District of Maryland

Baltimore, Maryland – Dennis Drake, age 26, of Baltimore, Maryland, pleaded guilty yesterday to his role in a conspiracy to distribute fentanyl and heroin in Baltimore.

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Field Division; Baltimore City Sheriff Sam Cogen; Acting Commissioner Richard Worley of the Baltimore Police Department; and Chief Robert McCullough of the Baltimore County Police Department.

According to his guilty plea, from October 2020 through March 1, 2021, Drake was engaged in a drug trafficking conspiracy involving large amounts of fentanyl and heroin.  Drake and his co-conspirators operated a stash house in Pikesville, Maryland, where they processed fentanyl and other drugs, mixed the drugs with cutting agents, and packaged the drugs for re-sale.  Drake’s associates  drove the packaged drug products to drug shops operated by their drug trafficking organization, including specifically drug shops along Stricker, School and Gilmor Streets in Baltimore.

On March 1, 2021, law enforcement executed a search warrant at the stash house in Pikesville and recovered 6.8 kilograms of fentanyl, along with cutting agents and other drug-related paraphernalia.  Drake admitted that more than 400 grams, but less than 1.2 kilograms of fentanyl was reasonably foreseeable to him and handled in furtherance of the conspiracy.  Five co-conspirators previously pleaded guilty to their roles in the conspiracy and were sentenced to between 21 months and 10 years in federal prison.

U.S. District Judge George L. Russell, III has scheduled sentencing for Drake on November 27, 2023, at 9:30 a.m.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

United States Attorney Erek L. Barron commended the DEA, the Baltimore City Sheriff’s Office, the Baltimore Police Department, and the Baltimore County Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Jason D. Medinger and Ari Evans, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Benjamin Lawton, age 42, of Glen Burnie, Maryland, on August 23, 2023, to 19 years in federal prison, followed by 25 years of supervised release, for sex trafficking by force, fraud or coercion, in connection with his sex trafficking and or transportation of eight women to work for him in his prostitution business.  Judge Bennett also ordered that, upon his release from prison, Lawton will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).  Judge Bennett also ordered that Lawton must pay restitution to the victims in the full amount of their losses.   

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Amal E. Awad of the Anne Arundel County Police Department; Colonel Roland L. Butler, Jr., Superintendent of the Maryland State Police; and Anne Arundel County State’s Attorney Anne Colt Leitess.

According to his plea agreement, beginning in at least 2020, Lawton recruited, enticed, transported, advertised, and solicited at least eight victims by force, threats of force, or coercion into engaging in commercial sex acts.  Lawton enticed and coerced the victims to travel across state lines to engage in prostitution, transporting the victims himself or paying for airline tickets to transport the victims across state lines to engage in prostitution.

As detailed in the plea agreement, Lawton’s victims were expected to provide Lawton with all the money they made from commercial sex acts and Lawton threatened them with physical harm if they did not follow the rules.

For example, Lawton met Victim 1 through a female friend in March 2021.  Eventually, Lawton explained to Victim 1 that she belonged to him, and he took photos for commercial sex ads for both Victim 1 and her friend and taught Victim 1 how to engage in commercial sex acts.  Lawton also taught Victim 1 the text codes and rules.  When Victim 1 did not use the correct text code after one of her “dates,” Lawton slapped Victim 1 so hard that her eardrum burst.  Lawton put Victim 1 into hotel rooms near the BWI airport, around Washington, D.C. and in Northern Virginia, where she engaged in commercial sex and provided all the money she earned to Lawton. 

Victim 2 met Lawton in May 2021 through her relationship with Victim 1.  Lawton took Victim 2 to hotels in Washington, D.C. and near the BWI airport to engage in commercial sex acts.  Victims 1 and 2 were very close, and when Victim 2 failed to perform her date and commercial sex acts in the way Lawton required, Lawton assaulted Victim 1.  Lawton also punched Victim 3 in the eye when he found out that she did not give him all the money she earned; Lawton routinely threatened Victim 4, telling her that he would beat her so badly her family wouldn’t recognize her; Lawton threatened to kill Victim 5 and her family if she ever tried to leave; and Lawton assaulted Victim 6, injuring her eye, but refused to let her go to the emergency room or seek medical care for several weeks.  Between 2020 and 2022, Lawton deposited almost $100,000 in cash into his bank accounts made from the exploitation and trafficking of his victims.

This case was investigated by law enforcement agencies that are members of the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders.  Members include federal, state, and local law enforcement, as well as victim service providers and local community members.  For more information about the Maryland Human Trafficking Task Force, please visit http://www.mdhumantrafficking.org/.

United States Attorney Erek L. Barron commended the FBI, the Anne Arundel County Police Department, the Maryland State Police, and the Anne Arundel County State’s Attorney’s Office for their work in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/human-trafficking and https://www.justice.gov/usao-md/community-outreach.

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Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Scott Anthony Williams, age 45, of Laurel, Maryland and Taeyan Raymond Williams, age 26, of Morgantown, West Virginia to 23 years and 12.5 years in federal prison, respectively, each followed by five years of supervised release, for a drug trafficking conspiracy and for possession with intent to distribute controlled substances.  Scott Williams was also convicted for conspiracy to destroy and conceal evidence related to these crimes.  At sentencing, Judge Chuang gave the defendants an above guidelines sentence, in part, because he found that, at a minimum, Scott Williams and Taeyan Williams knew of, took advantage of, and profited from the murder of their marijuana supplier.  

The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Colonel Roland L. Butler, Jr., Superintendent of the Maryland State Police; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration (“DEA”), Washington Division; and Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore.

According to the evidence presented at the twelve-day trial, from approximately October 2017 until April 6, 2018, the victim sold and distributed marijuana and marijuana products to Scott Williams (“S. Williams”), Taeyan Williams (“T. Williams”), their family members, and associates.  The defendants sold the products received from the victim to other distributors for resale and to end drug users.  The defendants also sold and distributed cocaine to the victim for further distribution.  As a result of various transactions between the defendants and the victim, T. Williams and members of his family, including S. Williams, became indebted to the victim.  According to witness testimony, on April 6, 2018, the victim planned to meet with T. Williams and S. Williams to discuss the debt that they owed to the victim, and to provide the defendants with marijuana and marijuana products.

As detailed in trial testimony, shortly before that meeting, the victim’s supplier in California had a large shipment of marijuana and marijuana products delivered to the victim’s storage unit in Jessup, Maryland.  Trial evidence showed that on April 5, 2018, and April 6, 2018, the victim retrieved controlled substances from his storage unit in Jessup, Maryland and stayed at a short-term rental property in Baltimore, Maryland.  On the afternoon of April 6, the victim traveled from Baltimore to Laurel, Maryland, where S. Williams lived.  Location data reflects that at 1:32 p.m., the victim was approximately 1.5 miles from Scott Williams’ residence.  On April 6, 2018, at approximately 1:52 p.m., the victim saved a note to a ledger and accounting of marijuana that the victim sold to T. Williams and monies paid or owed from him, which the victim maintained in his email account.

The government presented evidence that on April 7, 2018, conspirators drove the victim’s vehicle to a Baltimore parking lot where they parked the vehicle, cleaned it, and then drove away in S. Williams’s rented car.  The victim’s DNA and blood were later recovered from the rear bumper, lift gate, passenger side door frame, and trunk carpeting of the victim’s abandoned vehicle.  Further, the evidence showed that between 8:37 p.m. on April 6, 2018, and 8:31 p.m. on April 8, 2018, someone in S. Williams’s rented car used the victim’s PIN number to enter the Jessup storage facility.  Between April 8, 2018, and June 6, 2018, the defendants hid the victim’s drugs in S. Williams’ home in Laurel.  When law enforcement executed a search warrant at the home on June 6, 2018, they recovered large quantities of marijuana, cocaine, and methamphetamine, as well as four firearms: a 9mm handgun; a 7.62 caliber-rifle; a .38 caliber handgun; and a .25 caliber handgun.  A copy of the victim’s ledger was also found under S. Williams’ bed in the home.  The body of the victim was never located.

During sentencing, Judge Chuang found that the death of the victim was connected to the drug conspiracy for which S. Williams and T. Williams were convicted; that the defendants knew of the killing of the victim; and that the defendants took advantage of the situation by taking the victim’s marijuana and profiting from it.

Finally, the evidence also proved that between June 6, 2018, and his initial appearance on federal charges in January 2019, S. Williams sought to conceal and destroy evidence related to the ongoing investigation, including by asking an associate to delete information from his electronic storage account and phone.   

United States Attorney Erek L. Barron commended the Maryland State Police, the DEA, and HSI for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Leah B. Grossi, William D. Moomau, and Michael C. Hanlon who prosecuted the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – Joseph Dinkins, age 40, of Baltimore, Maryland, pleaded guilty today to committing an armed commercial robbery.  

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation (“FBI”), Baltimore Field Office; and Acting Commissioner Richard Worley of the Baltimore Police Department (“BPD”).

According to his guilty plea, on November 18, 2020, February 15, 2021, and February 17, 2021, the defendant committed four armed robberies or attempted armed robberies of Family Dollar stores, three of which occurred at the same store.  In each robbery, the defendant demanded cash from a store employee, showing or implying that he had a weapon, and left the store with the cash register. 

As detailed in the plea agreement, in the second robbery committed on February 17, 2021, when Dinkins pulled out a weapon and demanded money from the employee, the employee ran outside.  Dinkins then grabbed the entire cash register and left the store.  But when he got outside, the employee had told individuals outside that the store was being robbed and the individuals attacked Dinkins.  Aerial surveillance saw the fight and called for backup.  When BPD officers arrived, the Family Dollar employees informed them that Dinkins had robbed the store.  Several officers also recognized Dinkins as being wanted for a robbery committed at a different Family Dollar store earlier that day.

A subsequent review of the surveillance footage from all four robberies identified Dinkins as the individual in each video.

Dinkins and the government have agreed that, if the Court accepts the plea agreement, Dinkins will be sentenced to 100 months in federal prison.  U.S. District Judge Ellen L. Hollander has scheduled sentencing for November 28, 2023, at 10:00 a.m. 

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the FBI and the BPD for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney John W. Sippel, Jr., who is prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced William R. Johnson, Jr., age 34, of Baltimore, Maryland, yesterday to 18 months in federal prison, followed by two years of supervised release, for a federal charge of honest services wire fraud, for seeking and accepting bribes and kickbacks, totaling at least $16,804, to falsely certify that applicants for Maryland handgun qualifying licenses (HQL) and wear and carry permits (CCW) had completed the required training.  Judge Bennett also ordered that Johnson must pay a money judgment of at least $16,804, representing the proceeds he obtained from the scheme. 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Robert McCullough of the Baltimore County Police Department.

As detailed in court documents, Johnson joined the Baltimore County Police Department and later obtained a qualified handgun instructor certificate from the Maryland State Police.  According to his guilty plea, from May 2019 through September 2021, Johnson solicited and accepted bribes and kickbacks from applicants seeking certain licenses in exchange for Johnson falsely certifying to the Maryland State Police that the applicant had completed the training required by law.  In conversations with the applicants, Johnson made clear that once they paid the money, Johnson would send them the required documentation and they did not need to attend the required classes.

United States Attorney Erek L. Barron commended the FBI and the Baltimore County Police Department for their work in the investigation and thanked Homeland Security Investigations Baltimore, and the Maryland State Police for their assistance.  Mr. Barron thanked Assistant U.S. Attorney Christine Goo, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – A federal grand jury has returned an indictment charging Christopher Kenji Bendann, age 39 of Baltimore, with five counts of sexual exploitation of a minor and with possession of child pornography.  The indictment was returned on August 16, 2023, and unsealed today upon Bendann’s arrest. 

The defendant had his initial appearance today in U.S. District Court in Baltimore.  U.S. Magistrate Judge Brendan Hurson ordered that Bendann be detained pending a detention hearing scheduled for Monday, August 21, 2023, at 10:00 a.m.  The detention hearing will be held in U.S. District Court in Baltimore before U.S. Magistrate Judge J. Mark Coulson.

The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron: Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Robert McCullough of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.

According to the six-count indictment, between September 16, 2017, and February 9, 2019, the defendant persuaded, induced, enticed, and coerced a minor victim to engage in sexually explicit conduct so that a visual depiction of that conduct could be produced and transmitted.  Further, the indictment alleges that Bendann possessed child sexual abuse material between September 1, 2017, and January 23, 2023.

If convicted, Bendann faces a mandatory minimum sentence of 15 years and a maximum sentence of 30 years in federal prison for each of the five counts of sexual exploitation of a minor and a maximum of 10 years in federal prison for possession of child pornography.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. 

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.

United States Attorney Erek L. Barron commended the FBI, the Baltimore County Police Department and the Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who is prosecuting the federal case.

 

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher today sentenced Keith Poynter, Jr., age 29, of Baltimore, Maryland, to 26 years federal prison, followed by five years of supervised release, for a robbery conspiracy, three counts of commercial robbery, conspiracy to use a firearm in furtherance of a crime of violence, two counts of using and brandishing a firearm during and in relation to a crime of violence, and for discharging a firearm during and in relation to a crime of violence.  The charges are all related to a series of armed commercial robberies committed in one day, and for discharging his weapon during one of the robberies.  A federal jury convicted Poynter of those crimes on April 24, 2023, after a four-day trial.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Acting Commissioner Richard Worley of the Baltimore Police Department; and Chief Robert McCullough of the Baltimore County Police Department.

According to court documents and evidence presented during his trial, Poynter conspired with others, including Benjamin Bunn, Jr. and Tiffany Gardner, to rob businesses in Baltimore City and Baltimore County.  Specifically, on December 6, 2019, Poynter and another man robbed a jewelry store in the 200 block of N. Howard Street.  The evidence showed that the other robber placed a machete in the door to prevent it from locking.  Poynter brandished a weapon and struck a glass countertop, causing the gun to fire.  Poynter then fired two more shots into another glass case and removed jewelry and other merchandise, all in the presence of store employees.  Poynter and the other man then got into a silver Acura TL, which was occupied and operated by Bunn and Gardner and left the area. 

A short time later, Poynter entered a jewelry store in the Security Square Mall in Baltimore County, approached a store employee, brandished a handgun, and demanded jewelry.  After taking the jewelry, Poynter left the store and got back into the silver Acura TL, where Bunn and Gardner waited.  The group then left the area.  Approximately two hours later, Poynter entered a pawn shop in the 6600 block of Reisterstown Road, brandished a firearm, demanded jewelry, and threatened to shoot a customer.  Poynter took jewelry and other merchandise and left the store, again entering the silver Acura TL where Bunn and Gardner waited.

Benjamin Bunn, Jr., age 37, of Baltimore, pleaded guilty to his role in the robberies a few days before trial began and is scheduled to be sentenced on September 6, 2023.  Tiffany Gardner, age 27, of Baltimore, also pleaded guilty and was sentenced to five years in federal prison.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the FBI, the Baltimore Police Department  and the Baltimore County Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney John W. Sippel, Jr., who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – Jose Alexander Diaz-Rodriguez, age 23, of Thurmont, pleaded guilty today sexual exploitation of a child, after he broke into his neighbor’s home and took sexually explicit photographs of a child. 

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Greg Eyler of the Thurmont Police Department; Chief Jason Landon of the Frederick Police Department; and Frederick County State’s Attorney J. Charles Smith, III.

According to his guilty plea, on July 26, 2021, Diaz-Rodriguez broke into his neighbor’s home and entered the bedroom where Jane Doe 1 and Jane Doe 2 were sleeping.  Diaz-Rodriguez got into bed with Jane Doe 1, who was eight years old, and produced a series of four images intending to create sexually explicit images of Jane Doe 1.  DNA from Diaz-Rodriguez was found on swabs from Jane Doe 1.

Jane Doe 1’s mother heard a noise and went into the room where she found Diaz-Rodriguez on the ground next to the bed.  Diaz-Rodriguez fled and was arrested a short time later at his residence.  A search warrant executed at his residence and his cell phone was seized.  A forensic examination of the phone located over 1,000 files depicting the sexual abuse of children, including the four images of Jane Doe 1, which Diaz-Rodriguez had deleted prior to police arrival.

Diaz-Rodriguez further admitted that he distributed child sex abuse material on his social media account, specifically an image documenting the sexual abuse of a child.

As part of his plea agreement, upon his release from prison, Diaz-Rodriguez will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”). 

Diaz-Rodriguez and the government have agreed that, if the Court accepts the plea agreement, Diaz-Rodriguez will be sentenced to 18 years in federal prison.  U.S. District Judge Richard D. Bennett has scheduled sentencing for November 20, 2023 at 2:30 p.m. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.

United States Attorney Erek L. Barron commended the FBI, the Thurmont Police Department, the Frederick Police Department and the Frederick County State’s Attorney’s Office for their work in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow and Special Assistant U.S. Attorney Joyce King, who prosecuted the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge Richard D. Bennett today sentenced Lawrence Aquilla Colby, IV, a/k/a “Buddy,” age 35, of Elkton, Maryland, yesterday to 50 years in federal prison, followed by lifetime supervised release, for his participation in a conspiracy to sexually abuse a child from the age of approximately four months to two years old, for producing and receiving images documenting the sexual abuse of the child, and for possession of child pornography.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Cecil County State’s Attorney James Dellmyer; and Cecil County Sheriff Scott Adams.

At his plea hearing, Colby admitted that he and his co-conspirator, Summer McCroskey, sexually abused a child, starting at the time the victim was approximately four months of age through at least October 2021, when the victim was two years old, and produced videos and images of the abuse.  Both Colby and McCroskey participated in the abuse.  Additionally, Colby received files documenting the sexual abuse of the child, which were sent to him by McCroskey.

On May 18, 2023, Judge Bennett sentenced co-defendant Summer McCroskey, age 25, also of Elkton, to 80 years in federal prison for her role in the conspiracy.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.   

United States Attorney Erek L. Barron commended the FBI, the Cecil County State’s Attorney’s Office and the Cecil County Sheriff’s Office for their work in the investigation and thanked Assistant U.S. Attorneys Paul E. Budlow and Colleen E. McGuinn who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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Greenbelt, Maryland – A federal jury yesterday convicted Lambert Mbom, age 50, of Riverdale, Maryland, for conspiracy to commit health care fraud and wire fraud and for conspiracy to make false statements relating to health care matters in connection with a scheme to fraudulently bill Medicaid.  The defendant’s conviction stems from a scheme involving services purportedly provided by Holy Health Care Services, LLC (“Holy Health”), a mental health services provider with locations in Washington, D.C.  The jury acquitted Mbom of conspiring to violate the Anti-Kickback Statute.

The guilty verdict was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge David Geist of the FBI Washington Field Office’s Criminal and Cyber Division; Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services (“HHS OIG”); and Daniel W. Lucas, Inspector General for the District of Columbia.

According to evidence presented at Mbom’s six-day trial, he was a program administrator at Holy Health.  Holy Health entered into Medicaid Provider Agreements with the District of Columbia’s Department of Health Care Finance (“DHCF”), to provide healthcare services to D.C. Medicaid recipients and was certified by the District of Columbia’s Department of Behavioral Health (“DBH”) to provide mental health services as a freestanding clinic and as a Mental Health and Rehabilitation Services (“MHRS”) provider.  As a certified MHRS provider, Holy Health had authority to provide and bill for a variety of mental health services including “community support” – a service for which community support workers (“CSWs”) provide rehabilitative and educational support to mental health patients both in clinical settings and in the community.  

According to evidence presented at trial, Mbom and his co-conspirators paid to Medicaid beneficiaries to induce the beneficiaries to visit Holy Health for mental health services.  As detailed in trial testimony, Mbom and his co-conspirators caused claims to be submitted by Holy Health to Medicaid for services, including community support services, purportedly provided to Medicaid beneficiaries. 

As detailed in trial testimony, Mbom and his co-conspirators paid individuals to come into the office and then used their personally identifiable information (“PII”) to bill Medicaid for services that were not rendered or were not rendered as billed.  The evidence proved that Mbom made up fake Holy Health employees who were purportedly Community Support Workers so that he could bill Medicaid for services provided by these fake employees.  Witnesses testified that during the investigation, sources posing as mental health patients were sent to Holy Health to obtain community support services.  Not only did the sources not receive the services as billed, but Holy Health billed for CSW services for those patients for visits that never happened.  

Mbom faces a maximum sentence of 20 years in federal prison for conspiracy to commit wire fraud and health care fraud; and a maximum of five years in federal prison for conspiracy to make a false statement regarding health care matters.  U.S. District Judge Paula Xinis has not yet scheduled sentencing.

The owners of Holy Health, Julius Bakari, age 45, and Mboutchock Kabiwa a/k/a “Eugenie Bakari” or “Eugenie Kabiwa,” age 45, both of Silver Spring, Maryland, previously pleaded guilty to conspiracy to commit health care fraud in connection with a scheme to pay bribes and kickbacks to Medicaid beneficiaries to induce the beneficiaries to visit their company.  Judge Paula Xinis has scheduled sentencing for Bakari on November 6, 2023 at 11:00 a.m. and for Kabiwa on November 21, 2023 at 10:00 a.m.

