IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA :

v. : CRIMINAL NO. 11-373

TERRY RICHARD CALANDRA :

GOVERNMENT’S GUILTY PLEA MEMORANDUM

I. INTRODUCTION

Defendant Terry Richard Calandra is charged by information with one count of making false statements, in violation of Title 18, United States Code, Section 1001.

II. ESSENTIAL ELEMENTS OF THE OFFENSE

Count One

Title 18, United States Code, Section 1001(a) (false statements), reads in pertinent part:

(a) Except as otherwise provided in this section whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully —

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years[]. . . .

III. MAXIMUM STATUTORY PENALTIES

Count One

The maximum penalty for a violation of Title 18, United States Code,

Section 1001(a) (false statements) is five-years imprisonment, a $250,000 fine, up to three years of supervised release, and a $100 special assessment.

IV. PLEA AGREEMENT

A copy of the plea agreement is attached as Exhibit “A.”

V. FACTUAL BASIS FOR THE PLEA

TERRY RICHARD CALANDRA served in the with

Company D, 4th Battalion, 39th Infantry, 9th Infantry Division, in in or about January

1969, to in or about July 1969.

On April 25, 2008, CALANDRA contacted then U.S. Senator Arlen Specter’s office in Allentown, Pennsylvania, for the purpose of enlisting Senator Specter’s assistance in upgrading his Medal, which was fraudulently obtained by CALANDRA, to the

Congressional Medal of Honor. Following his correspondence with Senator Specter’s office, in which he attached a copy of the fraudulent Silver Star order, among other documents, Senator Specter contacted the Chief of Legislative Liaison for the Department of the Army on May 19, 2008, and May 27, 2008, asking the Army to look into the matter.

2 Shortly thereafter, the Military Awards Branch, U.S. Army Human Resources

Command, requested supporting statements from John G. Hayes (USA-Ret) and

Colonel LeRoy W. Dyment, Jr. (USA-Ret) in order to begin the process of determining

whether CALANDRA was eligible to receive the Congressional Medal of Honor. Colonel

Hayes was the Commander of the 1st Brigade, 9th Infantry Division, to which CALANDRA

was assigned during his service in Vietnam, and Colonel Dyment was the Assistant Chief

of Staff, G-1, Headquarters, 9th Infantry Division.

Upon receiving the Military Awards Branch’s correspondence, Colonels

Hayes and Dyment wrote and signed a joint letter dated October 25, 2008, to Lieutenant

Colonel Marion A. Salters, who worked in the Military Awards Branch, in which they

questioned the authenticity of certain supporting documents submitted with Form 638

recommending CALANDRA for the Congressional Medal of Honor. Some of the

documents purporting to support CALANDRA for the Congressional Medal of Honor

included letters from former Army veterans who served in the 9th Infantry Division with

CALANDRA in Vietnam between January 1969 and July 1969.

The Army responded by initiating an investigation into the allegations of fraud

committed by CALANDRA. In reviewing CALANDRA’s military records, a number of

discrepancies were detected which called into question the authenticity of the official

documents provided by CALANDRA. After its review, the Army referred the matter to the

Federal Bureau of Investigation for possible violations of the Stolen Valor Act.

3 b. The FBI’s Interview of RICHARD POLAK

On January 28, 2009, FBI Special Agent Adam D. Aichele was contacted by

telephone by RICHARD POLAK, who resides in North Carolina. POLAK told Agent

Aichele that he had information related to an ongoing FBI investigation involving TERRY

CALANDRA that he wished to provide to the FBI. POLAK said that he served in the United

States Army during the . Specifically, POLAK stated that he arrived in Vietnam

on March 6, 1969, and was assigned to D Company, 4th Battalion, 39th Infantry, 9th Infantry

Division, approximately one week later, and that while in Vietnam, CALANDRA was

assigned as a Radio/Telegraph Officer (RTO) in D Company's, Headquarters Platoon.

POLAK noted that he and CALANDRA did not become friends until they were being

processed out of Vietnam. POLAK recalled that he and CALANDRA were temporarily quartered on a ship in the Me Kong River prior to leaving and that during this time they became friends. POLAK added that it was not until he and CALANDRA reconnected at a

Band of Brothers reunion that they became great friends. Since that time, POLAK stated

that he regularly sees and speaks with CALANDRA and that he most recently saw

CALANDRA over dinner during the 2008 Christmas holiday season. POLAK described his

relationship with CALANDRA as being close personal friends.

