UPDATED VERSION
August 28, 2009
HIGHLANDS RANCH RESIDENT LANCE MIGLIACCIO NAMED IN SUPERSEDING INDICTMENT
DENVER – Lance C. Migliaccio, age 46, of Highlands Ranch, Colorado, was named in fourteen count superseding indictment returned late yesterday by a federal grand jury in Denver, U.S. Attorney David Gaouette, DEA Special Agent in Charge Jeffrey Sweetin, and ATF Special Agent in Charge Richard Chase announced today. Migliaccio is in federal custody. He will appear in U.S. District Court in Denver on September 10, 2009 at 10:30 am to be advised of the new charges pending against him and to be re-arraigned.
According to the superseding indictment, on October 25, 2007, November 16, 2007, January 17, 2008, June 4, 2008, and August 4, 2009, Migliaccio allegedly knowingly possessed with the intent to distribute 3.4-methylenedioxymethamphetamine (“MDMA”), which is commonly known as Ecstasy. Further, the indictment states that on August 4, 2009, the defendant did knowingly carry a firearm, namely a 40mm High Explosive Dual Purpose destructive device, during and in relation to a drug trafficking crime.
Also on August 4, 2009, Migliaccio is charged with knowingly and illegally possessing:
* A AWC Systems Technology 9mm silencer
* A Knights Armament Co. Model K 5.56mm silencer
* A 40mm high explosive dual purpose round
The indictment continues by stating that on August 4, 2009, the defendant did knowingly possess, conceal, and store explosive materials, namely thirteen 40mm High Explosive Dual Purpose grenades. Further, Migliaccio knowingly stored high explosives, electric and non-electric detonators, 40mm High Explosive Dual Purpose grenades, detonating cord and C4 explosive material at his Highlands Ranch residence, which was not conforming with the requirements of explosive storage facilities.
The indictment includes an asset forfeiture allegation, which states that upon conviction, the defendant concedes his rights and interest to all property consisting of or derived from the criminal activity.
The defendant was previously indicted by a federal grand jury. A superseding indictment replaces the previous indictment.
“Drugs and weapons, especially like the ones involved here, are always a dangerous combination,” said U.S. Attorney David Gaouette. “The ATF and DEA special agents did a tremendous job finding and removing them from our community.”
“Drug traffickers sell drugs without regard for consequences the ultimate use may face,” said DEA Special Agent in Charge Jeffrey Sweetin. “The serious nature of the illegal drug and weapons charges facing this defendant is reflected in the potential lengthy sentence he faces.”
“The enforcement efforts in this case are the culmination of an exhaustive 2-year investigation involving multiple jurisdictions,” said ATF Special Agent in Charge Richard Chase. “Today’s superseding indictment serves to highlight the benefits of joint collaboration amongst federal, state, and local law enforcement partners while further illustrating ATF’s on-going commitment to reducing violent crime in the communities that we so proudly serve.”
"I appreciate the teamwork and cooperation of all the agencies involved," said Douglas County Sheriff David A. Weaver. "Their hard work paid off with the arreste of the suspect and helped make the Douglas County community safer. For this I am grateful."
The defendant faces five counts of possession with intent to distribute Ecstasy, which is punishable by not more than 20 years in federal prison, and up to a $1,000,000 fine per count.
He faces one count of carrying a firearm during and relation to a drug trafficking offense, which carries a penalty of not less than 30 years imprisonment, and not more than a $250,000 fine. Migliaccio faces one count of possession of a machine gun, which is punishable by not more than 10 years in federal prison, and up to a $250,000 fine. He face three counts of possession of a firearm not registered with the ATF, which is punishable by not more than 10 years imprisonment and up to a $10,000 fine. He faces possession and storing stolen explosives, which carries a penalty of not more than 10 years in federal prison and a fine of up to $250,000. He faces one count of storing high explosives in a manner not in conformity with regulations, which is punishable by not more than 1 year in prison, and up to a $250,000 fine. Lastly, he faces not more than 10 years in prison and a fine of up to $10,000 for receive or possess a firearm which is not identified by serial number.
This case was investigated by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with support from the Douglas County Sheriff's Office.
Migliaccio is being prosecuted by Assistant U.S. Attorney Colleen Covell. The asset forfeiture allegation is being handled by Assistant U.S. Attorney James Russell.
The charges are only allegations, and the defendant is presumed innocent unless and until proven guilty.
Click here for the Superseding Indictment
Click here for a photo of the weapons
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