United States Attorney Erek L. Barron commended the FBI, the HHS OIG, and the District of Columbia Office of Inspector General’s Medicaid Fraud Control Unit for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Christopher M. Sarma, Jessica C. Collins, and Megan S. McKoy, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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Baltimore, Maryland – Tyrik Braxton, a/k/a “Son-Son,” age 25, of Baltimore, Maryland, pleaded guilty today to discharge of a firearm during a crime of violence resulting in death, in connection with a murder-for-hire conspiracy. 

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; Chief Gregory Der of the Howard County Police Department (“HCPD”); and Howard County State’s Attorney Rich Gibson.

According to the plea agreement, on October 4, 2020, Howard County Police responded to a shooting in the area of Basket Ring Road in Columbia.  Victim Juan Ross was found shot and killed at the scene.  Braxton admitted that he accepted money and assisted the co-conspirators who shot the victim, knowing that the victim was going to be killed.

As detailed in the plea agreement, a co-conspirator accused Juan Ross, age 23, of Columbia, Maryland, of cooperating with law enforcement, including on a live social media conversation on September 9, 2020, and in text messages.  Juan Ross was arrested on drug and weapon charges on September 5, 2020, but was released on bail after being interviewed by police.  

Braxton admitted that a co-conspirator solicited him to kill Juan Ross and that he accepted payment from the co-conspirator to commit the murder.  As detailed in the plea agreement, the defendant used interstate commerce facilities, specifically cellular telephones and a vehicle, in the commission of the murder-for-hire.

According to court documents, on October 4, 2020, after a text message exchange about the address where they could find the victim, Braxton, co-defendant Daquante Thomas and another co-conspirator drove to the area of Basket Ring Road in Columbia to locate Juan Ross.  After locating the victim, they drove to a drug store nearby, where Braxton got out of the car.  As detailed in Daquante Thomas’s plea agreement, he and the other co-conspirator then returned to the area of Basket Ring Court, shot and killed Juan Ross and drove away together. 

On November 20, 2020, HCPD executed a series of search warrants, including at Braxton’s residence, where Braxton was arrested.  Law enforcement recovered a .45-caliber handgun with magazine and ammunition under the mattress in Braxton’s bedroom; a blue backpack containing $2,134 in cash, located under the bed and Braxton’s iPhone, located next to the bed.  The phone contained photos of Braxton and his co-conspirators and Braxton admitted that they were his co-conspirators in the murder-for-hire of Juan Ross.

Braxton and the government have agreed that, if the Court accepts the plea, Braxton will be sentenced to between 20 and 25 years in federal prison.  U.S. District Judge Julie R. Rubin has scheduled sentencing for November 8, 2023, at 2:00 p.m. 

On January 11, 2023, Judge Rubin sentenced co-defendant Daquante Thomas, age 20, of Baltimore, to 35 years in federal prison for discharge of a firearm during a crime of violence resulting in death.  Thomas admitted that he was one of the shooters.

Co-defendant Jourdain Larose, a/k/a “JBlacc,” age 27, of Ellicott City, Maryland, is charged with a federal murder-for-hire conspiracy, use of interstate commerce facilities in the commission of a murder-for hire and use and discharge of a firearm during a crime of violence resulting in death.  He remains detained while he awaits trial.  An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN).  NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms.  NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.  For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

United States Attorney Erek L. Barron commended the ATF, the Howard County Police Department, and the Howard County State’s Attorney’s Office for their work in the investigation and prosecution and thanked the FBI, the Maryland State Police, the Anne Arundel County Police Department, the Baltimore County Police Department, and the Baltimore Police Department for their assistance.  Mr. Barron thanked Assistant U.S. Attorney Kim Y. Hagan, who is prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.

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Corporación Financiera Colombiana S.A. (Corficolombiana), a Colombian financial services institution, has agreed to pay over $80 million to resolve parallel bribery investigations by criminal, civil, and administrative authorities in the United States and Colombia stemming from the company’s involvement in a scheme to pay millions of dollars in bribes to high-ranking government officials in Colombia. 

The U.S. Department of Justice’s resolution is coordinated with authorities in Colombia, as well as the U.S. Securities and Exchange Commission (SEC). 

According to court documents, Corficolombiana entered into a three-year deferred prosecution agreement (DPA) with the Department in connection with a criminal information filed in the District of Maryland charging the company with conspiracy to violate the anti-bribery provision of the Foreign Corrupt Practices Act (FCPA). Corficolombiana was majority-owned and controlled by Grupo Aval Acciones y Valores S.A., a Colombian holding company and issuer in the United States.

According to court documents, between 2012 and 2015, Corficolombiana conspired to offer and pay more than $23 million in bribes to high-ranking Colombian government officials in order to win a contract to construct and operate a highway toll road known as the Ocaña-Gamarra Extension. Corficolombiana conspired with Odebrecht S.A. (Odebrecht), a global construction conglomerate based in Brazil, to pay bribes to Colombian government officials in the executive and legislative branches and to an executive at Colombia’s state-owned infrastructure agency, in order to win the rights to construct and operate the Ocaña-Gamarra Extension. To carry out the bribery scheme, Corficolombiana caused other entities to enter into fictitious contracts with companies associated with intermediaries that passed along the bribe payments to the Colombian government officials. Ultimately, Corficolombiana earned approximately $28.63 million in profits from the corruptly obtained business.

“Corficolombiana, together with its co-conspirators, agreed to pay more than $20 million in bribes to high-ranking government officials across the Colombian government to win a massive infrastructure project,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Today’s resolution – the first-ever coordinated with Colombian authorities in a foreign bribery case – reflects the Justice Department’s commitment to working shoulder-to-shoulder with our foreign partners to combat transnational corruption and hold accountable companies that brazenly pay bribes for economic gain.”

“Corficolombiana has acknowledged its role in a significant foreign bribery scheme, and for that it is being held accountable,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Under the DPA, the company is paying a substantial criminal penalty and will continue to cooperate with the United States in criminal investigations relating to this conduct. My office is pleased to be part of this first-ever joint FCPA bribery prosecution with Colombian authorities.”

Pursuant to the DPA, Corficolombiana will pay a criminal penalty of $40.6 million. The Department has agreed to credit up to half of that criminal penalty against money that the company and its subsidiary, Estudios y Proyectos del Sol S.A.S. (Episol), paid to Colombia’s Superintendencia de Industria y Comercio (SIC), for violations of Colombian laws related to the same conduct, so long as the company and Episol drop their appeals of the SIC resolution. In addition, Corficolombiana will pay over $40 million in disgorgement and prejudgment interest as part of a resolution of the SEC’s parallel investigation.

Corficolombiana also agreed to continue cooperating with the Department in any ongoing or future criminal investigations relating to this conduct. In addition, under the agreement, Corficolombiana agreed to continue enhancing its compliance program and providing reports to the Department regarding remediation and the implementation of compliance measures for the term of the DPA.

“Today’s resolution shows that justice has a steep price for those who attempt to bribe foreign government officials,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Schemes like these violate the Foreign Corrupt Practices Act and are an attempt to fundamentally undermine the spirit of economic competition. The FBI is dedicated to protecting the integrity of the global marketplace, which means investigating bribes of any amount, and preventing the corruption of officials at all levels.”

The Department reached this resolution with Corficolombiana based on a number of factors, including, among others, the nature and seriousness of the offense. Corficolombiana received credit for its cooperation with the Department’s investigation, which included (i) timely providing the facts obtained through the company’s internal investigation; (ii) making numerous detailed factual presentations that distilled certain key factual information; (iii) producing documents that the government may not otherwise have had access to in ways that did not implicate foreign data privacy laws; (iv) providing sworn testimony from Colombian criminal and administrative proceedings of relevant witnesses whom the government could not independently interview; (v) proactively identifying information previously unknown to the government; and (vi) collecting and producing voluminous relevant documents and translations, including documents located outside of the United States.

The company promptly engaged in extensive remedial measures including, among other things (i) conducting a root cause analysis of the conduct identified during internal investigations and promptly taking actions to enhance its corporate governance and controls at joint venture entities, as well as improving its oversight of non-controlled joint ventures and investments; (ii) overhauling its compliance program; (iii) enhancing its third-party intermediary risk management process; (iv) implementing a robust process for reporting and investigating allegations of misconduct; (v) establishing a disciplinary process overseen by a cross-functional ethics committee; (vi) conducting testing of its anticorruption compliance program; and (vii) engaging in a periodic review of and updating of its anticorruption compliance program. In light of these considerations, the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 30% reduction off the bottom of the applicable guidelines fine range.   

The FBI’s International Corruption Squad in Miami is investigating the case. The Justice Department’s Office of International Affairs, Colombia’s Superintendencia de Industria y Comercio, and the Fiscalía General de la Nación provided substantial assistance in the matter.

Trial Attorney Michael Culhane Harper of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David I. Salem for the District of Maryland are prosecuting the case. 

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

La Corporación Financiera Colombiana S.A. (Corficolombiana), una institución colombiana de servicios financieros, ha acordado pagar más de $80 millones de dólares estadounidenses para resolver las investigaciones paralelas sobre sobornos realizadas por autoridades penales, civiles y administrativas de los Estados Unidos y Colombia, derivadas del involucramiento de la empresa en un ardid para pagar millones de dólares en sobornos a altos funcionarios del Gobierno de Colombia. 

La resolución del Departamento de Justicia de EE. UU. se coordina con las autoridades de Colombia, así como con la Comisión de Bolsa y Valores (SEC, por su siglas en inglés) de EE. UU. 

Según los documentos del tribunal, Corficolombiana firmó un acuerdo de procesamiento diferido (DPA, por sus siglas en inglés) de tres años con el Departamento en relación con una querella penal presentada en el Tribunal de Distrito de Maryland en la que se le imputaba el cargo de asociación delictuosa para violar la disposición contra el soborno de la Ley de Prácticas Corruptas en el Extranjero (FCPA, por sus siglas en inglés). Corficolombiana era propiedad mayoritaria y estaba controlada por el Grupo Aval Acciones y Valores S.A., un holding colombiano y emisor en los Estados Unidos.

Según los documentos del tribunal, entre 2012 y 2015, Corficolombiana se unió en una asociación delictuosa para ofrecer y pagar más de $23 millones de dólares estadounidenses en sobornos a altos funcionarios del gobierno colombiano con el fin de obtener un contrato para construir y operar una autopista de peaje conocida como la Ampliación Ocaña-Gamarra. Corficolombiana se unió en una asociación delictuosa con Odebrecht S.A. (Odebrecht), un conglomerado mundial de la construcción con sede en Brasil, para pagar sobornos a funcionarios del gobierno colombiano de las ramas ejecutiva y legislativa y a un ejecutivo de la entidad de infraestructuras de propiedad estatal de Colombia, con el fin de obtener los derechos para construir y operar la Ampliación Ocaña-Gamarra. Para llevar a cabo el ardid de sobornos, Corficolombiana causó que otras entidades firmaran contratos ficticios con empresas asociadas con intermediarios que pasaban los pagos de sobornos a los funcionarios del gobierno colombiano. En última instancia, Corficolombiana obtuvo aproximadamente $28.63 millones de dólares estadounidenses de ganancias provenientes de los negocios obtenidos de forma corrupta.

“Corficolombiana, junto con sus coconspiradores, acordó pagar más de $20 millones de dólares estadounidenses en sobornos a altos funcionarios del Gobierno colombiano para conseguir un gran proyecto de infraestructuras,” declaró la fiscal general adjunta en funciones Nicole M. Argentieri, de la División Penal del Departamento de Justicia. “La resolución de hoy, la primera coordinada con las autoridades colombianas en un caso de soborno en el extranjero, refleja el compromiso del Departamento de Justicia de trabajar hombro a hombro con nuestros socios extranjeros para combatir la corrupción transnacional y exigir responsabilidades a las empresas que descaradamente pagan sobornos para obtener beneficios económicos”.

“Corficolombiana ha reconocido su papel en un importante ardid de sobornos en el extranjero, y por ello se le exigen responsabilidades,” dijo el fiscal federal del Distrito de Maryland, Erek L. Barron. “En virtud del DPA, la empresa está pagando una importante sanción penal y seguirá cooperando con los Estados Unidos en las investigaciones penales relacionadas con esta conducta. Mi oficina se complace en ser parte de este primer procesamiento conjunto con las autoridades colombianas por sobornos en el marco de la FCPA”.

De conformidad con el DPA, Corficolombiana pagará una sanción penal de $40.6 millones de dólares estadounidenses. El Departamento ha acordado descontar hasta la mitad de esa sanción penal del dinero que la empresa y su filial, Estudios y Proyectos del Sol S.A.S. (Episol), pagaron a la Superintendencia de Industria y Comercio (SIC) de Colombia, por violaciones de las leyes colombianas relacionadas con la misma conducta, siempre que la empresa y Episol desistan de apelar la resolución de la SIC. Además, Corficolombiana pagará más de $40 millones de dólares estadounidenses en concepto de reembolso por daños y perjuicios e intereses como parte de la resolución de la investigación paralela de la SEC.

De conformidad con el DPA, Corficolombiana ha acordado seguir cooperando con el Departamento en cualquier investigación penal en curso o futura relacionada con esta conducta. Además, en virtud del acuerdo, Corficolombiana acordó seguir mejorando su programa de cumplimiento normativo y proporcionar informes al Departamento en relación con la reparación y la aplicación de medidas de cumplimiento normativo durante el término del DPA.

“La resolución de hoy demuestra que la justicia tiene un precio muy alto para quien intenta sobornar a funcionarios de gobiernos extranjeros,” declaró el subdirector Luis Quesada, de la División de Investigaciones Penales del FBI. “Ardides como este violan la Ley de Prácticas Corruptas en el Extranjero y son un intento de socavar fundamentalmente el espíritu de la competencia económica. El FBI se dedica a proteger la integridad del mercado mundial, lo que significa investigar los sobornos de cualquier cuantía y prevenir la corrupción de funcionarios a todos los niveles”.

El Departamento llegó a esta resolución con Corficolombiana basándose en una serie de factores, incluso, entre ellos, la naturaleza y gravedad de la infracción. Corficolombiana recibió crédito por su cooperación con la investigación del Departamento, que incluyó (i) la entrega oportuna de los datos obtenidos a través de la investigación interna de la empresa; (ii) la realización de numerosas presentaciones detalladas de hechos que resumían cierta información clave sobre los hechos; (iii) la presentación de documentos a los que, de otro modo, el gobierno no habría tenido acceso de forma que no implicaran leyes extranjeras de privacidad de datos; (iv) la prestación de testimonio jurado de procedimientos penales y administrativos colombianos de testigos relevantes a los que el gobierno no pudo entrevistar de forma independiente; (v) la identificación proactiva de información previamente desconocida para el gobierno; y (vi) la recolección y producción de voluminosos documentos y traducciones relevantes, incluso documentos ubicados fuera de los Estados Unidos..

La empresa emprendió rápidamente amplias medidas correctoras que incluían, entre ellas (i) la realización de un análisis de las causas profundas de las conductas detectadas durante las investigaciones internas y la pronta adopción de medidas para mejorar su gobierno corporativo y sus controles en las entidades de empresas conjuntas, así como la mejora de su supervisión de las empresas conjuntas e inversiones no controladas; (ii) la revisión de su programa de cumplimiento normativo (iii) la mejora de su proceso de gestión de riesgos de terceros intermediarios; (iv) la aplicación de un proceso sólido para informar e investigar alegatos de mala conducta; (v) el establecimiento de un proceso disciplinario supervisado por un comité de ética interfuncional; (vi) la realización de pruebas de su programa de cumplimiento anticorrupción; y (vii) la realización de una revisión periódica y la actualización de su programa de cumplimiento anticorrupción. A la luz de estas consideraciones, la sanción penal calculada con arreglo a las Directrices sobre sentencias de EE. UU. refleja una reducción del 30% de la parte inferior de la gama de multas establecida.   

La Brigada de Corrupción Internacional del FBI en Miami está investigando el caso. La Oficina de Asuntos Internacionales del Departamento de Justicia, la Superintendencia de Industria y Comercio y la Fiscalía General de la Nación de Colombia proporcionaron asistencia sustancial en el asunto.

El fiscal Michael Culhane Harper, de la Sección de Fraude de la División Penal, y el fiscal auxiliar de los EE. UU. David I. Salem para el Distrito de Maryland, están procesando el caso. 

La Sección de Fraude de la División Penal se encarga de investigar y procesar los asuntos relacionados con la FCPA. Además, puede obtenerse más información sobre la aplicación de la FCPA por el Departamento de Justicia en www.justice.gov/criminal/fraud/fcpa.

Baltimore, Maryland – A federal grand jury returned an indictment charging Reginald Davis, age 40, of Baltimore, Maryland, for wire fraud and money laundering relating to the submission of fraudulent COVID-19 CARES Act loan applications.  Davis is the former Chief Executive Officer of Strong City Baltimore (“SCB”), established in Maryland in 2015 as a non-profit organization serving individuals, community associations, institutions, and businesses in Baltimore.  The indictment was returned on August 3, 2023, and unsealed today upon the arrest of the defendant.

Reginald Davis is expected to have an initial appearance in U.S. District Court in Baltimore at 1:30 p.m. this afternoon.

The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.

“Davis allegedly stole well over one million taxpayer dollars intended to assist those suffering from the effects of the pandemic,” said United States Attorney Erek L. Barron.  “It remains a top priority of my office to hold accountable those who took unfair advantage of the COVID-19 pandemic relief.”

“Organizations seeking to better the city of Baltimore entrusted Strong City Baltimore and Reginald Davis to help manage their money,” said Special Agent in Charge Thomas J. Sobocinski of the FBI's Baltimore field office. “Davis is accused of exploiting that trust by orchestrating this unscrupulous scheme and misusing federal CARES Act funds to cover up his criminal behavior.  This indictment serves as a message that the FBI and our partners are working hard every day to protect taxpayers.”

“Mr. Davis’s indictment demonstrates IRS Criminal Investigation and our law enforcement partners commitment to holding accountable those who exploited pandemic related programs,” Kareem A. Carter, Acting Special Agent in Charge of the Internal Revenue Service – Criminal Investigation Washington, D.C. Field Office. “We are committed to rooting out pandemic-related fraud and holding accountable anyone seeking to profit from the public health emergency.”

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. Financial assistance offered through the CARES Act included forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program.  PPP loan applications were processed and funded by participating lenders with a 100% guarantee by the Small Business Administration (“SBA”). 

According to the three-count indictment, in January 2018, Non-Profit 1 entered into a fiscal sponsorship arrangement with SCB under which SCB provided administrative support for Non-Profit 1, including fiduciary services, governance, and funds management.  In return, SCB received a regular payment from Non-Profit 1 for services rendered.  The parties signed a Memorandum of Agreement that required SCB to deposit funds received on behalf of Non-Profit 1 into a restricted set of funding sources in SCB’s fiscal management system. Non-Profit 3 and Non-Profit 5 entered into similar fiscal sponsorship arrangements with SCB, including an agreement with each non-profit to deposit its funds into a set of restricted funding sources.  SCB also had a fiscal sponsorship arrangement with Non-Profit 4 which contained an agreement by SCB to provide services with integrity and responsibility and noted that “funds must be disbursed according to strict IRS [Internal Revenue Service] standards.” 

SCB’s Alleged Mismanagement of Non-Profit Client Funds

The indictment further alleges that SCB did not set up restricted funding sources for funds related to Non-Profit 1, Non-Profit 3 or Non-Profit 5, instead depositing those funds into SCB’s general checking account (“the 4885 account”).  From August 2016 through December 2019, SCB received funds and improperly used client assets with donor restrictions to fund SCB’s own operating expenses, contrary to its agreement with the clients to safeguard those funds on the clients’ behalf.

For example, on January 24, 2018, Non-Profit 1 transferred approximately $451,866.19 to SCB for fiscal management.  SCB entered the full amount of Non-Profit 1’s funds into the 4485 account and did not segregate the funds or make any attempt to ensure that the money was used only for Non-Profit 1.  As detailed in the indictment, SCB used these funds to pay general expenses unrelated to Non-Profit 1.  In April 2020, Non-Profit 1 merged with Non-Profit 2, a larger Maryland non-profit organization with a similar purpose.  SCB provided regular statements of revenue and expenditures to Non-Profit 1 and, after its merger, to Non-Profit 2.  These statements listed “ENDING FUND BALANCE” for Non-Profit 1 which were often far greater than SCB’s total assets.  For example, on July 31, 2019, SCB reported to Non-Profit 1 that Non-Profit 1 had approximately $653,000 in an “ENDING FUND BALANCE.”  But at that time, SCB’s total assets on hand were approximately $286,000.  On January 31, 2020, SCB reported that Non-Profit 1 had approximately $827,000 in an “ENDING FUND BALANCE.”  At that time, SCB’s total assets on hand was approximately $339,000, a shortfall of over $480,000.

