Special Forces Soldier Accused Importing Stolen Weapons; David Neal Kellerman

David Neal Kellerman, a U.S. Army Special Forces soldier, was indicted on 13 counts accusing him of illegally storing weapons and explosives and of attempting to import stolen arms into the United States from Afghanistan.^[1] He was originally indicted in December by a federal grand jury on seven counts related to a cache of weapons, ammunition and explosives discovered on his boat in Fort Lauderdale and in storage facilities in Deerfield Beach and Dania Beach.^[2] A grand jury on Tuesday, January 16, added six additional counts accusing Kellerman of attempting to import firearms and explosives into the U.S. from Afghanistan.^[3] Kellerman was first taken into military custody on Aug. 22 in Afghanistan after investigators found 32.5 pounds of C4 explosives, 11 grenades and other high-powered weapons, some of the weapons were disassembled and hidden in ordinary items among his belongings when he returned to base.^[4]

Kellerman’s attorney asserts that the items found on his client were part of his ordinary ''combat load,” and the items found on Kellerman's boat and in his storage facilities were merely ''battlefield souvenirs……being kept as keepsakes.''^[5] Kellerman pleaded not guilty in December to the initial seven counts and appeared in federal court Thursday, January 18th for arraignment on the additional counts,^[6] where he re-entered a not guilty plea.^[7]

Kellerman has been charged with, among other things, conspiracy to defraud the United States, which is a federal crime, criminalized by 18 U.S.C. § 371. It is a crime for two or more people to conspire to do either of the following: 1) commit any offense against the United States, or 2) defraud the United States. An additional requirement of conspiracy is that one or more of the conspirators must complete some overt act in furtherance of the object of the conspiracy. The maximum penalty Kellerman could receive for commission of this crime is imprisonment of up to 5 years, a fine of up to $250,000, and three years supervised release.

Concealing stolen firearms and ammunition is the crime of engaging in the business of importing, manufacturing, or dealing in firearms, or in the course of such business, to ship, transport, or receive any firearm in interstate or foreign commerce.^[8] The maximum penalty Kellerman could receive for commission of this crime is imprisonment of up to 10 years, a fine of up to $250,000, and three years supervised release.

Attempting to import firearms into the United States is the crime of knowingly importing or bringing into the United States any firearm or ammunition, or knowingly receiving any illegally entered firearm or ammunition.^[9]

Possession of a firearm without a serial number is the crime of receiving or possessing a firearm which is not registered to the possessor, in the National Firearms Registration and Transfer Record.[10] The maximum penalty Kellerman could receive for commission of this crime is imprisonment of up to 10 years, a fine of up to $250,000, and three years supervised release.

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^[1] Special Forces Soldier Accused Of Stealing Army Weapons, AP (via NBC6 South Florida), January 18, 2007.
^[2] Id.
^[3] Id.
^[4] Vanessa Blum, Special Forces reservist indicted on weapons-smuggling charges, South Florida Sun-Sentinel, January 17, 2007.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] 18 U.S.C. § 922 (j)
^[9] 18 U.S.C. § 922 (l)
^[10] 26 U.S.C. § 5861(d,i)