TBO.com Special Report: The Aisenberg Case

Steve and Marlene Aisenberg, the parents of Baby Sabrina, were charged on September 9, 1999 with conspiracy and lying to investigators. The following text is from the federal indictment.

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA

Case No. 99

STEVEN B. AISENBERG
And
MARLENE J. AISENBERG
INDICTMENT

The Grand Jury charges:
COUNT ONE
A. Introduction
At all times material to this indictment:

1 . The defendants, STEVEN B. AISENBERG and MARLENE J. AISENBERG, along with their children, William, Monica, and Sabrina, resided at 3632 Springville Drive, Valrico, Florida. A pet dog, "Brownie", was also located at the residence.

2. Sabrina Paige Aisenberg, hereinafter referred to as "Baby Sabrina", was born to STEVEN B. AISENBERG and MARLENE J. AISENBERG on June 27,1997.

3. The residence at 3632 Springville Drive, Vairico, Florida was a four bedroom, two bath structure located within a cul-de-sac with the rear of the property enclosed by a wooden fence.

4. The AISENBERG residence was located three tenths of a mile from Warm Springs Road, and entry and exit access was limited to a single street.

5. The subdivision in which the AISENBERG residence was located was surrounded by a six-foot concrete wall.

6. There were a number of street lights in close proximity to the AISENBERG residence.

7. The AISENBERG residence was equipped with an alarm system, which detected the opening of any exterior door or window and immediately activated a sound alarm within the interior of the residence. The alarm system was not monitored by any alarm company outside of the residence.

8. A sign warning that the premises was protected by a security alarm system was situated in front of the exterior of the AISENBERG residence, adjacent to the garage.

9. In November 1997, Baby Sabrina suffered from ear infections and perforated ear drums, requiring medical treatment. STEVEN B. AISENBERG and MARLENE J. AISENBERG missed two follow-up medical appointments for Baby Sabrina on November 10, 1997 and November 17, 1997.

10. MARLENE J. AISENBERG made a videotape recording of Baby Sabrina on Saturday, November 22,1997 at the AISENBERG residence.

11. The Federal Bureau Of Investigation investigates violations of Title 18, United States Code, Section 1201, relating to kidnapping. An alleged or reported kidnapping incident creates a rebuttable presumption, after 24 hours, that the victim has been transported in interstate commerce and gives the Federal Bureau Of Investigation jurisdiction to become involved in the kidnapping investigation. This presumption does not preclude a Federal investigation of a potential violation of Section 1201 before the 24-hour period has ended.

12. The Hillsborough County Sheriffs Office is a county-wide law enforcement agency that uses Federal funds in the enforcement of criminal laws of the State of Florida in Hillsborough County. The Hillsborough County Sheriff's Office has primary responsibility for responding to allegations of kidnapping reported in Hillsborough County.

B. Charge
From in or about November 1997, through and including the date of this Indictment, in the Middle District of Florida and elsewhere,

STEVEN B. AISENBERG and MARLENE J. AISENBERG,

defendants herein, did knowingly, willfully, and intentionally combine, conspire, confederate, and agree with each other, and with other persons known and unknown to the Grand Jury, to make any materially false, fictitious, or fraudulent statement or representation, and make and use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, and falsify, conceal, or cover up by any trick, scheme, or device a material fact in any matter within the jurisdiction of the executive branch of the Government of the United States, in violation of Title 18, United States Code, Section 1001.

C. Manner and Means
The ways and means by which the conspiracy was carried out included the following:

1 . It was part of the conspiracy that the defendants would and did falsely report to state and federal law enforcement agencies that their infant child, Baby Sabrina, had been kidnapped from their residence.

2. It was further part of the conspiracy that the defendants would and did make false and fictitious statements to law enforcement agents concerning the circumstances of the disappearance of Baby Sabrina, their discovery of her disappearance, and their reactions to their discovery of her disappearance.

3. It was further part of the conspiracy that the defendants would and did fail to comply with numerous requests by law enforcement agents to provide them with urgently-needed lists of relatives, friends, acquaintances, and visitors to the AISENBERG residence and of any enemies or other persons with whom the defendants were having problems.

4. It was a further part of the conspiracy that the defendants would and did ultimately provide a box of incomplete business documents instead of the lists of relatives, friends, acquaintances, and visitors to the AISENBERG residence and of any enemies or other persons with whom the defendants were having problems repeatedly requested by law enforcement agents.