On August 28, 2020, a member of the leadership team of Non-Profit 2 spoke by phone with Davis about ending Non-Profit 2’s fiscal relationship with SCB and creating a payment schedule for SCB to transfer back to Non-Profit 2 its total outstanding funds, which equaled approximately $600,000.  Davis agreed that SCB would provide the total outstanding balance to Non-Profit 2 with an initial 25% payment, to be followed by four equal payments that were to be made by January 2021.  Davis assured Non-Profit 2’s representative that SCB was able to meet this obligation but needed to manage the disbursements over a longer period of time because of financial demands across SCB’s “portfolio of organizations.”  Despite numerous promises by Davis and other SCB employees, by March 2021, SCB had made only one payment to Non-Profit 2 of approximately $319,000 and still owed approximately $610,207. 

March 13, 2021 PPP Loan

From January 2021 to March 2021, Davis allegedly submitted six PPP loan applications on behalf of SCB to Bank 1, a participating PPP lender, in order to cover shortfalls in SCB’s accounts that were owed to the fiscally-sponsored organizations. According to the indictment, these shortfalls had arisen because SCB improperly used assets with donor restrictions to pay SCB operating expenses, including salaries to its own employees.  Each PPP loan application contained false statements, including varying amounts of average monthly payroll for SCB and the intended use of the loan funds.  Davis electronically signed all the applications, certifying that any funds received would be used for allowed purposes.  In furtherance of the scheme, Davis also caused SCB to open a new bank account (“the 3365 account”), although no funds were placed in the account.  On May 13, 2021, Davis was notified that SCB’s application had been approved. 

In anticipation of receiving the PPP loan funds, Davis sent an email to an SCB employee with a list of priorities.  Davis allegedly stated, “…Among my list please it should include outstanding AP [accounts payable], outstanding rent and Non-Profit 1, and board member loans.”  Payments for board member loans and debt settlement with Non-Profit 1 were not allowable uses of PPP funds.

On March 16, 2021, Bank 1 deposited approximately $1,426,922 in PPP funds into the 4485 account and on March 23, 2021, Davis caused $800,000 to be transferred from the 4485 account to the 3365 account.  Prior to the transfer, the 3365 account had a negative balance of approximately $20.00, after being charged a bank fee for not having funds in the account.  On March 29, 2021, the full balance of $799,980.00 was transferred from the 3365 account back to 4485 account.  That amount represented the $800,000 of PPP loan proceeds minus the $20.00 debit in the 3365 account.

As detailed in the indictment, between March 26, 2021 and April 2, 2021, Davis and SCB used a total of approximately $625,405.64 in PPP loan funds to close out SCB’s fiscal sponsorship arrangement with Non-Profit 2, Non-Profit 3, and Non-Profit 4, all of which had terminated their fiscal sponsorship arrangements with SCB between June and September 2020.  On April 9, 2021, $6252.39 was transferred from the 4485 account to Non-Profit 5.  Neither Davis nor any other SCB employee informed their former non-profit clients that the funds they received were the proceeds of a PPP loan, or that there were any restrictions on the use of funds.

If convicted, Davis faces a maximum sentence of 20 years in federal prison for wire fraud and a maximum of 10 years in federal prison for each of two counts of money laundering.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. 

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.  The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic.  The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.  The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.  

For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.  Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

United States Attorney Erek L. Barron commended the FBI and IRS-CI for its work in the investigation and thanked the Baltimore City Office of Inspector General for its assistance.  Mr. Barron thanked Assistant U.S. Attorneys Aaron S. J. Zelinsky and Joseph L. Wenner, who are prosecuting the case.  He also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber and Paralegal Specialist Jenna Lee. 

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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Greenbelt, Maryland – MS-13 member Kevin Alexander Castillo Calderon, a/k/a “Fantasma,” “Ghost,” “Eterno,” and “Josue Argueta Gonzalez,” age 25, of Colesville, Maryland, pleaded guilty today to a racketeering conspiracy, including a murder. 

The sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.

According to court documents, the La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, as well as throughout the United States.  In Maryland and elsewhere, MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region.  MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs.  One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.  Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang and opens the door to promotion to a leadership position. 

According to his plea agreement, Castillo Calderon was a member and associate of Weedams Locos Salvatrucha, (“WLS”), an MS-13 clique operating primarily in Adelphi, Maryland.  

As detailed in court documents, on August 8, 2020, WLS members, including Castillo Calderon, WLS leader Brayan Alexander Torres and Franklyn Sanchez, were gathered at a park in Prince George’s County, Maryland.  Castillo Calderon, Torres, Sanchez and other WLS members agreed to murder Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt.  Sanchez and another MS-13 member murdered Victim 4, then WLS members dragged Victim 4’s body to a stream and left it there.  Castillo Calderon then picked up a large rock and dropped it on Victim 4’s head.  As he was leaving the woods, Sanchez was concerned that his DNA may have been left on the body.  To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, other WLS members were called and ordered to bring shovels to the wooded area, where they dug a hole and buried Victim 4’s body.  In addition, at Torres’ direction, Castillo Calderon took the guns used to shoot Victim 4 and Victim 4’s cell phone, put them in a bag he was carrying and disposed of the evidence.  Victim 4’s body was later recovered with a bullet wound to the head.

Castillo Calderon was also responsible for collecting extortion payments, or “rents,” from extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury by members of WLS.  For example, gang members used baseball bats to impose rents and sometimes collected rent while flashing firearms or otherwise making it known that they were carrying weapons.

Castillo Calderon and the government have agreed that, if the Court accepts his plea, Castillo Calderon will be sentenced to 26 years in federal prison.  U.S. District Judge Paula Xinis has scheduled sentencing for November 7, 2023 at 2:30 p.m.  Co-defendant Torres, a/k/a “Spooky,” age 29, of Adelphi, Maryland, is expected to be sentenced to 28 years in federal prison at his sentencing on September 13, 2023.  Torres will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 4’s estate.  On May 19, 2023, Judge Xinis sentenced Franklyn Edgardo Sanchez, a/k/a “Freddy,” “Magic,” “Miclo,” and “Delinquente,” age 26, of Adelphi, Maryland, to 28 years in federal prison and ordered that Sanchez must pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates. 

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement.  The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know.  You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.    

United States Attorney Barron and Assistant Attorney General Polite commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked U.S. Immigration and Customs Enforcement-Enforcement and Removal Operations and the Montgomery County Police Department for their assistance.  Mr. Barron thanked Assistant U.S. Attorney Joel Crespo, and Trial Attorney Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – A federal jury in Maryland convicted Ron Elfenbein, M.D., age 49, of Arnold, Maryland, for five counts of healthcare fraud for submitting over $15 million in false and fraudulent claims to Medicare and other insurers for patients who received COVID-19 tests at sites operated by the defendant.  Elfenbein is the first doctor convicted at trial by the Justice Department for health care fraud in billing for office visits in connection with patients seeking COVID-19 tests.

The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Maureen Dixon for the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher Dillard of the Department of  Defense Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office; Special Agent in Charge Thomas Sobocinski for the FBI Baltimore Field Office, and Deputy Assistant Inspector General for Investigations Conrad J. Quarles, Office of the Inspector General (OPM-OIG).   

According to the evidence presented at his three-week trial, Elfenbein owned and operated Drs ERgent Care, LLC, d/b/a First Call Medical Center and Chesapeake ERgent Care.  Drs ERgent care operated drive-through COVID-19 testing sites in Anne Arundel and Prince George’s Counties.  Elfenbein instructed the employees of Drs ERgent Care that, in addition to billing for the COVID-19 test, the employees were to bill for high-level evaluation and management visits.  In reality, these visits were not provided to patients as represented.  Rather, Elfenbein instructed his employees that the patients were “there for one reason only – to be tested,” that it was “simple and straightforward,” and that the providers were “not there to solve complex medical issues.”  Many of these patients were asymptomatic, were getting tested for COVID-19 for their employment requirements, or who were getting tested for COVID-19 so that they could travel.  Elfenbein, through Drs ERgent Care, submitted or caused the submission of claims totaling more than $15 million to Medicare and other insurers for these high-level office visits.

Elfenbein faces a maximum sentence of 10 years in federal prison for each of the five counts of healthcare fraud for which he was convicted.  Chief U.S. District Judge James K. Bredar has scheduled sentencing for November 7, 2023 at 4:00 p.m.

The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.  Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.

United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite commended the HHS-OIG, DCIS, the FBI, and OPM-OIG for their work in the Elfenbein investigation.  Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney Matthew P. Phelps and Trial Attorney D. Keith Clouser of the Justice Department’s Fraud Section, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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Baltimore, Maryland – U.S. District Judge Paula Xinis today sentenced Jose Henry Hernandez-Garcia, a/k/a “Paciente,” age 29, of Annandale, Virginia, to life in federal prison for racketeering and murder in aid of racketeering conspiracies, for committing murder in aid of racketeering, and for conspiracy to destroy and conceal evidence connected to his participation in La Mara Salvatrucha, a transnational criminal enterprise also known as MS-13.  The charges related to the murder of a victim believed to be cooperating with law enforcement and the subsequent cover-up of the murder.  Hernandez-Garcia was convicted on December 16, 2022, after a two-week trial, along with co-defendants Jose Domingo Ordonez-Zometa, a/k/a “Felon,” age 33, of Landover Hills, Maryland and Jose Rafael Ortega-Ayala, a/k/a “Impaciente,” age 30, of Greenbelt, Maryland.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Acting Special Agent in Charge David Geist of the Federal Bureau of Investigation - Washington Field Office Criminal and Cyber Division; Special Agent in Charge James C. Harris of Homeland Security Investigations, Baltimore Office; Stafford County Sheriff David P. Decatur; Chief Malik Aziz of the Prince George’s County Police Department; and Chief Kevin Davis of the Fairfax County Police Department.

MS-13, one of the largest street gangs in the United States, is a national and international gang composed primarily of immigrants or descendants from El Salvador and other central American countries.  Branches or “cliques” of MS-13, operate throughout the United States, including in Maryland, Virginia, and Washington, D.C.  Hernandez-Garcia and his co-defendants were members and associates of the Los Ghettos Criminales Salvatruchas (“LGCS” or “Ghettos”) clique of MS-13.  

Members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons, at all times, using any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence.  One of the principal rules of MS-13 is that its members must attack and kill rivals, often referred to as “chavalas,” whenever possible.  Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to promotion to a leadership position. 

According to evidence presented at trial, Ordonez-Zometa, the leader of the LGCS clique, called a meeting of the LGCS clique at his house on March 8, 2019, to discuss gang matters, including recent contacts that a clique member (Victim 1) had with the police.  Hernandez-Garcia, Ortega-Ayala, Victim 1, and other MS-13 members participated in the meeting, during which Ordonez-Zometa questioned Victim 1 about his/her cooperation with police.

During the questioning, Hernandez-Garcia, his co-defendants and at least one other MS-13 member assaulted Victim 1, based on their incorrect suspicions that Victim 1 was cooperating with law enforcement.  They also assaulted another MS-13 member who attempted to defend Victim 1.  The assault culminated with Ordonez-Zometa, as LGCS clique leader, ordering that Victim 1 be killed.  Hernandez-Garcia, Ortega-Ayala, and other MS-13 members then stabbed and murdered Victim 1 in Ordonez-Zometa’s basement. 

According to trial testimony, after the murder, Ordonez-Zometa ordered Hernandez-Garcia, Ortega-Ayala, and other LGCS clique members and co-conspirators, to conceal and destroy evidence of the murder.  Ortega-Ayala and other MS-13 members transported the body of the victim to a secluded location in Stafford County, Virginia, and set the victim’s body on fire, then destroyed and concealed evidence of the murder from the vehicle used to transport the victim.  Meanwhile, Ordonez-Zometa, Hernandez-Garcia, and another MS-13 member stayed at the crime scene and attempted to remove, destroy, and conceal evidence of the murder, including the blood of Victim 1. 

Ordonez-Zometa was sentenced to life in federal prison on March 6, 2023.  Ortega-Ayala also faces a mandatory sentence of life in prison at his sentencing on September 25, 2023. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.    

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement.  The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know.  You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite, Jr. commended the FBI, HSI, the Stafford County Sheriff’s Office, the Prince George’s County Police Department, and the Fairfax County Police Department for their work in the investigation and thanked the Prince George’s County State’s Attorney’s Office for its assistance.  Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney Michael Morgan and Trial Attorneys Jared Engelking and Matthew Hoff of the Justice Department’s Criminal Division Organized Crime and Gang Section, who are prosecuting this case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Four men were sentenced in Maryland for their participation in La Mara Salvatrucha, a violent international gang commonly known as MS-13.

Jose Henry Hernandez-Garcia, aka Paciente, 29, of Annandale, Virginia, was sentenced today to life in prison. Agustino Eugenio Rivas Rodriguez, aka Terrible, 26, of Silver Spring, Maryland, was sentenced on Aug. 1 to 16 years in prison. Hernan Yanes-Rivera, aka Recio, 22, of Adelphi, Maryland, was sentenced on July 28 to 22 years in prison. Brian Samir Zelaya Mejia, aka Chispa, 25, of Hyattsville, Maryland, was sentenced on July 25 to six years in prison.

United States v. Jose Domingo Ordonez-Zometa, et al.

According to court documents, Hernandez-Garcia and his co-defendants were members of the Los Ghettos Criminales Salvatruchas (LGCS or Ghettos) clique of MS-13. MS-13 is an international criminal organization composed primarily of individuals from El Salvador or their descendants, with members operating throughout the United States. MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. MS-13 members earn promotions and improved standing within the gang for participating in attacks on rival gang members, often at the direction of MS-13 leadership. 

On March 8, 2019, Jose Domingo Ordonez-Zometa, the leader of the LCGS clique, called a LCGS meeting at his house to discuss clique matters, including recent contacts that an LCGS clique member (the victim) had with the police. Hernandez-Garcia, Jose Rafael Ortega-Ayala, the victim, and other MS-13 members participated in the meeting, during which Ordonez-Zometa questioned the victim about cooperating with police.

During the questioning, the MS-13 members assaulted the victim, based on their incorrect suspicions that the victim was cooperating with law enforcement. They also assaulted another MS-13 member who attempted to defend the victim. The assault culminated with Ordonez-Zometa ordering the murder of the victim. Hernandez-Garcia, Ortega-Ayala, and other MS-13 members then murdered the victim by stabbing him in Ordonez-Zometa’s basement. 

After the murder, Ordonez-Zometa ordered Hernandez-Garcia, Ortega-Ayala, and other LCGS clique members and co-conspirators to cover up the murder. Ortega-Ayala and other MS-13 members transported the body of the victim to a secluded location in Stafford County, Virginia, and set the victim’s body on fire, and then destroyed and concealed evidence of the murder from the vehicle used to transport the victim. Meanwhile, Ordonez-Zometa, Hernandez-Garcia, and another MS-13 member stayed at the crime scene and attempted to remove, destroy, and conceal other evidence of the murder, including the victim’s blood. 

On March 6, Ordonez-Zometa was sentenced to life in prison. Ortega-Ayala is scheduled for sentencing on Sept. 25.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Erek L. Barron for the District of Maryland, Special Agent in Charge Wayne Jacobs of the FBI Washington Field Office’s Criminal Division, Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore Office, Stafford County Sheriff David P. Decatur, Chief Malik Aziz of the Prince George’s County Police Department, and Chief Kevin Davis of the Fairfax County Police Department made the announcement.

The FBI, HSI, the Stafford County Sheriff’s Office, the Prince George’s County Police Department, and the Fairfax County Police Department investigated the case.

Trial Attorneys Matthew Hoff and Jared Engelking of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Michael Morgan for the District of Maryland are prosecuting the case.

United States v. Brayan Torres, et al.

According to court documents, Rivas Rodriguez, Yanes-Rivera, and Zelaya Mejia were members and associates of Weedams Locos Salvatrucha, (WLS), a MS-13 clique operating primarily in Adelphi.

On Feb. 23, 2020, at the direction of MS-13 leaders Brayan Alexander Torres and Agustino Eugenio Rivas Rodriguez, Yanes-Rivera and co-defendant Franklyn Sanchez shot and killed a former WLS member, identified in court records as Victim 1, in retaliation for the victim’s suspected cooperation with law enforcement. In the weeks before the murder, Victim 1 had been in touch with WLS members over social media, text messages, and calls. WLS members told Victim 1 that if he met with gang members to make amends, his cooperation would be forgiven. Victim 1 was instructed to wait on the side of a road at a location in or near Adelphi. A junior WLS member drove Yanes-Rivera and Sanchez to the location, where they picked up Victim 1. They drove to a location in or near Hyattsville. Yanes-Rivera, Sanchez, and Victim 1 got out of the car and walked into the woods, where Yanes-Rivera and Sanchez shot and killed Victim 1. MS-13 promoted Yanes-Rivera for his participation in the murder.

On Aug. 8, 2020, WLS members, including Franklyn Sanchez, gathered at a park in Prince George’s County. Sanchez and several other WLS members agreed to murder a man, identified in court records as Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. As planned, Sanchez and another MS-13 member murdered Victim 4, then dragged Victim 4’s body to a stream and left it there. As he was leaving the woods, Sanchez was concerned that his DNA remained on the body. To prevent the discovery of his DNA or other evidence, and to hinder the investigation and prosecution of Victim 4’s murder, Rivas Rodriguez, Zelaya Mejia, and other WLS members buried Victim 4’s body in the woods. Law enforcement later found Victim 4’s body with a bullet wound to the head.

Yanes-Rivera and Zelaya Mejia were also responsible for collecting extortion payments, or “rents,” from at least two extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury. For example, WLS members used baseball bats to impose rents and sometimes collected rent while flashing firearms or other weapons.

Rivas Rodriguez and Yanes-Rivera also participated in money laundering by transferring gang funds from extortion activities to MS-13 members and associates in El Salvador. 

On May 19, Sanchez was sentenced to 28 years in prison. Torres is scheduled for sentencing on Sept. 13.

Assistant Attorney General Polite, U.S. Attorney Barron, Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office, Special Agent in Charge Harris of HSI Baltimore, and Chief Aziz of the Prince George’s County Police Department made the announcement.

The FBI, HSI, and Prince George’s County Police Department investigated the case, with assistance from the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations and Montgomery County Police Department.

Trial Attorney Christopher Taylor of the Organized Crime and Gang Section and Assistant U.S. Attorney Joel Crespo for the District of Maryland are prosecuting the case.

These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Justice Department’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

These cases are also part of Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.                  

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and HSI both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Janice Martina Mason, age 30, of Melbourne Florida, today to nine years in federal prison, followed by three years of supervised release for voluntary manslaughter.  On May 18, 2023, Mason was convicted after trial for running over her girlfriend on the Baltimore-Washington (“BW”) Parkway and leaving her to die.  

The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Acting Special Agent in Charge David Geist of the Federal Bureau of Investigation - Washington Field Office Criminal and Cyber Division; and Chief Jessica M. E. Taylor of the U.S. Park Police (“USPP”).

According to the evidence presented at her eight-day trial, in the early morning hours of November 24, 2021, USPP officers responded to a citizen report for a body on the side of the BW Parkway northbound, north of Route 197, an area within the territorial jurisdiction of the United States.  Officers found the victim lying face down on the shoulder of the road.  Medics arrived on the scene and pronounced the victim dead.  The evidence showed that that there were no skid marks or vehicle parts located at the scene.  A cellphone belonging to the victim was found on the grass and another cellphone with a broken screen was found in the roadway and was later determined to belong to Mason.

There was testimony that later on November 24, 2021, Mason contacted the USPP Greenbelt Station and advised that she’d lost her phone on the BW Parkway after it had been thrown out of her vehicle, and she tracked the location to USPP Criminal Investigations.  Mason then agreed to come to the station for an interview.  Witnesses testified that Mason advised the USPP detective that she was visiting from Florida and was staying at her mother’s house in Washington, D.C.  Mason falsely told the detective that she was driving the victim and another woman home to Laurel, Maryland, in a black Nissan vehicle when the other woman started hitting Mason.  Mason said she pulled over to the side of the highway and ordered them out of the car and they walked away.  The detective showed her the phone found in the roadway of the BW Parkway and she identified it as her phone.  She also identified a photo of the victim as one of the people she was driving home.

Evidence was presented that on November 25, 2021, a USPP detective went to Mason’s mother’s home, spoke with Mason and obtained her written consent to seize and search the contents of her phone, which had been returned to her, and to tow and examine a black Nissan vehicle parked behind the residence, which Mason confirmed was the vehicle she’d used to drive her friend’s home.  While at the residence, the USPP detective noticed a black Ford Expedition parked down the street with the tag “JANICE.”  Investigators subsequently determined that Mason had been driving the Ford Expedition on November 24, 2021 and not the Nissan vehicle.  They went back to Mason’s mother’s residence to tow the Ford Expedition, which was found to have visible damage to the hood, front grille, and the passenger side running board. 

As detailed in trial testimony, on November 26, 2021, Mason had a second voluntary interview with USPP investigators.  She acknowledged that the was driving the black Ford Expedition on the morning of November 24, 2021 and advised investigators that it was just Mason and the victim in the car that day.  The Ford Expedition was processed and searched by the FBI’s Evidence Response Team.  A swab from the indented hood area was collected and sent to the FBI Laboratory for DNA analysis and concluded that it was DNA from the victim.  The FBI Laboratory examined impressions that were collected from the undercarriage of the Ford Expedition and determined that one corresponded in pattern and size with the victim’s shoe.                                                                                                      

At today’s sentencing, the Court found that in the heat of passion Mason purposefully drove into the victim and then left her on the highway to die.

