INDICTMENT

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
USA V PENDERGRAFT
DOCKET / CHRONOLOGICAL FILE
INDICTMENT

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CASE NO: 5:00-CR-21-OC-10

UNITED STATES OF AMERICA

JAMES SCOTT PENDERGRAFT
MICHAEL SPIELVOGEL
_____________________________________/

Ct. 1: 18 U.S.C. § 371
Ct. 2: 18 U.S.C. § 1951
Ct. 3: 18 U.S.C. § 1341 and 2
Ct, 4: 18 U,S,C. § 1623 and 2
Ct. 5: 18 U.S,C, § 1001

INDICTMENT

The Grand Jury charges:

COUNT ONE

A. Introduction

At all times material to this Indictment:

1. JAMES SCOTT PENDERGRAFT was a medical doctor whose primary practice involved the performance of reproductive health care services.

2. MICHAEL SPIELVOGEL was a real estate advisor to the Ocala Women's Center.

3. The Ocala Women's Center (OWC), owned and operated by JAMES SCOTT PENDERGRAFT, was located at 108 North Pine Street, in Ocala, Marion County, Florida and opened its practice in July, 1998.

4. Larry Cretul was a Commissioner on the Marion County Board of County Commissioners, and for a portion of the time covered by this Indictment, was the Chairman of the Commission.

5. R.L.[1] was an attorney representing the Ocala Women's Center and JAMES SCOTT PENDERGRAFT in connection with a civil lawsuit filed in the Ocala Division of the United States District Court, Middle District of Florida.

B. Charge

From at least February, 1999, through on or about Apri1 12, 1999, at Ocala, Jacksonville, and elsewhere, in the Middle District of Florida,

JAMES SCOTT PENDERGRAFT
MICHAEL SPIELVOGEL

the defendants herein, did knowingly and willfully combine, conspire, confederate and agree together to commit offenses against the United States, that is:

1. to affect interstate commerce and the movement of articles and commodities in interstate commerce by extortion, specifically the obtaining of property induced by the wrongful use of threatened fear of economic loss, in violation of Title 18, United States Code, Section 1951;

2. to make material declarations and provide testimony under oath knowing that such declarations and testimony were false, and make and use other false information in a proceeding before or ancillary to a court of the United States, in violation of Title 18, United States Code, Sections 1623 and 2; and,

3. to use the United States mails and cause the use of the United States mails in furtherance of a scheme and artifice to defraud and for obtaining money by means of false and fraudulent presentations and representations, in violation of Title 18, United States Code, Sections 1341 and 2.

C. Manner and Means

1. It was a part of the conspiracy that the defendants would utilize the services of an attorney in order to extort the payment of money from Marion County by threatening a potential multi-million dollar judgment against Marion County, based upon false and fraudulent statements by the defendants.

2. It was a further part of the conspiracy that the defendants would author false, fictitious, and libelous affidavits alleging that Marion County Commissioner Cretul made statements to MICHAEL SPIELVOGEL in which he threatened MICHAEL SPIELVOGEL and MICHAEL SPIELVOGEL's wife, in regard to her employment at the Ocala Women's Center.

3. It was a further part of the conspiracy that the defendants would cause R.L., Esquire,[1] to communicate with the attorney representing Marion County, Mr. Virgil "Bill' Wright III, in an effort to persuade Mr. Wright to recommend that Marion County pay money in settlement of a lawsuit based upon false and fraudulent statements by the defendants.

4. It was a further part of the conspiracy that the defendants would cause pleadings in a civil lawsuit, based on false, fraudulent, and libelous affidavits, to be mailed and filed in the Ocala Division of the United States District Court, Middle District of Florida.

5. It was a further part of the conspiracy that the defendants would meet with the attorney representing Marion County, Mr. Bill Wright, and during the meeting, the defendants would make false statements concerning telephone conversations with former Marion County Commission Chairman Cretul, threaten to repeat the false statements as witnesses in support of their false claims and wrongfully threaten that they would bankrupt Marion County by seeking a judgement of 100 million dollars, all in an effort to extort a settlement of the lawsuit with Marion County.

D. Overt Acts

In furtherance of and to effect the objects thereof, in Ocala, Jacksonville and elsewhere in the Middle District of Florida, defendants JAMES SCOTT PENDERGRAFT and MICHAEL SPIELVOGEL committed al least one of the following overt acts, among others:

1. In or about the first quarter of 1999, the defendants utilized the legal services of R.L.,[1] an attorney, to represent their interests in a scheme to extort the payment of money from Marion County by using a multi-million dollar civil lawsuit filed in United States District Court.

