District of Maryland

A federal grand jury returned a superseding indictment charging Stephen Orback, 65, for threatening on multiple occasions to attack a Baltimore-area synagogue. Count One charges Orback with intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs through the threatened use of force, in violation of Title 18, United States Code, Section 247. Count Two charges Orback with making threatening interstate communications, in violation of Title 18, United States Code, Section 875.

According to the superseding indictment, between May 12 and July 21, 2019, Orback made numerous telephone calls to an employee of a synagogue in Owings Mills, Maryland, threatening to kill members of the synagogue’s congregation with firearms, by using explosives, and by burning the synagogue down. The superseding indictment replaces a previous indictment, handed down by the grand jury on Aug. 15, 2019, which charged the defendant only with the interstate-threats count. 

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty. If convicted, Orback faces a maximum sentence of 20 years in prison, three years of supervised release, and a fine of up to $250,000. 

The case is being investigated by the FBI's Baltimore Field Office and is being prosecuted by Assistant U.S. Attorney P. Michael Cunningham of the District of Maryland and Civil Rights Division Trial Attorney Zachary Dembo.

For more information about the Department of Justice’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop portal with links to Department of Justice hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.

Baltimore, Maryland – U.S. District Judge Richard D. Bennett today sentenced Paul Alexander, a/k/a David Paul Hayes and Shorty, age 47, of Hanover, Maryland, to 35 year in federal prison, followed by five years of supervised release, on five federal charges including conspiracy to distribute fentanyl, two counts of possession with intent to distribute a controlled substances—specifically fentanyl, possession of a firearm in relation to a drug trafficking crime, and possession of a firearm by a prohibited person. Judge Bennett also ordered that Alexander forfeit more than $4 million in cash seized during the investigation, three luxury vehicles, seven Rolex watches, two Cartier bracelets with diamonds, a diamond tennis bracelet, and two designer bags.  The jury returned its verdict in the evening on Monday, October 1, 2019.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; and Commissioner Michael Harrison of the Baltimore Police Department.

“More people die of opioid overdoses than murder in Maryland, while drug dealers spend their profits on luxury cars and jewelry,” said U.S. Attorney Robert K. Hur.  “Fentanyl dealers, like Paul Alexander, sell death and despair, and dealing in fentanyl and using a gun increases their odds of federal prosecution.  As a result of his conviction, Paul Alexander will now spend 35 years in federal prison, where there is no parole—ever.  He will also forfeit to the government all of the proceeds from his drug business, including the cash, cars, jewelry, and other items he bought with drug money.”

According to the evidence presented at his five-day trial, from April 2018 through January 2019, Paul Alexander distributed large amounts of fentanyl in and around the Baltimore area.  An 11-month investigation by DEA into Alexander’s drug trafficking activities resulted in the seizure of more than 10 kilograms of fentanyl—enough fentanyl to kill 5 million people—and over $4 million in cash from Alexander’s car and apartments on January 2, 2019.

The evidence showed that Alexander distributed fentanyl on several occasions to a Baltimore County drug trafficker in 2018.  In addition, he was observed conducting narcotics-related transactions with another drug dealer, and surveillance video at his apartment complex revealed that Alexander used several vehicles to store and deliver drugs.  The evidence proved that Alexander utilized vehicles and residences in the names of relatives and associates in furtherance of his drug trafficking operation.

Witnesses testified that the DEA and Anne Arundel County police executed search warrants on January 2, 2019, at two apartments associated with Alexander.  Law enforcement testified that they recovered a loaded pistol with an extended magazine that contained 24 rounds of ammunition, multiple bags filled with over $4 million in cash, jewelry, and narcotics distribution paraphernalia. 

United States Attorney Robert K. Hur commended the DEA and Baltimore Police Department for their work in the investigation and thanked the Anne Arundel County Police Department, the Federal Bureau of Investigation, and Homeland Security Investigations for their assistance.  Mr. Hur thanked Assistant U.S. Attorney Matthew DellaBetta and First Assistant U.S. Attorney Jonathan F. Lenzner, who tried the case, and Assistant U.S. Attorney Anatoly Smolkin, who handled pre-trial litigation.

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Baltimore, Maryland – Ahmad Kazzelbach, age 26, of Pasadena, Maryland, pleaded guilty today to federal charges of cyberstalking and intentional damage to a protected computer. 

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Chief Melissa R. Hyatt of the Baltimore County Police Department, and Anne Arundel County State’s Attorney Anne Colt Leitess.

According to Kazzelbach’s plea agreement, beginning in June 2015, Kazzelbach and the victim both worked at Company A, an insurance broker located in Glen Burnie, Maryland, and in December 2015 began a romantic relationship, moving into a shared apartment.  In late May 2016, the victim ended her relationship with Kazzelbach.  Although Kazzelbach moved out of their shared apartment, he subsequently began a year-long scheme to harass the victim by compromising her personal online accounts, forging policy cancellation letters on behalf of her clients, and filing false reports with law enforcement that ultimately resulted in the victim being wrongfully arrested and incarcerated on multiple occasions.

Specifically, on July 25, 2016, Kazzelbach created an e-mail account that mimicked the victim’s real e-mail address and within 10 minutes, changed the name on the victim’s Apple account to the fake e-mail address he had created.  Two days later, Kazzelbach initiated a password reset, locking the victim out of the account which controlled certain settings on her iPhone, as well as access to the photos, music, and videos associated with her account.  Kazzelbach also accessed the victim’s Instagram account and changed a portion of her user name to “whore,” and accessed the victim’s online student loan account and changed the account e-mail address to the fake address he had created.

Kazzelbach also admitted that in late August 2016, he used a fax machine at Company A to send two letters purporting to cancel supplemental health insurance policies belonging to two of the victim’s clients, whose information Kazzelbach had accessed through his position at Company A.  On August 28, 2016, Kazzelbach accessed the victim’s own online health insurance account, to which she had previously given Kazzelbach limited access for initiation purposes, and made unauthorized changes to the victim’s race, pregnancy status, and income.  The change in income resulted in the victim being disqualified from the plan in which she had enrolled, potentially modifying or impairing her medical care.

On September 1 and October 1, 2016, Kazzelbach attempted to access the victim’s bank account and tax-filing account, respectively, using a proxy server, which can be used to hide an electronic device’s true location or identity.  However, investigators were able to identify the true Internet Protocol (IP) address from which the attempts were made and determine that the account was subscribed to by Kazzelbach’s father at a residence where Kazzelbach was then residing.

On September 30, 2016, Kazzelbach sent a text message to the victim in which he disguised his real identity by using a “spoofing” program, which used computer software to make it appear as though the message originated from a Florida-based cell phone number that did not belong to Kazzelbach.  In the message, Kazzelbach wrote, “Prepare yourself for what’s coming…the last 3 months were just the beginning.  I have bigger plans for you…I love how easily manipulated you can be.”

As detailed in his plea agreement, Kazzelbach filed a petition for a protective order against the victim on December 10, 2016, in the District Court of Maryland for Anne Arundel County, falsely alleging that the victim had physically abused him and made violent threats in text messages and on social media.  A temporary protective order was granted on December 13 and a hearing on a final protective order was scheduled for December 29, 2016.  Between December 13 and December 29, Kazzelbach contacted Anne Arundel County on four occasions to falsely report that the victim was continuing to harass and threaten him in violation of the temporary protective order.  Based on Kazzelbach’s sworn statement, and text messages and phone calls on Kazzelbach’s phone that he had spoofed to make it appear that the victim had contacted him, when in fact, she had not, the court issued four arrest warrants for the victim.  On December 29, 2016, the final protective order against the victim was granted, effective for a period of one year.  Then, between December 29, 2016 and June 2017, Kazzelbach made 14 additional false reports to law enforcement, causing 7 more criminal actions to be filed against the victim in Anne Arundel and Baltimore Counties, and resulting in her false imprisonment for four nights.

In March 2017, the Anne Arundel County prosecutor handling Kazzelbach’s case asked for Kazzelbach’s consent to download the contents of his iPhone, but Kazzelbach refused.  The prosecutor told Kazzelbach that if he did not permit a full search of his phone, the Anne Arundel charges against the victim would be dismissed.  In response, Kazzelbach began making false reports to Baltimore County instead.  In May 2017, the Anne Arundel charges against the victim were dismissed.  Baltimore County Police officers subsequently began their own investigation and determined that no attempted or completed text messages were sent from any of the victim’s accounts on the dates and times alleged by Kazzelbach.

Kazzelbach faces a maximum sentence of five years in federal prison for cyberstalking and a maximum of 10 years in federal prison for intentional damage to a protected computer.   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.  Chief U.S. District Judge James K. Bredar has scheduled sentencing for May 1, 2020 at 10:00 a.m.

United States Attorney Robert K. Hur commended the FBI Baltimore Joint Terrorism Task Force (JTTF), the Baltimore County Police Department, and the Anne Arundel County State’s Attorney’s Office for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Jeffrey J. Izant and P. Michael Cunningham, who are prosecuting the case.

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Baltimore, Maryland – Richard Adams age 59, of Baltimore, Maryland, pleaded guilty today to aiding and abetting armed bank robbery and aiding and abetting the brandishing of a firearm during a crime of violence, in connection with armed bank robberies committed in Baltimore on January 23 and February 1, 2019.  

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.

According to Adams’ guilty plea, he served as the getaway driver in connection with two armed bank robberies committed by his two co-defendants.  On January 23, 2019, Adams drove his co-defendants to a bank in the 3600 block of Boston Street in Baltimore, in a car he had rented two weeks earlier.  Adams’ co-defendants were each armed and wore masks and gloves when they entered the bank.  The robbers told everyone to put their hands up and one of the robbers approached the victim teller, pointed his firearm at her, and demanded $100 dollar bills and “loose bills” from the bottom drawer of the till.  Meanwhile, the other robber held the customers and other bank employees at gunpoint in the lobby area of the bank.  The victim teller handed over the cash and the robbers ran away.  As they ran through a parking lot adjacent to the bank, they accidentally dropped more than $5,000 in cash.  They then got into the gray car driven by Adams, who had been waiting for them, and Adams drove them away from the area. 