POLAK opined that he feels that CALANDRA’s fraudulent acquisition of

various awards and commendations is a symptom of his Post Traumatic Stress Disorder

and that he knows many veterans who suffer from PTSD whose symptoms range in nature

from alcoholism and drug use, to marriage and family issues.

4 During the interview, POLAK said he is familiar with a letter bearing his

signature and printed name, dated March 3, 1997, that documents the meritorious actions

of CALANDRA on March 23, 1969, and that the letter contained the notary seal of the

notary he had previously used on various occasions from New Jersey. POLAK told Agent

Aichele that while this letter contains his signature, he never signed such a letter, nor had

he ever been presented such a letter to sign. POLAK said that he recently spoke to

CALANDRA about the letter and CALANDRA asked POLAK, "how can you explain your signature?" To which POLAK replied, "I can't." POLAK stated that after he made that comment he let it hang in the air and waited for CALANDRA to respond, but CALANDRA had nothing additional to offer. POLAK told Agent Aichele that it is impossible that he could or would have signed this letter.

In regards to the content of the letter, POLAK said that he was never in a position to work with CALANDRA while in Vietnam and, therefore, he would never have witnessed any actions in which CALANDRA participated in.

POLAK recalled that when he first received a copy of this letter, he was angry that his name was attached to it and that he had been used. POLAK further recalled that that a friend of his named JAMES SILVA received the same letter containing the exact same contents as the one described above, but bearing the name and signature of SILVA.

POLAK believes that SILVA does not know how SILVA's name ended up on this letter.

c. Analysis of U.S. Army General Order Awarding Silver Star Medal

A detailed analysis by Kathleen Miller Lafleur, of the U.S. Army’s Military

Awards Branch, was performed on the General Order submitted by CALANDRA stating that

he was awarded the Silver Star Medal. This analysis revealed very specific and numerous

5 flaws in the document, which CALANDRA provided to the Army Board for Correction of

Military Records for the purpose of upgrading the medal to the Congressional Medal of

Honor, and which conclusively established that the document is fraudulent.

d. The FBI’s Interview of JUSTIN POREMBO

On March 25, 2009, JUSTIN POREMBO, Assistant to then Senator Arlen

Spector, spoke with the FBI and said that he has been involved in TERRY CALANDRA’s

request to have his Silver Star Medal upgraded to a Congressional Medal of Honor and that

CALANDRA requested the help of Senator Spector in this matter. POREMBO’s

involvement, on behalf of Senator Spector, was only to act as a conduit between

CALANDRA and the United States Army in regards to CALANDRA’s requests for official

records pertaining to CALANDRA. POREMBO stated that he has not shown CALANDRA

signs of support nor has he discredited CALANDRA’s case, but only acted as a liaison for

CALANDRA, as CALANDRA is one of Senator Spector’s constituents. POREMBO stated

that he has met CALANDRA on several occasions during meetings regarding

CALANDRA’s case. POREMBO stated that he has never received any electronic

communications from CALANDRA, to include, email. POREMBO stated that the primary

advocate for CALANDRA is an individual named BOB FARO. POREMBO stated that he

has had numerous contacts with FARO through email and the telephone.

POREMBO provided Agent Aichele with CALANDRA’s business card.

POREMBO stated that CALANDRA presented it to him. This card contains the contact

information for CALANDRA as well as on the back a pictorial listing of the awards that

CALANDRA claims to have received during the time he spent in the United States Army.

e. The FBI’s Interview of DELLA PEDERSEN

6 On October 16 , 2009, DELLA PEDERSEN, a Notary Specialist with State of

Montana, was interviewed telephonically by Agent Aichele. PEDERSEN told Agent Aichele

that she is aware of a letter, dated March 3, 1997, written on “Lehigh Valley Chapter No.7

Disabled American Veterans,” letterhead, which was notarized in Whitefish, Montana that

pertains to TERRY CALANDRA and was written by Lt. Col. DAVID HACKWORTH. During

the interview, PEDERSEN referred to this letter and said that she had a copy of it.