2. On or about February 24, 1999, MICHAEL SPIELVOGEL signed a sworn affidavit, which falsely and fraudulently claimed that former Marion County Chairman Larry Cretul stated to MICHAEL SPIELVOGEL, in a threatening manner, that: (1) he (Cretul) would not send any of his family members to Ocala if he (Cretul) was in his (Spielvogel's) situation; (2) that there were ear1ier fire bombings in Ocala at the other clinic that had been twice destroyed by "unsolved" arson; (3) it's not an "if," but a "when" that this new clinic is bombed; and, (4) what happen=d in Alabama was nothing compared to what will happen in Ocala (referring to the January 29, 1998 abortion clinic bombing in Birmingham, Alabama).

3. On or about February 24, 1999, JAMES SCOTT PENDERGRAFT signed a sworn affidavit, which falsely and fraudulently stated that he (Pandergraft) believed the statements in MICHAEL SPIELVOGEL's affidavit referenced in Overt Act 2, because MICHAEL SPIELVOGEL repeated them immediately to him (Pandergraft) and his reaction was that of someone seriously frightened for his safety and life.

4. On or about March 15, 1999, the defendants caused R.L., Esquire,[1] to transmit by facsimile, a letter to Vir. Bill Wright, counsel for Marion County, which: (1) falsely alleged that the former Chairman of the Marion County Commission, Larry Cretul, threatened MICHAEL SPIELVOGEL; (2) threatened amending the civil lawsuit filed in United States District Court by specifically naming Larry Cretul as a named defendant; (3) threatened asking a jury to award 1.5 million dollars for each of the four named plaintiffs in the lawsuit and envisioning a jury awarding the plaintiffs in the lawsuit five million dollars each, plus punitive damages; and, (4) suggested meeting in Ocala, Florida.

5. On or about March 15, 1999, the defendants caused R.L., Esquire,[1] to mail a pleading captioned "Motion & Memorandum of Plaintiffs OWC for Preliminary Injunction & Partial Summary Judgment," to various attorneys in connection with a case filed in United States District Court, in the Ocala Division of the Middle District of Florida. Case Number 98-371-CIV-OC-10C, including Bill Wright, Esquire, the attorney representing Marion County.

6. On or about March 19, 1999, the defendants caused R.L., Esquire,[1] to file a pleading in United States District Court, in the Ocala Division of the Middle District of Florida, in case number 98-371-CLV-OC-10C, seeking a preliminary injunction and partial summary judgment, which falsely and fraudulently alleged that Commissioner Cretul made threatening comments and references to: (1) MICHAEL SPIELVOGEL's family being in danger; (2) prior fire bombings of an abortion clinic in Ocala, Florida; (3) JAMES SCOTT PENDERGRAFT's clinic being bombed; end, (4) the January 29, 1998, bombing of a Birmingham, Alabama abortion clinic being nothing compared to what was in store for JAMES SCOTT PENDERGRAFT's clinic in Marion County.

7. On or about March 22, 1999, at the Bill Wright's law office, JAMES SCOTT PENDERGRAFT and MICHAEL SPIELVOGEL, along with their attorney, R.L.,[1] met with Bill Wright in an effort to convince Wright to settle the lawsuit, and during said meeting: (1) MICHAEL SPIELVOGEL falsely and fraudulently stated that he was threatened by former Marion County Chairman Larry Cretul in connection with the proposed opening of the Ocala Women's Clinic; (2) JAMES SCOTT PENDERGRAFT falsely and fraudulently stated he was present during a telephone conversation between MICHAEL SPIELVOGEL and Commissioner Cretul when Commissioner Cretul stated that "what happened in Alabama was nothing compared to what would happen in Ocala," referring to the bombing of an abortion clinic in Alabama on January 29, 1998; and, (3) R.L., Esquire,[1] and JAMES SCOTT PENDERGRAFT stated that they would bankrupt Marion County and would ask for a jury verdict of more than 100 million dollars.

All in violation of Title 18, United States Code, Section 371.

COUNT TWO

A. Introduction

Part A of Count One of this Indictment is realleged and incorporated by reference as if fully set forth herein.

