Edward And Elaine Brown Convicted
Concord, New Hampshire — Acting United States Attorney Michael J. Gunnison and United States Marshal Stephen Monier announced that a federal jury convicted Edward Brown and Elaine Brown of Plainfield, NH on the following obstruction and weapons-related charges following a 7-day trial:
- conspiracy to prevent by force, intimidation or threats officers of the United States from discharging their duties in carrying out the arrests of Edward Brown and Elaine Brown (Count One);
- conspiracy to forcibly resist and impede federal law enforcement officers in the discharge of their duties in carrying out the arrests of Edward Brown and Elaine Brown by means including the use of dangerous and deadly weapons (Count Two);
- carrying and possessing firearms and destructive devices in connection with and in furtherance of crimes of violence (Counts Three, Four);
- possession of firearms after having been convicted of a felony (Counts Five, Six);
- obstruction of justice (Counts Seven, Eight);
- failure to appear for trial (Count Nine - Edward Brown only);
- failure to appear for sentencing in April 2007 following their convictions on tax and other charges in U.S. District Court in January 2007 (Counts Ten, Eleven).
U.S. District Judge George Z. Singal scheduled a sentencing hearing for September 3, 2009. On January 21, 2009, a federal grand jury indicted Edward and Elaine Brown on multiple obstruction and weapons-related charges. The indictment alleged criminal conduct which began in January 2007 during the Browns’ federal criminal trial on tax and other financial charges. The indictment detailed how the Browns obstructed justice, conspired to forcibly resist arrest, and possessed firearms and destructive devices at their heavily-fortified compound in Plainfield, NH until an undercover team of Deputy U.S. Marshals arrested them at their home on October 4, 2007.
The evidence at trial included testimony of officials including the United States Marshal and Deputy United States Marshals who participated in the effort to take Edward and Elaine Brown into custody after Edward Brown failed to appear for his January 2007 trial, and after both Edward and Elaine Brown violated their bail conditions and failed to appear in Court for their sentencing hearings on April 24, 2007. The Browns were each sentenced in absentia on that date to 63 months in prison on the financial charges.
During the during the Summer and Fall of 2007, the Browns remained at their Plainfield compound, where they received supporters, issued militant and threatening statements, and stockpiled weapons and explosives until their October arrest. As detailed at trial, these included pipe bombs, improvised explosive devices made of gun powder cans with nails and screws taped to the outside, and a large assortment of handguns and rifles, including extremely powerful .50 caliber rifles.
Some of the Browns’ supporters were also charged with weapons offenses and other charges relating to the standoff at the Plainfield compound. Jason Gerhard of Brookhaven, New York and Daniel Riley of Cohoes New York were convicted of charges including using and possessing a firearm and a destructive device in connection with a crime of violence. Gerhard was sentenced to a prison term of 20 years, and Riley to a prison term of 36 years. Additionally, Cirino Gonzalez of Alice, Texas was convicted of conspiring to forcibly interfere with the U.S. Marshals Service’s efforts to arrest the Browns, and was sentenced to 8 years in prison.
Each of the charges on which the Browns were convicted today carry the following maximum penalties: Count One – 6 years; Count Two – 8 years; Counts Three and Four – life [mandatory 30 years minimum]; Counts Five and Six – 10 years; Counts Seven and Eight – 10 years; Count Nine - 5 years; Counts Ten and Eleven – 5 years.
Commenting on the verdict, Acting U.S. Attorney Michael J. Gunnison stated: “Today’s verdict affirms that no one is above the law. By rejecting the rule of law, and substituting a personal code involving weapons, explosives and threats, the defendants committed increasingly serious crimes. Their conduct has no place in a civil society, and the jury’s verdict brings the prosecution to an appropriate end. I would like to commend the trial team on a job well done, and thank all of the federal, state and local law enforcement officials who met each challenge during the investigation with patience and professionalism, and without incident.”
United States Marshal Stephen Monier said, “The United States Marshals Service is pleased with today’s verdict. Significant resources were dedicated to bringing a peaceful end to a serious — and potentially explosive — stand-off with Ed and Elaine Brown and their co-conspirators. We are grateful that no law enforcement officer, member of the public, or the Browns were harmed. I am proud of the brave members of the undercover team who took the Browns into custody, our leadership team, Deputy U.S. Marshals, and the many federal, state, and local law enforcement officers who assisted us during this difficult operation.”
“On behalf of the men and women of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Boston Field Division, I would like to congratulate the U.S. Attorney’s Office on today’s verdict,” stated Special Agent In Charge Glenn Anderson. “Reducing violent crime and protecting the public are part of ATF’s mission. We will continue to work alongside our law enforcement partners to do just that. I am proud of the contributions ATF made in this investigation and I would like to thank the other law enforcement agencies for all their hard work.”
This case was investigated by the United States Marshals Service with substantial assistance from the Bureau of Alcohol, Tobacco Firearms and Explosives, the Internal Revenue Service, the New Hampshire State Police, the Plainfield, NH Police Department, Lebanon, NH Police Department, and the Sullivan County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorneys Arnold H. Huftalen and Terry Ollila.
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