PEDERSEN advised the agent that the notary at the bottom of the letter is not valid and a forgery and that the letter and notary was initially brought to her attention by LARRY

TAHLER. TAHLER was upset and advised PEDERSEN that the letter was fraudulently written and wanted to make a complaint with her regarding the fraudulent notary.

PEDERSEN said that following TAHLER’s call, she pulled the State of Montana notaries with the commission number 02/14/2001, the commission number from the letter.

PEDERSEN said that there were four notaries in Montana with this commission number and that none of the four notary signatures matched the signature on the letter in question.

Further, PEDERSEN said that the State of Montana has no notary who works at the

Whitefish Credit Union. Finally, PEDERSEN advised that the format of the notary on the

letter does not follow the appropriate format guidelines as prescribed by the State of

Montana.

7 f. The FBI’s FIRST Interview of TERRY CALANDRA

On October 20 , 2009 , TERRY CALANDRA was interviewed by FBI Special

Agents Adam D. Aichele and Edward P. Ryan, Jr. Also present for the interview was

CALANDRA’s civil attorney, GARY C. ALGEIER, Esquire, from ALGEIER, WOODRUFF,

P.C., located at 60 Washington Street, Morristown, New Jersey, 07960.

CALANDRA enlisted in the United States Army and began basic training on

June 29, 1968. CALANDRA spent seven weeks at Fort Bragg, North Carolina and completed basic training and was designated as a rifleman as his Military Occupational

Specialty. While at Fort Bragg, CALANDRA applied for Airborne school, but was ultimately rejected because his feet were flat and he was deemed unable to complete landings.

Following his training at Fort Bragg, CALANDRA was stationed at Fort Ord, where he spent 10 weeks in Advanced Individual Training (AIT) . After completion of AIT,

CALANDRA was deployed to the Republic of Vietnam.

CALANDRA arrived in in early January 1969 and was rotated out on July 30, 1969. CALANDRA was rotated out early under President Richard Nixon's downsizing of US troops in Vietnam. CALANDRA was also profiled for disability which aided in his early rotation back out of Vietnam. CALANDRA told the agents that he had been wounded several times and that due to complications with the healing of those wounds as well as being emaciated (he went from 175 pounds to 115 pounds), he was rotated home early.

CALANDRA said he was wounded for the first time on February 25, 1969.

According to CALANDRA, he was walking point and activated a booby trap, which

8 exploded and sent shrapnel into his left shoulder. For this wound, CALANDRA was awarded a Medal.

CALANDRA was wounded a second time on March 15, 1969. CALANDRA told the agents that he was on patrol near the machine gunner and assistant machine gunner. The assistant machine gunner activated a booby trap, a toe popper placed on top of an unexploded 105 mm shell. CALANDRA suffered shrapnel wounds to his hand, arm, and buttocks. The explosion left a large crater in the ground, and CALANDRA was hit and pushed forward. At the time of the explosion, CALANDRA was carrying a PR-25 radio, which was hit by a piece of shrapnel. CALANDRA said that if he had not had the radio on, he would have been killed. After recovering from his wounds, he was released and went back to active duty.

On March 23, 1969, CALANDRA was again wounded for the third time when he covered a grenade that had been thrown into his Company's Command Post.

CALANDRA told the agents that he saw the grenade and immediately grabbed it and pushed it to the grenade pit, which he had dug with his trench knife. CALANDRA said that just as he got the grenade into the pit, it detonated and his body muffled the explosion.

CALANDRA suffered extensive shrapnel wounds over much of his body due to the explosion. Following the explosion from the grenade, CALANDRA heard Sgt. YARGER requesting medical attention. YARGER had been wounded while fighting. CALANDRA then moved out to where YARGER was and dragged him back into the command area where he was treated by the medic. CALANDRA believes that he was given the Silver Star

Medal for covering the grenade, and the Army Commendation Medal with “V” Device for pulling YARGER to safety.

9 CALANDRA said that he was evacuated to a medical facility where he was

awarded the Silver Star by an Army general while he was in a hospital bed recovering.