B. Charge

From in or about February, 1999, through on or about April 12, 1999, at Ocala, Jacksonville, and elsewhere, in the Middle District of Florida,

JAMES SCOTT PENDERGRAFT
MICHAEL SPIELVOGEL

the defendants herein, did knowingly, willfully and unlawfully attempt to affect interstate commerce and the movement of articles and commodities in interstate commerce by extortion, in that, the defendants did unlawfully use false, fraudulent and libelous affidavits and make false, fraudulent and fictitious statements in an effort to induce the payment of money by the Marion County government through the fear of economic loss.

In violation of Title 18, United States Code, Section 1951.

COUNT THREE

A. Introduction

Part A of Count One of this Indictintent is realleged and incorporated by reference ss if fully set forth herein.

B. Scheme and Artifice

From at least February,, 1999, through on or about April 12, 1999, at Ocala, Jacksonville, and elsewhere, in the Middle District of Florida,

JAMES SCOTT PENDERGRAFT
MICHAEL SPIELVOGEL

the defendants herein, did knowingly and willfully devise and intend to devise a scheme and artifice to defraud, and for obtaining money by means of false and fraudulent pretenses and representations.

C. Manner and Means

Part C of Count One is realleged and incorporated by reference as if fully set forth herein.

D. Execution

On or about March 15, 1999, at Ocala, in the Middle District of Florida,

JAMES SCOTT PENDERGRAFT
MICHAEL SPIELVOGEL

having devised and intending to devise a scheme and artifice to defraud, and for obtaining money by means of false and fraudulent pretenses and representations, caused a pleading captioned "Motion and Memorandum of Plaintiffs OWC for Preliminary Injunction and Partial Summary Judgment," and numerous attachments, including affidavits of James Scott Pandergraft and Michael Spielvogel, to be delivered by the United States Postal Service, to the addresses listed below:

Patrick Gilligan, Esq.
7 E Silver Springs Blvd, Ste. 500
Ocala, FL 34470

Carol Falvey, Esq.
P.O. Box 2720
Ocala, FL 34478-2720

Virgil Wright, Esq.
P.O. Box 5549
Ocala, FL 34478-5549

In violation of Title 18, United States Code, Sections 1341 and 2.

COUNT FOUR

On or about March 19, 1999, at Jacksonville, in the Middle District of Florida,

MICHAEL SPIELVOGEL

the defendant herein, in a proceeding before a court of the United States, that is, the Ocala Division of the United States District Court, Middle District of Florida, in Case Number 98-371-Civ-Oc-10C, caused an affidavit to be filed in said court, in support of a pleading entitled Motion & MemorandLm of Plaintiffs OWC for Preliminary Injunction & Partial Summary Judgment, knowing that said affidavit contained materially false and fraudulent declarations, in that said affidavit stated that during a conversation with former Marion County Chairman Cretul, Chairman Cretul stated that: (1) he (Cretul) wouldn't send any of his family members to Ocala if he (Cretul) was in his (Spielvogel's) situation; (2) that there were earlier fire bombings in Ocala at the other clinic that had been twice destroyed by "unsolved" arson; and, (3) it's not an "if," but a "when" that this new clinic is bombed, when as in truth and fact, and as the defendant then well knew, former Marion County Chairman Cretul had never made any such threatening statements to the defendant, said false and fraudulent declarations being material to the litigation then before the Court and the propriety in granting the requested relief in said motion.

In violation of Title 18, United States Code, Sections 1623 and 2.

COUNT FIVE

Between or about January 29,1998, through on or about February 18, 1998, at Tampa, Orlando, Jacksonville and Ocala, all in the Middle District of Florida,

MICHAEL SPIELVOGEL

the defendant herein, willfully, and knowingly did make false, fictitious and fraudulent material statements and representations in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency of the United States, by making a complaint to employees of the Federal Bureau of Investigation, in which the defendant stated that Larry Cretul, a Marion County Commissioner, had threatened the defendant's life, family and business, in that the defendant claimed that the said Marion County Commissioner made threatening statements to the defendant during conversations between the defendant and the Marion County Commissioner in connection with the defendant's proposed opening of an abortion clinic in Ocala, Florida, which the defendant then knew to be false, fictitious and fraudulent.

In violation of Tile 18, United States Code, Section 1001.

A TRUE BILL

(signed)
FOREPERSON

DONNA A. BUCELLA
United States Attorney

MARK B. DEVEREAUX (signed)
Assistant United States Attorney

JAMES R. KLINDT (signed), Deputy Managing
Assistant United States Attorney

FOOTNOTES BY WEBMASTER

[1] Ed. Note: "R. L., Esquire" is Spurgeon Leroy Lucas (AKA Roy Lucas, Esq. DC # 153957)