On February 1, 2019, Adams drove his co-defendants to a bank located in the 2900 block of O’Donnell Street in Baltimore, in a 2006 Chevy Monte Carlo that was registered to Adams.  Adams’ co-defendants entered the bank armed with the same firearms they had used in the previous robbery and again wore masks and gloves to conceal their identities.  The robbers pointed their firearms at the tellers and demanded money.  After the tellers handed over cash from the till, the robbers demanded more cash.  The tellers provided the robbers with cash from the bank’s vault and included a GPS tracker, which was activated.  The robbers fled the bank and got into Adams’ car and Adams drove them away from the bank. 

Baltimore Police Department (BPD) units responding to the robbery were provided with the GPS tracking information and located the vehicle with Adams and his co-defendants inside.  All three were arrested.  At the time of their arrests, one of the robbers had the gun used in the robbery on his person.  A subsequent search of the vehicle recovered the second firearm and a blue backpack containing the cash stolen during the robbery and the GPS tracking device.  Later that day, a search was executed at Adams’ residence which recovered clothing and a leather duffel bag used during the first robbery.

Adams faces a maximum sentence of 25 years in federal prison for aiding and abetting armed bank robbery, and faces a minimum mandatory sentence of seven years in prison and a maximum of life in federal prison for aiding and abetting the brandishing of a firearm during a crime of violence.  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.  U.S. District Judge Deborah K. Chasanow has scheduled sentencing for April 27, 2020 at 3:00 p.m.

Adams’ co-defendants are scheduled to go to trial on June 1, 2020.  All three defendants remain detained.

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 Robert K. Hur commended the FBI and the Baltimore Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Paul A. Riley and Daniel A. Loveland, Jr., who are prosecuting the case.

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Baltimore, Maryland – A federal grand jury today returned a superseding indictment charging Stephen Lyle Orback, age 65, on the federal charges of intentionally attempting to obstruct persons in the free exercise of their religious beliefs through the threatened use of force, and making threatening communications, specifically multiple telephone calls threatening a synagogue.  

The superseding indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Eric Dreiband for the Civil Rights Division; and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

According to the indictment, between May 12 and July 21, 2019, Orback made multiple telephone calls to an employee of a synagogue in Owings Mills, Maryland, threatening to kill many members of synagogue’s congregation with firearms, by using explosives, and by burning the synagogue down. The superseding indictment replaces a previous indictment, handed down by the grand jury on Aug. 15, 2019, which charged the defendant only with the interstate-threats count. 

If convicted, Orback faces a maximum sentence of 20 years in federal prison for intentionally attempting to obstruct persons in the free exercise of their religious beliefs through the threatened us of force; and a maximum of five years in prison for making threatening communications.  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.  Orback remains detained on unrelated state charges in Colorado.

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.  . 

United States Attorney Hur and Assistant Attorney General Dreiband commended the FBI for its work in the investigation.  Mr. Hur and Mr. Dreiband thanked Assistant U.S. Attorney P. Michael Cunningham and Civil Rights Division Trial Attorney Zachary Dembo, who are prosecuting the case.

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Un gran Jurado federal emitió una acusación formal sustitutiva que acusa a Stephen Orback, de 65 años, de amenazar, en múltiples ocasiones, con atacar una sinagoga cerca de Baltimore. El primero cargo le acusa a Orback de intentar intencionalmente a impedir en el disfrute del libre ejercicio del culto amenazando con el uso de fuerza, en contra de la Sección 247 del Título 18 del Código de los EE. UU. El segundo cargo le acusa a Orback de hacer amenazas a través de comunicaciones interestatales, en contra de la Sección 875 del Título 18 del Código de los EE. UU.

Según la acusación formal sustitutiva, entre el 12 de mayo y el 21 de julio del 2019, Orback realizó diversas llamadas telefónicas a un empleado de una sinagoga en Owings Mills, Maryland, y amenazó que mataría a miembros de la congregación con armas de fuego y explosivos y que quemaría la sinagoga. La acusación formal sustitutiva reemplaza una acusación formal previa que fue emitida por el gran jurado el 15 de agosto del 2019, la cual únicamente había acusado al acusado del cargo de amenazas interestatales.

Una acusación formal es una acusación de conducta delictiva y no se considera como prueba de culpabilidad. Al acusado se le considera inocente mientras no se pruebe su culpabilidad. De ser condenado, Orback se enfrenta a una pena máxima de 20 años de cárcel, tres años de libertad supervisada y una sanción de hasta $250.000.

El caso está siendo investigado por la Oficina Local del Buró Federal de Investigaciones (FBI, por sus siglas en inglés) en Baltimore y enjuiciado por el Fiscal Federal Auxiliar para el Distrito de Maryland, P. Michael Cunningham, y el Abogado de Litigios para la División de Derechos Civiles, Zachary Dembo.

Para más información sobre el trabajo del Departamento de Justicia para combatir y prevenir los delitos de odio, vaya a www.justice.gov/hatecrimes: es un portal único con enlaces a recursos del Departamento de Justicia relacionados con delitos de odio para la policía, los medios de comunicación, investigadores, víctimas, grupos de apoyo, y otras organizaciones y personas.

Baltimore, Maryland – Yesterday, Takii Nikeya Smith, age 44, of Cambridge, Maryland, pleaded guilty to the federal charges of conspiracy to distribute five kilograms or more of cocaine, possession with intent to distribute cocaine, and to being a felon in possession of a firearm.  

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and the members of the Dorchester and Wicomico County Narcotics Task Forces, including: Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Dorchester County Sheriff James W. Phillips, Jr.; Chief Mark Lewis of the Cambridge Police Department; Chief Bruce Jones of the Hurlock Police Department; Wicomico County Sheriff Mike Lewis; Chief Barbara Duncan of the Salisbury Police Department; Chief Brian Swafford of Fruitland Police Department; Dorchester County State’s Attorney William Jones; and Wicomico County State’s Attorney Jamie Dykes.

According to Smith’s guilty plea, in early 2018, an investigation was conducted into the distribution of large quantities of cocaine on the Eastern Shore of Maryland, involving hundreds of hours of physical and electronic surveillance, and numerous controlled purchases of narcotics. 

Information gathered through surveillance and the execution of search warrants—one of which turned up more than a kilogram of cocaine packaged for distribution—suggested that Smith was a large-scale cocaine supplier in the area.  After several weeks of surveillance, Smith was stopped by the Maryland State Police and members of the Wicomico County Narcotics Task Force as he returned to Maryland from Delaware.  Smith fled the traffic stop after being advised that a police K-9 would be conducting an open-air scan of his vehicle, which led to a vehicle pursuit.  Smith was ultimately apprehended when his vehicle got stuck in mud while driving over farm land.  Later, after receiving citizen complaints about packages found along roadways traversed during the pursuit, law enforcement recovered two kilogram packages of cocaine.  According to the guilty plea, Smith admitted that the drugs belonged to him and that he had discarded them during his flight from law enforcement.     

Search warrants were subsequently executed at one of Smith’s properties in Mardela Springs, Maryland and at a trailer that Smith had stored at an auto body shop.  Law enforcement recovered more than 600 grams of cocaine, a digital scale, cutting agents, and other drug distribution paraphernalia, as well as several rounds of .40-caliber ammunition from in and near the house.  From the trailer, law enforcement recovered three firearms—a 9mm pistol, a .40-caliber pistol, and an AR-15 rifle—as well as $347,000 in cash in a vacuum-sealed bag.  Smith knew that he was prohibited from possessing a firearm or ammunition as the result of a previous felony conviction.

Smith and the government have agreed that, if the Court accepts the plea agreement, Smith will be sentenced to 13 years in federal prison.  U.S. District Judge George L. Russell, III has scheduled sentencing for March 12, 2020. 

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 Robert K. Hur commended HSI, and participating agencies in the Dorchester and Wicomico County Narcotics Task Forces, who are both part of the High Intensity Drug Trafficking Area (HIDTA) Initiative, for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Christopher M. Rigali and Christopher J. Romano who are prosecuting this Organized Crime Drug Enforcement Task Force case.

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Baltimore, Maryland – A federal grand jury has indicted Robert Hankard, age 43, of Baltimore, Maryland, on federal charges related to allegations that he provided a BB gun that he knew would be planted on a suspect, that he falsified an application for a search warrant and an arrest report in a second incident where drugs were planted on a suspect, and that he falsely testified to a federal grand jury in a federal investigation.  The indictment was returned on January 14, 2020, and was unsealed at his initial appearance today.

The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

According to the five-count indictment, Hankard has been a member of the Baltimore Police Department (BPD) since 2007 and was promoted to detective on March 20, 2014.  In 2014 and 2015, Hankard served on a Special Enforcement Section (SES) unit assigned to the BPD’s Western District.  On the evening of March 26, 2014, Hankard, who was not on duty that day, received a call from his partner, who advised him that Sergeant W.J. had been “hemmed up” in something and asked Hankard if he had any “toys” or “replicas.”  Hankard understood that his partner was asking for a BB gun or air soft gun so that it could be planted on a suspect.  Hankard advised that he did have a BB gun.  Hankard’s partner came to Hankard’s house and Hankard provided him with the BB gun, which was subsequently planted at the scene of the arrest of D.S., whom Sergeant W.J. had run over after chasing D.S.  No guns or drugs were recovered from D.S. at the time of his arrest, but drugs were recovered from D.S. at the hospital, where he had been taken in the custody of the Baltimore Police officers.  D.S. was charged with possession, use, and discharge of a gas or pellet gun, for the BB gun that was planted at the scene of D.S.’s arrest, and a number of drug offenses.  D.S. was detained on those charges until at least April 2, 2014, and the charges were dismissed on January 16, 2015.

