IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA : DATE FILED: 

v. : CRIMINAL NO. 

PAMFILO DACUA : VIOLATION: 

a/k/a “Michael Montoya” 18 U.S.C. § 1001(a)(2)

 (false statements - 3 counts)

 Notice of additional factors

I N D I C T M E N T

COUNT ONE

THE GRAND JURY CHARGES THAT:

On or about November 19, 2003, in the Eastern District of Pennsylvania, 

defendant

PAMFILO DACUA, 

a/k/a “Michael Montoya,”

in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency of the

executive branch of the United States, knowingly and willfully made materially false, fictitious,

and fraudulent statements and representations in that defendant DACUA advised the Federal

Bureau of Investigation that he had been contacted by “Ahmed” who planned to bring VX, a

nerve agent, into the United States and solicited defendant DACUA’s assistance, when as the

defendant knew, he had not been contacted by “Ahmed” concerning a plan to bring VX into the

United States.

In violation of Title 18, United States Code, Section 1001(a)(2).

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COUNT TWO

THE GRAND JURY FURTHER CHARGES THAT:

On or about November 29, 2003, in the Eastern District of Pennsylvania, 

defendant

PAMFILO DACUA, 

a/k/a “Michael Montoya,”

in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency of the

executive branch of the United States, knowingly and willfully made materially false, fictitious,

and fraudulent statements and representations in that defendant DACUA advised the Federal

Bureau of Investigation that he had recorded telephone conversations with “Ahmed” on

November 26, 2003 and November 28, 2003, and with “Didi” on November 29, 2003, and

provided those recorded conversations to the Federal Bureau of Investigation, when as the

defendant knew, he fabricated the telephone calls with individuals whom defendant solicited to

play the roles of “Ahmed” and “Didi.”

In violation of Title 18, United States Code, Section 1001(a)(2).

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COUNT THREE

THE GRAND JURY FURTHER CHARGES THAT:

On or about December 2, 2003, in the Eastern District of Pennsylvania, 

defendant

PAMFILO DACUA, 

a/k/a “Michael Montoya,”

in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency of the

executive branch of the United States, knowingly and willfully made materially false, fictitious,

and fraudulent statements and representations in that defendant DACUA advised the Federal

Bureau of Investigation that he had recorded telephone conversations with “Ahmed” on

December 1, 2003 and December 2, 2003, and provided those recorded conversations to the

Federal Bureau of Investigation, when as the defendant knew, he fabricated the telephone calls

with another individual whom defendant solicited to play the role of “Ahmed.”

In violation of Title 18, United States Code, Section 1001(a)(2).

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NOTICE OF ADDITIONAL FACTORS

THE GRAND JURY FURTHER CHARGES THAT:

1. In committing the offenses charged in Counts One through Three of this

indictment, defendant PAMFILO DACUA, a/k/a “Michael Montoya,”

a. Committed an offense in which he was an organizer, leader, manager, and

supervisor, as described in U.S.S.G. § 3B1.1(c).

b. Committed an offense in which he willfully obstructed and impeded, and

attempted to obstruct and impede, the administration of justice during the course of the

investigation, as described in U.S.S.G. § 3C1.1.

A TRUE BILL:

____________________________________

FOREPERSON 

_________________________________

PATRICK L. MEEHAN

UNITED STATES ATTORNEY

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