5. It was further part of the conspiracy that the defendants would and did provide law enforcement agents with false leads and false information relating to the disappearance of Baby Sabrina for the agents to investigate.

6. It was further part of the conspiracy that the defendants would and did make false statements concerning injuries which had occurred to Baby Sabrina and which were visible prior to the reported disappearance of Baby Sabrina.

7. It was further part of the conspiracy that the defendants would and did agree that they would be careful about what they discussed with other individuals concerning the disappearance of Baby Sabrina, and that they could not tell anyone the truth concerning the disappearance of Baby Sabrina.

8. It was further part of the conspiracy that the defendants would and did devise and orchestrate various false stories and alleged leads in the investigation of Baby Sabrina's disappearance for coverage by the media.

11. It was further part of the conspiracy that the defendants would and did open a Baby Sabrina bank account, for which the defendants solicited monies to assist in locating Baby Sabrina, but which monies and funds the defendants would and did utilize for their own personal expenses.

12. It was further part of the conspiracy that the defendants would and did perform acts and make statements to hide and conceal, and cause to be hidden and concealed, the purpose of the conspiracy and the acts commifted in furtherance thereof.

D. Overt Acts
In furtherance of the conspiracy and to effect the objects thereof, the following overt acts, among others, were committed in the Middle District of Florida, and elsewhere:

1 . During the late afternoon and early evening hours of November 23, 1997, MARLENE J. AISENBERG and STEVEN B. AISENBERG refused to allow a neighbor, who was a regular visitor at the AISENBERG residence, to see Baby Sabrina.

2. On or about November 24, 1997, at approximately 6:42 a.m., MARLENE J. AISENBERG telephoned "91 1 " and reported to the Hillsborough County Sheriffs Office that her infant daughter, Baby Sabrina, had been "kidnapped" from the AISENBERG residence in Vairico, Florida.

3. On or about November 24,1997, at approximately 6:43 a.m., STEVEN B. AISENBERG advised the Hillsborough County Sheriffs Office that his infant daughter, Baby Sabrina, was missing from the AISENBERG residence in Valrico, Florida, and that he had last seen Baby Sabrina at 1 1:00 p.m. the evening before when he had put the baby to bed.

4. On or about November 24,1997, at approximately 7:00 a.m., MARLENE J. AISENBERG and STEVEN B. AISENBERG each told a responding Hillsborough County Deputy Sheriff that MARLENE J. AISENBERG was awakened on the morning of November 24, 1997 by a noisy fish tank and then discovered Baby Sabrina missing.

5. On or about November 24,1997, at approximately 8:50 a.m., STEVEN B. AISENBERG told a detective with the Hillsborough County Sherifrs Office that he was awakened by his wife screaming, and that she was already on the telephone with the police.

6. On or about November 24,1997, at approximately 8:55 a.m., MARLENE J. AISENBERG told investigating agents that she was awakened by a television alarm at 6:35 a.m., went to wake up her son, V\Alliam, and subsequently discovered Baby Sabrina missing.

7. On or about the morning of November 24,1997, MARLENE J. AISENBERG told a neighbor that she had gotten up to awaken Baby Sabrina, found Baby Sabrina missing, and urinated all over herself, wetting the floor.

8. On or about the morning of November 24, 1997, at approximately 9:30 a.m., STEVEN B. AISENBERG told investigating agents that MARLENE J. AISENBERG was awakened by a television alarm, went to wake their son, William, and subsequently discovered Baby Sabrina missing.

9. On or about November 24,1997, at approximately 11:45 a.m., MARLENE J. AISENBERG, having previously been asked by law enforcement agents to provided urgently-needed lists of relatives, friends, acquaintances, and visitors to the AISENBERG residence and of any enemies or other persons with whom the defendants were having problems, was asleep on a couch in her residence, was awakened by law enforcement agents, and told law enforcement agents that she had not had time to prepare such lists for the law enforcement agents to use in their investigation.

10. On or about November 24, 1997, at approximately 2:30 p.m., STEVEN B. AISENBERG told agents that MARLENE J. AISENBERG was so hysterical and upset about the disappearance of Baby Sabrina that she had urinated on the floor of the AISENBERG residence, and that he had slipped on the wet spots on the floor.

