against NFL stadiums was indicted Wednesday in New Jersey on a federal charge of conveying false information.^[1] He posted threats to detonate ''dirty bombs'' at seven stadiums that had NFL games on Oct. 22. ^[2]

The indictment said Brahm admitted posting the threat about 40 times on a Web site between September and Oct. 18. ^[3] He surrendered to federal authorities and appeared in court in Milwaukee on Oct. 20 and remains free on bond. ^[4]

One of the threats, dated Oct. 12, appeared on the Web site ''The Friend Society”, said that trucks would deliver radiological bombs to stadiums in Miami, Atlanta, Seattle, Houston, Cleveland, Oakland, Calif., and the New York City area, and that Osama bin Laden would claim responsibility. ^[5]

Authorities said his actions wasted homeland security efforts and likened them to the ''Internet version of yelling fire in a crowded theater.'' ^[6]

Brahm's lawyer, Walter A. Lesnevich, said the incident was ''greatly blown out of proportion and this was a stupid mistake by a kid that nobody took seriously.'' ^[7] The 22-year-old Brahm will plead not guilty, his lawyer said. ^[8]

Brahm could face up to five years in prison and a $250,000 fine if convicted on the single charge, conveying false information about an attack by a ''radiological dispersal device'' which is a national security crime created by the Intelligence Reform and Terrorism Prevention Act of 2004 (Act). ^[9]

Subtitle H of the Act, “Stop Terrorist and Military Hoaxes Act of 2004,” and 18 U.S.C § 1038 describes the illegal conduct Brahm is charged with. “Intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place.” In general, the criminal penalties are for any person who violates, or attempts or conspires to violate, subsection (a) shall be fined and shall sentenced to a term of imprisonment not more than 5 years.^[10] Brahm also faces civil action where he could be liable for reimbursement of the costs of the investigation. ^[11]

The charge is part of the Patriot Act and does not appear to have ever been examined by any federal court, Lesnevich said.^[12] He noted that the statute requires that the information at issue must ''reasonably have been believed'' to be criminal. ^[13]

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[1] Jeffrey Gold, Wauwatosa, 22-Year Old Indicted in Bomb Threats, Associated Press via TwinCity.com Pioneer Press, March 2, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] 18 U.S.C § 1038(a)(1)(A)(2004).
[11] Id. 1038 (b)(c)(1).
[12] Gold, supra note 1.
[13] Id.