As detailed in the indictment, on September 24, 2015, Hankard arrested D.B., a target in a drug investigation, as he sat in his pick-up truck in a motel parking lot.  The indictment alleges that after removing D.B. from the vehicle, Hankard and his partner searched the vehicle, but no drugs were found.  Other officers on the scene allegedly went into the room where D.B. had been staying and found a woman, B.J., a large quantity of heroin that had not yet been packaged for distribution, and a small quantity of cocaine that had already been packaged for distribution.  The officers had not obtained a search warrant before entering the room.  After learning that no drugs had been found in the truck, the indictment alleges that another officer, with Hankard’s permission, planted some of the cocaine found in the motel room in D.B.’s truck, in order to justify the arrest of D.B. and B.J. and the entry into the motel room.

According to the indictment, Hankard subsequently wrote a search warrant for the motel room, which contained several false statements, including that his partner had “observed in plain view, a clear tied bag, that contained small zip lock bags (with red dice logo) of suspected cocaine (after opening the clear bag, it revealed 10 ziplock bags total)” in D.B.’s truck; that D.B. was seen throwing the package of suspected cocaine to the floor of the vehicle; that after making sure the motel room card key worked, detectives had secured the room pending a search warrant; and that Hankard “believes there is addition suspected controlled dangerous substances (CDS)” in the motel room.

The indictment alleges that after the search warrant was obtained and executed at the motel room, Hankard prepared a false incident report, which was approved by his partner as the “officer-in-charge” at the time of the arrests, even though the SES unit’s Sergeant was on the scene at the time.

Further, the indictment alleges that on February 13, 2019, Hankard falsely testified before a federal grand jury by stating that he had not provided the BB gun to his partner on March 26, 2014.

If convicted, Hankard faces a maximum sentence of five years in federal prison for conspiracy to commit offenses against the United States; a maximum of 10 years in federal prison for conspiracy to deprive civil rights; a maximum of 20 year in federal prison for each of two counts of falsification of records in a federal investigation; and a maximum of five years in federal prison for false declarations before a grand jury.  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.  At today’s initial appearance in U.S. District Court in Baltimore, U.S. Magistrate Judge J. Mark Coulson ordered that Hankard be released pending trial under the supervision of U.S. Pretrial Services.

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. 

United States Attorney Robert K. Hur commended the FBI for their work in the investigation and thanked the Baltimore Police Department for its assistance.  Mr. Hur thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who are prosecuting the case.

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Greenbelt, Maryland – U.S. District Judge Paul W. Grimm today sentenced Rakesh Kaushal, age 66, of Rockville, Maryland, to three years in federal prison, followed by three years of supervised release, for the federal charge of conspiracy to commit wire fraud, in connection with a scheme to defraud his employer of more than $1.7 million.  Judge Grimm also ordered Kaushal to pay restitution with the exact amount to be determined at a later hearing.

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

According to his plea agreement, between August 2015 and approximately January 2017, Kaushal was employed by a company headquartered in Beltsville, Maryland (Victim Company 1), which provided construction and design services, primarily to federal government agencies.  Ivan Victor Thrane was the owner and president of three construction companies operating in Dickerson and Beltsville, Maryland (“the Thrane companies”).  Kaushal recommended the Thrane companies to be subcontractors on Victim Company 1 projects for which Kaushal was the Project Manager or Project Executive. 

Kaushal admitted that between August 2015 and January 2017, he conspired with Thrane to defraud Victim Company 1 by submitting fraudulent payment requests for work purportedly performed by the Thrane companies, which Kaushal reviewed and approved.  In fact, the Thrane companies had not performed all of the work indicated on the payment requests and, in some cases, had not performed any work on projects for which payment was requested. 

Specifically, Kaushal and Thrane, among other things, caused the Thrane companies to submit payment requests to Victim Company 1.  Kaushal prepared the payment requests, which he e-mailed to Thrane.  Thrane, or another individual at Thrane’s request, signed the payment requests on behalf of the Thrane companies.  Thrane then e-mailed the signed payment requests to Kaushal, who, as Victim Company 1’s project manager and project executive, approved the payment requests, causing Victim Company 1 to pay the Thrane companies.  Once payment was received from Victim Company 1, Thrane funneled a portion of those payments to Kaushal, typically by writing checks from his personal bank account or from the Thrane companies, which Kaushal then deposited into his personal bank account.

After Victim Company 1 discovered the overbilling in December 2016, Kaushal and Thrane attempted to conceal the scheme to defraud.  For example, on December 28, 2016, Kaushal, using his work e-mail address, sent an e-mail to Thrane that read in part, “Good Morning Mr. Thrane: I have been informed by our accounting department that mistakenly we have overpaid your company for the MPO Skywalk Project.  Can you please verify with your accounting and respond by COB today.”  Other employees from Victim Company 1 were copied on this e-mail.  In fact, Kaushal and Thrane had communicated prior to this e-mail regarding the discovery of overpayments by Victim Company 1.  Kaushal and Thrane also agreed on a response, which Thrane then e-mailed to Kaushal, copying other employees from Victim Company 1.  Thrane’s response read in part, “…please allow me to review our records with my accountant.  My accountant is off this week. . . . Please rest assured that if there have been any overpayment to us by [Victim Company 1], we will return the overpayment immediately.”  In fact, the Thrane companies did not have an accountant.

Shortly after the fraud was discovered by Victim Company 1, between January 17 and January 23, 2017, Kaushal wired a total of $650,000, including proceeds of the fraud, from one of his personal bank accounts to an account in India, with Kaushal listed as the beneficiary.

Victim Company 1 eventually initiated civil litigation against Kaushal and Thrane, and obtained a default judgment against Kaushal of $1,740,330.  Kaushal then filed for Chapter 7 bankruptcy.  During a meeting of creditors in the bankruptcy proceeding, Kaushal testified that he had used some of the proceeds of the fraud to purchase a condominium in India for a family member and that he had lost more than $100,000 gambling at various casinos.  Kaushal was unable to account for more than $1 million of the kickback payments he received from Thrane.  On May 15, 2019, the Bankruptcy Court entered a default judgment against Kaushal, denying him a discharge.

From approximately September 2015 to December 2016, Victim Company 1 paid the Thrane companies approximately $3,294,675.34 as a result of the scheme to defraud.  Upon receipt of these payments from Victim Company 1, Thrane issued 34 kickback payments, totaling approximately $1,740,330 in checks written to Kaushal.  On January 3, 2017, after discovering the fraud scheme, Victim Company 1 reversed or voided payments totaling approximately $741,525 to the Thrane companies.  Kaushal then provided Thrane with three checks, all dated January 4, 2017, from Kaushal and made payable to one of the Thrane companies, totaling $370,700.06.  Kaushal admits that the loss attributable to him as a result of the scheme is between $1.5 million and $3.5 million.

Ivan Victor Thrane, age 65, of Dickerson, Maryland, pleaded guilty to his role in the scheme on August 22, 2019.  Judge Grimm has not yet set a date for sentencing. 

Kaushal remains detained. 

United States Attorney Robert K. Hur commended the FBI for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Jessica Collins and Gregory Bernstein, who prosecuted the case.

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Baltimore, Maryland – U.S. Circuit Judge Stephanie Thacker, sitting by designation in Baltimore, sentenced James Piccirilli, age 38, of Towson, Maryland, to 30 months in federal prison, followed by three years of supervised release, for possession of an unregistered fully automatic firearm. The sentence was imposed on January 13, 2020. 

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.

“This is not a case of someone using firearms to hunt, or to keep his family safe,” said U.S. Attorney Robert K. Hur.  “This is a firearms expert who purposely manufactured highly dangerous, highly regulated firearms, and knowing the harm they could cause, attempted to illegally sell them. This conduct poses a significant risk to public safety and we take seriously any effort to violate laws regulating fully automatic weapons, which can wound and kill at an alarmingly high rate.”

The National Firearms Act regulates certain firearms, known as “NFA firearms,” such as short-barreled rifles; fully automatic firearms; firearms that can be readily made fully automatic; and parts that can make a firearm fully automatic.  Individuals may not possess an NFA firearm that is not registered in the National Firearms Registration and Transfer Record (NFRTR), nor can a person sell or transfer an NFA firearm without the prior approval of the ATF.

According to his guilty plea, on October 5, 2018, Piccirilli took an MKE 5.56mm caliber firearm, which had been altered to convert it into a fully automatic short-barreled rifle, bringing the firearm under the regulation of the NFA, to the home of another individual, who was a licensed gun dealer in Maryland.  As detailed in court documents, Piccirilli, formerly a police officer in Brunswick, Maryland, legally owned non-NFA firearms and had the skill and expertise to convert non-NFA firearms into NFA firearms.  Piccirilli admitted that the firearm belonged to him, but it was not registered to him.

As detailed in his plea agreement, in November 2018, unbeknownst to Piccirilli, ATF seized the firearm.  In December 2018, Piccirilli attempted to sell the firearm to an ATF undercover agent without ATF’s prior approval.  According to information presented to the Court, Piccirilli tried to launder the unregistered firearm by attempting to get the gun dealer to register the illegal firearm and/or sell it, so that the sale of the gun would appear to be legal.  This set up the sale with the ATF undercover agent.  As documented through text messages and recorded telephone calls, Piccirilli used evasive language with the ATF undercover agent and tried to conceal the nature of the transaction.  On December 14, 2018, as Piccirilli left his house to complete the transaction, he was apprehended by ATF agents.  Investigators executed search warrants on his house and two vehicles, seizing 10 unregistered fully automatic firearms, one unregistered short-barreled rifle, and seven unregistered silencers.

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 part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.        

United States Attorney Robert K. Hur commended the ATF for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Patricia C. McLane and Brandon Moore, who prosecuted the case.

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Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Osakwe Ismael Osagbue, age 32, of Los Angeles, California, to four years in federal prison, followed by three years of supervised release, for mail fraud and aggravated identity theft, in connection with a scheme to obtain and use fraudulent credit cards, resulting in a loss of at least $1,365,746.24.  Judge Xinis also entered an order requiring Osagbue to forfeit and to pay restitution of $1,365,746.24.  The sentence was imposed on January 13, 2020.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service- Washington Division; and Special Agent in Charge Matthew Miller of the United States Secret Service - Washington Field Office.

