Controversial Invocations of The USA PATRIOT Act - Wrongful Accusations Under The Act

Wrongful Accusations Under The Act

In May 2004, Professor Steve Kurtz of the University at Buffalo reported his wife's death of heart failure. The associate art professor, who works in the biotechnology sector, was using benign bacterial cultures and biological equipment in his work. Police arriving at the scene found the equipment (which had been displayed in museums and galleries throughout Europe and North America) suspicious and notified the Federal Bureau of Investigation (FBI). The next day the FBI, Joint Terrorism Task Force, Department of Homeland Security and numerous other law enforcement agencies arrived in HAZMAT gear and cordoned off the block surrounding Kurtz's house, impounding computers, manuscripts, books, and equipment, and detaining Kurtz without charge for 22 hours; the Erie County Health Department condemned the house as a possible "health risk" while the cultures were analyzed. Although it was determined that nothing in the Kurtz's home posed any health or safety risk, the Justice Department sought charges under Section 175 of the US Biological Weapons Anti-Terrorism Act—a law which was expanded by the USA PATRIOT Act. A grand jury rejected those charges, but Kurtz is still charged with federal criminal mail and wire fraud, and faced 20 years in jail before the charges were dropped. Supporters worldwide argue that this is a politically motivated prosecution, akin to those seen during the era of McCarthyism, and legal observers note that it is a precedent-setting case with far-reaching implications involving the criminalization of free speech and expression for artists, scientists, researchers, and others.

FBI agents used a USA PATRIOT Act "sneak and peek" search to secretly examine the home of Brandon Mayfield, who was wrongfully jailed for two weeks on suspicion of involvement in the Madrid train bombings. Agents seized three hard drives and ten DNA samples preserved on cotton swabs, and took 335 photos of personal items. Mayfield has filed a lawsuit against the U.S. government, contending that his rights were violated by his arrest and by the investigation against him. He also contends the USA PATRIOT Act is unconstitutional.