U.S. Attorney Erek L. Barron commended the USPP and the FBI for their work in the investigation.  Mr. Barron thanked Assistant United States Attorneys Kim Y. Oldham and Ari Evans, who prosecuted the case.  Mr. Barron also recognized Paralegal Specialist Kristy Penny for her assistance.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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A federal jury in Baltimore convicted a Maryland doctor today for submitting over $15 million in false and fraudulent claims to Medicare and a commercial insurer for patients who received COVID-19 tests at his testing sites.

According to court documents and evidence presented at trial, Ron Elfenbein, 49, of Arnold, was an owner and the medical director of Drs ERgent Care LLC, dba First Call Medical Center and Chesapeake ERgent Care. Drs ERgent Care operated multiple drive-through COVID-19 testing sites in Anne Arundel and Prince George’s counties. Elfenbein instructed the employees of Drs ERgent Care that, in addition to billing for COVID-19 tests, the employees were to bill for high-level evaluation and management visits. In reality, these visits were not provided to patients as represented. Rather, Elfenbein instructed his employees that the patients were “there for one reason only – to be tested,” that it was “simple and straightforward,” and that the providers were “not there to solve complex medical issues.”

Elfenbein ordered these high-level visits to be billed for all patients, including those who were asymptomatic, who were getting tested for COVID-19 for their employment requirements, and who were being tested for COVID-19 so that they could travel. Elfenbein, through Drs ERgent Care, caused the submission of millions of dollars in claims to Medicare and a commercial insurer for tens of thousands of high-level visits that were not provided as represented and were ineligible for reimbursement.

The jury convicted Elfenbein of five counts of health care fraud. He is scheduled to be sentenced on Nov. 7 and faces a maximum penalty of 10 years in prison on each count. Elfenbein is the first doctor convicted at trial by the Justice Department for health care fraud in billing for office visits in connection with patients seeking COVID-19 tests. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Erek L. Barron for the District of Maryland; Special Agent in Charge Maureen Dixon of the the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher Dillard of the Department of  Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office; Special Agent in Charge Thomas Sobocinski of the FBI Baltimore Field Office; and Deputy Assistant Inspector General for Investigations Conrad J. Quarles of the Office of Personnel Management Office of the Inspector General (OPM-OIG) made the announcement.  

The HHS-OIG, DCIS, FBI, and OPM-OIG investigated the case.

Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Matthew P. Phelps for the District of Maryland are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed the Medicare program for more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

In the past three years, the Health Care Fraud Strike Force has rooted out health care fraud related to the COVID-19 pandemic. To date, 53 defendants have been charged in nationwide COVID-19 Health Care Fraud Enforcement Actions for causing over $784 million in loss associated with the pandemic, including this case.

Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced former youth and high school football coach, Moshe Michael Imel, age 53, of Owings, Maryland, to 40 years in federal prison, followed by lifetime supervised release, for two counts of production of child pornography involving two minor victims.  Imel also pleaded guilty to charges related to the sexual abuse of minors in three cases in the Circuit Court for Calvert County and is scheduled to be sentenced on August 4, 2023. 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI); Calvert County Sheriff Ricky Cox; and Calvert County State’s Attorney Robert Harvey.

According to his plea agreement, between July 2018 and November 2020, Imel was an assistant football coach at a Calvert County High School.  In March 2021, law enforcement interviewed two victims who reported that beginning when Imel coached the individuals in a youth football program and continuing through high school, Imel groomed and then sexually abused the victims.  Specifically, Imel admitted that he directed each victim to expose and touch himself in a sexual way and ultimately engaged in sexual contact with the victims on numerous occasions.  Imel also created sexually explicit videos of the victims documenting his abuse. 

A search warrant was executed at Imel’s home and confirmed that the basement—including the action figures lining the walls, the computer setup, the cameras, sex toys and other paraphernalia—was as the victims had described it to law enforcement.  A review of fourteen electronic devices seized at Imel’s residence revealed that they all contained child pornography or evidence of Imel’s sexual contact with minors.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.       

United States Attorney Erek L. Barron commended the HSI, the Calvert County Sheriff’s Office, and the Calvert County State’s Attorney’s Office for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Timothy F. Hagan, who prosecuted the federal case and recognized Calvert County Assistant State’s Attorney Rebecca N. Cordero, who is prosecuting Imel’s case in the Circuit Court for Calvert County.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – A federal grand jury has returned an indictment charging David Epstein, age 45, of Owings Mills, Maryland, for wire fraud and money laundering, relating to the submission of fraudulent COVID-19 CARES Act loan applications.  The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic.  The indictment was filed on June 24, 2023, and unsealed today at Epstein’s initial appearance.

The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation (“IRS-CI”), Washington, D.C. Field Office; and Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration (“SBA”) Office of Inspector General (“OIG”), Eastern Region.

Financial assistance offered through the CARES Act included forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program, administered through the Small Business Administration (SBA).  The SBA also offered an Economic Injury Disaster Loan (EIDL) and/or an EIDL advance to help businesses meet their financial obligations.  

According to the eight-count indictment, Epstein was the Chief Executive Office of PEI Staffing, LLC and served as the President of Stafquik, Inc.  Epstein was the sole signatory on two accounts maintained by Stafquik at SunTrust Bank.  The indictment alleges that from May 2020 to August 2020, Epstein executed a scheme to defraud the Small Business Administration and related financial institutions by fraudulently obtaining and attempting to obtain EIDL and PPP loan funds for his own personal use, including the purchase of a Mercedes-Benz automobile, renovations to his home, including installation of a pool, and for other unauthorized expenditures.

Specifically, on April 30, 2020, Epstein submitted a false and misleading PPP loan application  in the name of PEI, seeking approximately $1,307,170 in PPP funds.  The application allegedly contained false statements and omissions relating to PEI including the number of employees, the wages paid to employees, and that any funds received would be spend on expenses such as payroll, business rent and business utilities.  For example, the application stated that PEI had 382 employees, when in fact, an IRS Form 941 for the second quarter of 2020 listed 79 employees for PEI.  Epstein also falsely stated that he did not have common management with any other business.  In fact, Epstein was a common manager of both PEI and Stafquik.

As detailed in the indictment, Epstein spoke with the representative of a financial technology company that served as the originating agent for the PPP lender regarding the status of PEI’s PPP loan application.  During the call, Epstein stated that he planned to upload a February 2020 bank statement for the purported PEI bank account listed in the application.  Epstein allegedly submitted a fictitious bank statement that falsely represented the bank account was in the name of PEI, when in fact, the account was one of the accounts in the name of Stafquik, to which Epstein was sole signatory.

In addition, on May 4, 2020, approximately $1,307,170 in PPP loan proceeds were disbursed to the SunTrust Stafquik account.  Within four days, Epstein opened four personal bank accounts at two separate banks and subsequently transferred the PPP loan proceeds to those accounts to be used for personal and unauthorized expenses.  For example, the indictment alleges that Epstein transferred $110,356.48 in PPP funds to Mercedes-Benz Financial Services in connection with his purchase of a 2019 Mercedes-Benz GT53C4.

The indictment further alleges that on November 18, 2020, Epstein submitted a false application for an EIDL in the name of Stafquik to the SBA, seeing approximately $150,000 in funds.  In that application, Epstein proved the SBA a bank account number into which the EIDL proceeds were to be deposited, namely the second account at SunTrust held in Stafquik’s name with Epstein as the sole signatory.  On November 19, 2020, SunTrust closed that account after being notified by the lender for the PEI PPP loan that the $1,307,170 in PPP funds disbursed to the other Stafquik account was an unauthorized transaction.  Epstein called SunTrust seeking to reverse the closure of the account but was unsuccessful.  Because the bank account was closed, the funds sought in the EIDL application for Stafquik were ultimately not disbursed.

If convicted, Epstein faces a maximum sentence of 20 years in federal prison for each of five counts of wire fraud and a maximum of 10 years in federal prison for each of three counts of money laundering.  Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. 

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. 

The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.  The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic.  The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.  The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.  

For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.  Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

United States Attorney Erek L. Barron commended the IRS-CI and SBA-OIG for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Paul A. Riley and Sean R. Delaney, who are prosecuting the case.  Mr. Barron also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber. 

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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Greenbelt, Maryland – After a two-day trial, a federal jury convicted Antjoun Riddick, age 45, of Accokeek, Maryland, late on August 1, 2023, for being a felon in possession of a firearm.  

The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and U.S. Marshal Robert Anthony Dixon for the Superior Court for the District of Columbia.

According to the evidence presented at trial, on January 21, 2022, U.S. Marshals Service (USMS) Deputies were conducting surveillance on Riddick’s residence in Accokeek, Maryland to serve an outstanding arrest warrant for him issued by the Superior Court for the District of Columbia.  When they saw Riddick exit the residence and walk toward his vehicle, they activated the emergency equipment on their vehicles and approached Riddick, telling him to step away from the car and show his hands.  As detailed in trial testimony, Deputies saw Riddick quickly raise his left hand, but his right hand hesitated near his waist area before he was handcuffed.  After his arrest, Riddick admitted that he had a gun in his waistband and Deputies recovered a 9mm pistol loaded with 18 rounds of ammunition, including one in the chamber.

Riddick knew he had been previously convicted of a felony and was prohibited from possessing a firearm or ammunition.  As detailed in court documents, at the time of his arrest Riddick was on supervised probation for a 2015 conviction in the Prince George’s County Circuit Court for second degree murder.

Riddick faces a maximum sentence of 10 years in federal prison for being a felon in possession of a firearm and ammunition.  U.S. District Judge Theodore D. Chuang has scheduled sentencing for November 3, 2023 at 2:30 p.m.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the ATF and the USMS for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Timothy F. Hagan and Special Assistant U.S. Attorney Joshua A. Rosenthal, who are prosecuting the case.  U.S. Attorney Barron also thanked Paralegal Specialists Andrew Branigan, Derek Harwerth and Mark Phares for their assistance.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Hernan Yanes-Rivera, a/k/a “Recio,” age 22, of Adelphi, Maryland, on July 28, 2023, to 22 years in federal prison, and sentenced Agustino Eugenio Rivas Rodriguez, a/k/a “Terrible,” age 26, of Silver Spring, Maryland, today to 16 years in federal prison, each followed by three years of supervised release, for their participation in a racketeering conspiracy, including murder, related to their activities as part of the MS-13 gang.  On July 25, 2023, Judge Xinis sentenced co-defendant Brian Samir Zelaya Mejia, a/k/a “Chispa,” age 25, of Hyattsville, Maryland, to six years in federal prison for his role in the MS-13 enterprise.  Judge Xinis ordered that Rivas Rodriguez must also pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates. 

The sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.

According to court documents, the La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States.  In Maryland and elsewhere, MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region.  MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs.  One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.  Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang and opens the door to promotion to a leadership position. 

As detailed in the plea agreement, Rivas Rodriguez, Yanes-Rivera and Zelaya Mejia were members and associates of Weedams Locos Salvatrucha, (WLS), an MS-13 clique operating primarily in Adelphi, Maryland.  Rivas Rodriguez was the clique’s second in command.    

On February 23, 2020, at the direction of MS-13 leaders Brayan Alexander Torres and Rivas Rodriguez, Yanes-Rivera and co-defendant MS-13 member Franklyn Sanchez shot and killed Victim 1, a former WLS member, in retaliation for the victim’s suspected cooperation with law enforcement.  In the weeks prior to the murder, Victim 1 had been in touch with WLS members over social media, text messages and voice calls.  Records show that WLS members told Victim 1 that if he met with gang members to make amends, his cooperation would be forgiven.  Victim 1 was instructed to wait on the side of a road at a location in or near Adelphi, Maryland, on February 23, 2020.  A junior WLS member drove Yanes-Rivera and Sanchez to the location, where they picked up Victim 1.  They drove to a location in or near Hyattsville, Maryland.  Yanes-Rivera, Sanchez and Victim 1 got out of the car and walked into a wooded area, where Yanes-Rivera and Sanchez shot Victim 1.  Victim 1 died from his gunshot wounds.  As a result of his participation in the murder, Yanes-Rivera was promoted within the hierarchy of MS-13.

On August 8, 2020, WLS members, including Franklyn Sanchez, were gathered at a park in Prince George’s County, Maryland.  Sanchez and several of the WLS members agreed to the murder of Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt.  Sanchez and another MS-13 member murdered Victim 4, then WLS members dragged Victim 4’s body to a stream and left it there.  As he was leaving the woods, Sanchez was concerned that his DNA may have been left on the body.  To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, Rivas Rodriguez, Zelaya Mejia and other WLS members were called and ordered to bring shovels to the wooded area, where they dug a hole and buried Victim 4’s body.  Victim 4’s body was later recovered with a bullet wound to the head.

Rivas Rodriguez also conspired with other MS-13 members to kill a female member of the rival 18th Street gang.  Rivas Rodriguez and the WLS leader ordered subordinate members of the gang to track the female to a house and kill her.  The group of MS-13 subordinates gathered with guns and were preparing to follow their orders, when police arrived on scene and stopped the plan from coming to fruition. 

Yanes-Rivera, Rivas Rodriguez and Zelaya Mejia were also responsible for collecting extortion payments, or “rents,” from at least two extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury by members of WLS.  For example, gang members used baseball bats to impose rents and sometimes collected rent while flashing firearms or otherwise making it known that they were carrying weapons.

Finally, Yanes-Rivera also participated in money laundering by transferring gang funds obtained through its extortion activities to MS-13 members and associates in El Salvador. 

Torres, a/k/a “Spooky,” age 29, of Adelphi, Maryland, is expected to be sentenced to 28 years in federal prison at his sentencing on September 13, 2023.  Torres will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 4’s estate.  On May 19, 2023, Judge Xinis sentenced Franklyn Edgardo Sanchez, a/k/a “Freddy,” “Magic,” “Miclo,” and “Delinquente,” age 26, of Adelphi, Maryland, to 28 years in federal prison and ordered that Sanchez must pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates. 

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement.  The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know.  You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.    

United States Attorney Barron and Assistant Attorney General Polite commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked U.S. Immigration and Customs Enforcement-Enforcement and Removal Operations and the Montgomery County Police Department for their assistance.  Mr. Barron thanked Assistant U.S. Attorney Joel Crespo, and Trial Attorney Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Demonte Kellum, age 26, of Baltimore to 19 years in federal prison, followed by 5 years of supervised release, for conspiracy to participate in racketeering activity, specifically, his involvement in three armed robberies in 2019, two of which resulted in the murder of the victims. 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Acting Commissioner Richard Worley of the Baltimore Police Department.

“This crew’s reign of terror is over.  The violent armed robberies committed by Kellum led to the deaths of two victims and suffering by their families, friends and the entire Baltimore community,” said U.S. Attorney Erek L. Barron.  “We will continue to use every tool available to aggressively prosecute violent offenders.”

“The reality of guns in Baltimore is that criminals who possess them do so with the intent to use them. It is not just to show off or use as a threat—they are ready and willing to shoot someone without a second thought,” said ATF Special Agent in Charge Toni M. Crosby. “ATF and our law enforcement partners will continue to do everything we can to take these trigger-pullers off the street so the citizens of Baltimore can live more safely.”

According to his guilty plea, from April 2019 to August 2019, Kellum and at least five others were co-conspirators in an enterprise that engaged in a pattern of deadly racketeering activity, including a series of armed carjackings, armed robberies and attempted armed robberies in Baltimore City, as well as the pawning of stolen goods.  Members of the enterprise used at least three different firearms to commit the crimes and shared the proceeds of their exploits.  The members also used carjacked cars to commit other carjackings and acts of violence.

Kellum admitted that he participated in three armed robberies, specifically, the attempted armed robbery of a victim on July 23, 2019, in the 4900 block of Goodnow Road in Baltimore, during which one member of the conspiracy shot and killed the victim; the armed robbery of a victim on August 1, 2019, in the 2600 block of Talbot Road in Baltimore, during which the conspirators brandished firearms and tied up the victim; and later on August 1, 2019, the attempted armed robbery of a victim in the 5300 block of Fernpark Avenue in Baltimore during which one of the conspirators shot and killed the victim.

As detailed in his plea agreement, the investigations showed that co-conspirators committed eight carjackings and eight additional armed robberies or attempted armed robberies, including two where the victims were shot and a third where the victim was shot and killed.  

Co-defendant Karon Foster, age 28 and Rashaud Nesmith, age 22, both of Baltimore, were each sentenced to 40 years in federal prison for their roles in the racketeering enterprise; and Malik Evans, age 25, of Baltimore, was sentenced to 17 years in federal prison.  Co-defendant Jamai Wells, age 33, of Baltimore pleaded guilty to the racketeering conspiracy and related charges and is awaiting sentencing.  A fifth co-defendant is scheduled to go to trial early next year.

This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN).  NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms.  NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.  For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

United States Attorney Erek L. Barron commended the ATF, the Baltimore Police Department, and the Baltimore City State’s Attorney’s Office for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Patricia C. McLane and Clinton J. Fuchs who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.

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Baltimore and Greenbelt, Maryland – Seven defendants pleaded guilty or were sentenced this week in cases involving the illegal possession of firearms or ammunition.  The charges included illegal possession of firearms or ammunition, possession of a firearm in a school zone, and drug distribution cases where firearms were seized. 

Prosecutors are using all available resources and any legal means necessary to investigate and prosecute repeat violent offenders—specifically for any wrongdoing that meets office priorities, especially pandemic-related fraud, and utilizing a federal school zone statute that makes it a crime to possess a gun within 1000 feet of a school.  As a result, homicides in Baltimore are down approximately 23% and nonfatal shootings are down approximately 6.5%;  homicides and non-fatal shootings are also down in Prince George’s County.

The sentences and guilty pleas were announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Acting Commissioner Richard Worley of the Baltimore Police Department; Chief Robert McCullough of the Baltimore County Police Department; and Chief Malik Aziz of the Prince George’s County Police Department.

“Removing from our communities those violent individuals who use guns is one of the top priorities of my office,” said United States Attorney Erek L. Barron.  “Working collaboratively with federal, state and local partners to implement innovative programs to reduce violent crime and using all the tools we have available, we are making progress in our fight to reduce homicides and non-fatal shootings across the state.”

“All throughout Maryland, there are criminals who are determined to carry and possess firearms, regardless of where they are or the threat it poses to the people around them,” said ATF Baltimore Special Agent in Charge Toni M. Crosby. “Some are sitting by elementary schools or standing on the corner dealing drugs with a gun right by their side.  Others are convicted felons driving around with guns or keeping guns and drugs in their homes.  That same level of determination they feel to do the wrong thing is matched only by the level of determination ATF and our law enforcement partners have every day to investigate and incarcerate them.  The law-abiding citizens of Maryland deserve to feel safe in their communities and it is our mission to ensure we take offenders off the street who keep that from happening.”

At a press conference on August 24, 2022, U.S. Attorney Barron announced several new programs, including a new Violent and Organized Crime Section, expanded collaboration between federal, state, and local law enforcement, state funds supported the hiring of additional Special Assistant U.S. Attorneys, whose sole focus has been on violent crime, along with investigators, and other legal support personnel. 

In addition, the U.S. Attorney’s Office is continuing to sponsor and participate in reentry events for returning citizens, as well as call-ins for those at risk of re-offending, in order to connect them with services and assistance to assure their best chance for success.  We are also engaging community members and youth through monthly community walks, school outreach, and gang and internet safety training. 

Illegal Possession of a Firearm or Ammunition

Three defendants were sentenced for illegal possession of a firearm or ammunition and a fourth defendant pleaded guilty to that charge after law enforcement recovered loaded firearms from the defendants, including two privately made firearms, commonly known as “ghost guns,” and an AR-15 pistol.

U.S. District Judge Richard D. Bennett sentenced Marcus Pitts, age 27, of Baltimore to 46 months in federal prison, followed by three years of supervised release, for being a felon in possession of ammunition.  Pitts was arrested after law enforcement saw him engage in suspected hand-to-hand drug transactions.  Law enforcement recovered a 9mm ghost gun, loaded with seven rounds of ammunition and two orange prescription bottles, one containing 27 amphetamine pills and the other containing 13 alprazolam pills, as well as $426 in cash. 

U.S. District Judge Paula Xinis sentenced Darius Linwood Ashby, age 36 of Capitol Heights, Maryland, to two years of home detention with electronic monitoring, followed by three years of supervised release for being a felon in possession of a firearm.  Ashby was also ordered to perform 50 hours of community service.  Ashby was arrested after officers performed a traffic stop and recovered a .45-caliber pistol on the driver’s seat where Ashby had been seated before being removed from the vehicle.  The gun was loaded with eight rounds of .45-caliber ammunition, including one round in the chamber.  Officers recovered a .45-caliber magazine and additional ammunition from Ashby’s pants pockets.  The firearm was found to have been stolen on July 4, 2020 from North Carolina. 

