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     JOSEPH SHEMARIA

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    Joseph Shemaria

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defenselawyers.com

PRACTICE AREAS: Criminal Defense, State and Federal, both Trial and Appellate

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Latest Legal News from the Criminal Courts of Los Angeles, California and the U.S.


July 13, 2009

SALINAS MAN PLEADS GUILTY TO SENDING FALSE DISTRESS MESSAGE

SAN JOSE, Calif. – Kurtis Thorsted pleaded guilty in federal court in San Jose on Monday to knowingly and willfully communicating a false distress message to the United States Coast Guard, United States Attorney Joseph P. Russoniello announced.

In pleading guilty, Thorsted admitted to broadcasting “Mayday Mayday” and stating that he was in a kayak off the coast of Santa Cruz, Calif., and having difficulty getting back to shore when in fact he was not in a kayak or on the water, and was in no danger.

Thorsted, 52, of Salinas, Calif., was charged by Information on March 25 with three counts of knowingly and willfully communicating a false distress message to the United States Coast Guard, in violation of 14 U.S.C. § 88(c); three counts of making a material false statement to an Agency of the United States, in violation of 18 U.S.C. §1001(a)(2); and three counts of making an unlicensed radio transmission, in violation of 18 U.S.C. §§ 301 and 501. While Thorsted pleaded guilty to one of these counts, he still faces charges for the remaining eight counts.

“This case represents superb cooperation between Coast Guard investigators and the U.S. Attorney’s office,” said Capt. Thomas Cullen, deputy commander of Coast Guard Sector San Francisco. “Unfortunately, this type of criminal behavior occurs far too often. Since we presume that every call for help is both valid and time-critical, we immediately launch our boats and aircraft to search the probable area of the distress call. My biggest fear is that someone will die because we have rescue crews searching for a false distress when they are needed for a real emergency elsewhere.”

The trial of Thorsted on the remaining eight counts is scheduled for October 19 before Judge Ronald M. Whyte in San Jose. The maximum statutory penalty for each violation of 14 U.S.C. § 88 is up to six years imprisonment and a fine of $250,000; for each violation of 18 U.S.C. § 1001(a)(2), the maximum statutory penalty is up to five years imprisonment and a fine of $250,000; and for each violation of 18 U.S.C. §§ 301 and 501, the maximum statutory penalty is up to two years imprisonment and a fine of $10,000; plus restitution if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Grant P. Fondo is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Jeanne Carstensen. The prosecution is the result of an investigation by the United States Coast Guard Investigative Service.

Further Information:

Case #: 09-00313 RMW

A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

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