According to Osagbue’s plea agreement, from December 2016 through December 2018, Osagbue obtained bank-issued credit cards in the names of other individuals and businesses, without their knowledge or consent, which he had mailed to addresses in Maryland and elsewhere.  Osagbue admitted that he then used those credit cards to conduct unauthorized transactions through Square tokens.  A Square token was a physical magnetic strip or chip reader that a merchant could attach to a mobile device and use as a point of sale (POS) terminal to conduct payment card transactions. 

As detailed in his plea agreement, Osagbue made it appear that these transactions were being conducted by legitimate merchants, such as plastic surgery centers, when in fact they were being conducted by Osagbue for his own benefit.  To conceal the scheme, Osagbue altered the global position system (“GPS”) location information for transactions conducted through the Square tokens to match the general location of the merchant that appeared to be conducting the transaction.  The proceeds of these transactions were deposited into bank accounts, which Osagbue opened in the names of other individuals and companies.  Osagbue subsequently withdrew the funds, often using automated teller machines (ATMs).  Bank surveillance images show Osagbue using ATMs located in California, Georgia, and Maryland to withdraw funds.

Osagbue admitted that the loss attributable to the scheme to defraud and reasonably foreseeable as to him was at least $1,365,746.24, and that the scheme involved more than 10 victims.    

United States Attorney Robert K. Hur praised the U.S. Postal Inspection Service and the U.S. Secret Service for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Jessica C. Collins and Gregory Bernstein, who prosecuted the case.

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Baltimore, Maryland – A federal jury convicted Alex Smith, a/k/a Skeet, age 34, of Halethorpe, Maryland, on federal charges of conspiracy to commit a commercial robbery, attempted robbery, and using, carrying, and discharging a firearm during and in relation to a crime of violence, related to the attempted armed robbery of a food service business in Baltimore on December 5, 2018, during which an employee of the business was shot.  The jury returned its verdict late on Friday, January 10, 2020.  Co-defendant Cornell Slater, a/k/a Chopper, age 34, of Odenton, Maryland, pleaded guilty on the eve of trial to the federal charges of using, carrying, and discharging a firearm during and in relation to a crime of violence; committing a commercial robbery, and to being a felon in possession of a firearm.

The conviction and guilty plea were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Commissioner Michael Harrison of the Baltimore Police Department; and Chief Tim Altomare of the Anne Arundel County Police Department.

According to Slater’s guilty plea and the evidence presented at Smith’s five-day trial, on December 5, 2018, Smith and Slater committed an attempted armed robbery of a food service business, which was Slater’s former employer.  At approximately 3:22 a.m., Slater picked Smith up at his residence and the two traveled to the business.  At 4:30 a.m., four employees arrived for the morning shift to open the store.  Surveillance cameras show Smith and Slater waking across a parking lot in the direction of the employee entrance.  As employees entered the store, Smith and Slater trailed them through the open door, posing as employees.

As detailed in the plea agreement and described during trial testimony, upon entering the building Slater confronted two victims outside of the manager’s office, pulling out a gun and shooting one of the victims in the face.  Slater then forced the other employee toward the direction of the cash room, where the safe was stored.  In the meantime, Smith entered the employee breakroom and confronted two other victims, brandishing a firearm while he ordered the victims to hand over their cell phones and get on the floor.  Once Slater and the victim reached the cash room, the victim quickly entered the room and shut the door behind him, knowing that the door would lock automatically.

Knowing that they had been locked out of the cash room, Smith and Slater fled to Slater’s vehicle and drove off.

Further, Slater admitted that on November 14, 2018, he fired two shots at a woman, striking her in the side.  The woman’s temporary license plate had been stolen from her vehicle on October 26, 2018.  While driving in her neighborhood in the 2500 block of Springhill Avenue in Baltimore on November 14, 2018, the victim saw her stolen license plate on Slater’s car and pulled beside the vehicle to see who had stolen the plate.  Slater confronted the victim for following him and shot her.  The victim was able to describe Slater and his girlfriend, who had also been in the car at the time of the shooting.

Both of the shootings were forensically linked by the shell casings recovered at each shooting scene.  Using information gleaned from both investigations, law enforcement officers were able to locate Slater and subsequently arrest him on December 18, 2018, outside of his residence in Odenton, MD.  At the time of his arrest, Slater’s vehicle was displaying another temporary license plate that he been stolen approximately two weeks earlier.  During a search of Slater’s residence, law enforcement recovered the 9mm pistol used in the two shootings from under Slater’s bed, as well as 10 rounds of 9mm ammunition.  Slater had a previous felony conviction and was prohibited from possessing a firearm or ammunition.

Smith faces a maximum of 20 years in federal prison for a commercial robbery; and a mandatory minimum of 10 years and a maximum of life in federal prison for aiding and abetting the discharge of a firearm during and in relation to a crime of violence.  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.  U.S. District Judge Richard D. Bennett has not yet scheduled a sentencing date for Smith.

Slater and the government have agreed that, if the Court accepts the plea agreement, Slater will be sentenced to 30 years in federal prison.  Judge Bennett has scheduled sentencing for Slater on April 8, 2020 at 3:00 p.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 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 part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.        

United States Attorney Robert K. Hur commended the ATF the Baltimore Police Department, and the Anne Arundel County Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Michael Goldsticker and James G. Warwick, who are prosecuting the case.

# # #

 

Greenbelt, Maryland – Jerome Francis Canty, age 23, of Oxon Hill, Maryland, pleaded guilty today to being a felon in possession of firearms and ammunition, and to violating his supervised release from a January 31, 2018 federal conviction for illegal possession of a firearm and ammunition by a convicted felon.  

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.

According to his guilty plea, on June 5, 2019, in response to a citizen complaint, Prince George’s County Police officers responded to an apartment in Temple Hills, Maryland, where they saw Canty and another man on the couch in the living room.  Officers also saw a black handgun in plain view on the couch next to Canty’s left leg.  The gun was a .40-caliber semi-automatic pistol.  The officers detained Canty and the other man.  The officers also saw a second firearm—a 9x19 millimeter caliber semi-automatic pistol—protruding from Canty’s right pants pocket.  Both guns were loaded.  At the time of the incident, a minor was asleep on the couch near the loaded firearms and three other children, all under the age of 10, were also in the apartment with the men.

The officers removed the two men from the apartment.  As they walked toward the police cruiser, Canty told the officers that the “guns were his.”  Canty also provided consent for law enforcement to search his vehicle and provided the keys to the officers.  During the search, law enforcement recovered a loaded .40-caliber semi-automatic pistol, loose ammunition, two additional magazines, including a 30-round magazine, located next to the loaded pistol, and $8,010 in cash found in a trash bag.  Both of the .40-caliber pistols had previously been reported as stolen.

As detailed in his plea agreement, Canty knew that as a result of his previous conviction he was prohibited from possessing the three firearms and 99 rounds of ammunition.

Canty and the government have agreed that, if the Court accepts the plea agreement, Canty will be sentenced to 57 months in federal prison for illegal possession of firearms and ammunition.  The parties also agree that the advisory guidelines range for the violation of supervised release is between eight and 14 months, but there is no agreement as to whether that sentence shall be ordered to be served concurrently or consecutively.  U.S. District Judge Theodore D. Chuang has scheduled sentencing for April 17, 2020 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 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 part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.        

United States Attorney Robert K. Hur commended the ATF and the Prince George’s County Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Jennifer R. Sykes, who is prosecuting the case.

# # #

Greenbelt, Maryland – Arinze Michael Ozor, age 36, of Bowie, Maryland, a dual citizen of the United States and Nigeria, pleaded guilty on January 3, 2020, to federal charges of forgery or false use of a passport, in connection with his use of false passports to open “drop accounts” for a money laundering conspiracy. 

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Edwin Guard of the Washington Field Office of the U.S. Department of State’s Diplomatic Security Service (DSS).

 According to his plea agreement, Ozor, a dual citizen of Nigeria and the United States, used at least two fraudulent passports as part of a money laundering conspiracy to open eight “drop accounts” to receive the proceeds from fraud schemes, including business e-mail compromise schemes and romance fraud schemes.  The funds deposited to the accounts were largely disseminated to other entities as part of the conspiracy by Ozor and others. 

Specifically, Ozor admitted that he used a Ghanaian passport in the name of Kelvin Green to open accounts at five banks between December 2017 and January 2018.  Although the passport contained purported identifiers for Green, it contained Ozor’s photograph.  When one of the banks froze the account due to suspicion of fraudulent activity, Ozor met with a banker to discuss regaining access to the account and presented the same Ghanaian passport in support of his request. 

Ozor further admitted that from March 23, 2018 through May 1, 2018, he used a purported Beninese passport in the name of Jacob Hessou to open accounts at three additional banks.  As with the Ghanaian passport, the Beninese passport contained purported identifiers for Hessou, but contained Ozor’s photograph.

The investigation found that Ozor does not have a validly issued passport from Ghana or Benin.  In addition, the Kelvin Green Ghanaian passport number and the Jacob Hessou Beninese passport number were actually issued to other individuals by the respective governments and not to Green or Hessou.

More than $976,000 was involved in the money laundering conspiracy from the eight accounts opened by Ozor using the fraudulent passports.

Ozor faces a maximum sentence of 10 years in federal prison.  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.  U.S. District Judge George J. Hazel has scheduled sentencing for May 7, 2020 at 10:00 a.m.

United States Attorney Robert K. Hur commended the FBI and the DSS for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Elizabeth Wright, who is prosecuting the case.

# # #

Baltimore, Maryland – Chief U.S. District Judge James K. Bredar today sentenced Kevin Daniel Mongold, Jr., age 22, of Halethorpe, Maryland, to 23 years in federal prison, followed by lifetime supervised release, for production of child pornography.  Chief Judge Bredar also ordered that, upon his release from prison, Mongold must continue 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). 