CALANDRA told the agents that the general pinned the Silver Star and associated Purple

Heart to his pillow. CALANDRA recalled the general telling another officer who was present that CALANDRA’s actions should be investigated for "the big one." CALANDRA admits to being in a morphine induced state of mind, but believes that the general was referring to the Congressional Medal of Honor. CALANDRA said that there is no photo which exists that shows him being awarded the Silver Star and associated Purple Heart; however, CALANDRA did identify a photo of himself posing with a Silver Star Medal, which he said was taken in June 1969. CALANDRA claims that he was officially awarded the

Silver Star and Purple Heart Medals by General HOLLIS in late June or early July 1969, and that this ceremony took place in Dong Tam, South Vietnam.

CALANDRA told the agents that DAN EVANS, ED CLARK, and DAVID

HACKWORTH (deceased) all are upset with him and dislike him. HACKWORTH was upset with CALANDRA because one of the awards that CALANDRA claimed to have earned was not listed on his DD-214. HACKWORTH believed that if CALANDRA had legitimately earned this award it would have shown up on the DD-214. CLARK was irritated because he was asked to sign an account of the activity justifying CALANDRA’s receipt of the Congressional Medal of Honor. CLARK would not sign this account, because he did not witness the event. CALANDRA was shown a letter signed by HACKWORTH and asked to verify its authenticity. CALANDRA advised that he was familiar with the letter and that it was in fact authentic and not a fraudulent or forged document. CALANDRA stated that he has the original document at home. CALANDRA identified a photograph of himself

10 wearing a black jacket and hat which had attached various awards and decorations that he

was awarded. CALANDRA identified himself wearing the Distinguished Service Cross

award as well as Airborne Jump Wings. CALANDRA said that he wears the wings in honor

of his father who served during World War II with the United States Army’s 82nd Airborne

Division.

CALANDRA was shown a copy of a business card and identified the card as

belonging to him. CALANDRA was shown the back of the card and asked to identify

several patches, decorations and emblems. CALANDRA identified the MAC-V patch, the

9th Infantry patch, a picture of jump wings, a picture of the Combat Infantryman's Badge,

and the placard of awards known to be associated with CALANDRA and his service.

CALANDRA was asked by agents why there was a picture of jump wings, as he was not

Airborne qualified, and he told them that the wings were to honor his father and that the

image filled out the business card. CALANDRA was shown a DD-638 form, which had

been signed by CHARLES HUNTSMAN, recommending CALANDRA for the Congressional

Medal of Honor.

CALANDRA said that he was not sure who filled out the form, but believes that it was completed by the Disabled American Veterans (DAV). CALANDRA believes that

EUGENE HEISELMEYER (phonetic) (deceased), DAV, found an unfinished original

DD-638 and took it upon himself to complete and forward to the Army. CALANDRA was

not sure why HEISELMEYER’s name did not appear anywhere on the DD-638.

CALANDRA stated that he is attempting to upgrade his Silver Star Medal to the

Congressional Medal of Honor because there is more information readily available to

support his case about the incident on March 23, 1969. CALANDRA said that there really

11 is no supporting documentation or information regarding the incident that occurred, which resulted in his Distinguished Service Cross Medal.

g. The FBI’s SECOND Interview of TERRY CALANDRA

On October 23, 2009, TERRY CALANDRA voluntarily interviewed with FBI

Special Agents Adam D. Aichele and Alan R. Jones. Also present for the interview were

CALANDRA’s civil attorney, GARY C. ALGEIER and his criminal attorney, ROBERT

WOODRUFF, of ALGEIER, WOODRUFF, P.C.

During this interview, CALANDRA said that after being wounded a second time in Vietnam he was out drinking with an unidentified clerk and that the two discussed how CALANDRA deserved better medals than what he received for his service. At that time, CALANDRA had received two Purple Heart Medals, “a couple of ARCOMM’s” (Army

Commendation Medals), and a . Two days following this conversation, the clerk approached CALANDRA with a box, which contained the Silver Star Medal, and gave CALANDRA the award. CALANDRA placed the Silver Star in his footlocker and left it there until approximately June 1969. At that time, several new troops had joined

CALANDRA’s unit and CALANDRA asked one of them to take his photograph with the

Silver Star so that he could send it home to his parents. CALANDRA asked one of the new troops to take the picture because they would not have questioned how and when he got the award.

CALANDRA was rotated out of South Vietnam after only 7 months in country.

