Indictment — United States v. Anthony Franzel Hamilton (Southern District of Georgia, Document 1)

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Indictment in United States v. Anthony Franzel Hamilton, Case 4:21-cr-00155-RSB-CLR, in the United States District Court for the Southern District of Georgia, Savannah Division, filed September 9, 2021, Document 1. The cover lists 18 U.S.C. § 1951 Interference with Commerce by Robbery, Conspiracy; 18 U.S.C. § 924(c) Possession of a Firearm in Furtherance of a Crime of Violence; 18 U.S.C. § 922(g)(1) Possession of a Firearm by a Prohibited Person; and 18 U.S.C. § 924(o) Conspiracy to Possess a Firearm in Furtherance of a Crime of Violence. Count One charges conspiracy to interfere with commerce by robbery, alleging that on or around November 22, 2020, in Chatham County, the defendant conspired to take property from Savannah convenience stores by force, violence, and fear of injury to employees.

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Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 1of13

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

SAVANNAH DIVISION CR é o1- 0155

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ANTHONY FRANZEL HAMILTON )
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THE GRAND JURY CHARGES THAT:

INDICTMENT NO.

18 U.S.C. § 1951
Interference with Commerce by
Robbery, Conspiracy

18 U.S.C. § 924(c)
Possession of a Firearm in
Furtherance of a Crime of Violence

18 U.S.C. § 922(g)(1)
Possession of a Firearm by a

Prohibited Person

18 U.S.C. § 924(o0)
Conspiracy to Possess a Firearm in
Furtherance of a Crime of Violence

INTRODUCTION

At all times material to this indictment, the following businesses operated

convenience stores in Chatham County, Georgia that sell items such as food,

beverages, and other items commonly sold at convenience stores: Aarav Food Mart

Inc., doing business as Savannah Mart (hereinafter, “Savannah Mart’), located at

1300 E. DeRenne Avenue in Savannah; Montgomery Market, located at 4305

Montgomery Street in Savannah; BPM Food Mart, located at 3701 Bull Street in

Savannah; Hargobind Corp., doing business as BP (hereinafter, “BP”), located at 502

West Bay Street in Savannah; Smart Stop, located at 1114 Abercorn Street in
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 2 of 13

Savannah; and Stoggies, located at 802 Montgomery Street in Savannah. These

businesses were businesses that affected interstate commerce.

COUNT ONE
Conspiracy to Interfere with Commerce by Robbery
18 U.S.C. § 1951(a)

On or around November 22, 2020, in Chatham County, within the Southern

District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did knowingly and intentionally combine, conspive, confederate, and agree with at
least one other person to obstruct commerce and the movement of articles and
commodities in such commerce by robbery, in that the defendant conspired to
unlawfully take and obtain property from Savannah convenience stores, against the
will of and from the persons and in the presence of store employees, by means of
actual and threatened force, violence, and fear of injury to the employees.
All in violation of Title 18, United States Code, Section 1951(a).
COUNT TWO

Interference with Commerce by Robbery
18 U.S.C. § 1951(a)

On or about November 22, 2020, in Chatham County, within the Southern
District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did unlawfully obstruct, delay, and affect commerce as that term is defined in Title
18, United States Code, Section 1951, and the movement of articles and commodities

in such commerce, by robbery as that term is defined in said statute, in that
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 3 of 13

Defendant did unlawfully take and obtain property consisting of United States
Currency from Savannah Mart, against the will of at least one employee by means of
actual and threatened force, violence and fear of injury, immediate and future, to the
employee, and to property in the employee’s custody and possession, that is, he did
enter the business, brandish and use a firearm, threaten at least one employee, and
take money belonging to the business.

All in violation of Title 18, United States Code, Section 1951 (a).

COUNT THREE

Possession of a Firearm in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)

On or about November 22, 2020, in Chatham County, within the Southern
District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did knowingly possess and brandish a firearm, to wit, a handgun, in furtherance of a
crime of violence for which he may be prosecuted in a court of the United States, to
wit, Interference with Commerce by Robbery, in violation of Title 18, United States
Code, Section 1951(a), as charged in Count 2 of this Indictment.
All in violation of Title 18, United States Code, Section 924(c).
COUNT FOUR
Interference with Commerce by Robbery
18 U.S.C. § 1951(a)
On or about November 22, 2020, in-Chatham County, within the Southern

District of Georgia, the defendant,

ANTHONY FRANZEL HAMILTON,
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 4 of 13

did unlawfully obstruct, delay, and affect commerce as that term is defined in Title
18, United States Code, Section 1951, and the movement of articles and commodities
in such commerce, by robbery as that term is defined in said statute, in that
Defendant did unlawfully take and obtain property consisting of United States
Currency from Montgomery Market, against the will of at least one employee by
means of actual and threatened force, violence and fear of injury, immediate and
future, to the employee, and to property in the employee’s custody and possession,
that is, he did enter the business, brandish and use a firearm, threaten at least one
employee, and take money belonging to the business.
All in violation of Title 18, United States Code, Section 1951(a).