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Melissa R. Hyatt of the Baltimore County Police Department.

According to his guilty plea, on October 18, 2018, Dropbox made a report to the National Center for Missing and Exploited Children (NCMEC) that a user, later identified as Mongold, uploaded numerous images of an unknown prepubescent child who was being sexually exploited in the photos.  Investigators worked to identify and locate the unknown child.  After finding the child, law enforcement executed a search at Mongold’s residence and seized his iPhone and laptop computer.  A forensic analysis of Mongold’s electronic devices revealed that Mongold had repeatedly sexually abused the five-year-old child for nearly a year, between September 2017 and September 2018, in order to produce visual depictions documenting the abuse. 

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 Robert K. Hur commended the FBI and the Baltimore County Police Department for their work in the investigation, and thanked the Baltimore County State’s Attorney’s Office for its assistance.  Mr. Hur thanked Assistant U.S. Attorney Christine Duey, who prosecuted the federal case.

# # #

Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced former Maryland State Delegate Tawanna P. Gaines, age 67, of Berwyn Heights, Maryland, to six months in federal prison, followed by two months of home detention with electronic monitoring, as part of three years of supervised release, on a federal wire fraud charge.  Gaines converted more than $22,000 in campaign funds to her personal use.  Judge Chuang also ordered Gaines to pay restitution and to forfeit $22,565.03, which is the loss resulting from her fraud.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

“Tawanna Gaines betrayed the public trust by using her position in the Maryland House of Delegates to enrich herself, at the expense of her constituents,” said U.S. Attorney Robert K. Hur. “Our elected officials are entrusted to make decisions in the best interests of the people they represent.  We will pursue and prosecute those who break that trust and bring them to justice.” 

“Public corruption at any level undermines the community’s faith in their elected officials thus enabling long-term damage to government institutions,” said FBI Baltimore Special Agent in Charge Jennifer Boone. “The FBI works diligently to detect fraud and corruption and hold those who violate the public’s trust accountable. Anyone who believes they have information about public corruption is asked to contact the FBI at 410-265-8080 or tips.fbi.gov.”

According to her plea agreement, Gaines was a Maryland State Delegate from December 2001 through October 17, 2019, representing District 22, which covered portions of Prince George’s County.  Over her years in the House of Delegates, Gaines held many committee assignments, including vice-chair of the Appropriations Committee and Assistant Majority Leader.  The “Friends of Tawanna P. Gaines” (FTPG) candidate committee was the name of the finance entity for the Gaines campaign for Maryland State Delegate from June 2002 to the present.  FTPG was a regulated state election campaign committee with a designated bank account.  Separately, Gaines held exclusive control over a PayPal account used to accept electronic donations to FTPG which was not disclosed in State campaign finance filings.

Gaines admitted that from at least January 2015 through April 2018, she defrauded the campaign and its contributors of more than $22,000.  Specifically, Gaines solicited campaign contributions, falsely representing to contributors that the funds would be used to facilitate her reelection and maintain her leadership positions within the Maryland General Assembly.  Gaines accepted donations from campaign contributors into the FTPG PayPal account, then without authorization and in violation of Maryland campaign finance laws, utilized campaign funds from the FTPG account for her personal use.  Gaines admitted that she received campaign contributions and converted them to her own use without causing the contributions to be identified on reports made to the Maryland State Board of Elections.

As detailed in her plea agreement, Gaines used the campaign funds from the FTPG PayPal account to pay for personal expenses, such as fast food, hair styling, dental work, a cover for the pool at her personal residence, an Amazon Fire TV stick, Amazon Prime membership, and payments to Amazon.com.  In addition, during the course of the scheme Gaines withdrew a total of approximately $1,952.75 in cash from ATM machines and electronically transferred at least $2,061.55 from the FTPG PayPal account directly to her personal checking account.  The total loss as a result of Gaines’ fraud was at least $22,565.03.  As part of her plea agreement, Gaines is required to forfeit and pay restitution in that amount.

United States Attorney Robert K. Hur commended the FBI for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Thomas P. Windom, who prosecuted the case.

# # #

 

Baltimore, Maryland – U.S. Attorney Robert K. Hur announced that financial collections in criminal and civil actions in Fiscal Year (FY) 2019 in the District of Maryland reached $77,313,382.58.  The U.S. Department of Justice keeps statistics on a fiscal year basis, closing the books each September 30.

“Thanks to the hard work and dedication of employees of the U.S. Attorney’s Office and our partner agencies, funds recovered far exceed the cost of operating the office,” said Maryland U.S. Attorney Robert K. Hur. “We will continue to hold accountable anyone who seeks to profit from illegal activities.”

According to statistics from the Department of Justice, the U.S. Attorney’s Office for the District of Maryland in FY 2019 collected $10,072,186.17 in criminal debts owed to the U.S. government and to federal crime victims, including restitution, criminal fines, and felony assessments. 

The statistics show that the $67,241,196.41 collected in civil actions in Maryland include affirmative civil enforcement cases—in which the United States recovered government money lost to fraud or other misconduct or collected penalties imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws—and debts collected on behalf of several federal agencies, including the U.S. Department of Health and Human Services.  These cases include the successful resolution of investigations or qui tam actions against Med Star Health, Inc., International Business Machines Corporation, ACell, Inc., Anne Arundel Medical Center, Skyline Urology, P.A., Hyperheal Hyperbarics, Inc., Maryland Treatment Centers, Inc., and two Medicare data-mining investigations against Dr. Wagdi Attia and Cardiac Associates, P.C.

Additionally, the District of Maryland worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $6,992,231 in cases pursued jointly with these offices.  Of this amount, $10,473.20 was collected in criminal actions and $6,981,757.80 was collected in civil actions, including cases resolved under the False Claims Act on behalf of victim agencies such as the U.S. Department of Health and Human Services, the U.S. Department of Defense, and the U.S. Department of Education.

The U.S. Attorney’s Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered physical injury or financial loss.  While restitution is paid directly to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal healthcare laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the U.S. Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration, and the U.S. Department of Education.            

In addition, the U.S. Attorney’s Office for the District of Maryland, working with partner agencies and divisions, collected $6,142,695 in asset forfeiture actions in FY 2019.  Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes. 

For more information, the Department’s Annual Statistical Reports on prior fiscal years can be found on the Internet at: https://www.justice.gov/usao/resources/annual-statistical-reports.

# # #

 

Baltimore Maryland – A federal criminal information was unsealed today charging former Maryland State Delegate Cheryl Diane Glenn, age 68, of Baltimore, Maryland, with federal honest services wire fraud and bribery charges.  The information was filed on July 23, 2019, and unsealed today.  Glenn’s initial appearance and arraignment are scheduled for January 22, 2020, at 2:30 p.m. in U.S. District Court in Baltimore.

The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

“We expect our elected officials to put the interests of the public above their own.  We do not expect them to sell their office to the highest bidder,” said U.S. Attorney Robert K. Hur.  “The U.S. Attorney’s Office will hold accountable those who betray the public trust for their own greed.”

According to the criminal information, until her resignation on December 18, 2019, Glenn was a Maryland State Delegate representing District 45, which covered portions of Baltimore.  During her tenure, Glenn served as the Chair of the Banking, Consumer Protection, and Commercial Law Subcommittee of the Economic Matters Committee; the Vice Chair of the Rules and Executive Nominations Committee; and the Chair of the Baltimore City Delegation, among other roles.

The criminal information alleges that from at least March 4, 2018 through February 11, 2019, Glenn defrauded the citizens of Maryland of the right to her honest services by soliciting and accepting bribes in exchange for her official actions.  Specifically, the information alleges that Glenn accepted $33,750 in bribes from an associate in exchange for voting in favor of a bill to increase the number of medical marijuana grower and processing licenses that were available to an out-of-state company; promising to lead the effort to change the law in order to provide a preference for Maryland residency to in-state medical marijuana license applicants; introducing legislation that decreased the number of years of experience required to be a medical director of an opioid maintenance therapy clinic; and introducing legislation that created a class B alcohol and liquor license in District 45.

As detailed in the criminal information, after a meeting on March 5, 2018 with an associate and two businesspersons, Glenn agreed to use her position as a state legislator to vote for a bill which could favor Company 1 in its pursuit of a medical marijuana license, in exchange for $3,000 in cash, which would be used to pay an outstanding tax bill on her residence.  Glenn subsequently voted for the bill after its Third Reading on March 8, 2018, and on April 7, 2018, after amendments from the Senate.  The bill passed and on April 20, 2018, the associate provided Glenn with $3,000 in cash during a meeting at a restaurant in Baltimore County.

According to the information, on June 7, 2018, Glenn and her associate met with another businessperson at a restaurant in Baltimore to discuss medical marijuana licenses.  During the conversation, Glenn allegedly told the businessperson that people had asked her how a medical marijuana company had been awarded a medical marijuana growing license without having any high-priced lobbyists.  Glenn allegedly responded, “…they know God and Cheryl Glenn.”  A few weeks later, Glenn followed up with the associate to see if the businessperson was “lookin’ for [Glenn] to help him or something?”  The associate confirmed that the businessperson did want Glenn’s help and Glenn allegedly asked “…is he going to be makin’ a donation or something?”  On August 10, 2018, the associate told Glenn that the businessperson had offered the associate $10,000 to get Maryland law changed so that local businesses would be given priority for medical marijuana licenses.  The associate offered to split the $10,000 with Glenn, who agreed to introduce legislation to get the law changed in exchange for a payment of $5,000.  The information alleges that in order to get the businessperson to make the $10,000 payment, Glenn subsequently sent the associate an e-mail pledging to take the lead in the effort to get the law changed so that Maryland residents received a preference for medical marijuana licenses.  On August 23, 2018, the associate allegedly gave Glenn $5,000 in cash during a meeting at a Baltimore restaurant.

