2 charged in alleged theft of COVID-19 protective gear from SC law enforcement center

Two Charleston area men have been indicted by a federal grand jury on charges of stealing a large stash of coronavirus Personal Protective Equipment (PPE) from a major law enforcement training facility.

The PPE included high quality respirator masks, other kinds of masks and goggles that help protect people from catching the highly contagious, sometimes fatal COVID-19 virus that has killed more than 220,000 Americans.

The men, Frank Smail, Jr., 49, of Round O, and Mike Pellegrini, 58, of North Charleston, were charged in a multi-count federal indictment alleging conspiracy to steal the protective gear from the Federal Law Enforcement Training Center in Charleston.

Smail was also charged with PPE theft, obstruction of justice, and lying to federal agents.

According to the indictment, both Smail and Pellegrini worked for the law enforcement training center, a facility that provides career-long training to law enforcement professionals in more than 90 federal agencies.

According to the indictment, the law enforcement center had a student and instructor test positive for COVID-19 in mid-March. Those cases were mentioned in the indictment to underscore the severity of the theft, which deprived the center of crucial PPE that might be needed to protect students and staff, according to a law enforcement source familiar with the case.

Three weeks later, the thefts began, according to the indictment. Smails and Pellegrini developed a plan to covertly remove PPE from the law enforcement center’s supply, a press release in the case said.

The thefts were discovered during a routine inventory of the PPE supply, the indictment said.

The indictment did not specify exactly how much PPE was stolen or what investigators thought the defendants planned to do with it, but said it was “a large amount” that would have required “a vehicle to transport and numerous trips to load the boxes.”

The indictment further alleges that Smail lied to federal investigators and obstructed the federal investigation into the theft.

Pellegrini and Smail face up to five years for a conspiracy charge, and Smail faces up to 10 years for the PPE theft charge, up to 20 years for the obstruction charge, and up to five years for the charge of lying to federal investigators, according to a press release in the case.

Evidence in the case apparently includes text messages between the two men.

“On or about March 22, defendants Smail and Pellegrini texted one another to discuss who might be in the office so that Smail could steal the PPE,” the indictment says.

Then, on April 6, Smail told Pellegrini “he was running low on PPE” and asked for suggestions on how to get around security, the indictment said. “Pellegrini responded with a suggested path that would not require the use of a card reader and a suggestion that he commit the theft during the morning,” the indictment said.

Smail appeared in federal court Wednesday in Charleston and was granted an unsecured bond. Pellegrini had not made a court appearance as of Wednesday mid-morning.

The case is being investigated by the FBI and the law enforcement training center’s Office of Professional Responsibility as part of the District of South Carolina’s Hoarding and Price Gouging Task Force. The case is being prosecuted by assistant U.S. attorneys Johanna Valenzuela and Derek Shoemake.

“It is tragic that, at a time when PPE is most needed and in short supply, someone would steal this vital equipment from those who train our front-line federal law enforcement officers,” said U.S. Attorney Peter McCoy. “This office will always stand up and protect our law enforcement partners.”

Anyone wishing to report COVID-19 fraud, hoarding, or price-gouging can do so by contacting the National Center for Disaster Fraud’s National Hotline via phone: (866) 720-5721, or e-mail: disaster@leo.gov.

”These charges reflect an alleged betrayal of colleagues and fellow citizens for selfish gain,” said Jody Norris, Special Agent in Charge of the FBI in Columbia. “The FBI and our partners within the HPG Task Force will not rest in our efforts to identify and hold accountable all those who seek to use this global pandemic to commit criminal acts.”

This story was originally published October 21, 2020 at 11:33 AM.