COUNT FIVE

Possession of a Firearm in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)

On or about November 22, 2020, in Chatham County, within the Southern
District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did knowingly possess and brandish a firearm, to wit, a handgun, in furtherance of a
crime of violence for which he may be prosecuted in a court of the United States, to
wit, Interference with Commerce by Robbery, in violation of Title 18, United States
Code, Section 1951(a), as charged in Count 4 of this Indictment.

- Allin violation of Title 18, United States Code, Section 924(c).
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 5 of 13

COUNT SIX
Interference with Commerce by Robbery
18 U.S.C. § 1951(a)

On or about November 22, 2020, in Chatham County, within the Southern

District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did unlawfully obstruct, delay, and affect commerce as that term is defined in Title
18, United States Code, Section 1951, and the movement of articles and commodities
in such commerce, by robbery as that term is defined in said statute, in that the
defendant did unlawfully take and obtain property consisting of United States
Currency from BPM Food Mart, against the will of at least one employee by means of
actual and threatened force, violence and fear of injury, immediate and future, to the
employee, and to property in the employee’s custody and possession, that is, he did
enter the business, brandish and use a firearm, threaten at least one employee, and
take money belonging to the business.
All in violation of Title 18, United States Code, Section 1951(a).

COUNT SEVEN

Possession of a Firearm in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)

On or about November 22, 2020, in Chatham County, within the Southern
District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did knowingly possess and brandish a firearm, to wit, a handgun, in furtherance of a

crime of violence, for which he may be prosecuted in a court of the United States, to
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 6 of 13

wit, Interference with Commerce by Robbery, in violation of Title 18, United States
Code, Section 1951(a), as charged in Count 6 of this Indictment.
All in violation of Title 18, United States Code, Section 924(c).
COUNT EIGHT

Attempted Interference with Commerce by Robbery
18 U.S.C. § 1951(a)

On or about November 22, 2020, in Chatham County, within the Southern

District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did unlawfully obstruct, delay, and affect commerce as that term is defined in Title
18, United States Code, Section 1951, and the movement of articles and commodities
in such commerce, by robbery as that term is defined in said statute, in that
Defendant did attempted to unlawfully take and obtain property consisting of United
States Currency from BP, against the will of at least one employee by means of actual
and threatened force, violence and fear of injury, immediate and future, to the
employee, and to property in the employee’s custody and possession, that is, he did
enter the business, brandish and use a firearm, threaten at least one employee, and
attempt to take money belonging to the business.
All in violation of Title 18, United States Code, Section 1951(a).

COUNT NINE

Possession of a Firearm in Furtherance of a Crime of Violence

18 U.S.C. § 924(c)
On or about November 22, 2020, in Chatham County, within the Southern

District of Georgia, the defendant,
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 7 of 13

ANTHONY FRANZEL HAMILTON,
did knowingly possess and brandish a firearm, to wit, a handgun, in furtherance of a
crime of violence for which he may be prosecuted in a court of the United States, to
wit, Attempted Interference with Commerce by Robbery, in violation of Title 18,
United States Code, Section 1951(a), as charged in Count 8 of this Indictment.

All in violation of Title 18, United States Code, Section 924(c).
COUNT TEN
Interference with Commerce by Robbery
18 U.S.C. § 1951 (a)
On or about November 22, 2020, in Chatham County, within the Southern

District of Georgia, the defendant,

ANTHONY FRANZEL HAMILTON,
did unlawfully obstruct, delay, and affect commerce as that term is defined in Title
18, United States Code, Section 1951, and the movement of articles and commodities
in such commerce, by robbery as that term is defined in said statute, in that
Defendant did unlawfully take and obtain property consisting of United States
Currency from Smart Stop, against the will of at least one employee by means of
actual and threatened force, violence and fear of injury, immediate and future, to the
employee, and to property in the employee’s custody and possession, that is, he did
enter the business, brandish and use a firearm, threaten at least one employee, and
take money belonging to the business.