The information further alleges that on October 18, 2018, Glenn pre-filed legislation to reduce the required experience for medical directors at opioid maintenance therapy clinics in order to receive another $5,000 payment from the businessperson.  The payment was provided on October 22, 2018, and Glenn subsequently introduced the bill on January 9, 2019.  Further, Glenn allegedly agreed to introduce legislation to obtain a liquor license for a restaurant that the businessperson wanted to open in Glenn’s district, in exchange for $20,000, with the initial payment of $5,000 to be made up front and the remaining $15,000 payment when the legislation was introduced.  According to the information, Glenn received the $5,000 payment on December 10, 2018.  On January 28, 2019, Glenn introduced the bill to obtain the liquor license and on February 11, 2019, allegedly received a bribe payment of $15,000.

Glenn allegedly took steps to conceal her illegal activities, including: agreeing not to deposit bribe payments in her bank account; agreeing to meet in person to discuss the details of bribes rather than discussing them over the phone; and creating a false loan note for the $15,000 bribe payment, falsely stating that the money was a gift and was in no way connected to her position as a State Delegate.  Further, the information alleges that on at least two occasions, Glenn texted an associate who was providing the bribe payments on behalf of the businesses and falsely advised the associate that the bribe payments were short a total of $750, which the associate subsequently provided to Glenn.

If convicted, Glenn faces a maximum sentence of 20 years in federal prison for honest services wire fraud and five years in federal prison for the bribery charge.  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. 

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

United States Attorney Robert K. Hur commended the FBI for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Derek E. Hines and Leo J. Wise, who are prosecuting the case.

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Greenbelt, Maryland – On December 19, 2019, Ashley Alston, age 28, of Baltimore pleaded guilty to a federal racketeering charge and on December 20, 2019, her father Aldon Alston, age 55 also of Baltimore, pleaded guilty to the same charge, for participating in a scheme to smuggle contraband into the Maryland Correctional Institution Jessup (MCIJ), including narcotics, unauthorized flash drives, tobacco, and cell phones.  Ashley is the sister and Aldon is the father of MCIJ inmate Corey Alston, a/k/a “C,” age 29, who pleaded guilty on September 18, 2019, to the same charge.

The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone, of the Federal Bureau of Investigation, Baltimore Field Office; and Secretary Robert L. Green, of the Maryland Department of Public Safety and Correctional Services.

According to court documents, MCIJ was a medium-security prison in Anne Arundel County, Maryland, that housed approximately 1,100 male inmates, with 262 custody staff or correctional officers (COs) and 52 non-custody staff, including case management, medical, and administrative staff.

According to their plea agreements, Corey Alston recruited Ashley and Aldon Alston to obtain and package contraband, meet with correctional officers and employees to provide contraband and bribe payments, and manage the proceeds of illegal contraband sales for Corey Alston.  At Corey Alston’s direction, Ashley and Aldon met with co-conspirator facilitators, including Tyirisha Johnson, to receive contraband as well as bribe payments, which they provided to Correctional Officer Janel Griffin and other corrupt prison employees to smuggle into the facility in exchange for bribes.  Recorded jail calls between Corey Alston, his sister and his father confirm that beginning in April and July 2017, respectively and continuing until August 14, 2017, Ashley and Aldon Alston met with Johnson or another facilitator, as well as with corrupt prison employees, to obtain contraband and proceeds of the sales and to provide bribe payments.  The contraband included Suboxone, Percocet, Ecstasy, K2, and tobacco, which they obtained and delivered to be smuggled into MCIJ.

Inmate Corey Alston admitted that he was a leader in the racketeering conspiracy. 

Ashley and Aldon Alston each face a maximum sentence of 20 years in prison.  U.S. District Judge Paula Xinis has scheduled sentencing for Aldon Alston on March 24, 2020, and for Ashley Alston on March 26, 2020, both at 4:00 p.m.  Tyirisha Johnson, age 23, of Baltimore, pleaded guilty to her role in the conspiracy on July 23, 2019.  No sentencing date has been set for Johnson or Corey Alston.

This case arose from the efforts of the Maryland Prison Task Force, coordinated by the U.S. Attorney’s Office and comprised of local, state, and federal stakeholders that meet regularly to share information and generate recommendations to reform prison procedures and attack the gang problem that has plagued Maryland in recent years.  The work of the Task Force previously resulted in the federal convictions of more than 80 defendants, including 16 correctional officers, at the Eastern Correctional Institution, and 40 defendants, including 24 correctional officers, at the Baltimore City Detention Center.

United States Attorney Robert K. Hur commended the FBI and the Department of Public Safety and Correctional Services for their work in the investigation. The U.S. Attorney expressed appreciation to the Department of Public Safety and Correctional Services, whose staff initiated the MCIJ investigation and have been full partners in this investigation.  Mr. Hur thanked Assistant U.S. Attorneys Lauren E. Perry and Sean R. Delaney, who are prosecuting this case.

# # #

Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced Patrick Teon Robinson, age 27, of Beltsville, Maryland, to 11 years in prison, followed by three years of supervised release for conspiring to distribute and possess with intent to distribute cocaine and for possession of a firearm with an obliterated serial number.  The sentence was imposed on December 20, 2019.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jesse R. Fong of the Drug Enforcement Administration - Washington Field Division; Chief Marcus Jones of the Montgomery County Police Department; and Chief Peter Newsham of the Metropolitan Police Department.

United States Attorney Robert K. Hur stated, “We are committed to working with our law enforcement partners to get guns out of the hands of drug dealers and off of our streets, in order to reduce violent crime in our neighborhoods.  Patrick Robinson possessed a firearm with an obliterated serial number, so that it could not be traced.  Now, he faces 11 years in federal prison, where there is no parole—ever.  Please, put down the guns and save a life—maybe even your own.” 

According to Robinson’s plea agreement, from in or about February 2017 through in or about February 2018, Robinson conspired with Francis Conteh, a/k/a “Luck,” a/k/a “Lucky” and others to distribute and possess with intent to distribute cocaine.

During the course of this conspiracy, co-defendant Conteh distributed cocaine to Robinson for resale to customers in Washington, D.C. and Maryland.  The quantity of cocaine was equivalent to at least 50 grams but less than 100 grams.

On February 15, 2018, Robinson parked at the Silver Spring residence of an associate of Conteh and after approximately five minutes exited the residence carrying an olive green tote bag that appeared to be weighed down by its contents.  Upon departing the residence, Robinson ran multiple stop signs and committed several speeding offenses.  A Montgomery County police officer attempted to pull Robinson over, however Robinson fled to a nearby apartment complex.  Robinson then exited his vehicle and retrieved the tote bag.  While being pursed, Robinson dropped the tote bag, which was recovered by law enforcement and Robinson was subsequently arrested.

According to Robinson’s plea agreement, a black and silver 9mm rifle was recovered from the tote. The butt stock of the firearm was sawed off, and the serial number was obliterated.

Francis Conteh, age 37, of Washington, D.C. previously pleaded guilty to conspiracy to distribute and possess with intent to distribute powder and crack cocaine and was sentenced by Judge Xinis to 45 months in federal prison.  To date, this DEA-led investigation has resulted in 10 convictions for narcotics trafficking and/or illegal possession of firearms.

United States Attorney Robert K. Hur commended the DEA, the Montgomery County Police Department, and the Metropolitan Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Timothy F. Hagan, who is prosecuting this Organized Crime Drug Enforcement Task Force case.

# # #

 

Greenbelt, Maryland – A federal criminal complaint has been filed in Maryland charging Arthur Morgan, age 67, of Lorton, Virginia, on a federal wire fraud charge, in connection with federal contracts to provide helmets, body armor, and other goods to military and other federal entities.  The criminal complaint was filed on December 16, 2019 and was unsealed at his initial appearance following his arrest on December 17, 2019. 

At a detention hearing yesterday in U.S. District Court in Greenbelt, U.S. Magistrate Judge Gina L. Simms ordered that Morgan be released to a third-party custodian on home confinement, with a special condition that he pay a $75,000 bond.  He will be detained until a hearing at 3:30 p.m. today to confirm that Morgan has met his conditions of release.

The criminal complaint was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Eric D. Radwick of the General Services Administration (GSA) Office of Inspector General; Special Agent in Charge Ashan Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Washington Field Division; Special Agent in Charge John A. Salazar, Naval Criminal Investigative Service; and Special Agent in Charge Marc A. Meyer of the U.S. Department of State Office of Inspector General.

According to the affidavit filed in support of the criminal complaint, Morgan is the Chief Executive Officer of Surveillance Equipment Group Inc. (SEG) and its relevant division, SEG Armor.  The GSA enters into government-wide contracts with commercial firms to provide supplies and services that are available for use by federal agencies worldwide.  All GSA contracts are subject to the Trade Agreements Act, which requires that all products listed on GSA contracts must be manufactured or “substantially transformed,” in a “designated country.”  China is not a designated country under the TAA. Any contractor wishing to supply products from China or other non-designated countries must specifically identify all foreign products and state their country of origin.  Failure to do so disqualifies the contractor from eligibility for the contract, and a contractor who falsely certifies cannot seek payment from the United States.

The criminal complaint alleges that Morgan falsely certified that the ballistic vests, helmets, riot gear, and other items he offered for sale were from designated countries, specifically, Hong Kong and the United States.  The affidavit alleges that Morgan knew that the items were manufactured and purchased from China.  From September 2015 to July 2019, the U.S. Navy and U.S. Department of State were two of at least five federal agencies that placed a total of nine orders with SEG for ballistic vests, helmets, or riot gear, valued at approximately $639,921.11. 

For example, the U.S. Navy placed an order with SEG for helmets, and Morgan had a series of e-mail communications with a Navy contract specialist in Indian Head, Maryland, concerning SEG’s inability to meet the agreed-upon delivery schedule.  The affidavit alleges that in his e-mails, Morgan falsely advised the contract specialist that SEG had a factory in southern Virginia, that the helmets for the order “were in production” there, and that the delays were due to a backorder of materials needed for the helmets.  In addition, on the same date that Morgan received a partial payment from the Navy in the amount of $127,069.60, Morgan made a payment to a Chinese company that manufactures the exact same helmet as SEG delivered to the Navy, in the amount of $67,915.