11. On or about November 24, 1997, at approximately 2:40 p.m., MARLENE J. AISENBERG told investigating agents that when she and her husband went to bed, their dog, Brownie, was inside the residence. During the middle of the night, MARLENE J. AISENBERG heard the dog scratching at their sliding glass door, and let the dog inside the residence. MARLENE J. AISENBERG also stated that the dog barks at anyone it does not know and that MARLENE J. AISENBERG is a light sleeper and hears everything.

12. On or about November 24, 1997, at approximately 9:30 p.m., MARLENE J. AISENBERG made a media appeal for the return of Baby Sabrina.

13. On or about November 24, 1997, at approximately 10:20 p.m., STEVEN B. AISENBERG provided to his brother a sequence of events to describe the discovery of Baby Sabrina's disappearance, and falsely stated that the house was a mess due to the police going through it, and falsely stated that the police had told him that no relatives were allowed to come to the AISENBERG residence.

14. On or about November 25,1997, at approximately 9:00 a.m., MARLENE J. AISENBERG, when requested by an agent of the Federal Bureau of Investigation to provide a list of names of any individuals who could be responsible for the disappearance of Baby Sabrina, exhibited disinterest, failed to make any list for the FBI agent, and instead continued to socialize and watch television.

15. On or about November 25,1997, at approximately 9:30 a.m., MARLENE J. AISENBERG refused a request of an agent of the Federal Bureau of Investigation that she make a television appeal to assure the safety and well-being of Baby Sabrina by announcing Baby Sabrina's formula, diet, and feeding schedule, stating that she did not think she came across well during the previous evening's media appeal.

16. On or about November 25, 1997, at approximately 1 0:00 a.m., STEVEN B. AISENBERG and MARLENE J. AISENBERG, when asked again by agents of the Federal Bureau of Investigation and Hillsborough County Sheriffs Office if they had prepared lists of relatives, friends, acquaintances, and visitors to the AISENBERG residence and of any enemies or other persons with whom the defendants were having problems whom law enforcement should interview, responded that they had not prepared the lists.

17. On or about November 25, 1997, at approximately 8:35 p.m., STEVEN B. AISENBERG provided law enforcement agents with a wriften statement, in which he wrote false statements concerning the circumstances surrounding Baby Sabrina's disappearance, the AISENBERGs'discovery of Baby Sabrina's disappearance, and the AISENBERGs' reactions to such discovery, including, but not limited to, a statementthat MARLENE J. AISENBERG urinated on the kitchen floor of the AISENBERG residence when she discovered Baby Sabrina was missing.

18. On or about November 25, 1997, at approximately 8:40 p.m., MARLENE J. AISENBERG told a Hillsborough County Deputy Sheriff that she knew the person who took Baby Sabrina, that Sabrina was being taken care of, and that "I'm glad I got the video before I did it".

19. On or about November 25, 1997, at approximately 8:40 p.m., STEVEN B. AISENBERG caused the termination of the interview of MARLENE J. AISENBERG, just after STEVEN B. AISENBERG was told of inconsistencies in the accounts of events leading up to Baby Sabrina's disappearance provided by STEVEN B. AISENBERG and MARLENE J. AISENBERG.

20. On or about November 25,1997, at approximately 9:00 p.m., STEVEN B. AISENBERG and MARLENE J. AISENBERG, while being transported to their residence by law enforcement agents, whispered to each other, and MARLENE J. AISENBERG feigned a catatonic state in front of the law enforcement agents; and within an hour, MARLENE J. AISENBERG spoke to her sister on the telephone and no longer acted "catatonic".

21. On or about November 26, 1997, at approximately 7:1 0 p.m., STEVEN B. AISENBERG and MARLENE J. AISENBERG, having been asked again for lists of relatives, friends, acquaintances, and visitors to the AISENBERG residence and of any enemies or other persons with whom the defendants were having problems, again failed to provide the requested lists for law enforcement to use in an effort to locate Baby Sabrina.

22. On or about November 29, 1997, at approximately 10:00 a.m., five days after the reported kidnapping of Baby Sabrina, STEVEN B. AISENBERG and MARLENE J. AISENBERG provided law enforcement agents with a box of incomplete registration forms from MARLENE J. AISENBERG's part-time business, known as "Playtime Pals", instead of the lists of relatives, friends, acquaintances, and visitors to the AISENBERG residence and of any enemies or other persons with whom the defendants were having problems repeatedly requested by law enforcement agents.