CALANDRA was rotated out early due to wounds he received, which was not healing properly. Typically, soldiers were rotated out after 10 months or so, but because of his wounds CALANDRA was rotated early. CALANDRA was rotated to Hawaii and lived in the

12 Schofield Army Barracks. CALANDRA also spent time in Trooper Army Hospital in Hawaii

to receive treatment for his wounds. Upon arriving in Hawaii, CALANDRA was required to

wear his khaki uniform instead of his battle uniform. In light of this, CALANDRA also had to wear the awards he had received in Vietnam on his uniform. At one point, CALANDRA

went to the printing office on base and had his name engraved into the back of his Silver

Star Medal, which the unidentified clerk had given him. After having his name engraved on the medal, CALANDRA placed the associated ribbon on his uniform and wore it when he marched in parades. CALANDRA was never questioned about the legitimacy of his

Silver Star Medal.

CALANDRA was released from the U.S. Army in June 1970 and returned to

his home. As CALANDRA left the gates of Travis Air Force Base, on his way to a bus

which would transport him to the San Francisco/Oakland Airport and then to New Jersey,

CALANDRA was met with Vietnam War protestors who hit him with eggs and verbally

assaulted him for being a soldier and fighting in Vietnam. Upon arriving home, CALANDRA witnessed a variety of anti-war protests and became disenchanted with what the United

States had become. CALANDRA described a candle light vigil at Lafayette College in

Easton, Pennsylvania, which was held in to honor the casualties which resulted from the

United States’ bombings of North Vietnam. CALANDRA said that there were no American flags flying at the college, only North Vietnamese flags. This angered CALANDRA so much that he threw all of his medals and awards into the trash at his parent's house because he felt that they were not worth anything. Later, CALANDRA’s father removed the awards from the trash and hung them up on a wall inside of his home. CALANDRA moved out of his parent's home when he was 21 and that following his return from Vietnam he regularly

13 frequented bars where he would talk with others about the war and that he "got some

medals" while he was there, but nothing more. At some point, CALANDRA decided that

he needed to bolster his Silver Star Medal story and that he needed to back up the medal

he possessed with a General Order authorizing it.

CALANDRA told the agents that he used the General Orders that he had

received for other awards as a template for the General Order that he created for the Silver

Star Medal. CALANDRA concocted the story associated with his award of the Silver Star and included it on the General Order. To complete the General Order, CALANDRA photocopied the signature from another one of his awards, thus imprinting onto the fraudulent Silver Star Medal order and essentially legitimizing the order.

CALANDRA admitted that the actions and story associated with his Silver

Star Medal are fictitious and that he was actually not in the battle, which occurred on March

23, 1969. CALANDRA stated that he arrived to the battle site early on the morning of

March 23, 1969, with Colonel DAVID HACKWORTH, that he heard about the battle from his unit, and that he knew enough about combat to make up the story. CALANDRA told the agents that the Purple Heart, which was awarded to him in conjunction with the Silver

Star Medal, is also fraudulent because since he did not earn the Silver Star and was not at the battle, there is no way he could have been awarded the Purple Heart for combat action on March 23, 1969.

CALANDRA told the agents that in approximately 1998, JOE HEMS, Service

Officer with the Military Order of the Purple Hearts (MOPH), National Office, sent

CALANDRA, at the time a Chaplin with the same organization based in Glen Gardener,

New Jersey, a letter which contained the membership request and application of an

14 individual named MARTY MILES who was attempting to join the MOPH. Also contained in this packet were MILES' military records, DD-214, and General Orders authorizing awards, which MILES had received for his service. MILES had legitimately earned a

Distinguished Service Cross on March 25, 1969, and the associated documentation was included in the packet. CALANDRA said that he was to review the MILES' packet and allow his membership into the organization, specifically CALANDRA’s chapter in Glen

Gardener, New Jersey. CALANDRA recalled that the drive for MILES to CALANDRA’s chapter was too far and that CALANDRA returned MILES’ membership application and packet and forwarded him to the MOPH chapter in Morristown, New Jersey.

Prior to CALANDRA giving MILES back his packet, CALANDRA copied

MILES' General Order and Certificate authorizing the Distinguished Service Cross. Later,

CALANDRA concocted a story and drafted his own General Order authorizing him to be awarded the Distinguished Service Cross. CALANDRA also used MILES' certificate to create his own certificate awarding him the Distinguished Service Cross. CALANDRA also used his own typewriter to fabricate the award and then purchased the full size medal from the "Honors" military magazine.