U.S. District Judge Deborah K. Chasanow sentenced Darrien Ledante Taylor, age 39, of Capitol Heights, to four years in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm and ammunition and for possession with intent to distribute controlled substances.  Taylor was arrested after a search warrant executed at his home recovered a 9mm handgun loaded with 13 rounds of 9mm ammunition and approximately 24 rounds of ammunition loaded in an extended magazine; an AR-15 pistol with no serial number and with an extended magazine loaded with 39 rounds of 5.56xc45mm caliber ammunition; approximately 78 rounds of ammunition of various calibers; and two baggies with 50 pills inside, which laboratory analysis concluded contained fentanyl.  Officers also recovered 13 plastic vials containing approximately 1.6 fluid ounces of phencyclidine, commonly known as PCP, from the driver-side door pocket of Taylor’s vehicle.  Taylor admitted that he possessed the fentanyl and PCP with the intent to distribute the drugs and that he possessed the firearm in furtherance of his drug trafficking.

Brandon Ford, age 33, of Baltimore, was pulled over by Baltimore County Police officers after he drove by them without headlights at 2:00 a.m. on April 3, 2021.  After failing several field sobriety tests, Ford was arrested and his vehicle was searched.  Officers recovered a .357 caliber ghost gun, loaded with 14 rounds of .357 caliber ammunition from the vehicle console.  U.S. District Judge Deborah K. Chasanow has scheduled sentencing for Ford on January 4, 2024, at 11:00 a.m.

All four defendants admitted that they knew they had been convicted of a felony and were prohibited from possessing firearms or ammunition.  Pitts was prosecuted by Assistant U.S. Attorney Jacob Gordin; Ashby was prosecuted by Assistant U.S. Attorney Leah B. Grossi; Taylor was prosecuted by Assistant U.S. Attorney Patrick D. Kibbe and Ford is being prosecuted by Assistant U.S. Attorney Patricia C. McLane

Possession of a Firearm in a School Zone

U.S. District Judge Richard D. Bennett sentenced Gerald Dean, age 31, of Baltimore, to 30 months in federal prison, followed by six months of home detention as part of three years of supervised release, for possession of a firearm in a school zone.  As detailed in his plea agreement, law enforcement was called to Mosher and Ashburton Streets, where they found Dean sleeping in his car with the lights on and the motor running, within 1,000 feet of the Katherine Johnson Global Academy (formerly Calverton Elementary/Middle School).  Dean eventually woke up and was secured by the officers.  A subsequent search recovered a .380 caliber pistol loaded with eight rounds of ammunition from Dean’s vehicle and recovered eight small green containers of crack cocaine, four small black containers of heroin, 16 methamphetamine pills and a sublingual strip from Dean’s person.  Dean admitted that he knew or had reasonable cause to believe that he was in a school zone at the time he possessed the firearm.  This case is being prosecuted by Assistant U.S. Attorney Jonathan S. Tsuei.

Possession with Intent to Distribute Controlled Substances

One defendant was sentenced for possession with intent to distribute controlled substances and a second defendant pleaded guilty to that charge. 

Kevin Corbett, age 32, of Baltimore, pleaded guilty to possession with intent to distribute heroin, fentanyl and cocaine.  An officer observing a surveillance camera in the 600 block of Poplar Grove Street in Baltimore for suspected drug activity saw Corbett engage in several suspected hand-to-hand drug transactions.  The full outline of a firearm was clearly visible in Corbett’s right jacket pocket.  Officers arrived at that location, arrested Corbett and recovered a .9mm handgun loaded with eight rounds of ammunition, including one in the chamber, from Corbett’s jacket pocket.  Officers also recovered from Corbett 144 gel capsules containing a mixture of heroin and Para-fluorobutyryl fentanyl and 43 flip-top jugs of cocaine.  Corbett admitted to possessing the firearm, which he must forfeit as part of his plea agreement.  U.S. District Judge Lydia K. Griggsby set Corbett’s sentencing for October 17, 2023, at 2:00 p.m.  Corbett is being prosecuted by Special Assistant U.S. Attorney Keelan F. Diana and Assistant U.S. Attorney Clinton J. Fuchs.

Chief U.S. District Judge James K. Bredar sentenced Alonta Johnson, age 30 or Baltimore, to 138 months in prison, followed by three years of supervised release, for possession with intent to distribute controlled substances, specifically cocaine and buprenorphine.  Officers attempted to conduct a traffic stop on a vehicle, but the driver, later identified as Johnson, fled, repeatedly opening the driver’s side door while the car was in motion.  Johnson crashed into a parked vehicle and ran away, pursued by officers.  As detailed in his plea agreement, Johnson dropped a handgun while running from the scene and was arrested a short time later.  Officers recovered three clear baggies of a white rock-like substance on the ground next to Johnson, which were determined to be cocaine. Law enforcement also recovered seven pink containers of a white rock-like substance, 32 suboxone strips, and a digital scale, among other items.  The firearm Johnson dropped was recovered and was determined to be a .22 caliber semi-automatic pistol loaded with eight rounds of .22 caliber ammunition.  Johnson knew that he was prohibited from possessing a firearm or ammunition due to previous felony convictions.  As part of his plea agreement, Johnson is required to forfeit the firearm and ammunition.  In addition, Chief Judge Bredar ordered that Johnson serve his federal sentence concurrent to the 30 year state sentence he is currently serving.  Johnson was prosecuted by Assistant U.S. Attorney Jonathan S. Tsuei.

These cases are part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy, strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the ATF, the Baltimore Police Department, the Baltimore County Police Department, and the Prince George’s County Police Department for their work in these investigations and thanked the Assistant U.S. Attorneys and the Special Assistant U.S. Attorney who are prosecuting the cases.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Yong Chen, age 34, of Owings Mills, Maryland, yesterday to three years in federal prison, followed by three years of supervised release, for conspiracy to commit wire fraud related to a fraudulent gift card scheme resulting in $561,000 in losses to more than 10 victims.  Chen was also ordered to pay restitution of $169,950.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Colonel Roland L. Butler, Jr., Superintendent of the Maryland State Police; and Special Agent in Charge Andrew McKay of the Treasury Inspector General for Tax Administration (“TIGTA”) Mid-Atlantic Field Division.

  

According to Chen’s plea agreement, Chen managed a scheme to fraudulently obtain gift cards from retail stores, which he and his co-conspirators used to purchase high-end electronics, including cell phones, iPads, and laptop computers.  For example, victim R.E.S., a resident of Hampstead, Maryland, responded to an email claiming that a technical support service contract would automatically renew unless the victim cancelled the service by calling the number listed in the email.  R.E.S had never subscribed to such a service, but he called the phone number to make sure it would not be renewed. 

As detailed in the plea agreement, the man who answered the call had a heavy accent that R.E.S could not understand, so he gave the phone to his daughter.  The man identified himself as “Brian,” and explained that R.E.S was entitled to a $300 refund.  If the daughter would download a computer application which would give “Brian” temporary control over the computer, he would directly deposit the $300 into R.E.S.’s bank account.  After the daughter downloaded the application and opened her father’s bank account, the daughter typed $300 as “Brian” had instructed, but the amount somehow appeared as a $3,000 deposit into R.E.S’s bank account. 

To fix the purported overpayment, “Brian” asked the daughter to go to a Target store to buy Target gift cards to reimburse him.  After unsuccessfully using credit cards to buy gift cards at Target and Best Buy (R.E.S’s bank would not authorize the transactions), the daughter cashed a check at her father’s bank, then used the cash to buy five $500 Target gift cards for a total of $2500.  The daughter then gave “Brian” the gift card numbers and access codes printed on the back of each gift card.  To make up for the remaining balance of $100 still allegedly owed to “Brian,” the daughter purchased an Amazon gift card.  Using the application again, “Brian” accessed her computer, obtained the Amazon gift card number from her email, then deleted all traces of the email from her email account. 

The next day, R.E.S. met with a customer service representative at his bank and learned that he had been defrauded, because “Brian” had never actually deposited money into his bank account.  Instead, using the downloaded computer application to access his bank account, “Brian” had transferred money from R.E.S’s credit card account into his checking account, thereby setting up the withdrawal of cash to pay for the gift cards.  The fraudulent scheme was reported to the Maryland State Police Computer Crimes Unit (“MSPCCU”), which initiated an investigation. 

As detailed in the plea agreement, transactional records and video footage from Target revealed that the five gift card numbers and access codes purchase by R.E.S. were used that same day at three different Target stores in two different states.  For example, less than an hour later, Young Chen used two of the cards to purchase two Apple watches at the Target store in Owings Mills.  At the same time, co-conspirator Bin Tang was using the numbers of the other three gift cards to purchase Apple watches at a Target store in Dumfries, Virginia and later at a different store in Glen Allen, Virginia.  Target security personnel discovered that they had more video footage of Chen at the Owings Mills store using different gift cards on February 12, 2020 to purchase two iPads and other Apple products and an attempted purchase of similar products on February 14, 2020. 

A search warrant was executed at Chen’s house in Owings Mills, Maryland on March 3, 2020.  Law enforcement recovered four boxes containing new high-end electronics, including dozens of iPad tablets and Apple watches that were purchased with proceeds of the fraud scheme.  A notebook that served as a ledger for the gift card scheme was found in Chen’s bedroom and contained the dates that gift cards were fraudulently obtained and how they were redeemed, including the names of the people Chen and co-defendant Bin Tang paid to use the cards.  The purchased electronics were intended to be sold to foreign buyers.  The notebook also listed the projected profit for each product purchased.  Cell phones belonging to Chen and Tang were seized and subsequently searched, revealing messages on a Chinese messaging platform among Chen, Tang and Liang Liang Zeng discussing the scheme.

According to his plea agreement, Chen used the message platform to acquire the stolen gift card numbers and access codes, and then shared that information with others involved in the scheme.  He regularly purchased the stolen gift card numbers through his bank account in China at a price that is about 20% less than the value preloaded on the cards, so a $100 gift card cost him $80.  Chen said that the stolen gift card numbers he purchased had to be redeemed that same day, sometimes within hours, before the cards got canceled.  Chen also provided his buyers, also referred to as “runners,” with Target employee numbers (Target Team Member Numbers) to display at the cash register to get a ten percent employee discount, which increased the scheme’s profit margin.  He and the “runners” he hired would go to multiple stores during the same day, sometimes in different states, because Target might limit the amount of purchases.  Each runner was told what type of product to buy with the numbers based on a price list Chen and Tang received from potential buyers overseas.  The messages also showed that the runners shared information with Chen and Tang throughout the day about the remaining balances on their cards and any trouble they were having redeeming them.  At the end of the day, the runners brought the receipts and the products to Chen’s house, where products were boxed and labeled for shipment overseas.    

According to the plea agreement, dozens of victims in many different states were defrauded and the cards purchased by the victims were primarily redeemed in the mid-Atlantic region to illegally purchase approximately $561,000 of Target products.

Co-defendants Liang Liang Zeng, age 58, a Chinese national residing in Staten Island, New York, and Wen Fu Zeng, age 55, of Brooklyn, New York were sentenced to 54 months in federal prison and to 10 months in prison, respectively, for their roles in the fraud scheme.  Both defendants were also ordered to pay restitution of $145,228 and L. Zeng was ordered to forfeit $43,633.  Bin Tang, age 33, is a fugitive.                    

United States Attorney Erek L. Barron praised the Maryland State Police and TIGTA for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Martin J. Clarke, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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Behrouz Mokhtari, 72, of McLean, Virginia, was sentenced today to 41 months in prison followed by three years of supervised release for violating U.S. sanctions against Iran by conspiring to engage in prohibited business activities on behalf of persons and entities in Iran. In addition, Mokhtari was ordered to forfeit approximately $2,862,598 in proceeds derived from his criminal activity as well as a residence he purchased in Campbell, California, for over $1.5 million using such proceeds.

Mokhtari pleaded guilty earlier this year in the District of Maryland to two counts of conspiracy to violate the International Emergency Economics Power ACT (IEEPA). According to court documents, Mokhtari engaged in a conspiracy lasting from at least March 2018 until at least September 2020 in which he conducted numerous business activities on behalf of Iranian entities without first obtaining the required licenses from the Office of Foreign Assets Control (OFAC). In a separate conspiracy lasting from about February 2013 until at least June 2017, Mokhtari and a number of Iranian nationals agreed to conduct illicit shipments of petrochemical products to and from Iran­, utilizing his front company, East & West Shipping Inc., in Panama to do so.

Mokhtari held management positions and/or maintained ownership control of numerous businesses in Iran and the United Arab Emirates (UAE), collectively referred to as “the FSR Network.” Using the FSR Network, he and his co-conspirators illegally provided services to Iranian entities such as the refinement and transport of petrochemical products. Mokhtari and his co-conspirators used FSR Network bank accounts in the UAE, including Bitubiz FZE, to process these U.S. dollar transactions.

Mokhtari admitted that he knew that, as a U.S. citizen, engaging in business with Iranian entities without first obtaining a license or permission from OFAC is prohibited. He further knew that it was illegal to engage in transactions intended to evade Iranian sanctions, or to engage in transactions related to goods and services of Iranian origin or export.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Erek L. Barron for the District of Maryland and Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office made the announcement.

The FBI investigated the case.

Assistant U.S. Attorneys Kathleen O. Gavin for the District of Maryland prosecuted the case, with valuable assistance provided by the National Security Division’s Counterintelligence and Export Control Section.  

Greenbelt, Maryland – U.S. District Judge Lydia K. Griggsby today sentenced Behrouz Mokhtari, age 72, of McLean, Virginia and Tehran, Iran, a native of Iran and a naturalized citizen of the United States, to 41 months in federal prison, followed by three years of supervised release, for violating U.S. sanctions against Iran by conspiring to engage in prohibited business activities on behalf of persons and entities in Iran.  Judge Griggsby also ordered Mokhtari to forfeit approximately $2,862,598 in proceeds derived from his criminal activity as well as a residence he purchased in Campbell, California for over $1.5 million, using such proceeds.  Mokhtari pleaded guilty earlier this year to two counts of conspiracy to violate the International Emergency Economics Power ACT (“IEEPA”).

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.

“This defendant knew that he was prohibited from engaging in business with Iran, but did so anyway and attempted to conceal his actions through his control of businesses and financial entities in Iran and the United Arab Emirates,” said United States Attorney Erek L. Barron.  “Now, he will not only serve time in federal prison, he will forfeit cash and property purchased with his ill-gotten proceeds.”

According to his guilty plea, in one conspiracy that lasted from at least March 2018 until at least September 2020, Mokhtari agreed with his co-defendant and others to evade Iranian sanctions by engaging in business activities on behalf of Iranian entities without first obtaining the required licenses from the Office of Foreign Assets Control (“OFAC”).

Mokhtari held management positions and/or maintained ownership control of multiple businesses in Iran and the United Arab Emirates (“UAE”), referred to collectively as “the FSR Network.”  Mokhtari and his co-conspirators used the FSR Network to provide services to Iranian entities and engage in transactions involving Iranian petrochemical products, including refining petrochemical products and transporting them by sea.  Mokhtari and his co-conspirators used bank accounts located in the UAE, including Bitubiz FZE, which was part of the FSR Network and over which Mokhtari exercised partial or complete control, to process these U.S. dollar transactions.               

Mokhtari admitted that Bitubiz operated as a conduit for the FSR Network to conceal the fact that Mokhtari and his co-conspirators were engaging in financial transactions with, and providing services to, Iranian entities in violation of the Iranian sanctions.  Bitubiz maintained daily ledgers which recorded the receipt and transfers of funds.  After receiving an incoming wire transfer, Bitubiz would credit most of that amount to Ayegh Isfahan Manufacturing Company (“AIM”).  Mokhtari and others held ownership interests in AIM, which was located in Iran, was engaged in the petrochemical industry, and was part of the FSR Network.

As stated in his guilty plea, in a separate conspiracy that lasted from about February 2013 until at least June 2017, Mokhtari and a number of Iranian nationals agreed to conduct illicit shipments of petrochemical products to and from Iran, in violation of the Iranian sanctions and used the U.S. financial system to facilitate such shipments.  In furtherance of the scheme, Mokhtari created a front company in Panama, East & West Shipping, Inc., to purchase two liquid petroleum gas (LPG) tanker vessels for approximately $38 million.  These vessels were subsequently used to transport Iranian petrochemical products in international commerce on behalf of, and to benefit, Iranian entities associated with the Government of Iran.

After using East & West to purchase the two vessels (LPG Vessel 1 and 2), Mokhtari transferred ownership of the vessels to other entities, in order to conceal the conspirators’ financial and ownership interest in the two vessels.  The conspirators then used another entity, Greenline Shipholding, Inc., to control operations of LPG Vessels 1 and 2.  For example, through email communications from Greenline email accounts, or email accounts containing some variation of the Greenline name, the conspirators directed Company 5, a ship management company, to oversee the leasing and operation of LPG Vessel 1 and 2 to transport Iranian petrochemical products from Iranian ports to other locations and to participate in ship-to-ship transfers of Iranian products while on the high seas.

The conspirators, including Mokhtari, used the United States financial system to engage in transactions related to the hiring of the vessels and other expenses.  In addition, Mokhtari and his co-conspirators frequently communicated by email about the nature and source of the products that the vessels were transporting, as well as the use of false shipping documents and other measures taken to conceal the fact that the vessels were transporting products to and from Iran, in order to evade the Iranian sanctions.

At some point prior to May 2017, ownership of LPG Vessel 1 was transferred to Russell Shipping, Inc., which was owned by Mokhtari.  On May 30, 2017, Mokhtari sold LPG Vessel 1 to be scrapped for more than $3.1 million.  Mokhtari received a total of $2,862,591.12 from that sale.  The purchaser wired funds to accounts at two separate banks held in the name of Mori Construction and Development, LLC (Mori Construction).  Mokhtari was the sole owner of Mori Construction and controlled both bank accounts.  Through a series of inter-account transfers and check payments, by September 2017 all of the proceeds from the sale of LPG Vessel 1 were located in a third account, over which Mokhtari and his daughter had signature authority.  In March 2018, Mokhtari used those proceeds to purchase a home in Campbell, California for $1,512,000.

Mokhtari admitted that he knew that, as a U.S. citizen, engaging in business with Iranian entities, without first obtaining a license or permission from OFAC is prohibited.  He further knew that it was illegal to engage in transactions intended to evade Iranian sanctions, or to engage in transactions related to goods and services of Iranian origin or export.

United States Attorney Erek L. Barron commended FBI for its work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Kathleen O. Gavin, who prosecuted the case, with valuable assistance provided by the National Security Division’s Counterintelligence and Export Control Section.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md.

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Greenbelt, Maryland – Juan Ramon Ramirez Delgado, age 40, a Honduran national residing in Leesburg, Virginia, pleaded guilty today to federal charges for a commercial robbery conspiracy and for committing an armed robbery of a U.S. Post Office.  

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron and Postal Inspector in Charge Damon E. Wood of the U.S. Postal Inspection Service - Washington Division.

According to his plea agreement, on October 19, 2017, Ramirez Delgado and his co-conspirators, wearing masks and armed with firearms, entered a U.S. Post Office in Brandywine, Maryland, pointed firearms at the employees and demanded money.  Ramirez Delgado and his co-conspirators stole cash and a computer tower as well as other miscellaneous items, then ran to a getaway vehicle parked nearby, where another conspirator drove them away.

Ramirez Delgado and the government have agreed that, if the Court accepts the plea agreement, Ramirez Delgado will be sentenced to 10 years in federal prison and will be required to pay restitution in the full amount of the loss.  U.S. District Judge Deborah K. Chasanow has scheduled sentencing for October 10, 2023 at 1:30 p.m. 

This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

United States Attorney Erek L. Barron commended the U.S. Postal Inspection Service for their work in the investigation and thanked the Federal Bureau of Investigation, the Prince George’s County and Montgomery County Police Departments and the Fairfax County, Virginia Police Department for their assistance.  Mr. Barron thanked Assistant U.S. Attorneys Leah B. Grossi and William D. Moomau, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – Davon Rogers, age 40, of Baltimore, Maryland, pleaded guilty yesterday to attempted murder of a federal officer in connection with a shooting that occurred on December 29, 2021.  Co-defendant Juan Hester, age 41, of Baltimore, pleaded guilty on July 10, 2023, to conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and 50 grams or more of methamphetamine.

The guilty pleas were announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division; and Acting Commissioner Richard Worley of the Baltimore Police Department.

According to Rogers’ guilty plea, during the evening of December 29, 2021, members of the Drug Enforcement Administration (“DEA”) were conducting surveillance in the 2500 block of W. Fayette Street in Baltimore, as part of an ongoing federal drug trafficking investigation.  One of the members of the surveillance team was a DEA Special Agent who was in the area in his unmarked vehicle conducting covert surveillance in connection with the narcotics investigation.

Rogers admitted that while the Special Agent was inside of his vehicle, he and another individual approached the vehicle and began looking inside.  The Special Agent tried to avoid being seen by laying down in the rear area the vehicle.  After they looked inside of the Special Agent’s vehicle, Rogers and the second individual walked away from the vehicle.  Several minutes later, the Special Agent got into the driver’s seat of his vehicle to try to drive away from the area.  By that time, Rogers and the second individual had returned to the area.  At approximately 9:18 p.m., as the Special Agent began driving away, Rogers and the second individual began shooting at the Special Agent.  The Special Agent was nearly struck by one or more of the bullets, and his vehicle sustained multiple bullet strikes.  Specifically, bullets struck the driver’s side front and rear doors, the rear window, the trunk, and the passenger’s side sun visor and ceiling area.