23. On or about November 30,1997, STEVEN B. AISENBERG and MARLENE J. AISENBERG, through their aftorney, provided law enforcement agents with false leads to investigate, that is, the names of three individuals whom the AISENBERGs stated should be considered suspects.

24. On or about December 3,1997, MARLENE J. AISENBERG provided law enforcement agents with beige shorts that she falsely stated she had been wearing at the time she discovered Baby Sabrina missing on November 24, 1997.

25. On or about December 3, 1997, MARLENE J. AISENBERG, in response to questions about a bald spot on the head of Baby Sabrina that appeared in a videotape recording taken of Baby Sabrina by MARLENE J. AISENBERG on November 22, 1997, denied that there was any bald spot on Baby Sabrina's head and stated that the hair was simply out of place due to "crusty stuff behind her ears."

26. On or about December 3,1997, STEVEN B. AISENBERG and MARLENE J. AISENBERG provided law enforcement agents with "time-lines" of their activities from the Saturday to the Sunday morning prior to Baby Sabrina's reported disappearance

27. On or about December 10, 1997, between 4:00 p.m. and 12:00 midnight, STEVEN B. AISENBERG and MARLENE J. AISENBERG repeatedly retreated into their bedroom in the AISENBERG residence and turned the stereo on loudly, so that law enforcement agents who were present in the kitchen area awaiting any "ransom" calls could not hear any conversations of the defendants in the bedroom.

28. On or about December 15,1997, STEVEN B. AISENBERG and MARLENE J. AISENBERG told an agent of the Federal Bureau of Investigation that they no longer wanted any law enforcement agents inside their residence to provide protection and to monitor for any "ransom" calls, even though the alarm system in their house would not be monitored externally until four days later.

29. On or about December 16, 1997, the first date since the reported kidnapping of Baby Sabrina on which there were no law enforcement agents situated inside the AISENBERG residence, at approximately 1:05 p.m., STEVEN B. AISENBERG told MARLENE J. AISENBERG that she has to be careful what she tells people, that she cannot talk to people outside the house, and that "what happens in this house stays in this house ...

30. On or about December 17, 1997, at approximately 5:35 p.m., MARLENE J. AISENBERG told STEVEN B. AISENBERG that she doesn't like lying to her father concerning the disappearance of Baby Sabrina, to which STEVEN B. AISENBERG responded that MARLENE J. AISENBERG should tell her father not to ask any questions concerning the case and that there are certain things that she can not say to her parents concerning the case.

31. On or about December 23, 1997, at approximately 1 0:00 a.m., STEVEN B. AISENBERG and MARLENE J. AISENBERG conducted a press conference at the office of their aftorney, read from a prepared statement, and refused to answer any questions posed by the media.

32. On or about December 23, 1997, at approximately 7:20 p.m., MARLENE J. AISENBERG and STEVEN B. AISENBERG discussed the death of Baby Sabrina and possible stories that they could tell the police about how they came up with the kidnapping story. MARLENE J. AISENBERG then told STEVEN B. AISENBERG, "The baby's dead and buried! It was found dead because you did it! The baby's dead no matter what you say - you just did it!"

33. On or about December 23, 1997, at approximately 7:20 p.m., STEVEN B. AISENBERG replied, "Honey, there was nothing I could do about it. We need to discuss the way that we can beat the charge. I would never break from the family pact and our story even if the police were to hold me down. We will do what we have to do."

34. On or about December 23, 1997, at approximately 7:20 p.m., MARLENE J. AISENBERG then stated, "if I'm gonna run away, who am I gonna run with?" STEVEN B. AISENBERG responded, "Are we, are we really going to, Mar? Where we gonna run away to?"

35. On or about December 23, 1997, STEVEN B. AISENBERG falsely stated to his mother that the Federal Bureau of Investigation had removed FBI agents from the AISENBERG house because they had another bigger case to investigate.

36. On or about December 24, 1997, at approximately 11:20 p.m., STEVEN B. AISENBERG and MARLENE J. AISENBERG discussed the possibility of neighbors being witnesses against STEVEN B. AISENBERG. STEVEN B. AISENBERG told MARLENE J. AISENBERG, "They can't hang me, the other four neighbors. They can't hang me unless you attack me before the evidence."

