United States v. CURCIO
1:24-cr-00312
| S.D.N.Y. | Aug 21, 2025Background
- Defendant Anthony Curcio was indicted for a multi-year scheme to relabel and sell low-grade or ungraded trading cards as high-graded, PSA-authenticated cards, allegedly defrauding collectors of over $2 million.
- Investigators allege Curcio placed fake PSA-style cards/labels on cards, sold them online (including a July 2023 undercover purchase), and instructed complaining buyers to return cards to his Redmond, Washington residence.
- Purchase records subpoenaed by investigators showed repeated orders to Curcio’s home for materials and tools usable to fabricate cases/labels (cases, label printers, engraving drill bits, etc.).
- Magistrate Judge in the Western District of Washington issued a search warrant for Curcio’s home (May 22, 2024); FBI agents executed the warrant May 23, 2024 and seized workshop tools, printers, cases, labels, a 3D printer, and computers.
- Curcio moved to suppress physical evidence (arguing affidavit lacked source detail and was stale) and sought a Franks hearing (arguing material omissions: PSA’s role, PSA’s prior verification of some cards, and an alleged victim’s litigation/bias).
- The district court denied both motions, finding the affidavit established probable cause and that the alleged omissions were not deliberately material such that a Franks hearing was warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search (affidavit sufficiency) | Affidavit contained facts (indictment excerpts, purchases, victim reports) supporting a fair probability of evidence at the Premises | Curcio argued affidavit failed to identify sources by name and relied on unverified or unnamed sources so magistrate could not assess reliability | Denied — court applied Gates common-sense standard, held affidavit (including indictment allegations, victim reports, purchase/flight records, undercover sale) established probable cause |
| Staleness of information supporting warrant | Gov’t: affidavit showed ongoing pattern and recent acts (orders through Feb 2024; April 2024 card show; Sept 2023 returns) | Curcio argued allegations were dated and therefore stale by May 23, 2024 | Denied — court found continuing pattern and recent corroborating acts defeated staleness challenge |
| Franks hearing for alleged omissions | Curcio sought hearing, alleging omitted facts (PSA’s assistance to FBI, PSA’s earlier authentication of some cards, victim Johnson’s litigation and bias) | Gov’t: omissions not deliberate/reckless and, even if added to a corrected affidavit, would not negate probable cause because independent corroborating allegations remained | Denied — court held omitted facts were not material to probable cause and would not defeat it if included |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause for warrants measured by "fair probability" and flexible, commonsense analysis)
- Franks v. Delaware, 438 U.S. 154 (1978) (standard for entitlement to hearing on affidavit falsehoods or omissions)
- United States v. Ponce, 947 F.2d 646 (2d Cir. 1991) (probable cause standard for searches)
- United States v. Canfield, 212 F.3d 713 (2d Cir. 2000) (affidavits must be read in commonsense, not hypertechnical, manner)
- United States v. McColley, 740 F.3d 817 (2d Cir. 2014) (Franks omission framework and corrected-affidavit inquiry)
- United States v. Rajaratnam, 719 F.3d 139 (2d Cir. 2013) (requiring a substantial preliminary showing for Franks relief)
- United States v. Harding, 273 F. Supp. 2d 411 (S.D.N.Y. 2003) (victim or citizen-witness information may be accepted without a proven reliability track record)
- United States v. Wagner, 989 F.2d 69 (2d Cir. 1993) (staleness analysis and continuing criminal activity can keep information "fresh")