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Date: 11-03-2023

Case Style:

United States of America v. John Muccio

Case Number: 2:23-cr-00087

Judge: Elizabeth W. Hanes

Court: United States District Court for the Eastern District of Virginia (Norfolk County)

Plaintiff's Attorney: United States Attorney’s Office in Norfolk

Defendant's Attorney:



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Description: Norfolk, Virginia criminal defense lawyer represented the Defendant charged with sending threatening messages online.

In April and May 2023, John Muccio, 39, sent numerous online threats to a debt collection company located in Norfolk. The company had sent letters and attempted to call Muccio about money he owed. In response, Muccio sent several different threatening messages via the company’s Artificial Intelligence Chatbot. In the messages, Muccio used racial slurs and threatened to kill the employees of the company and sexually assault the co-founders’ family members.

The FBI was able to trace the threats to Muccio at his residence in Florida. A review of Muccio’s cell phone showed he had the company’s website bookmarked on his internet browser.

Muccio pleaded guilty to making threatening interstate communications and is scheduled to be sentenced on March 5, 2024. He faces a maximum penalty of 5 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. District Judge Elizabeth W. Hanes accepted the plea.

Assistant U.S. Attorney Elizabeth Yusi is prosecuting the case.

T.18:875(c) - Threatening Interstate Communications / T.18:981(a)(1)(C) and T.28:2461(c) - Criminal Forfeiture
(1)
T.18:875(c) - Threatening Interstate Communications
(2)

Outcome: 11/03/2023 33 Waiver of Right to Rule 11 before a US District Judge by John Muccio. (kgall) (Entered: 11/03/2023)
11/03/2023 34 Minute Entry for proceedings held before Magistrate Judge Robert J. Krask:Plea Agreement Hearing as to John Muccio held on 11/3/2023. US appeared through Beth Yusi. Deft appeared w/ counsel Mark O'Brien. Deft entered plea of guilty to Count 1 of the Indictment. Deft referred to PO for PSR. Sentencing set for 3/5/2024 at 10:00 AM in Norfolk Courtroom 5 before District Judge Elizabeth W. Hanes. Deft continued on bond. (Court Reporter J. Trail)(kgall) (Entered: 11/03/2023)
11/03/2023 35 PLEA AGREEMENT as to John Muccio. (kgall) (Entered: 11/03/2023)
11/03/2023 36 Statement of Facts as to John Muccio. (kgall) (Entered: 11/03/2023)
11/03/2023 37 REPORT AND RECOMMENDATIONS on Plea of Guilty as to John Muccio. Objections to R&R due by 11/17/2023. Signed by Magistrate Judge Robert J. Krask on 10/3/2023. (kgall) (Entered: 11/03/2023)
11/03/2023 38 Sentencing Procedures Order as to John Muccio. Signed by Magistrate Judge Robert J. Krask on 11/3/2023. (kgall) (Entered: 11/03/2023)

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