37. On or about December 24, 1997, at approximately 11:20 p.m., MARLENE J. AISENBERG stated, "Oh, Steve! I tried to save her, she died and ah, we can't confuse them, but we'll try it Hon, you know." MARLENE J. AISENBERG further stated, "I don't think I have to wait for Joe Sarge to take me to jail ..." STEVEN B. AISENBERG replied, "None of us expects that, I don't expect that to happen ... Then STEVEN B. AISENBERG and MARLENE J. AISENBERG discussed their "time-line goof up."

38. On or about January 5, 1998, at approximately 5:55 p.m., STEVEN B. AISENBERG warned MARLENE J. AISENBERG to pay aftention to what's around her and to discuss Baby Sabrina in the bedroom outside the presence of others. In response to MARLENE J. AISENBERG's question concerning what would happen if the authorities were to check the shed, STEVEN B. AISENBERG replied, "you know nothing."

39. On or about January 10, 1998, STEVEN B. AISENBERG and MARLENE J. AISENBERG appeared at the Missing Children Help Center in Brandon, Florida to stuff envelopes, after having arranged to have the media cover their appearance there. STEVEN B. AISENBERG and MARLENE J. AISENBERG refused to answer any questions from the media concerning the disappearance of Baby Sabrina.

40. On or about January 11, 1998, at approximately 8:45 a.m., STEVEN B. AISENBERG discussed with MARLENE J. AISENBERG a problem with the time-line that STEVEN B. AISENBERG and MARLENE J. AISENBERG had prepared for their attorney, stating that after MARLENE J. AISENBERG got up on November 24,1997, MARLENE J. AISENBERG had awakened William first, then Monica, then Baby Sabrina. MARLENE J. AISENBERG expressed concern to STEVEN B. AISENBERG that she would be in trouble.

41. On or about January 12,1998, STEVEN B. AISENBERG rehearsed and taped a statement that he planned to give and later gave to a Tampa radio station, WFLA 970.

42. On or about January 15, 1998, at approximately 9:10 p.m., MARLENE J. AISENBERG paged a law enforcement agent and told him that she had viewed a videotape of a baby made by a friend at a Texas airport, and that the baby depicted in the videotape might be Baby Sabrina (who would have been six months old at that time), and that the law enforcement agent needed to investigate this lead. The videotape, obtained by law enforcement agents, contained a depiction of an approximately 17-month-old toddler who was walking.

43. After the date referred to in Overt Act # 42 above, MARLENE J. AISENBERG told other individuals that there was a videotape of an infant taken in Texas and that the infant could be Baby Sabrina.

44. On or about January 21, 1998, at approximately 8:00 p.m., STEVEN B. AISENBERG and MARLENE J. AISENBERG were shown still and enlarged photographs made from the November 22, 1997 videotape that MARLENE J. AISENBERG had taken of Baby Sabrina. Immediately after viewing the photographs, showing what appeared to be injuries to the head and face of Baby Sabrina, MARLENE J. AISENBERG ran out of the room, and STEVEN B. AISENBERG fell silent, became red-faced, and nervously tapped a writing instrument on the table on which the photographs were displayed.

45. On or about January 21, 1998, at approximately 9:10 p.m., STEVEN B. AISENBERG talked to another individual concerning the law enforcement agents showing that individual photographs of injuries to Baby Sabrina, and asked the individual if the law enforcement agents had talked to the individual about the injuries to Baby Sabrina.

46. On or about January 21, 1998, after the conversation described in Overt Act #45 above, STEVEN B. AISENBERG and MARLENE J. AISENBERG discussed, in substance, how to respond to and explain the injuries to Baby Sabrina. Specifically, MARLENE J. AISENBERG referred to the photographs of Baby Sabrina in the possession of law enforcement agents as "them f---ing pictures, them f---ing pictures in that from video Sabrina ... MARLENE J. AISENBERG told STEVEN B. AISENBERG, "Um, um, about explaining these injuries ... will have to get [the AISENBERGs'aftorney] to do that."

47. On or about January 21, 1998, at approximately 9:00 p.m., STEVEN B. AISENBERG told MARLENE J. AISENBERG, "I wish I hadn't harmed her."

48. On or about January 21, 1998, at approximately 9:00 p.m., MARLENE J. AISENBERG told STEVEN B. AISENBERG, "I just can't take the rap for this."

