Kin of Sailor in Code Card Theft Given Probation

The brother of a man convicted for stealing top-secret Navy code cards was sentenced Monday to five years’ probation for his role in the theft and attempted sale of the goods to a Secret Service agent.

U.S. District Judge Earl Gilliam imposed the sentence on 19-year-old Bruce Tobias, who Assistant U.S. Atty. Joan Weber said “has suffered the most and . . . tried the hardest to cooperate.”

Tobias pleaded guilty to a misdemeanor count of receiving stolen government property valued at less than $100.

Tobias lived in Chula Vista with his 21-year-old brother, Michael, a petty officer on the tank landing ship USS Peoria. Michael Tobias was found guilty last week of stealing 12 cryptographic cards, which were used for confidential communications among U.S. Naval vessels around the world.

Prison Term

Michael Tobias was responsible for destroying the 3 1/2-by-6 1/2-inch cards at the end of his duty shift on July 30, 1984. He faces a prison sentence of up to 55 years and fines of $70,000 when he is sentenced Nov. 11.

“The Tobias family has suffered enough because of the stupidity of Bruce Tobias’ brother’s actions,” said Weber, who told Gilliam she opposed additional prison time for Bruce Tobias. The teen-ager served 159 days in federal custody after his arrest a year ago.

Public Defender Ezekiel Cortez said Bruce Tobias was a victim of circumstances, who was “torn between his brother, family and a very serious situation.”

Gilliam ordered probation after asking Weber whether Bruce Tobias could provide any information about the whereabouts of two unrecovered cryptographic cards.

“The only two that knew about those are Frank Pizzo and Mike Tobias,” she said. “It would be like trying to squeeze blood out of a turnip to try to squeeze more information from Bruce Tobias at this point.”

Pizzo pleaded guilty earlier this month to five counts in the case and faces a maximum prison term of 35 years and $50,000 in fines when he is sentenced Oct. 3.