Thursday, Feb. 19, 1998 | 11:04 a.m.
Text of criminal complaint as filed Thursday against Larry Wayne Harris and William Job Leavitt, Jr.:
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. MAG-98-2042-M-RLH.
UNITED STATES OF AMERICA, Plaintiff, vs. LARRY WAYNE HARRIS, WILLIAM JOB LEAVITT, Jr., Defendants.
CRIMINAL COMPLAINT
Violations: Title 18, United States Code, Section 175-Conspiracy to Possess Biological Agent for Use as a Weapon; Title 18, United States Code, Section 175-Possession of Biological Agent for Use as a Weapon: Title 18, United States Code, Section 2-Aiding and Abetting.
Before the United States Magistrate Judge, District of Nevada, the undersigned complainant, being duly sworn, states:
COUNT 1
On or about February 18, 1998, within the State and Federal District of Nevada, LARRY WAYNE HARRIS and WILLIAM JOB LEAVITT, Jr., defendants herein, knowingly conspired to possess a biological agent and toxin, to wit: anthrax and anthrax precursors, for use as a weapon, in violation of Title 18, United States Code, Section 175.
COUNT 2
On or about February 18, 1998, within the State and Federal District of Nevada, LARRY WAYNE HARRIS, and WILLIAM JOB LEAVITT, Jr., defendants herein, knowingly possessed a biological agent and toxin, to wit: anthrax and anthrax precursors, for use as a weapon, in violation of Title 18, United States Code, Section 175 and Section 2.
As and for probable cause, complaint states as follows:
1. I am a Special Agent of the Federal Bureau of Investigation, and am assigned investigate cases of domestic terrorism.
2. On February 18, 1998, a citizen-informant (hereafter "the source") telephoned the offices of the Federal Bureau of Investigation in Las Vegas, Nevada, and stated that he was a research scientist who had been contacted by Larry Wayne Harris and William Leavitt, who wanted to use the source's equipment to test vials of Bacillus anthracis. According to the source, Harris and Levitt had the anthrax in the trunk of a Mercedes-Benz automobile. Harris and Levitt made arrangements to meet the source later on February 18, 1998, for the source to conduct the tests. The source agreed to cooperate with the FBI in the investigation of possible possession of biological warfare agents.
3. I have been informed and believe that anthrax is a virulent and deadly disease, spread to humans, among other methods, by airborne spores, and that inhalation of the spores is almost always fatal to an unvaccinated and untreated person. I have further been informed and believe that there are no valid commercial or industrial uses for anthrax bacteria, and that its most common use is as a bacteriological warfare agent.
4. The FBI investigated the background of the source and found that he is, indeed, a research scientist, specializing in cancer research. The source has two felony convictions for conspiracy to commit extortion in 1981 and 1982. The source is not a confidential informant, in that he is "working off" any criminal charge, nor is he a known criminal being paid for information. It appears that his providing information to the FBI was done simply as a citizen performing his civic duty.
5. FBI investigation determined that Larry Wayne Harris, a resident of Ohio, is currently on probation after a 1995 felony conviction for wire fraud in fraudulently obtaining bubonic plague toxins. At his arrest in 1995, Harris was in possession of three vials of bubonic plague toxins, which he had in the glove compartment of his car. In the summer of 1997, Harris told a group of plans to place a "globe" of bubonic plague toxins in a New York subway station, where it would be broken by a passing subway train, causing hundreds of thousands of deaths. Harris stated that the Iraqis would be blamed for that event. Harris is, in fact, a licensed clinical and public health microbiologist, operating his own company in Lancaster, Ohio.
6. Harris is a self-admitted member of the Aryan Nations, and claims to have the rank of Lieutenant-Colonel. Harris had stated that the New York subway attack would ruin the economy and take the military by surprise.
7. Leavitt reportedly owns a microbiological laboratory in Logandale, Nevada, and one in Frankfurt, Germany. Leavitt has no criminal record.