CALANDRA told the agents that he fabricated this story because he liked how it felt to be a hero, that it boosted his ego, and was an addiction. CALANDRA liked how people treated him and talked to him when they found out what awards he had and he enjoyed telling his story. CALANDRA also said that over the years any number of people have come to his side and voiced an opinion that his Silver Star Medal should be upgraded to the Congressional Medal of Honor. Specifically, in 1998, LOUIS SPINELLI, Department

Commander, MOPH, Department of New Jersey, sent a letter to then Vice-President

15 ALBERT GORE requesting an upgrade on behalf of CALANDRA. LEON FUERTH,

National Security Advisor to the Vice President, replied to this letter and advised SPINELLI

that CALANDRA’s award would not be upgraded because it did not meet the requirements for an upgrade.

CALANDRA told the agents that at some point he was speaking at an engagement coordinate by MORRIS METTS, President, Battle of the Bulge World War II

Veterans and that CALANDRA told his fictitious stories about the battles and actions, which awarded him the Silver Star and Distinguished Service Cross. Following his presentation,

CALANDRA was approached by BOB FARO, who subsequently became CALANDRA’s

number one advocate, and that after FARO heard his story, FARO began to push for

CALANDRA’s Silver Star Medal to be upgraded to the Congressional Medal of Honor.

CALANDRA said that after beginning a relationship with FARO in 2003, he

sent copies of all of his awards, to include the Silver Star Medal, Distinguished Service

Cross, and the Purple Heart Medals associated with each, to the Military Awards Branch

(MAB) in order to have his records changed to reflect these awards. CALANDRA said that

his awards were changed by MAB and that he was authorized the Silver Star Medal, the

Distinguished Service Cross, and two associated Purple Hearts. CALANDRA further

advised that the Airborne Jump Wings, which he has worn on his jacket and which are embossed on his business card, are in fact not to honor his father, but to further embellish

his story and that he never earned them or was ever Airborne qualified.

After CALANDRA returned from Vietnam, he feared nothing. After being wounded and in combat and coming home alive, CALANDRA thought that he could beat anything and that he had nothing to worry about. As such, CALANDRA never worried

16 about whether or not the General Orders he fabricated were ever questioned. CALANDRA thought that the worst the Army would do would be to take away his awards and that he

had faced a much worse enemy and lived in Vietnam.

Upon taking on the roll of the MOPH Commander, CALANDRA’s chapter had

no money to use to take care of the Veterans that they served. There was no money to

spend on flowers for cemeteries, there was no money to help the Veterans in nursing

homes, there was no money to build memorials for Veterans. Once his story got out and

people wanted to hear about his heroism for his actions in receiving the Silver Star Medal

and Distinguished Service Cross, the donations to the MOPH were abundant and the

organization was able to service the Veterans.

CALANDRA expressed his deep remorse for what he had done with regards

to the fabrication of his awards, but stated that aside from his ego being boosted, the real

benefit went to the veterans who received services from his MOPH chapter, which they

otherwise would not have had. This is what CALANDRA claims to be most proud of, helping other veterans who are in a worse place than himself. CALANDRA voluntarily provided the FBI with his Silver Star and Purple Heart Medals. CALANDRA advised that he previously turned over his Distinguished Service Cross and Purple Heart Medals to

Senator Arlen Specter's Office.

CALANDRA also said that the ribbon shown on his "rack" on his business card, second row from the bottom, far left, solid yellow with two red, white, and blue stripes, is a Combat Actions Ribbon, which he was not authorized. CALANDRA claims that this was an award, which was not awarded following the , but that he put it on his

17 "rack" to fill it out and to move the Silver Star and Distinguished Service Cross ribbons to the top of the "rack.

Respectfully submitted,

ZANE DAVID MEMEGER United States Attorney

KATHY A. STARK Assistant United States Attorney Chief, Violent Crime & Firearms Unit

JOSE R. ARTEAGA Assistant United States Attorney

18 CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing document was sent via electronic filing to the following:

ROBERT B. WOODRUFF, ESQUIRE 60 Washington Street Morristown, New Jersey 07960

JOSE R. ARTEAGA Assistant United States Attorney

Dated: October 6, 2011

19 EXHIBIT “A”