As part of his plea, 57-year-old Roger Von Bergendorff agreed to forfeit a pistol and two silencers. He faces up to 10 years in prison and a $250,000 fine on each count when sentenced Nov. 3 by U.S. District Judge Robert C. Jones. Prosecutors are recommending 37 months behind bars.
According to court records, Bergendorff, who had been living at the Extended Stay America Hotel in Las Vegas, knowingly possessed the biological agent for an "unjustified purpose."
His cousin, Thomas Tholen, of Riverton, allegedly mentioned a possible motive when interviewed by FBI agents this spring: "Tholen stated that Bergendorff had regularly expressed anger at people he had perceived had wronged him," according to an affidavit filed in U.S. District Court in Salt Lake City.
Tholen - who is charged with knowing a biological agent had been illegally produced and making an untruthful statement to conceal the offense - also could be pleading guilty in the case. He is scheduled for a change-of-plea hearing on Aug. 11 before U.S. District Judge Tena Campbell in Salt Lake City, which typically means a defendant has reached a plea agreement with prosecutors. Tholen has been free pending resolution of his case.
Authorities allege Tholen, a 54-year-old freelance artist, knew his cousin was making ricin while staying in the basement of his Riverton home. Bergendorff relocated in April 2006 to a house across the street for about six months and later ended up in Nevada.
On Feb. 14, he contacted medical personnel and said he was having problems breathing.
Authorities say they found ricin, two semi-automatic pistols, a rifle and a pistol with a silencer in his room.
Bergendorff, who had symptoms consistent with ricin exposure, slipped into a coma but recovered. He has been in custody since his discharge from the hospital.
As little as 500 micrograms of ricin, about the size of the head of a pin, is enough to kill a person.
Greg Brower, U.S. attorney for Nevada, said in a news release that the ricin possessed by Bergendorff is not believed to have harmed anyone else.
pmanson@sltrib.com