If convicted, Morgan faces a maximum sentence of 20 years in federal prison for wire fraud.  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. 

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

United States Attorney Robert K. Hur commended the GSA OIG, the State Department OIG, the ATF, and the NCIS for their work in the investigation, and recognized the Army Major Procurement Fraud Unit, the Defense Criminal Investigative Service, Homeland Security Investigations, the FBI, the Air Force Office of Special Investigations, and the Coast Guard Investigative Service for their assistance.  Mr. Hur thanked Assistant U.S. Attorney Elizabeth Wright, who is prosecuting the case.

# # #

Greenbelt, Maryland – Maria Espinal, age 53, of Montgomery Village, Maryland, pleaded guilty today to aiding and assisting in filing false tax returns and aggravated identity theft.

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division; Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Maryland Comptroller Peter Franchot.

According to court documents and statements made in court, Maria Espinal owned and operated a tax return preparation business located in Gaithersburg, Maryland.  From 2011 through 2017, Maria Espinal prepared and filed fraudulent tax returns on behalf of her clients with the Internal Revenue Service (IRS) and the Comptroller of Maryland that claimed tax refunds to which the clients were not entitled.  To generate a fraudulent refund, Espinal altered legitimate Forms W-2 in the names of third parties and replaced the third party’s name with her client’s name.  As a result, her client claimed the third-party’s withholdings as his or her own, which generated fraudulent tax refunds.

In addition, Espinal displayed a sign on her office wall that read in Spanish “If you have lost your [identification] number or passport we have these people” and which listed the identifying information for several individuals.  Espinal used the personal identifying information for one of those individuals to obtain a fraudulent refund on behalf of another client.  Espinal also filed a tax return using another individual’s personal identifying information to generate a fraudulent refund that Espinal deposited into her own personal bank account. 

Espinal faces a mandatory sentence of two years in prison for aggravated identity theft, and three years in prison for aiding in the preparation of a false tax return.  She also faces a period of supervised release, restitution, and monetary penalties.  U.S. District Judge Theodore D. Chuang set sentencing for April 2, 2020, at 9:30 a.m. 

U.S. Attorney Hur and Principal Deputy Assistant Attorney General Zuckerman thanked IRS - Criminal Investigation and the Office of the Comptroller of Maryland for their work in the investigation, and commended Assistant United States Attorney Erin Pulice and Trial Attorney Carl Brooker of the Tax Division, who are prosecuting the case.

# # #

 

A Maryland tax return preparer pleaded guilty yesterday to aiding and assisting in filing false tax returns and aggravated identity theft, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Robert K. Hur of the District of Maryland.

According to court documents and statements made in court, Maria Espinal owned and operated a tax return preparation business located in Gaithersburg, Maryland. From 2011 through 2017, Maria Espinal prepared and filed fraudulent tax returns on behalf of her clients with the Internal Revenue Service (IRS) and the Comptroller of Maryland that claimed tax refunds to which the clients were not entitled. To generate a fraudulent refund, Espinal altered legitimate Forms W-2 in the names of third parties and replaced the third party’s name with her client’s name. As a result, her client claimed the third-party’s withholdings as his or her own, which generated fraudulent tax refunds.

In addition, Espinal displayed a sign on her office wall that read in Spanish “If you have lost your [identification] number or passport we have these people” and which listed the identifying information for several individuals. Espinal used the personal identifying information for one of those individuals to obtain a fraudulent refund on behalf of another client. Espinal also filed a tax return using another individual’s personal identifying information to generate a fraudulent refund that Espinal deposited into her own personal bank account. 

U.S. District Judge Theodore Chuang set sentencing for April 2, 2020. Espinal faces a mandatory sentence of two years in prison for aggravated identity theft, and three years in prison for aiding in the preparation of a false tax return. She also faces a period of supervised release, restitution, and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Hur thanked Special Agents of IRS - Criminal Investigation and Enforcement Agents of the Comptroller of Maryland who conducted the investigation, and Trial Attorney Carl Brooker of the Tax Division and Assistant United States Attorney Erin Pulice of the District or Maryland, who are prosecuting the case.

Additional information about the Tax Division’s enforcement efforts can be found on the Division’s website.

Greenbelt, Maryland – A federal grand jury in Maryland has indicted Kyrie Rashaud Thompson, age 25, of Washington, D.C., on a federal kidnapping charge.  The indictment was filed on December 18, 2019. 

The federal charge was announced by United States Attorney for the District of Maryland Robert K. Hur and Acting Chief Gregory T. Monahan of the U.S. Park Police.

According to the one-count indictment and other court documents, on September 22, 2019, Thompson kidnapped an individual, forcing the victim to drive from the District of Columbia to Maryland.  Court documents allege that Thompson threatened and assaulted the victim.

If convicted, Thompson faces a maximum sentence of life in federal prison.  Thompson has an initial appearance scheduled in U.S. District Court in Greenbelt, on December 23, 2019 at 10:00 a.m.  Thompson is currently detained.

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. 

United States Attorney Robert K. Hur commended the U.S. Park Police for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Leah B. Grossi and Hollis R. Weisman, who are prosecuting the case.

# # #

 

Baltimore, Maryland –Xiaoying Xu, age 34, a Chinese citizen residing in Covina, California, pleaded guilty today to on a federal conspiracy and mail fraud charges related to her trafficking in counterfeit goods.  

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Postal Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service - Washington Division; and Casey Durst, Director of Field Operations, U.S. Customs and Border Protection - Baltimore Field Office.

“Xu sold counterfeit products, representing them to unsuspecting customers as legitimate merchandise bearing the registered trademarks of legitimate companies.” said U.S. Attorney Robert K. Hur.  “The sale of counterfeit goods not only defrauds consumers and legitimate companies, but results in American jobs lost, American business profits stolen, and American consumers tricked into receiving substandard products.”

According to her plea agreement, from about August 2016 until approximately April 2019, Xu conspired with others to defraud e-commerce customers by importing and selling counterfeit consumer goods, specifically Pandora jewelry and Ray-Ban sunglasses.  Xu used her residence and offices in El Monte and Alhambra, California, as destination points for shipments of counterfeit goods shipped from Hong Kong and China.  Xu repackaged the counterfeit goods, then mailed them to unsuspecting customers throughout the United States who believed they had purchased authentic goods. 

Xu and other members of the conspiracy obtained funds from the victims of the counterfeit scheme through fraudulently acquired customer accounts opened in the names of other people at a global online payment company.  The online payment company sent the victims’ money to Xu by electronic transfer to bank accounts or by check, which Xu cashed at ATMs or deposited into bank accounts opened by co-conspirators. 

Xu admits that as a result of her fraudulent conduct, as well as her knowledge of the fraudulent conduct of her co-conspirators, members of the conspiracy sold $2,322,845 worth of counterfeit Pandora and Ray-Ban-branded products to unsuspecting customers, causing a loss to the customers of at least that amount.

Xu faces a maximum sentence of five years in prison for conspiracy to commit mail fraud and a maximum of 20 years in prison for mail fraud.  Chief U.S. District Judge James K. Bredar has scheduled sentencing for March 12, 2020.

United States Attorney Robert K. Hur commended the FBI, HSI, U.S. Postal Inspection Service, and U.S. Customs and Border Protection, in Maryland and in Los Angeles, California; Seattle, Washington; and Tampa, Florida for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Peter J. Martinez and Martin J. Clarke, who are prosecuting the case.

# # #

 

Baltimore, Maryland – A federal grand jury has indicted Joseph Liberto, age 45, of New Windsor, Maryland, on federal wire fraud and conspiracy charges in connection with his company’s contract to perform repairs at U.S. Postal Service (USPS) facilities.  The indictment was returned on December 18, 2019.

The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Scott Pierce of the U.S. Postal Service Office of Inspector General.

According to the 31-count indictment, between 2014 and 2018, Joseph Liberto, President of Sierra Construction LLC, in Frederick, Maryland, contracted with EMCOR-CSC to provide repair services to USPS facilities.  EMCOR acted as the clearing house responsible for receiving service calls for needed maintenance and repair work on its customers’ facilities, including the USPS, and assigning such work to service providers, such as Liberto and Sierra.  The indictment alleges that Liberto engaged in a scheme to defraud EMCOR and the USPS by fraudulently concealing Sierra’s use of subcontractors to carry out maintenance work it was assigned to perform, making false statements, and providing false documents to EMCOR, in order to overcharge the USPS.  The indictment alleges that Sierra obtained approximately $2 million through these fraudulent overbillings.

If convicted, Liberto faces a maximum sentence of 20 years in federal prison for the conspiracy, and for each of the 30 counts of wire fraud.  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 initial appearance in U.S. District Court in Baltimore has not yet been scheduled.

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. 

United States Attorney Robert K. Hur commended the Contract Fraud Investigation Division of the U.S. Postal Service Office of Inspector General for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Jefferson M. Gray, who is prosecuting the case.

# # #

 

Baltimore, Maryland – A federal grand jury has indicted Ronald Maurice Smith, age 46, of Baltimore, Maryland, on the federal charges of extortion and being a felon in possession of a gun.  A related criminal information was also filed charging Philip Michael Loverde, age 38, of Glen Burnie, Maryland, with extortion.  The indictment and criminal information were both filed on December 18, 2019. 

The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.

According to Smith’s 10-count indictment, from January 2014 to February 2016, Smith, who was a supervisor in the Baltimore City Department of Public Works’ Water and Waste Management Division (DPW), personally enriched himself and others by using Baltimore City employees, equipment, and materials to install new and upgraded water, sewer, and fire line services for private developers and property owners without obtaining the required permits, approvals, and inspections, without paying the Baltimore City fees for water, sewer, and/or fire line service installation permits and traffic control, and without installing water meters while charging lower prices to the private developers and property owners than City-approved, bonded, and licensed utilities contractors would charge.

