09-30-2003 -- Gilbert, Michael James -- Indictment -- News Release

Man Indicted In Connection with New Club Drug "Foxy Methoxy"

CAMDEN - An Absecon man was indicted today by a federal grand jury on a charge that he possessed and intended to sell 100 grams of the new "club-drug" known as "Foxy Methoxy," U.S. Attorney Christopher J. Christie announced.

This marks the first prosecution in the State of New Jersey involving "Foxy Methoxy."

Michael James Gilbert, 21, was arrested and charged by Special Agents of the Atlantic City Resident Office of the Drug Enforcement Administration on Oct. 16, 2002, as a result of information gained from a July 23 incident in Egg Harbor City. Gilbert previously made a first appearance before U.S. Magistrate Judge Joel B. Rosen, who ordered Gilbert detained pending trial.

The one-count Indictment charges Gilbert with possession with the intent to distribute 100 grams of a powdery substance containing 5-Methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT), which carries a maximum sentence of 20 years in prison and a $1 million fine.

The Indictment is available by contacting the U.S. Attorney's Office Public Affairs Office at either 856-757-5233 or 973-645-2888.

According to a criminal complaint filed on Oct. 9, 2002, Egg Harbor City Police responded to a reported assault and robbery on July 23, 2002. Upon arrival, Gilbert told law enforcement officers that he had agreed to sell approximately 100 grams of "Foxy Methoxy", also know as "Foxy" and "Di-5", to two individuals. Gilbert, according to the complaint, stated that during the transaction he was assaulted and robbed of the substance, which he claimed was not a controlled substance or analog.

The defendant then identified a shed on the property at 124 Havana Avenue, Egg Harbor City, as the location where the assault took place. The officers approached the shed to look for the individuals Gilbert described, and to locate a weapon. Inside the shed officers allegedly observed, in plain view, a digital scale with remnants of a white powdery substance, and a plastic zip-lock bag containing a white powdery substance. Gilbert then entered the shed, allegedly picked up the plastic zip-lock baggy and a small duffle bag containing books and began to exit the shed. Officers seized the bag containing the white powdery substance. A laboratory analysis indicated the substance contained 5-Methoxy-N, N-diisopropyltryptamine. The bag possessed enough of the "Foxy" powder to produce approximately 6,000 pills.

According to information available on the web page of the DEA, the abuse of hallucinogenic/stimulant substances in popular all night dance parties ("raves") and in other venues has been a problem in the United States since about the late 1990s when it spread here from Europe. The Schedule I controlled substance MDMA and its analogues, collectively known as Ecstasy, are the most popular type of drugs used at these parties. Their abuse has been associated with both acute and long-term public health and safety problems. "Raves" have also become venues for the trafficking and abuse of new substances in place of or in addition to "Ecstasy." "Foxy Methoxy" belongs to this group of substances. The drug is sold at clubs and raves, often as Ecstasy, for between $20.00 and $40.00 per pill.

At the time of Gilbert's arrest, "Foxy Methoxy" was an analog of Diethyltriptamine (DET), a Schedule I controlled substance. Its chemical structure shares similarities with Schedule I hallucinogenic /stimulates substances such as DET and MDMA. In the time period following the defendant's arrest, 5-MeO-DiPT has been added to the list of Schedule I controlled substances.

The DEA web site describes the substance as a crystalline powder with a white or off-white appearance. "Foxy Methoxy" is sold to users in tablet and capsule form. In capsules the powder is often blue, green, tan, orange, gray, pink or white. The tablets also vary in color, such as pink, red or purple, and often have a spider or alien head logo embossed on them.

According to DEA information, "Foxy Methoxy" is most commonly administered orally, although there are reports of it being smoked. The drug begins to show effects approximately 20 to 30 minutes after consumption. The drug's effects peak about one hour after ingestion, with a duration of between three and six hours. The drug produces a state of relaxation associated with emotional enhancement that includes easy outward communication, similar to that of Ecstasy. Users become talkative and uninhibited. High doses produce hallucinations with both auditory and visual distortions, and produce nausea, muscle tension and jaw clenching.

More information on "Foxy Methoxy" and other illegal drugs can be found on the DEA's web page at www.dea.gov .

Under U.S. Sentencing Guidelines, the U.S. District Judge to whom the case is assigned would, upon conviction, determine the actual sentence based upon a formula that takes into account the severity and characteristics of the offense, as well as the defendant's criminal history, if any. Parole has been abolished in the federal system. Under Sentencing Guidelines, defendants who are given custodial terms must serve nearly all that time.

An Indictment is a formal charge made by a grand jury, a body of 16 to 23 citizens. Grand jury proceedings are secret, and neither persons under investigation nor their attorneys have the right to be present.

Despite Indictment, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and federal law.

Christie credited Special Agents of the DEA Atlantic City Resident Office, under the direction of Special Agent in Charge Michael Pasterchick, Jr. of the Newark Field Division, and Mark Emmer, Public Safety Director of the Egg Harbor City Police Department, with developing the case.

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