United States Attorney
Northern District of Texas

1100 Commerce St., 3rd Fl.
Dallas, Texas 75242-1699

Telephone (214) 659-8600
Fax (214) 767-0978

NUCLEAR COURIER ASSIGNED TO PANTEX FACILITY
CHARGED IN 32-COUNT FEDERAL INDICTMENT

A federal grand jury in Amarillo, Texas, returned a 32-count indictment today charging Joe Allen Sizemore with wire fraud, theft of government property, and possession of unregistered firearms, announced U.S. Attorney Richard B. Roper. Sizemore is expected to surrender to federal authorities and make his initial appearance before United States Magistrate Judge Clinton E. Averitte within the next 2 weeks.

Joe Allen Sizemore, age 41, a resident of Amarillo, was employed as a Nuclear Materials Courier for the Office of Secure Transportation under the Department of Energy (DOE) and was assigned to the Pantex Plant in Amarillo. The Pantex Plant is a nuclear weapons assembly and disassembly facility owned by the DOE. Couriers are employed to safeguard and transport nuclear weapons, components, special nuclear materials, and any other mission that supports the national security of the United States. Couriers receive extensive training to carry out their functions and can use highly restricted weaponry when training and to carry out their duties. Also, couriers obtain equipment, including body armor, firearms, night scopes and other weaponry restricted to government, law enforcement and military personnel, agreeing to return any such equipment to DOE that has been provided to them in the course of their employment.

Specifically the indictment charges Sizemore with five counts of wire fraud, 26 counts of theft of government property and one count of possession of unregistered firearms. According to the indictment, beginning in July 2003 and continuing until August 2005, Sizemore devised a scheme to defraud the DOE and the suppliers of government, law enforcement and military restricted items. As part of his scheme, Sizemore would prepare purchase requests of restricted items on DOE letterhead and submitted the purchase letters to his supervisors who authorized his purchase of restricted items. After Sizemore obtained the supervisor’s signature, he’d fax the purchase orders to the companies, often using his personal credit card instead of his government-issued credit card. After he received the items, he’d then post them for sale on the Internet.

As part of the wire fraud, the indictment alleges that Sizemore sent faxes of authorized requests to purchase law enforcement/military/government only, restricted items to Wayne Weber, Heckler & Koch (H&K) in Sterling, Virginia. Sizemore well knew he was not using the items he was purchasing in the course of his business, but intended to sell the restricted items. The 26 counts of theft of government property detail the property that had come into his possession by virtue of his employment as nuclear materials courier and that he sold to others for his own personal gain. Count 32 of the indictment alleges that on October 20, 2005, the date a federal search warrant was executed at his home on Goodnight Trail, Sizemore possessed two unregistered firearms --- an M60 type 7.62mm caliber light machine gun and a Thompson M1A1 type .45 caliber sub machine gun, which are fully automatic weapons that are required by law to be registered in the National Firearms Registry.

The investigation began last year when the Federal Bureau of Investigation learned that Joe Allen Sizemore sold government property that was restricted for sale only to the military and to law enforcement. The investigation was then furthered by the Department of Energy Office of Inspector General along with the Bureau of Alcohol, Tobacco, Firarms and Explosives.

An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. Each wire fraud conviction carries a maximum statutory sentence of 20 years imprisonment and a $250,000 fine. Each theft of government property conviction carries a maximum statutory sentence of 10 years imprisonment and a $250,000 fine. The possession of unregistered firearms count carries a maximum statutory sentence of 10 years imprisonment and a $10,000 fine. Sizemore could also be ordered to pay restitution.

U.S. Attorney Roper praised the investigative efforts of the U.S. Department of Energy, Office of Inspector General - Office of Investigations, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant United States Attorney Christy L. Drake of the Amarillo, Texas, United States Attorney’s Office.

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