49. On or about January 26, 1998, STEVEN B. AISENBERG and MARLENE J. AISENBERG opened up a Baby Sabrina account at Nations Bank to deposit monies received from individuals who desired to assist in the effort to locate Baby Sabrina.

50. On or about January 31,1998, at approximately 2:30 p.m., MARLENE J. AISENBERG, after being confronted by her father about what she had done with Baby Sabrina, responded, "I subconsciously did not do anything, do you understand?" MARLENE J. AISENBERG later stated, "Right now, right now, I can't see them having any evidence strong enough to indict me.... I can't imagine but they can try to indict me without a baby, but Kevin said it can happen without the baby's body, you'd have to have some strong evidence."

51. On or about January 31, 1998, STEVEN B. AISENBERG told MARLENE J. AISENBERG, "What we're gonna have to do is always turn on the radio if you presume they are listening."

52. On or about January 31, 1998, STEVEN B. AISENBERG and MARLENE J. AISENBERG discussed that they did not really remember what they originally told law enforcement agents, but would now say to the federal grand jury that the television alarm went off at 6:22 a.m. or 6:24 a.m.

53. On or about February 10, 1998, MARLENE J. AISENBERG told STEVEN B. AISENBERG that she was concerned about what a friend of hers would tell the federal grand jury concerning what MARLENE J. AISENBERG had told her friend the morning Baby Sabrina was reported missing. Later, STEVEN B. AISENBERG told MARLENE J. AISENBERG, "We're in hot water thanks to you." MARLENE J. AISENBERG replied that if the police indicated that the police know where Sabrina is, "I guess we'll just tell that, that they know Sabrina is out there in the water and they have to stay looking for her ..."

54. On or about February 17,1998, STEVEN B. AISENBERG and MARLENE J. AISENBERG discussed the Baby Sabrina situation, and the fact that "HRS" and the federal grand jury were still aftempting to obtain proof. STEVEN B. AISENBERG told MARLENE J. AISENBERG, "They don't know the truth, right?", to which MARLENE J. AISENBERG responded, "Yeah." MARLENE J. AISENBERG further told STEVEN B. AISENBERG, "So, so in a way, you know, that means nobody knows what we did still." STEVEN B. AISENBERG replied, "Exactly."

55. On or about February 25,1998, STEVEN B. AISENBERG, MARLENE J. AISENBERG, and an investigator for their aftorney met with other individuals and discussed how the media would "announce" the latest "lead" that STEVEN B. AISENBERG and MARLENE J. AISENBERG had presented to media representatives in an effort to make law enforcement appear that they were not properly investigating the disappearance of Baby Sabrina.

56. On or about February 26, 1998, MARLENE J. AISENBERG advised another individual that she had provided a family photograph to be utilized on a billboard requesting help in locating Baby Sabrina and that she had falsely represented that the photograph included Baby Sabrina.

57. On or about March 1, 1998, STEVEN B. AISENBERG and MARLENE J. AISENBERG schemed about trying to wrongly blame a Michigan man for the disappearance of Baby Sabrina.

58. In or about April 1998, STEVEN B. AISENBERG and MARLENE J. AISENBERG transferred monies from the Baby Sabrina bank account to their personal bank account and used the monies to pay off the balance on a Discover credit card.

59. In or about May 1998, STEVEN B. AISENBERG and MARLENE J. AISENBERG transferred monies from the Baby Sabrina bank account to their personal bank account and used the monies to pay off the balance on a Sears credit card. All in violation of Title 18, United States Code, Section 371.

COUNT TWO
A. Introduction
Part A of Count One is realleged and incorporated by reference as if set forth fully herein.

B. Charge
On or about November 24, 1997, at Valrico, in the Middle District of Florida,

STEVEN B. AISENBERG and MARLENE J. AISENBERG,

defendants herein, in a matter within the jurisdiction of the executive branch of the Government of the United States, did knowingly and willfully make and cause to be made materially false, fictitious, and fraudulent statements and representations to the Hillsborough County Sheriffs Office and the Federal Bureau Of Investigation concerning Baby Sabrina's disappearance in that the defendants stated that they had awakened and discovered that their infant daughter, Baby Sabrina, had been taken and kidnapped from their residence by an unknown person, when, in fact, as the defendants well knew, their infant daughter had not been taken and kidnapped from the defendants' residence by an unknown person.