As detailed in the plea agreement, the Special Agent was able to drive for approximately one block before crashing his vehicle into a nearby parked car and running to safety.  After the shooting, Rogers and the second individual fled the scene.  Investigators recovered multiple shell casings, of two different calibers, from the area where Rogers and the second individual shot at the Special Agent.  

After the shooting, search warrants were executed at co-defendant Juan Hester’s residence and at Rogers’ residence on December 30, 2021 and January 4, 2022.  Investigators recovered 113 grams of almost pure methamphetamine hydrochloride, 814 grams of THC, 34 grams of mixtures containing cocaine, three grams of mixtures containing fentanyl, and various cutting agents from Hester’s residence and investigators seized approximately fourteen rounds of .40 caliber ammunition from Rogers’ residence.  Based on new information received, two additional search warrants were executed on Hester’s residence on January 1, 2022 and January 6, 2022 and investigators recovered approximately 337 grams of mixtures or substances containing fentanyl, 78 rounds of 7.62 caliber ammunition, 32 rounds of .22 caliber ammunition and one handgun magazine.  Hester admitted that he maintained the residence as a premises for manufacturing or distributing controlled substances.

Rogers, Hester, and the government have agreed that, if the Court accepts the plea agreements, Rogers will be sentenced to nine years in federal prison and Hester will be sentenced to 14 years in federal prison.  U.S. District Judge Ellen L. Hollander has scheduled sentencing for Rogers on September 11, 2023 at 11:00 a.m. and for Hester on September 12, 2023 at 11:00 a.m. 

This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) National Integrated Ballistic Information Network (“NIBIN”).  NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms.  NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.  For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

United States Attorney Erek L. Barron commended the DEA and the Baltimore Police Department for their work in the investigation and thanked the Anne Arundel County, Howard County, and Baltimore County Police Departments, the Laurel Police Department, the Annapolis Police Department, the Maryland Transportation Authority Police Department, and the Baltimore City State’s Attorney’s Office for their assistance.  Mr. Barron thanked Assistant U.S. Attorneys Anatoly Smolkin and Darryl Tarver, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge George L. Russell, III, sentenced Bernard Bay, age 53, of Baltimore, to 51 months in federal prison, followed by three years of supervised release, for a racketeering conspiracy at the Chesapeake Detention Facility (CDF), in Baltimore, Maryland.  Judge Russell ordered that Bey’s federal sentence be served consecutive to the 10 year sentence that Bey is currently serving for possession of a stolen firearm.  Bey, who was a leader in the conspiracy, is the final defendant in the conspiracy to be sentenced.  Three former correctional officers (COs), three other detainees, and two outside “facilitators” pleaded guilty or were convicted after trial for their roles in the conspiracy, which involved paying bribes to correctional officers to smuggle contraband, including narcotics, tobacco, and cell phones, into the prison.  Bey’s co-defendants were sentenced to between 18 and 51 months in federal prison. 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Secretary Carolyn J. Scruggs of the Maryland Department of Public Safety and Correctional Services.

According to court documents and the evidence presented at trial, CDF is run by the Maryland Department of Public Safety and Correctional Services (DPSCS) pursuant to a contract with the United States Marshals Service (USMS) and is used for the housing of federal pretrial detainees.  

According to his plea agreement, from at least 2018 through June 2020, Bey conspired with other detainees, employees and associates of CDF to smuggle contraband into CDF, including narcotics, cell phones, and tobacco, in exchange for bribe payments.  Bey had a romantic relationship with CO Talaia Youngblood and she met with outside facilitators at Bey’s direction to receive contraband and bribe payments, as well as the cellular telephone that she used to communicate with Bey.  For example, in March 2020 Bey sent a note to CO Youngblood telling her that an outside facilitator would be providing her with marijuana and CDs and DVDs to smuggle into CDF.  Bey also told Youngblood to contact a second outside facilitator, whom Bey called “Fatman,” so that Fatman could provide her with a pair of designer sunglasses as a bribe.

As detailed in his plea agreement, during the Spring of 2020, Bey made a $500 bribe payment to another CO through an outside facilitator after CO Youngblood stopped showing up to work.  In August 2018, Bey paid a bribe to a third CO, Andre Davis, who then smuggled a smart watch and a package containing tobacco into CDF for Bey.

United States Attorney Erek L. Barron commended the FBI and DPSCS for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Peter J. Martinez and Robert I. Goldaris, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – On Wednesday, July 19, 2023, the U.S. Attorney’s Office for the District of Maryland, the U.S. Probation and Pretrial Services Office, and the Maryland Division of Parole and Probation, will sponsor a one-stop reentry resource fair that will be held from 10:00 a.m. to 2:00 p.m. at the Baltimore War Memorial, 101 N. Gay Street, Baltimore, MD.   More than 40 organizations, including at least 20 employers, will be on-site offering support, assistance and resources to returning citizens and justice-involved persons, including in the areas of employment, job training, educational opportunities, health services, transitional housing, expungement help and more. 

This reentry resource and job fair is a component of the U.S. Attorney’s Office’s violent crime reduction strategy.  In addition to the office’s enforcement efforts to remove violent criminals with guns from our communities, the U.S. Attorney’s Office has initiated a number of outreach, intervention and prevention efforts to support and invest in communities plagued by violence, such as this reentry resource fair.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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The Justice Department has filed a complaint against Patrick Britton-Harr and multiple laboratory companies owned by him alleging False Claims Act violations for submitting claims to Medicare for laboratory tests that were not ordered by health care providers, not medically necessary, and sometimes never performed. 

According to the complaint, Britton-Harr owned and operated Provista Health LLC as well as multiple other corporate entities that allegedly sought to profit from the unfolding COVID-19 pandemic by offering COVID-19 tests to nursing homes as a way to bill Medicare for a wide array of medically unnecessary respiratory pathogen panel (RPP) tests. The complaint alleges that these RPP tests were not medically necessary because the beneficiaries had no symptoms of a respiratory illness and because the tests were for uncommon respiratory pathogens.

The complaint also alleges that Britton-Harr and Provista Health submitted claims for RPP tests that were never ordered by physicians. Multiple physicians denied ever ordering the thousands of RPP tests for which Britton-Harr and Provista Health allegedly submitted claims to Medicare listing one of these physicians as the ordering provider. The complaint further alleges that Britton-Harr and Provista Health submitted claims to Medicare for RPP tests that were never performed, including over 300 claims that stated that the nasal swab test sample was supposedly collected from the beneficiary on a date after the beneficiary had died.    

As alleged in the complaint, Britton-Harr wholly owned and operated Provista Health, AMS Onsite Inc., Britton-Harr Enterprises Inc., Coastal Laboratories Inc. and Coastal Management Group Inc., and these companies – together with Britton-Harr – conspired to carry out these schemes. 

“The Department of Justice is committed to holding accountable individuals and entities who exploited the COVID-19 pandemic for their own illicit purposes,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to protect our federal health care programs, their beneficiaries, and taxpayers from fraud and abuse.”

“The complaint alleges that these individuals and their companies took advantage of a national health crisis to line their own pockets,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Our office has and will continue to bring to justice those who used the COVID-19 pandemic to defraud individuals or the government.”

“Providers who saw the COVID-19 pandemic as an opportunity for illegal profit undermine the goals and integrity of critical public health measures,” said Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG remains committed to working with our law enforcement partners to hold accountable those who attempt to defraud these crucial public health measures and steal money from federal health care programs.”

“Patrick Britton-Harr and his co-conspirators took advantage of vulnerable adults during the public health emergency,” said Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office. “The FBI and its partners will continue to aggressively investigate those who try to exploit the American people and swindle funds for their own profit.”

The United States’ pursuit of this lawsuit illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services,  at 800‑HHS‑TIPS (800-447-8477).  

This matter is being handled by the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Maryland. Investigative support is being provided by HHS-OIG and the FBI. The allegations in the complaint were identified by a government investigation that arose from a proactive analysis of Medicare claims data. 

The Civil Division's Fraud Section Trial Attorneys Jonathan Hoerner and Vincent Vaccarella and Assistant U.S. Attorney/Deputy Civil Chief Tarra DeShields for the District of Maryland are handling this case.

The claims in the complaint are allegations only, and there has been no determination of liability.

Complaint

Baltimore, Maryland – Chief U.S. District Judge James K. Bredar today sentenced Cory Collin Fitzgerald Sanders, age 39, of Hagerstown, Maryland, to 45 months in federal prison, followed by three years of supervised release, for wire fraud, false claims, and making and using a false document in connection with his companies’ performance on federal contracts.  Chief Judge Bredar also ordered Sanders to forfeit $173,926.99 and to pay restitution of $27,315.10.  A federal jury convicted Sanders on March 6, 2023, after a nine-day trial.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Troy W. Springer, of the National Capital Region of the U.S. Department of Labor’s Office of Inspector General (“DOL-OIG”); and Special Agent in Charge Greg Gross of the U.S. Naval Criminal Investigative Service (NCIS) Economic Crimes Field Office (ECFO).

According to the evidence presented at the nine-day trial, in June 2014 Sanders formed Sandtech LLC, a Maryland limited liability company whose business was the sale of video teleconference equipment to the Department of Defense and other agencies of the federal government.  Sanders was the sole owner, agent, and president of Sandtech.  Witnesses testified that Sanders obtained contracts with federal agencies for Sandtech to provide telecommunications equipment and services.  Sanders caused Sandtech to fail to perform on contracts with the U.S. Department of Labor and the Department of the Army, which terminated the Sandtech contracts for cause.  Sanders then formed Cycorp Technologies in 2016 to provide the same type of telecommunication services as Sandtech. 

The trial evidence proved that from February 10, 2015 through June 30, 2020, Sanders engaged in a scheme to defraud the government by entering into contracts with federal agencies that required Sandtech or Cycorp Technologies to provide new telecommunications equipment which was still under manufacturers’ warranty.  The evidence showed that in his communications with federal agency contracting officers Sanders provided false information about the delivery, source, warranty, and/or condition of the electronic equipment provided by his companies, including misrepresentations that the equipment was new and protected by the manufacturer’s warranty, when Sanders knew that the equipment was not new, or was new but not under warranty, or was procured through unauthorized channels.  The evidence also showed that Sanders was not authorized to provide certain IT services to the federal government, although he represented to government officials that he was.  

Further, Sanders provided contracting officials with false information and false documents about the credentials, certifications, and qualifications of Cycorp Technologies.  As proven during trial, Sanders provided fabricated and forged documents falsely certifying Cycorp Technologies’ status as an “authorized partner” of two large national telecommunications equipment manufacturers.  If true, the certificates would have authorized Cycorp Technologies to buy directly from those companies’ distributors, provide maintenance to their equipment, or re-sell their new and warrantied products.  In addition, Sanders submitted invoices on behalf of Sandtech and Cycorp Technologies so that the government agencies he contracted with would pay for deficient or non-existent performance by electronic deposit into business bank accounts.

“Cory Collin Fitzgerald Sanders executed a brazen scheme using a pattern of deception to defraud numerous federal agencies on telecommunication contracts awarded to his companies. Today's sentencing should serve as a strong message to those who choose to defraud the government and harm the American taxpayer,” said Acting Special Agent in Charge Troy W. Springer of the U.S. Department of Labor – Office of Inspector General (DOL-OIG), National Capital Region. “DOL-OIG is committed to working closely with the U.S. Attorney’s Office and our investigative partners to combat fraud, deception, and other criminal acts associated with federal government contracting and purchasing.”

“Mr. Sanders deserves to be held fully accountable for his actions to defraud the U.S. Government by routinely providing telecommunications equipment that did not meet contract specifications and submitting false documentation in an attempt to cover up his scheme,” said Special Agent in Charge Greg Gross of the U.S. Naval Criminal Investigative Service (NCIS) Economic Crimes Field Office (ECFO). “NCIS and our partners are dedicated to rooting out product substitution and other frauds that diminish the Department of the Navy’s (DON) warfighting capabilities and threaten the integrity of the DON acquisition process.”

United States Attorney Erek L. Barron commended the DOL-OIG and the NCIS for their work in the investigation and thanked the Army Criminal Investigation Division, and the Offices of Inspector General for the U.S. Department of State, the U. S. Department of Commerce, the U.S. Environmental Protection Agency, the U.S. Department of the Interior, the Defense Criminal Investigative Service, the U.S. Department of Homeland Security, the U.S. Department of Health and Human Services and the U.S. Department of Justice for their assistance.  Mr. Barron thanked Assistant U.S. Attorneys Evelyn Lombardo Cusson and Stephanie Williamson, who prosecuted the case and thanked Paralegal Specialists Juliette Jarman and Jenna Lee for their assistance.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to fight fraud, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.

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Greenbelt, Maryland – Former Prince George’s County Department of Corrections correctional officer Danielle Dominique Smith, age 34, of Waldorf, Maryland, pleaded guilty to conspiracy to distribute and possess with intent to distribute a controlled substance, in connection with her smuggling drugs to a prisoner with whom she had an intimate relationship.  

The guilty plea was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division; Director Corenne D. Labbe of the Prince George’s County Department of Corrections; and Chief Malik Aziz of the Prince George’s County Police Department.

According to her guilty plea, from November 23, 2009 through April 15, 2022, Smith was employed as a correctional officer at the Prince George’s County Department of Corrections (“PGDOC”) detention facility.  During her employment, Smith developed a romantic and sexual relationship with an inmate at PGDOC, discussing their relationship on recorded jail calls beginning on at least June 3, 2021 and continuing until March 2, 2022.

As detailed in the plea agreement, from August 29, 2021 and March 2, 2022, Smith conspired with her inmate boyfriend and other co-conspirators to distribute Suboxone, and the synthetic cannabinoid commonly known as K2.  Specifically, Smith obtained the controlled substances from co-conspirators outside PGDOC, then smuggled the drugs into PGDOC where she concealed them on special diet food trays designated for her inmate boyfriend.  Once the inmate received the food tray, he distributed the controlled substances to other inmates within PGDOC.  Other inmates, or relative and friends of inmates then sent Smith money for the controlled substances.

Smith and the inmate discussed the distribution of the controlled substances on recorded jail calls, referring to the controlled substances as food products in an effort to conceal the nature of the conversation.  On September 24, 2021, PGDOC Special Investigations and Intelligence Section conducted a targeted cell search of Smith’s boyfriend’s cell for contraband and recovered white paper that was found to contain K2.  On February 16, 2022, PGDOC Special Investigations and Intelligence Section conducted a targeted cell search of another PGDOC inmate for suspected contraband and found a bottle containing 395 strips that were found to contain Suboxone.  The K2 and Suboxone were smuggled into PGDOC by Smith.

According to the plea agreement, at the end of February 2022, Smith took pre-approved leave from work.  Smith continued to speak to her inmate boyfriend on jail calls during that time.  On a March 2, 2022 jail call, the day Smith was scheduled to return to work, the inmate asked Smith if she was bringing the “meals,” and Smith said she was.  Concerned that Smith was going to smuggle additional controlled substances, PGDOC administratively suspended Smith when she arrived at work that same day.

Smith and the government have agreed that, if the Court accepts the plea agreement, Smith will be sentenced to six months of home detention.  U.S. District Judge Theodore D. Chuang has scheduled sentencing for October 13, 2023, at 2:30 p.m.

U.S. Attorney Erek L. Barron commended the DEA, the PGDOC, and the Prince George’s County Police Department for their work in the investigation.  Mr. Barron also thanked Assistant United States Attorney Leah B. Grossi, who is prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – Mboutchock Kabiwa a/k/a Eugenie Bakari or Eugenie Kabiwa, age 45, of Silver Spring, Maryland, pleaded guilty yesterday to conspiracy to commit health care fraud in connection with a scheme to pay bribes and kickbacks to Medicaid beneficiaries to induce the beneficiaries to visit her company Holy Health Care Services, LLC (“Holy Health”), a mental health services provider with locations in Washington, D.C.

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge of the FBI Washington Field Office’s Criminal and Cyber Division, Emily Odom; Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services (“HHS OIG”); and Daniel W. Lucas, Inspector General for the District of Columbia.

According to her plea agreement, Kabiwa and a co-conspirator owned and operated Holy Health.  Holy Health entered into Medicaid Provider Agreements with the District of Columbia’s Department of Health Care Finance (“DHCF”), to provide healthcare services to D.C. Medicaid recipients.  Holy Health was certified by the District of Columbia’s Department of Behavioral Health (“DBH”) to provide mental health services as a freestanding clinic and as a Mental Health and Rehabilitation Services (“MHRS”) provider.  As a certified MHRS provider, Holy Health had authority to provide and bill for a variety of mental health services including “community support” – a service for which community support workers (“CSWs”) provide rehabilitative and educational support to mental health patients both in clinical settings and in the community.  Holy Health documented the services provided to patients utilizing an electronic healthcare system called the Integrated Care Management System (“ICAMS”), then submitted invoices for those services to DHCF, which processed the invoices and paid Holy Health.  

As detailed in the plea agreement, Kabiwa and her co-conspirators paid bribes and kickbacks to Medicaid beneficiaries to induce the beneficiaries to visit Holy Health, and paid bribes and kickbacks to others in exchange for referring Medicaid beneficiaries to Holy Health for mental health services.  The co-conspirators caused Medicaid beneficiaries to be transported, often by van, to Holy Health’s North Capitol location.  Medicaid beneficiaries who visited Holy Health were required to sign in and received a cash bribe – generally $5 or $10 – in exchange for visiting Holy Health.  To conceal the nature of these payments, Kabiwa directed Holy Health employees to falsely describe these payments as a transportation stipend, even when Holy Health transported the beneficiaries or when beneficiaries were not incurring transportation expenses.  At other times during the conspiracy, Kabiwa and her co-conspirators attempted to conceal the illegal bribe payments to beneficiaries as payments from the Agatha Foundation, a nonprofit that Kabiwa founded.  Kabiwa provided front-desk employees of Holy Health with sign-in sheets containing Agatha Foundation letterhead to create the false appearance that Agatha was making the payments.  Kabiwa admitted that she and a co-conspirator provided funds to Holy Health employees to fund the kickback and bribe payments. 

According to the plea agreement, Kabiwa and her co-conspirators caused claims to be submitted by Holy Health to Medicaid for services, including community support services, purportedly provided to Medicaid beneficiaries procured through bribes and kickbacks.  Medicaid would not have paid the claims had it known they were procured through bribes and kickbacks.  Kabiwa also became aware that co-conspirators entered false notes into ICAMS for CSW services that were not rendered and were not provided as billed to Medicaid, but took no action to stop or correct the fraudulent claims.  Based on the amount that Medicaid paid to Holy Health for community support services that were not delivered or procured through bribes and kickbacks, the actual loss to Medicaid was at least approximately $3,343,781.

Finally, Kabiwa admitted that she fraudulently obtained an Economic Injury Disaster Loan (“EIDL”) of $150,000 for Holy Health.  The EIDL program was part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and was intended to help small businesses meet necessary financial obligations that could have been met had the COVID-19 pandemic not occurred.  After a $1,000 handling charge, EIDL loan proceeds of $149,900 were transferred into a Holy Health bank account on May 26, 2020.  Within a few days, Kabiwa transferred $120,000 of the EIDL proceeds from the Holy Health bank account to her personal bank account.  Kabiwa used the EIDL funds for personal purposes including to purchase two vehicles—one of which was a Porsche Cayenne.  Kabiwa titled both vehicles in the name of her non-profit, the Agatha Foundation.  Kabiwa also transferred more than $40,000 in EIDL funds overseas, including $37,821 to Cameroon, even though Holy Health had no operations outside of the United States. 

Kabiwa faces a maximum sentence of 10 years in federal prison for the health care fraud conspiracy.  As part of her plea agreement, Kabiwa will be required to forfeit and pay restitution in the full amount of the loss, which the parties agree is at least $3,493,681.  U.S. District Judge Paula Xinis has scheduled sentencing for November 21, 2023 at 10:00 a.m.

The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.  The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic.  The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.  The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds. 

For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.  Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

United States Attorney Erek L. Barron commended the FBI, the HHS OIG, and the District of Columbia Office of Inspector General’s Medicaid Fraud Control Unit for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Jessica C. Collins, Christopher M. Sarma, and Megan S. McKoy, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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Baltimore, Maryland – U..S. District Judge Richard D. Bennett sentenced McArnold Charlemagne, age 35, of Miramar, Florida, yesterday to 41 months in federal prison, followed by one year of supervised release, for a federal mail fraud conspiracy charge, in connection with a scheme in which he defrauded more than 65 elderly victims of more than $1.5 million.  Judge Bennett also ordered Charlemagne to pay restitution of $1,866,745.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.

“Targeting senior citizens for abuse will bring the full weight of the U.S. Attorney’s Office,” said Unites States Attorney Erek L. Barron.  “If you or someone you know is a victim of financial fraud, please help us bring justice by contacting the Elder Fraud Hotline at 833-FRAUD-11 (833-372-8311).”