8. The source was debriefed in the afternoon of February 18, 1998, and stated that he had met Harris at a science convention in Denver, Colorado, in August, 1997. The source has only known Leavitt for six weeks. The source joined Harris and Leavitt in a project to test a device which is supposed to electronically deactivate viruses and bacteria.
9. The source stated that he met with Leavitt at approximately noon on February 18, 1998, and that Leavitt stated that he had "military grade" anthrax in flight bags in the trunk of his Mercedes-Benz automobile. That automobile, which is described in paragraph 3, above, is registered to a Gary M. Gerwin, of Palm Springs, California.
10. The source explained that he had originally been contacted some time ago to test E. coli and Bacillus subtilis bacteria, and had then been told on approximately February 17, 1998, that Harris and Leavitt had other organisms to test as well. These organisms turned out to be Bacillus licheniformis, Bacillus Anthracis, and the above-mentioned military-grade anthrax to test as well. The source stated that only a Biolevel III laboratory should have those toxins. The source stated that Harris and Leavitt did not want him to test the organisms, but wanted to buy the source's equipment, for which they would pay $2,000,000 and another $18,000,000 later so that they might test the organisms. The source could not be present during testing.
11. The source stated that at his noon meeting with Leavitt, the source saw eight to ten black leather flight-bag type bags in the trunk of the Mercedes-Benz. The bags had felt-tip markings stating "Biological." At approximately 3:15 p.m. on February 18, 1998, Leavitt telephoned the source and set a meeting for 7:00 p.m. at a local restaurant, at which time the source was to deliver his testing equipment to Harris and Leavitt. This call was monitored by FBI agents. Leavitt stated that he had military grade anthrax in a vial.
12. At approximately 6:30 p.m. on February 18, 1996, FBI agents observed Leavitt and Harris leave Room 921 of the Gold Coast Hotel and Casino. Leavitt was carrying a white styrofoam cooler, which he placed into the Mercedes-Benz automobile. Leavitt and Harris were accompanied by a third, unidentified, man. At about 6:45 p.m., Leavitt and Harris left the hotel in the Mercedes-Benz; the unidentified man left in another automobile.
13. At about 7:06 p.m., Leavitt and Harris arrived at the restaurant where they had arranged to meet the source. As Leavitt and Harris were about to enter the restaurant, the source arrived in his vehicle, and a conversation took place outside the restaurant. Leavitt and Harris indicated that they wanted to do the testing as quickly as possible.
14. FBI agents then observed Leavitt and Harris drive to the office complex at 2501 Green Valley Parkway, Henderson, Nevada. Agents momentarily lost sight of Leavitt and Harris in the complex. Agents then observed a person (who could not be identified because of the distance and darkness) carrying a white cooler towards the Building "D." When agents arrived at Building "D," they placed Leavitt and Harris under arrest when they left the office. Agents could see the cooler inside the office through the window.
15. FBI agents entered the office with the consent of the owner/occupant and recovered the cooler and 40 petrie dishes from a shelf near the cooler. The source had informed agents that he had seen Leavitt carry the cooler into the office, and then take two items out of the cooler; the source saw the latter from outside, through the office window..
16. The unidentified man seen with Leavitt and Harris at the Gold Coast Hotel was subsequently identified and interviewed. That man stated that he had been with Leavitt and Harris at the Gold Coast Hotel. Harris had showed him what appeared to be a vial, which was wrapped in cardboard, and stated that it contained anthrax. Harris held the vial in his hand and further stated that there was enough there to "wipe out the city."
17. Because of the extreme hazard posed by the materials involved, the testing process is necessarily careful and slow. The Mercedes-Benz automobile has been sealed and transported to a safe area. FBI technical experts have stated that, based upon their training and experience, some of the materials recovered from the office appears to be anthrax or anthrax precursors. Some of the material recovered is of nature such that its containers can only safely be opened under controlled laboratory conditions.
John H. Hawken, Special Agent
Federal Bureau of Investigation
Subscribed and sworn to before me, this 19th day of February, 1998.
ROGER L. HUNT
UNITED STATES MAGISTRATE JUDGE
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