All in violation of Title 18, United States Code, Section 1951(a).
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 8 of 13

COUNT ELEVEN
Possession of a Firearm in Furtherance of a Crime of Violence

18 U.S.C. § 924(c)
On or about November 22, 2020, in Chatham County, within the Southern
District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did knowingly possess and brandish a firearm, to wit, a handgun, in furtherance of a
crime of violence for which he may be prosecuted in a court of the United States, to
wit, Interference with Commerce by Robbery, in violation of Title 18, United States
Code, Section 1951(a), as charged in Count 10 of this Indictment.
All in violation of Title 18, United States Code, Section 924(c).
COUNT TWELVE
Interference with Commerce by Robbery
18 U.S.C. § 1951 (a)
On or about November 22, 2020, in Chatham County, within the Southern
District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did unlawfully obstruct, delay, and affect commerce as that term is defined in Title
18, United States Code, Section 1951, and the movement of articles and commodities
in such commerce, by robbery as that term is defined in said statute, in that
Defendant did unlawfully take and obtain property consisting of United States
Currency from Stoggies, against the will of at least one employee by means of actual

and threatened force, violence and fear of injury, immediate and future, to the

employee, and to property in the employee’s custody and possession, that is, he did
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 9 of 13

enter the business, brandish and use a firearm, threaten at least one employee, and
take money belonging to the business.
All in violation of Title 18, United States Code, Section 1951(a).

COUNT THIRTEEN

Possession of a Firearm in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)

On or about November 22, 2020, in Chatham County, within the Southern

District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
did knowingly possess and brandish a firearm, to wit, a handgun, in furtherance of a
crime of violence for which he may be prosecuted in a court of the United States, to
wit, Interference with Commerce by Robbery, in violation of Title 18, United States
Code, Section 1951(a), as charged in Count 12 of this Indictment.
All in violation of Title 18, United States Code, Section 924(c).
COUNT FOURTEEN

Possession of a Firearm by a Prohibited Person
18 U.S.C. § 922(g)(1)

On or about November 22, 2020, in Chatham County, within the Southern
District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,
knowing he had previously been convicted of a crime punishable by imprisonment for
a term: exceeding one year, did knowingly possess, in and affecting commerce, a
firearm, to wit, a Taurus, Model PT 24/7, 9 mm caliber pistol, which had been

transported in interstate and foreign commerce.
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 10 of 13

All in violation of Title 18, United States Code, Section 922(g)(1).

‘COUNT FIFTEEN
Conspiracy to Possess a Firearm in Furtherance of a Crime of Violence
18 U.S.C. § 924(0)

On or around November 22, 2020, in Chatham County, within the Southern

District of Georgia, the defendant,
ANTHONY FRANZEL HAMILTON,

did knowingly and intentionally combine, conspire, and agree with at least one other
person to possess a firearm in furtherance of a crime of violence for which he may be
prosecuted in a court of the United States, to wit, Interference and Attempted
Interference with Commerce by Robbery, in violation of Title 18, United States Code,
Section 1951(a), as charged in Counts 2, 4, 6, 8, 10, and 12 of this Indictment.

All in violation of Title 18, United States Code, Section 924(o).

10
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 11 of 13

FORFEITURE ALLEGATION

The allegations contained in Counts One through Fifteen of this Indictment
are hereby re-alleged and incorporated by reference for the purpose of alleging
forfeitures pursuant to Title 18, United States Code, Sections 981(a)(1)(C) and 924(d),
and Title 28, United States Code, Section 2461(c).

Upon conviction of one or more of the offenses charged in Counts One, Two,
Four, Six, Eight, Ten, and Twelve in violation of Title 18, United States Code, Section
1951(a) set forth in this Indictment, ANTHONY FRANZEL HAMILTON, shall
forfeit to the United States of America, pursuant to Title 18, United States Code,
Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), any property
constituting, or derived from, proceeds obtained, directly or indirectly, as a result of
such violation.

If any of the property described above, as a result of any act or commission of
the defendant:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

Cc. has been placed beyond the jurisdiction of the court;
d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be

divided without difficulty,

the United States of America shall be entitled to forfeiture of substitute property
pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 28,

United States Code, Section 2461(c).

11
Case 4:21-cr-00155-RSB-CLR Document 1 Filed 09/09/21 Page 12 of 13

Additionally, upon conviction of one or more of the offenses charged in Counts
Three, Five, Seven, Nine, Eleven, Thirteen, Fourteen, and Fifteen of this Indictment,
ANTHONY FRANZEL HAMILTON shall forfeit to the United States, pursuant to
Title 18, United States Code, Section 924(d), any firearm and ammunition involved
in the commission of the offense(s), including, but not limited to, a Taurus, Model PT

24/7, 9 mm caliber pistol bearing serial number TFU82716.

12
Case 4:21-cr-00155-RSB-CLR Document1 Filed 09/09/21 Page 13 of 13

A True Bill. : ba

David Estes Chris Hqward
First Assistant United States Attorney Assistant United States Attorney

*Lead Counsel

Karl I. Knoche

Assistant United States Attorney
Chief, Criminal Division

13


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