“Elderly Americans deserve to live their golden years enjoying their hard-earned savings, not being victimized by fraudsters like Charlemagne,” said Special Agent in Charge Thomas J. Sobocinski of the FBI's Baltimore field office. “The FBI will do all it can to make seniors aware of these threats and hold those preying on our seniors accountable.”

According to Charlemagne’s plea agreement, from about January 2018 through at least December 2019, he was part of a conspiracy to defraud elderly victims by persuading them to send thousands of dollars in cash to members of the conspiracy by falsely stating that the money would be used to help the victims’ relatives pay legal or other expenses in connection with crimes and other incidents that had not occurred or that the money would be sent to particular individuals at their addresses, rather than to members of the conspiracy falsely claiming to reside at those addresses.  Charlemagne’s co-conspirators telephoned elderly victims throughout the United States, posing as a police officer, lawyer, or other individual, falsely telling the victim that a relative, typically the victim’s grandchild, had been incarcerated in connection with a car accident or traffic stop involving a crime, and needed money—often tens of thousands of dollars—for bail, legal fees, and other expenses. 

As detailed in the plea agreement, during the telephone calls, the co-conspirators directed victims to send cash to a particular address via an overnight delivery service.  The co-conspirators even posed as the victims’ relatives to further induce them to send the cash.  Once the victims did send money, the co-conspirators called the victims asking for more cash, regularly obtaining tens of thousands of dollars from the retirement savings of victims.  To prevent the victims from sharing the information with anyone, the co-conspirators allegedly told the victims that a “gag order” had been placed on the case requiring secrecy, or that the situation was embarrassing for the grandchild and they didn’t want anyone else to know about it.

Charlemagne admitted that, in order to conceal the crime, he and other co-conspirators identified residential locations across the country where the cash should be sent, including in Maryland, Pennsylvania, Delaware, and Florida.  Charlemagne and his co-conspirators identified locations that were either vacant or for sale, so that no one would be at those locations at the time of the deliveries, then retrieved the packages of cash when they were delivered.  Charlemagne and other co-conspirators recruited and instructed additional people to assist in retrieving packages of cash from specified locations.

As a result of the execution of the scheme to defraud, Charlemagne and others caused at least 85 different victims to send a total of at least $2.5 million.

On June 15, 2023, co-conspirator Eghosasere Avboraye-Igbinedion a/k/a “Ego” and “Ghost,” age 28, of Miramar, Florida, was convicted after a six-day trial conspiracy to commit mail fraud and four counts of mail fraud, in connection with the scheme.  Co-conspirator Medard Ulysse, age 38, most recently of Miami, Florida, was sentenced earlier this year to nine years in federal prison, for wire fraud and conspiracy to commit mail fraud in relation to multiple fraud schemes, including the elder fraud “grandparent” scam. 

Reporting from consumers about fraud and fraud attempts is critical to law enforcement efforts to investigate and prosecute schemes targeting older adults.  If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps, including identifying appropriate reporting agencies, providing information to callers to assist them in reporting or connecting them with agencies, and providing resources and referrals on a case-by-case basis.  The hotline is staffed from 10:00 a.m. to 6:00 p.m. Monday through Friday.  English, Spanish, and other languages are available.  More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.  Victims are encouraged to file a complaint online with the FBI’s Internet Crime Complaint Center at this website or by calling 1-800-225-5324. 

United States Attorney Erek L. Barron commended the FBI for its work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Sean R. Delaney and Christine Goo, who are prosecuting the case.

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Greenbelt, Maryland – Donald Fortune, Jr., age 19, of Greenbelt, Maryland, pleaded guilty yesterday to federal charges for illegal possession of a machinegun, possession with intent to distribute oxycodone and fentanyl, and possession of a firearm in furtherance of a drug trafficking crime.  

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Malik Aziz of the Prince George’s County Police Department (“PGPD”).

According to his guilty plea, law enforcement began investigating Fortune in April 2022 for suspected firearms and drug trafficking offenses.  As part of the investigation, PGPD detectives monitored public posts from Fortune’s social media account where he displayed firearms and advertised drugs for sale.  Based on their investigation, including the social media posts, PGPD detectives obtained a search warrant for Fortune’s apartment.

On June 2, 2022, law enforcement was conducting surveillance outside Fortune’s apartment building in preparation for executing the warrant.  In the late morning, Fortune was seen exiting the building and approaching a silver Honda Civic.  Fortune removed a large bag of blue pills, suspected to be oxycodone, from a Gucci bag that he was wearing.  Fortune engaged in a suspected hand-to-hand drug transaction with the driver of the Civic.  Fortune then placed the pills back in the Gucci satchel and returned to his apartment.

A short time later, Fortune left the apartment building accompanied by a woman.  He was wearing the Gucci satchel across his chest and had his right hand in the satchel as he walked, consistent with having a firearm inside the satchel.  Fortune and the woman got into a rideshare and the vehicle drove away.  PGPD police conducted a traffic stop a short time later and observed Fortune reach down toward his feet.  Officers asked Fortune, who was still wearing the Gucci satchel, to step out of the vehicle and officers observed a .40-caliber semi-automatic pistol on the floorboard where Fortune had been seated.  The gun was loaded with one round in the chamber and 21 rounds in an extended magazine and was equipped with a full auto selector switch on the rear of the handgun slide, making it a machinegun under federal law.  A search of the Gucci satchel recovered a large bag containing 232 30mg blue pills, later found to be counterfeit oxycodone pills containing fentanyl.  Officers also recovered $790 in cash from Fortune.  Fortune was arrested and charged in Prince George’s County.  He was held for 12 days before being released on June 14, 2022, pending trial.

Fortune admitted that he continued to sell drugs and possess firearms after his release, including coordinating a drug deal around a court appearance.  Fortune switched to using a second social media account in mid-July 2022, believed by investigators to be an effort to evade law enforcement.  Investigators began monitoring this account, where Fortune continued to advertise pills for sale and display firearms, despite being on pretrial release.  For example, on July 26, 2022, investigators observed a public-facing live video that was streaming from Fortune’s second social media account, which showed Fortune smoking a suspected marijuana cigarette, flashing two prescription bottles, and holding an AR-style pistol.  Fortune then turned the camera around to show a table display of at least six firearms, including two AR-style pistols, one handgun with an extended magazine, and one handgun with a suspected full-automatic switch, with cash fanned out in front of the firearms.

As detailed in the plea agreement, that evening, PGPD officers were on patrol in the 6400 block of Pennsylvania Avenue in District Heights, Maryland and saw Fortune smoking marijuana on the sidewalk in front of a residence.  As the officer was parking his car in the parking lot, he saw Fortune walk behind a pick-up truck and throw an item under the truck, then walk away from the area.    Believing Fortuned had discarded a firearm or contraband, the officer got out of his unmarked police cruiser to speak with Fortune, who continued to walk away.  As the officer got closer, Fortune began running and was apprehended a short distance away.  Another officer arrived and stayed by the location where Fortune had been seen throwing something.  A search of the area recovered a privately manufactured 5.56 caliber semi-automatic AR-15 style pistol with no serial number, also known as a “ghost gun.”  The gun was loaded with 30 rounds of ammunition in the magazine and one in the chamber.  Officers searched Fortune and recovered two pill bottles containing 16 real or counterfeit oxycodone pills.  The pills were tested and eight were found to contain approximately 5mg of oxycodone each and the rest were found to be counterfeit oxycodone pills that contained fentanyl. 

Fortune and the government have agreed that, if the Court accepts the plea agreement, Fortune will be sentenced to between seven years and 10 years in federal prison.  U.S. District Judge Theodore D. Chuang has scheduled sentencing for November 3, 2023, at 9:30 a.m. 

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the FBI’s Cross Border Task Force and the Prince George’s County Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Patrick D. Kibbe, and Special Assistant U.S. Attorney Joshua A. Rosenthal, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced Antione William Tuckson, age 38, of Waldorf, Maryland, to 37 months in federal prison, followed by three years of supervised release, for false impersonation of an officer and employee of the United States and for being a felon in possession of a firearm. 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; U.S. Marshal Johnny Hughes; Postal Inspector in Charge Damon E. Wood of the U.S. Postal Inspection Service - Washington Division; and Chief Malik Aziz of the Prince George’s County Police Department.

As detailed in the plea agreement, beginning in at least December 2018, Tuckson undertook a scheme to impersonate a Deputy United States Marshal (“DUSM”).  On December 27, 2018, Tuckson used a vehicle with emergency lights to interfere in a robbery in Charles County, Maryland, identifying himself to investigators from the Charles County Sheriff’s Office as a United States Marshal during the incident.  In December 2020, Tuckson registered the trademark “USMS Special Services,” with the State of Maryland and registered multiple vehicles in that name, using forged Maryland Motor Vehicle Administration records to make it appear that the vehicles were registered as emergency vehicles in Maryland.  The vehicles were equipped with red and blue flashing lights as if they were law enforcement vehicles. 

According to the plea agreement, in early 2022, Tuckson impersonated a DUSM to secure employment as an armed security guard at a restaurant in District Heights, Maryland.  Tuckson identified himself as a United States Marshal to the part-owner of the restaurant to get the job.  On March 6, 2022, Tuckson showed up for work at the restaurant wearing a vest marked “POLICE,” a tactical belt with a 9mm semi-automatic pistol and multiple ammunition clips, and brought a dog which was also outfitted in police K-9-style gear.  Tuckson also possessed a fake Department of Justice (“DOJ”) identification card, a United States Marshals Service (“USMS”) law enforcement badge, handcuffs, and a taser. 

That evening, two women at the restaurant got into a dispute over their bill and Tuckson intervened, identifying himself to the patrons as a United States Marshal.  Tuckson followed the women after they ran from the restaurant.  Tuckson then falsely held himself out as a DUSM to Prince George’s County Police Department (“PGPD”) officers whom he encountered at a park while pursuing the two women.  After returning to the restaurant Tuckson encountered additional PGPD officers who had reported to the scene.  When questioned by the officers, Tuckson continued to identify himself as a DUSM and displayed his fake badge.  Tuckson told the officers that the USMS could verify his employment and officers asked him to put them in touch with a supervisor that would confirm his employment.  Tuckson called an individual who claimed to be a supervisor of Tuckson at a security company and then called a co-conspirator, who also claimed to be a DUSM and Tuckson’s supervisor.  Both falsely told officers that Tuckson was a DUSM. 

After further investigation revealed that Tuckson was not a DUSM, he was arrested and officers recovered the 9mm semi-automatic pistol that was loaded with 11 rounds of ammunition.  Tuckson knew that he had a previous felony conviction and was prohibited from possessing a firearm or ammunition. 

 This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the U.S. Marshals Service, the U.S. Postal Inspection Service, and the Prince George’s County Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Timothy F. Hagan, and Special Assistant U.S. Attorney Peter L. Cooch, who are prosecuting the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland - U.S. District Judge George L. Russell, III today sentenced John Frederick Hegedus, age 34, of Hagerstown, Maryland, to 30 years in federal prison, followed by lifetime supervised release, for sexual exploitation of a child.  Judge Russell also ordered that, upon his release from prison, Hegedus must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”). 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.

According to his guilty plea, Hegedus sexually abused a six-year old girl on seven separate instances between April 26, 2022 and June 9, 2022.  Hegedus admitted that he used his cellular phone to record his abuse of the minor victim and subsequently posted the videos to a child pornography group chat.  The videos were reported to law enforcement and on June 9, 2022, law enforcement executed a search warrant at Hegedus’ apartment and Hegedus was arrested.  During the execution of the warrant, agents noted that the background shown in the videos matched the defendant’s apartment.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.

United States Attorney Erek L. Barron commended the FBI for its work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who prosecuted the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Joseph Williams, a/k/a “Blue,” age 33, of Baltimore, Maryland, to 26 years in federal prison, followed by five years of supervised release, for conspiracy to commit a Hobbs Act robbery and for using, carrying, brandishing, and discharging a weapon during and in relation to a crime of violence. 

The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Commissioner Richard Worley of the Baltimore Police Department.

According to their plea agreements, on September 29, 2020, Williams and co-defendants George Felds and Deron Johnson conspired to rob a 16-year-old of drugs and drug proceeds.  Specifically, at approximately 4:24 a.m., Johnson and the victim pulled into the parking lot of a hotel in the 6500 block of Frankford Avenue in Baltimore, where Williams had been staying for several months, selling drugs under a fictitious name.  Johnson was working as a “hack” driver and gave the victim a ride to the hotel on the ruse that the victim would be selling drugs to Williams and Fields.

As detailed in the plea agreements, Williams and Fields approached Johnson’s van and Fields held out money as though he was ready to make a purchase.  Williams and Fields then began robbing the victim while Johnson walked to the rear of the van and smoked.  Fields admitted that he pinned the victim down in the front passenger seat of the van and went through his pockets.  The victim struggled, flailing his arms and legs.  Williams admitted that he then pulled out a handgun and fired a single shot into the victim’s chest at close range.  The victim stumbled away from the van and collapsed on the ground.  Williams, Fields and Johnson then got into the van and drove away.  A hotel surveillance camera captured the entire incident.  The victim died later that day after being taken to the hospital.  No drugs, money, or cell phone were recovered from the victim’s personal effects. 

Later that morning, the conspirators returned to the hotel in Johnson’s van, while police were still processing the scene.  Williams, Fields and Johnson entered the hotel together.  Police recognized the van from the hotel surveillance footage and towed the van and detained Johnson.  A search warrant was executed on the van and law enforcement recovered a single bullet from the front row carpet.  On October 1, 2020, Johnson’s phone was searched and was found to contain evidence of the plan to rob the victim, including: text messages between Johnson and Williams; a record of phone calls between Johnson and the victim; several calls exchanged between Johnson and phone numbers used by Williams in the hours before and after the murder; a photograph of Johnson with Williams and Fields; and Fields’ contact information was in Johnson’s contacts.

A cell phone seized from Williams at the time of his arrest revealed that Williams had been staying at the hotel, where he was also dealing drugs and that he was in dire need of money.  The phone also contained messages immediately following the murder in which Williams made plans to dispose of the murder weapon and directed another individual to destroy evidence.

George Fields, a/k/a “Chin,” age 49, of Baltimore, previously pleaded guilty to his role in the conspiracy and was sentenced to 25 years in federal prison.  Co-defendant Deron Johnson, a/k/a “DJ,” age 52, of Baltimore, pleaded guilty to the conspiracy and to committing the robbery.  Johnson is expected to be sentenced to between 15 and 20 years in federal prison at his sentencing on September 6, 2023, at 11:00 a.m. 

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the FBI and the Baltimore Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Kim Y. Oldham, who is prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Nigerian citizen, Akolade Ojo, age 31, of Owings Mills, Maryland, yesterday to 46 months in federal prison, followed by three years of supervised release, for conspiracy to commit wire fraud.  Judge Gallagher also ordered Ojo to pay $1,320,186.19 in restitution.  The charges stemmed from fraud schemes in which Ojo communicated with his co-conspirators about the receipt of money from victims into bank accounts controlled by the conspirators and instructed conspirators about withdrawals, transfers, and purchases of cashier’s checks using the fraudulently obtained funds.

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore; Special Agent in Charge Karen L. Brown Cleveland of the U.S. Department of State, Diplomatic Security Service (“DSS”), Washington Field Office; Acting Special Agent in Charge Troy W. Springer, of the National Capital Region of the U.S. Department of Labor’s Office of Inspector General (“DOL-OIG”); and Postal Inspector in Charge Damon E. Wood of the U.S. Postal Inspection Service – Washington Division.

According to Ojo’s plea agreement and other court documents, from August 2018 to November 2020, Ojo and his co-conspirators, some of whom were located outside the United States, defrauded multiple businesses, individuals, and financial institutions.  As part of the fraud schemes, Ojo’s co-conspirators obtained fake passports and other identification documents, in multiple aliases, created and used limited liability companies to further hide their identities, and opened bank accounts in the names on the identification documents or the limited liability companies.  Other conspirators made false representations to companies and individuals to induce them to fraudulently send money to the bank accounts controlled by the conspirators.  These false representations included hacking into email accounts to impersonate individuals and redirect legitimate payments for services and products; deceiving victims about how to pay a vendor’s legitimate invoice through look-alike email addresses; and romance frauds. 

Ojo and other co-conspirators used an encrypted messaging app to communicate the timing of financial transactions, including directing members of the conspiracy regarding the deposit, withdrawal, transfer, and conversion of fraudulently obtained funds.  Ojo admitted that he was involved in numerous financial transactions in which money was directed to aliases that were being used by his co-conspirators and that he personally benefitted from the money obtained by the fraud.  Ojo knew that the fraud schemes involved more than 15 business and individual victims with losses of at least $1.5 million.

Ojo is the final defendant charged in the conspiracy to be sentenced.  In May 2022, co-defendant Idowu Raji, age 40, of Baltimore County, Maryland, was sentenced to 94 months in federal prison for this and a related case.  Hameed Adesokan, age 35, of New Jersey, and Damilola Lawal, a/k/a DML, D Baba, and Dami, age 32, of Windsor Mill, Maryland, were each sentenced to 46 months in federal prison, for their roles in the fraud scheme.  Adewumi Abioye, age 35, of Randallstown, Maryland; and Lukman Salam, age 37, of Bear, Delaware were sentenced to 27 months and 30 months in federal prison, respectively.  Olatunde Vincent, age 35, of Pikesville, Maryland was sentenced to 50 months in prison for a related case.

United States Attorney Erek L. Barron commended HSI, the DSS, the DOL-OIG, and the U.S. Postal Inspection Service for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Harry M. Gruber, who prosecuted the case and Paralegal Joanna B.N. Huber, who assisted on the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/report-fraud.

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A federal court enjoined a Cumberland, Maryland, pharmacy and its owner and pharmacist from dispensing controlled substances, including opioids, without taking specific steps to help ensure the drugs will not be abused or diverted, and ordered them to pay a $120,000 civil penalty.

The court’s order, entered pursuant to a consent decree of permanent injunction, resolves a complaint filed by the United States on June 16 alleging that Beckman’s Greene Street Pharmacy and its owner and pharmacist-in-charge, John A. Beckman, filled hundreds of prescriptions in violation of the Controlled Substances Act (CSA). The complaint alleges that the defendants ignored obvious “red flags” of drug abuse, drug diversion, and drug-seeking behavior. For example, according to the complaint, the defendants repeatedly filled prescriptions for dangerously large doses and high-risk combinations of controlled substances known to be sought by drug abusers and which significantly increase the risk of overdose. The complaint alleges that the defendants frequently filled prescriptions for an opioid known as buprenorphine in a form that did not include the abuse-deterrent component with which it is ordinary prescribed. The complaint further alleges that the defendants often dispensed controlled substances to patients who lived long distances from the pharmacy or who paid in cash despite the availability of insurance. According to the complaint, at least 10 patients died within 10 days of having controlled substance prescriptions filled at Beckman’s Greene Street Pharmacy.

“Pharmacies and pharmacists have an obligation to prevent the illegal dispensing of controlled substances,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will work with its law enforcement partners to hold responsible those who dispense potentially dangerous prescription drugs in violation of the law.”

“Those who fill and dispense controlled substances prescriptions, including for opioids, without fulfilling their responsibilities, fan the flames of the ongoing opioid epidemic,” said U.S. Attorney Erek L. Barron for the District of Maryland. “The U.S. Attorney’s Office for the District of Maryland will use all tools at its disposal — criminal and civil — to hold responsible those who violate the CSA.”

“The devastating effects of opioid overdoses and poisonings have affected many lives in our local communities,” said Special Agent in Charge Jarod Forget of the DEA Washington Division. “Health care providers have a great responsibility as it relates to dispensing medications to meet the health needs of our citizens. This includes being vigilant for any signs of controlled substance diversion or misuse. Our team is committed to protecting the safety and health of all Americans, which includes ensuring that all licensed professionals comply with the law and report dangerous behaviors.”

Beckman and Beckman’s Greene Street Pharmacy agreed to be bound by the consent decree. The injunction entered by U.S. District Judge Lydia Kay Griggsby for the District of Maryland prohibits the defendants from filling certain “red flag” prescriptions and requires the defendants to fill other prescriptions only with documentation justifying those prescriptions. 

DEA Special Agent Thomas W. Adams of the Washington Division’s Hagerstown Resident Office investigated the case along with the Washington Division’s Baltimore Diversion Group. Senior Litigation Counsel Donald R. Lorenzen of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Alan C. Lazerow for the District of Maryland handled the case.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.

The claims made in the complaint are merely allegations that the United States would need to prove if the case proceeded to trial.

Baltimore, Maryland - U.S. District Judge Lydia K. Griggsby approved the United States’ consent decree with John A. Beckman, a Cumberland, Maryland based pharmacist, and Beckman’s Greene Street Pharmacy, Inc. (“Beckman’s Pharmacy”), resolving the United States’ civil allegations that Beckman and Beckman’s Pharmacy violated the Controlled Substances Act (“CSA”) in illegally dispensing controlled substances.

