Description: Miami, Florida criminal defense lawyer represented the Defendant charged with engaging in cyber harassment.

Anthony Brillante II, 35, of Miami, a student at FIU during most of the time of the crimes, spoofed hundreds of different phone numbers to send three victims—his cousin, her husband, and their 12-year-old daughter—tens of thousands of phone calls and text messages, including countless explicit threats to kill them over a 15-month period between 2021 and 2022.

Brillante texted two of his victims that he would shoot them in the face, run them over with a car, and even messaged the minor victim that he planned to kill her parents, had “been practicing at the range,” and he thought he was “a pretty good shot.”

Brillante’s cellphones revealed he contemplated bribing a law enforcement officer in his quest to find his victims’ new phone numbers after they changed them due to the spam calls and threatening text messages. They also demonstrated his interest in buying guns and a silencer, and his disregard for multiple law enforcement warnings to stop the threats—even texting his brother “idk is threatening to kill a child different…lol.”

U.S. District Judge Donald L. Graham is scheduled to sentence Brillante on Jan. 24, 2024. Brillante faces up to 20 years in prison.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, announced the convictions.

FBI Miami investigated the case. Assistant U.S. Attorneys Joseph Egozi and Alexandra D. Comolli are prosecuting it.

18 U.S.C. § 2261A(2)(B) CYBER STALKING:

Whoever—
(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—
(A) places that person in reasonable fear of the death of, or serious bodily injury to—
(i) that person;
(ii) an immediate family member (as defined in section 115) of that person;
(iii) a spouse or intimate partner of that person; or
(iv) the pet, service animal, emotional support animal, or horse of that person; or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or
(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—
(A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) or section 2261B, as the case may be.



18 U.S.C. § 875(c) INTERSTATE THREATS

(a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both.
(c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.

Outcome: Defendant elected to plead guilty.

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Defendant's Experts:

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