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Press Release

San Jose Man Sentenced To 18 Months In Prison For Mailing Letters Attacking Victims’ Sexual Orientation, Race, And Religion

For Immediate Release
U.S. Attorney's Office, Northern District of California

SAN JOSE - Robert Gary Toltzis was sentenced to 18 months in prison for mailing hateful threats to victims because of their sexual orientation, race, and religion, announced U.S. Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.   The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge.

Toltzis, 56, of San Jose, pleaded guilty to one count of mailing threatening communications.  At the time of his plea, Toltzis admitted to executing a scheme to issue a series threats of death, bodily injury, injury to reputation, and other forms of harassment to at least sixteen different victims.  Toltzis sent the threats using anonymous remailers, his own e-mail address, and the U.S. mail and chose his victims based on his belief of their sexual orientation, national origin, and ethnic background.  Toltzis acknowledged that he further harmed his victims by mailing copies of the threats to the victims’ friends and family.

Toltzis admitted he knew that some of the victims he targeted had severe mental health conditions whom he knew to be vulnerable to his hateful threats.  In addition, Toltzis admitted that on one occasion, he mailed a letter to a victim at his home urging the victim to kill himself and claiming that the victim was a drug addict, bad husband, and a homosexual.  Toltzis also admitted he delivered threats to victims who were particularly vulnerable because they had not publicly communicated their sexual orientation to their family, friends, or community.

On November 12, 2014, a federal grand jury indicted Toltzis, charging him with four counts of mailing threatening communications, in violation of 18 U.S.C. § 876(c).  He pleaded guilty to one count and the remaining three were dismissed. 

In addition to the prison term, Judge Davila ordered Toltzis to pay a $10,000 fine and serve a three-year term of supervised release.  Judge Davila scheduled an additional hearing for March 11, 2019, to determine the amount of compensation Toltzis will be ordered to pay his victims.

Assistant U.S. Attorney Patrick R. Delahunty is prosecuting the case with the assistance of Susan Kreider.  The prosecution is the result of an investigation by the FBI. 

Updated December 14, 2018