            The consent decree was announced by United States Attorney for the District of Maryland Erek L. Barron; Principal Deputy Assistant Attorney General Brian M. Boynton, of the Justice Department’s Civil Division; and Special Agent in Charge Jarod A. Forget of the Drug Enforcement Administration – Washington Field Division.

“Irresponsible pharmacies and pharmacists fan the flames of the ongoing opioid epidemic,” said U.S. Attorney Erek L. Barron.  “Our office intends to use all tools at our disposal—criminal and civil—to hold accountable those at every step in the supply chain who violate the CSA.”

“Pharmacies and pharmacists have an obligation to help stop the illegal distribution of controlled substances,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will work with its law enforcement partners to hold responsible those who dispense potentially dangerous prescription drugs in violation of the law.”

“The devastating effects of opioid overdoses and poisonings have affected many lives in our local communities,” said Special Agent in Charge Jarod Forget for the DEA Washington Division. “Healthcare providers have a great responsibility as it relates to dispensing medications to meet the health needs of our citizens. This includes being vigilant for any signs of controlled substance diversion or misuse. Our team is committed to protecting the safety and health of all Americans, which includes ensuring that all licensed professionals comply with the law and report dangerous behaviors.”

The Government alleges that at least since 2017, Beckman and Beckman’s Pharmacy knowingly filled fraudulent prescriptions for controlled substances, ignoring red flags that should have acted as warning signs that the prescriptions were not legitimate.  More specifically, the Government alleges that, since at least 2017, Beckman and Beckman’s Pharmacy would often dispense dangerous combinations of controlled substances which are known to be pursued by drug abusers, but which seriously increase the risk of respiratory distress, overdose, and death, and did so without noting any reasonable explanation for these dangerous combinations.  These combinations included the extremely dangerous “holy trinity,” which combines an opioid, a benzodiazepine, and carisoprodol.  Additionally, Beckman and Beckman’s Pharmacy often dispensed a combination of an opioid and buprenorphine, a drug which is generally used to treat opioid dependence and regularly filled prescriptions for controlled substances that were paid for with cash even though the patient had insurance available to pay for the patient’s prescriptions. 

The Centers for Disease Control and Prevention generally recommends that individuals should avoid daily dosages of opioids over 90 morphine milligram equivalents (MME), but Beckman and Beckman’s Pharmacy routinely dispensed prescriptions to patients causing their MME levels to be many times that amount—and upwards of 1000 daily MME.  The Government alleges that Beckman and Beckman’s Pharmacy dispensed opioids to more than ten patients who subsequently died within ten days of the date of the prescription for those opioids. 

Under the consent decree, Beckman and Beckman’s Pharmacy agree to pay a $120,000 civil monetary penalty and are required to identify certain red flags—including when a patient has traveled a long distance to the pharmacy, and when a patient is receiving an opioid and a benzodiazepine.  Before filling prescriptions bearing those and other red flags, the consent decree requires Beckman and Beckman’s Pharmacy to document in detail any indications of abuse or diversion and the steps they took to ensure that the prescription was valid and was issued for a legitimate medical purpose, and that the prescription would not be abused or diverted for illegitimate purposes.  Additionally, under the consent decree, Beckman and Beckman’s Pharmacy are prohibited from filling certain prescriptions, including when a patient presents prescriptions that, if filled, would cause the patient to take more than 90 daily MME; a combination of an opioid, a benzodiazepine, and carisoprodol; most prescriptions for buprenorphine without naloxone; any controlled substance paid for with cash even though the patient has insurance available to pay for the patient’s prescriptions; and any prescription for a controlled substance if the patient is an employee of Beckman’s Pharmacy.

Under the consent decree, if the DEA determines that Beckman or Beckman’s Pharmacy have violated any provision of the consent decree or if Beckman or Beckman’s Pharmacy do not implement the corrective action the DEA orders, the DEA can order Beckman and Beckman’s Pharmacy to cease ordering or dispensing controlled substances immediately. 

The consent decree is not an admission of liability by Beckman or Beckman’s Pharmacy, nor a concession by the United States that its claims are not well founded.   

The Court’s approval of this consent decree—the fourth such consent decree in the District of Maryland in the past two years—should again remind pharmacists and pharmacies of their corresponding responsibility to confirm the legitimacy of the prescriptions that they fill and that the Department of Justice intends to use all tools at its disposal—both criminal and civil—to combat the controlled substances epidemic which continues to plague our country, including here in Maryland. 

U.S. Attorney Erek L. Barron and Principal Deputy Assistant Attorney General Brian M. Boynton commended the DEA Baltimore Division’s Office of Diversion Control and Tactical Diversion Squad for its work in the investigation.  Mr. Barron and Mr. Boynton thanked Assistant United States Attorney Alan C. Lazerow and Donald R. Lorenzen, Senior Litigation Counsel with the Department of Justice’s Consumer Protection Branch, who handled the case.

            For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.

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Baltimore, Maryland – Erek L. Barron, United States Attorney for the District of Maryland, announced today that, because of the crime reduction efforts led by his office, homicides and non-fatal shootings in Baltimore are continuing to trend down significantly.  As of the half year mark in 2023, homicides are down 22.2% and non-fatal shootings are down 12.6%.

At a press conference on August 24, 2022, U.S. Attorney Barron announced the establishment of a new Violent and Organized Crime Section along with expanded collaboration between federal, state, and local law enforcement.  State funds supported the hiring of additional Special Assistant U.S. Attorneys, whose sole focus has been on violent crime, along with investigators, and other legal support personnel.  Additionally, U.S. Attorney Barron has encouraged prosecutors to use all available resources and any legal means necessary to investigate and prosecute repeat violent offenders—specifically for any wrongdoing that meets office priorities, especially pandemic-related fraud, and utilizing a federal school zone statute that makes it a crime to possess a gun within 1000 feet of a school.

In August 2022, immediately before implementation of the U.S. Attorney’s Office’s collaborative violent crime strategy, homicides were up approximately 7% and nonfatal shootings were up more than 12%; the next month (September 2022), however, saw a record-low since 2015 in violence and, since implementation of the office’s strategy, homicides are down approximately 20% and nonfatal shootings are down approximately 10%. 

“We have much more work to do, but law enforcement and community collaboration, innovation, and evidence-based initiatives are making neighborhoods safer,” said U.S. Attorney Barron.  “We will continue to lead a coalition of law enforcement, community and public service partners, as our model of working together at the local, state and federal levels is making a difference in the fight against violent crime.” 

Since September 2022, State-funded Special Assistant United States Attorneys have indicted 30 defendants for federal gun crimes, including charging 10 defendants for illegal possession of a firearm within 1,000 feet of Baltimore schools, including Sandtown-Winchester Achievement Academy, Calverton Elementary and Middle School, Green Street Academy, Frederick Elementary School, Cherry Hill Elementary School, Maree G. Faring Elementary School, Curtis Bay Elementary and Middle School and Belaire-Edison Elementary School.  Of those school zone defendants nine have pleaded guilty and seven have been sentenced to between six months and 12 years in federal prison.  Additionally, every Criminal Division prosecutor in the U.S. Attorney’s Office has been assigned a gun case, marking the most significant officewide investment in combating violent crime in the office’s history. 

The office’s “Al Capone” prosecution model for repeat offenders has also been successful in the violent crime strategy.  For example, defendants have been charged with CARES Act fraud and gun crimes, including the illegal possession of privately manufactured firearms, often referred to as “ghost guns.”  The U.S. Attorney’s Office created a CARES Act Strike Force and, as part of that effort, U.S. Department of Labor - Office of Inspector General Special Agents are now co-located in the office to coordinate and screen all new violent crime and illegal firearms defendants for potential pandemic fraud.  The success of this Strike Force’s effort has led U.S. Attorney Barron to also establish the Maryland Financial Intelligence Task Force (“MD FIT”), a coalition of federal, state, and local law enforcement and financial institutions, working collaboratively to uncover financial crimes, including crimes committed by violent repeat offenders.

U.S. Attorney Barron stated, “MD FIT is another tool to add to our arsenal of proactive and innovative measures to combat violent crime.  We will do everything we can to remove the violent criminals who wreak havoc in our neighborhoods.  I am grateful that our law enforcement partners joined our office’s strategy to try new and innovative ways to reduce violent crime.”

While strategic enforcement is key to U.S. Attorney’s Office’s violent crime efforts, community-based prevention and intervention is a core principle—embraced more than ever—by the office.  The U.S. Department of Justice and the U.S. Attorney’s Office are especially supporting and teaming up with nonprofits focused on reaching at-risk youth and young adults. 

In September 2022, three Baltimore community-based organizations, ROCA Inc., the Living Classrooms Foundation, and the Black Mental Health Alliance, were awarded U.S. Department of Justice grants totaling more than $5 million to help reduce gun crime and other violence.  ROCA Baltimore received $1,998,807 to expand its violence intervention programming and the U.S. Attorney’s Office has instituted monthly community walks with ROCA to reach out to youth and young adults to provide resources and needed services.  Since November 2022, this collaboration has directly serviced over 130 individuals and approximately 20 young people have been referred for services, including the job training and education services provided by ROCA.  

Since September, the office has also sponsored or cosponsored a variety of other community-based violence intervention and prevention initiatives as part of a comprehensive strategy.  Six reentry resource fairs, focused on federal returning citizens and those soon to return, have provided healthcare assistance, employment opportunities, financial literacy services, and more.  The office has also participated in multiple meetings with community leaders and serious at-risk individuals, to encourage potential reoffenders to take a better path to success.  Additionally, since last November, U.S. Attorney Barron, along with leadership from the Maryland Department of Public Safety and Correctional Services, have participated in “knock and talk” home visits of parolees with teams of probation officers and social workers, to provide resources and services to parolees and their families. 

These efforts are part of Project Safe Neighborhood Program (“PSN”), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN combines federal, state, and local law enforcement partners, and community service providers to reduce violent crime and make our neighborhoods safer for everyone.  The office is working comprehensively to build trust and collaboration between law enforcement and the community, to support community-based intervention and prevention, and to strategically enforce the law against those most responsible for the violence in our communities. 

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – Jawaun Harris, age 24, of Baltimore, Maryland, pleaded guilty yesterday to a federal charge of conspiracy to participate in the affairs of a racketeering enterprise, in connection with his membership in the Triple C gang, including a carjacking, two attempted murders and a drug distribution conspiracy.  

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Chief Robert McCullough of the Baltimore County Police Department; and Acting Commissioner Richard Worley of the Baltimore Police Department.

According to court documents, Harris was a member of the Cruddy Conniving Crutball gang, or Triple C, an enterprise operating primarily in east Baltimore.  The gang’s main purpose was to commit violent acts to promote the reputation of the gang and to command respect from the neighborhood.  The enterprise benefitted financially from selling narcotics, murdering drug dealers, taking contract killings, engaging in street robberies, robbing dice games, and occasionally carjacking vehicles.  The members of the gang divided the proceeds of the robberies.  Harris admitted that between 2015 and 2020, he and other Triple C members engaged in more than a dozen murders and numerous non-fatal shootings, robberies, and carjackings. 

Also, Triple C members routinely used social media to identify and locate victims and to share information concerning possible retaliation for violent crimes committed by gang members.  Triple C members and associates used at least 14 firearms to commit crimes, often trading with each other or other groups to avoid detection through ballistic evidence.  They limited conversations about criminal plans to members of Triple C and critiqued each other after committing crimes regarding ways to improve their actions.

Harris admitted that he participated in two attempted murders on October 10 and 11, 2018, and a carjacking on October 10, 2018, during which at least one member of the conspiracy possessed a firearm.  Harris also admitted that it was foreseeable to him, that his co-conspirators would commit other acts that he did not participate in, including at least 16 murders, 28 attempted murders, at least 22 robberies and attempted robberies, and three carjackings.

Co-defendants Rashaud Nesmith, a/k/a Shaud, age 21, and Michael Chester, a/k/a Mikkie, age 24, both of Baltimore, pled guilty to their participation in a racketeering conspiracy in June 2022 and were sentenced to 40 years and 20 years in federal prison, respectively. 

Harris and the government have agreed that, if the Court accepts the plea agreement, Harris will be sentenced to 10 years in federal prison.  Chief U.S. District Judge James K. Bredar has scheduled sentencing for October 5, 2023 at 10:00 a.m. 

This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) National Integrated Ballistic Information Network (“NIBIN”).  NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms.  NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.  For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the ATF, the Baltimore County Police Department, the Baltimore Police Department for their work in the investigation and thanked the FBI and the Office of the Baltimore City State’s Attorney for their assistance in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorney Patricia C. McLane and Michael C. Hanlon, who are prosecuting the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced Jerry Phillips, a/k/a “Tian Juzo,” age 25, of Capitol Heights, Maryland, to seven years in federal prison, followed by three years of supervised release, for a wire fraud conspiracy, aggravated identity theft, and illegal possession of a machine gun, related to a scheme to fraudulently obtain more than $1 million in COVID-19 CARES Act Paycheck Protection Program loan applications (“PPP”), Economic Injury Disaster loan applications (“EIDL”), and unemployment insurance claims.  Judge Chuang also ordered Phillips to pay restitution of $1,235,213.

The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Acting Special Agent in Charge Troy W. Springer, of the National Capital Region, U.S. Department of Labor - Office of Inspector General (“DOL-OIG”); Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation (“IRS-CI”), Washington, D.C. Field Office; Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration - Office of Inspector General (“SBA-OIG”), Eastern Region, and Special Agent in Charge Jeffrey D. Pittano, of the Mid-Atlantic Region, Federal Deposit Insurance Corporation Office of Inspector General (“FDIC-OIG”).

“Once again, the Maryland U.S. Attorney’s Office’s COVID fraud enforcement strategy is taking illegal guns out of the hands of criminals,” said United States Attorney Erek L. Barron.  “This case highlights two of our office priorities—taking illegal guns off the streets and holding accountable those who fraudulently took advantage of the COVID-19 pandemic to line their pockets.”

According to his plea agreement, from March 2020 to February 2022, Phillips worked with his brother and co-defendant, Jaleel Phillips, and at least one other person. to fraudulently obtain COVID-19 related benefits, including filing fraudulent PPP loan applications, EIDL loan applications, and unemployment insurance claims.  As detailed in the statement of facts, Phillips and his co-conspirators created fictitious aliases, used the personal identifying information of real people, and used defunct corporate entities or new business entities with no actual business operations to apply for PPP and EIDL loans, and unemployment benefits.

As part of the scheme, Phillips admitted that he created and used multiple fake identities to submit fraudulent PPP and EIDL loan applications and used the personal identifying information of more than 20 real people in furtherance of fraudulent unemployment claims.  The fraudulently obtained PPP and EIDL loans and unemployment insurance claims were deposited into the bank accounts opened in the names of the aliases.  The money was then withdrawn by Phillips and his co-conspirators through ATM withdrawals and purchases made on the associated debit and credit cards or transferred between the various financial accounts established in the aliases’ names.  Phillips used $65,538.95 of the fraudulently obtained funds to purchase a 2020 Chevrolet Camaro, which he registered in his name at the Maryland Motor Vehicle Administration.  Jerry Phillips also admitted that he personally obtained and controlled more than $1 million in fraud proceeds from the fraudulent PPPs and EIDLs.

A search of the defendant’s residence recovered more than 25 fake driver’s licenses from multiple states and multiple identification documents from different jurisdictions with Jerry Phillips’ photograph and the same alias.  Law enforcement also recovered four “ghost guns” which Jerry Phillips purchased online, using an alias.  Phillips admitted that he illegally modified one of the ghost guns into a machine gun capable of firing multiple rounds with one pull of the trigger.

Jaleel Phillips, age 25, of Capitol Heights, Maryland, previously pleaded guilty to his role in the wire fraud conspiracy and was sentenced on June 22, 2023, to 30 months in federal prison and was ordered to pay restitution in the amount of $1,142,769.

The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the CARES Act.  The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.  The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds. 

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

United States Attorney Erek L. Barron commended the DOL-OIG, IRS-CI, SBA-OIG, FDIC-OIG, and the Mississippi Attorney General’s Office for their work in the investigation and thanked the Office of Mississippi Attorney General Lynn Fitch-Public Integrity Division, for its assistance.  Mr. Barron also thanked Assistant U.S. Attorney Harry M. Gruber, who is prosecuting the case and recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.

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Baltimore, Maryland – U.S. District Judge Deborah L. Boardman today sentenced Davon Hemphill, age 40, of Baltimore, Maryland, to 54 months in federal prison, followed by three years of supervised release, for possession of a stolen firearm and for possession with intent to distribute controlled substances.  

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Acting Commissioner Richard Worley of the Baltimore Police Department.

According to his guilty plea, on January 1, 2022, Baltimore Police Department officers were monitoring a closed-circuit television (“CCTV”) camera that captured the area between the intersections of Carey and Baltimore Street and Carey and Hollins Street, an area known for its high level of drug activity and violence.  Officers saw Hemphill make two hand-to hand exchanges, which officers believed were drug transactions.  Officers also noted that Hemphill was wearing clothing identical to clothing worn by a person of interest in a homicide that had occurred in the same area the prior week.

As detailed in the plea agreement, the officers relayed their observations to other officers in the area so they could initiate a stop.  The responding officers walked north on Carey Street and saw Hemphill walking toward them.  As the officers walked toward him, Hemphill fled, holding his front waistband area as if he were supporting the weight of an object, which the officers suspected was a firearm.  After a short foot-chase, Hemphill was arrested.  A subsequent search of his person recovered a stolen 9mm handgun loaded with seven rounds of ammunition, approximately 65 pills of methamphetamine, one small vial containing a white rock substance, later determined to be cocaine, approximately $2,843 in cash, one clear plastic bag and one clear green flip-top container containing suspected marijuana, and a cell phone.

Hemphill admitted that he possessed the methamphetamine and cocaine with the intent to distribute them and that he knew or had reasonable cause to believe that the firearm was stolen at the time that he possessed it.

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

United States Attorney Erek L. Barron commended the ATF and the Baltimore Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Jonathan S. Tsuei and Patricia C. McLane, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.

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Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Alexander Barabash, age 52, of Baltimore, Maryland, today to 14 months in federal prison, followed by six months of home detention as part of three years of supervised release, for wire fraud relating to the submission of fraudulent Coronavirus Aid, Relief, and Economic Security (“CARES”) Act loan applications.  The CARES Act was enacted in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic.   

Chief Judge Bredar ordered that Barabash pay a fine of $400,000, a money judgment in the amount of $1,295,000 and pay restitution of $1,317,352.05.  Barabash must forfeit $504,869.54 in funds seized from the iDesignBuild business bank account and his interest in a property in Sparks Glencoe, Maryland, both of which will be applied to the money judgment. 

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Special Agent in Charge Ross Luciano of the United States Secret Service - Baltimore Field Office.

Financial assistance offered through the CARES Act included forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program (“PPP”), administered through the Small Business Administration (“SBA”) and participating lenders. 

According to his plea agreement, between April 2020 and January 2021, Barabash submitted three fraudulent PPP loan applications on behalf of his construction company iDesignbuild LLC (“iDesignBuild”). 

As detailed in the plea agreement, on April 9, 2020, Barabash, the CEO of iDesignBuild, submitted a PPP loan application falsely stating that the company had four employees and an average monthly payroll of $18,750.  In fact, the company did not have any employees, but engaged independent contractors for work-related matters.  Based on the representations made in the fraudulent application, on April 23, 2020, Barabash received $46,800 in PPP loan proceeds in the iDesignBuild bank account.  On April 25, 2020, Barabash submitted a second fraudulent PPP loan application on behalf of iDesignBuild, stating that the company had seven employees and an average monthly payroll of $38,777.60.  In support of the application, Barabash submitted IRS Forms 941 for each quarter of 2019 and a 2019 IRS Form 940 for iDesignBuild, signed by Barabash and his tax preparer, knowing that they had never been filed with IRS.

Barabash admitted that on January 20, 2021, he submitted a third fraudulent loan application on behalf of iDesignBuild, representing that the company had 37 employees and an average monthly payroll of $525,227.  In support of the application, Barabash again submitted fraudulent IRS Forms 941 for each quarter of 2019 and a fraudulent 2019 IRS Form 940.  Compared to the fraudulent forms submitted with the unsuccessful April 25, 2020 PPP loan application, the forms submitted in January 2021 reported more than six times the number of employees and nearly $1.5 million more in wages in each quarter.  The forms were again signed by Barabash and his tax preparer.  Barabash knew that the forms did not accurately reflect iDesignBuild’s wages or revenues, nor had they been filed with the IRS.  Based on Barabash’s false representations, the bank funded a PPP loan of $1,295,000, which was credited to iDesignBuild’s bank account on February 26, 2021.

Barabash used the fraudulently obtained loans to facilitate the purchase of two properties in Sparks Glencoe, Maryland, and to purchase a 2016 Chevrolet Corvette.  Barabash admitted that he knew those were not permissible uses of PPP funds and the transactions would not have been made without the receipt of the PPP funds.

The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the CARES Act.  The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.  The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.  

For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.  Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

United States Attorney Erek L. Barron commended the IRS-CI and U.S. Secret Service for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Darryl L. Tarver, who is prosecuting the case.  He also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber and Paralegal Specialist Juliette Frase. 

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.

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