No bioterror charge for artist

Instead, he faces fraud indictment

June 30, 2004|Associated Press

BUFFALO -- An artist who became the target of a federal terrorism investigation was indicted yesterday on charges he illegally obtained potentially harmful biological materials.

Also charged was a university administrator who allegedly helped him obtain the organisms, which colleagues have said he planned to use in an art project.

Steven Kurtz, the artist and a University at Buffalo professor, and Robert Ferrell, chairman of the University of Pittsburgh's Human Genetics Department, were charged with wire and mail fraud.

The charges accuse Ferrell of using his school account with a biological supply company to order potentially harmful organisms for Kurtz. Both men face 20 years in prison if convicted.

"The current charges do not relate to allegations of bioterrorism . . . this is a case about fraud," US Attorney Michael Battle said.

Kurtz is a founding member of the Critical Art Ensemble, which has used human DNA and other biological materials in works meant to draw attention to political and social issues, such as genetically altered foods.

"The evidence is abundant that neither of these individuals had any criminal intent," said his attorney, Paul Cambria. "Their intent was simply to educate and enlighten people."

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