Specifically, the indictment alleges that Smith used his authority as a DPW supervisor to cause DPW workers, using DPW equipment, to make a street cut to access the public water main, and install a pipe to connect the water main to a location for a water meter vault, and from that location to a private property, all without obtaining the necessary permits.  Smith was paid in cash by the private property owner or developer either because Smith asked for a cash payment or because Smith caused his co-conspirator, licensed plumber Philip Loverde, one of the owners of All Service Plumbing and Drain Cleaning and All Service Plumbing and Heating, to create a false All Services invoice to submit to the private property owner or developer, when in fact, the indictment alleges that Smith and DPW crews performed the work.  According to the indictment, when All Services was paid, Loverde cashed the check and provided the cash to Smith.  

The indictment alleges that to conceal the scheme, Smith caused other DPW employees to create and submit false DPW service requests and work orders.  According to the indictment, Smith caused DPW personnel to place metal plates over the street cuts DPW personnel made to install the new water service and eventually used DPW equipment, personnel, and materials to re-pave where the street cuts and excavation had occurred.  The indictment alleges that Smith received at least $64,000 as a result of the scheme.  

Finally, on February 5, 2016, Smith, who has a previous felony conviction, allegedly illegally possessed a .380-caliber handgun.

If convicted, Smith and Loverde each face a maximum sentence of 20 years in federal prison for extortion under color of official right.  Smith also faces a maximum of 10 years in federal prison for being a felon in possession of a gun.  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 initial appearance in U.S. District Court in Baltimore, has not yet been scheduled for Smith or Loverde.

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

United States Attorney Robert K. Hur commended the FBI and Baltimore Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Joyce K. McDonald, who is prosecuting these cases.

# # #

 

Baltimore, Maryland - Today, Attorney General William P. Barr announced the launch of Operation Relentless Pursuit, an initiative aimed at combating violent crime in seven of America’s most violent cities—including Baltimore—through a surge in federal resources.

Joined at a press conference in Detroit, Michigan, by ATF Acting Director Regina Lombardo, DEA Acting Administrator Uttam Dhillon, FBI Director Christopher Wray, and United States Marshals Service Director Donald W. Washington, Attorney General Barr pledged to intensify federal law enforcement resources into Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee – seven American cities with violent crime levels several times the national average.

United States Attorney Robert K. Hur and Baltimore-based federal, state, and local law enforcement leaders announced their participation in the initiative in a press conference immediately following the Attorney General’s.

“Americans deserve to live in safety,” said Attorney General William P. Barr. “And while nationwide violent crime rates are down, many cities continue to see levels of extraordinary violence. Operation Relentless Pursuit seeks to ensure that no American city is excluded from the peace and security felt by the majority of Americans, while also supporting those who serve and protect in these communities with the resources, training, and equipment they need to stay safe.”

“In spite of our efforts and achievements this year, violent-crime rates in our city remain stubbornly high,” said U.S. Attorney Robert K. Hur.  “Law enforcement here in Baltimore is committed to working together every day to get guns out of the hands of criminals and off of our streets, to reduce violent crime in our neighborhoods.  The additional law enforcement personnel and funding provided by Attorney General Barr and the Department of Justice will help us work our way toward a safer Baltimore.”

“ATF is wholly focused on violent crime, removing the most dangerous and prolific offenders from the streets of Baltimore City. Our collaborative efforts with local, state, and federal law enforcement and prosecutors is critical to ensuring we are successful,” said ATF Baltimore Special Agent in Charge Rob Cekada. “Under Operation Relentless Pursuit, we will focus additional personnel and resources on our mission of identifying, investigating, and incarcerating Baltimore’s violent criminals.”

DEA Special Agent in Charge Jesse R. Fong stated, “The DEA is committed, along with our federal partners here today, to this great effort to stem the tide of violence and drug trafficking activities we have seen across Baltimore.  This new synchronization of investigative efforts inherent to Operation Relentless Pursuit will better target, disrupt, and dismantle violent criminal organizations across the area to help keep our neighborhoods safer.”

“The FBI is committed to pursuing those who commit violent crimes and threaten the safety of our communities.  Together with our federal, state, and local partners, we have and will continue to pursue operations to bring violent criminals to justice,” said FBI Special Agent in Charge Jennifer C. Boone.  “Under the auspices of Operation Relentless Pursuit, we will collectively devote additional resources and efforts to attack the most violent offenders plaguing the city of Baltimore.”

Maryland U.S. Marshal Johnny Hughes stated, “We are looking forward to doing what we do best striking fear in the hearts of evil locating and arresting these violent felons who prey on the innocent and helpless.”

The Operation will involve increasing the number of federal law enforcement officers to the selected cities, as well as bulking up federal task forces through collaborative efforts with state and local law enforcement partners. The surge in federal agents will be complemented by a financial commitment of up to $71 million in federal grant funding that can be used by the seven selected cities to hire new officers, pay overtime and benefits, finance federally deputized task force officers, and provide mission-critical equipment and technology. 

# # #

Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced Darnell E. Bassett, age 24, of Washington, D.C., today to 51 months in federal prison, followed by three years of supervised release, for involuntary manslaughter in connection with a fatal accident on the Baltimore-Washington Parkway.  Judge Hazel also ordered Bassett to pay restitution of $10,337, which represents the full amount of the victim’s losses, including the costs of the victim’s funeral and burial costs.  Bassett pleaded guilty to the federal charge on September 25, 2019.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Chief Gregory T. Monahan of the U.S. Park Police; and Chief Peter Newsham of the Metropolitan Police Department.

According to Bassett’s plea agreement, on June 24, 2019, a vehicle driven by Bassett was involved in a collision with a District of Columbia Metropolitan Police cruiser in northeast Washington, D.C.  The police vehicle was disabled, but Bassett continued driving at a high rate of speed, going the wrong way on a one-way street.  Another marked Metropolitan Police vehicle pursued Bassett with its lights and siren activated.  Bassett did not stop, making his way into Maryland on the Baltimore-Washington Parkway.

Bassett continued driving northbound on the Baltimore-Washington Parkway at a high rate of speed and passed other vehicles by driving on the right shoulder of the highway.  Sometime during the incident, one of his tires blew out, but Bassett nevertheless continued driving on the shoulder of the highway and passing other traffic.  While driving at least 70 miles per hour, Bassett began to take the right-side exit ramp to the inner loop of Interstate 495, then veered left across the on-ramp and into the triangular painted safety zone between the ramp and the travel lanes, striking a Honda CR-V that was stopped in the safety zone.  The Honda spun around and then turned onto its side.  The driver of the Honda died as a result of the crash. 

United States Attorney Robert K. Hur commended the U.S. Park Police and the Metropolitan Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Michael Morgan and Hollis Raphael Weisman, who are prosecuting the case.

# # #

 

Baltimore, Maryland – A federal grand jury has indicted David James Green, age 24, of Miami Gardens, Florida, and McArnold Charlemagne, age 32, of Miramar, Florida, on federal charges of mail fraud and conspiracy to commit mail fraud, in connection with a scheme in which they allegedly defrauded more than 65 elderly victims of more than $1.5 million.  The indictment was returned on December 3, 2019, and was unsealed on December 12, 2019.

The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

According to the seven-count indictment, from January 2018 through August 2019, the defendants were 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.  Charlemagne and Green’s co-conspirators allegedly 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 stated in the indictment, during the telephone calls, the co-conspirators directed victims to send cash to a particular address via an overnight delivery service.  The co-conspirators allegedly 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.

The indictment further alleges that in order to conceal the crime, Charlemagne, Green, 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 Green allegedly 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, Green and other co-conspirators recruited and instructed additional people to assist in retrieving packages of cash from specified locations.

If convicted, Charlemagne and Green each face a maximum sentence of 20 years in federal prison for mail fraud conspiracy and for each of three counts of mail fraud.  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.  Charlemagne had his initial appearance today in U.S. District Court in Baltimore.  Chief U.S. Magistrate Judge Beth P. Gesner ordered Charlemagne to be released to a third party custodian, with the condition that he post a $100,000 bond.  An arrest warrant has been issued for Green.

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 Department of Justice has an interactive tool for elders who have been financially exploited to help determine to which agency they should report their incident, and also a senior scam alert website.  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.  Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.

United States Attorney Robert K. Hur commended the FBI for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Sean R. Delaney and Matthew J. Maddox, who are prosecuting the case.

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Baltimore, Maryland – U.S. District Judge Ellen L. Hollander today sentenced Todd Andrew Leasure, age 45, of Orange Beach, Alabama, to six months of home detention as part of five years’ probation, for the federal charge of making false statements in connection with the number of hours he worked on a contract at the National Security Agency (NSA).  Judge Hollander also ordered Leasure to pay restitution of $150,001.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Robert P. Storch, Inspector General of the National Security Agency; and Special Agent in Charge Robert E. Craig, Jr. of the Defense Criminal Investigative Service - Mid-Atlantic Field Office.

The National Security Agency (NSA) is a component of the United States Department of Defense.  Beginning in 2008, the NSA contracted with an outside company (Contractor A) to supply information technology (IT) services to the NSA, including onsite database administrators employed by Contractor A. 

According to his plea agreement, from February 2014 through February 2017, Leasure was employed on a full-time basis by Contractor A to work as a database administrator pursuant to the contract between NSA and Contractor A.  Leasure’s duty station was at a NSA facility located in Linthicum Heights, Maryland, and Leasure regularly traveled from Florida to Maryland to perform his responsibilities under the contract. 

Contractor A required Leasure to submit timesheets in electronic format providing date- and task-specific entries stating the number of hours he had worked on the contract.  Based on those entries, Contractor A periodically invoiced the NSA for the hours that Leasure worked, and NSA paid Contractor A for Leasure’s claimed hours at a rate of $247 to $280 per hour.

Leasure admitted that between February 3, 2014 and February 17, 2017, he submitted, and caused to be submitted, false timesheets to Contractor A in which he claimed to have worked at least 607 hours more than he actually worked on the NSA contract.  As a result, NSA overpaid Contractor A by an amount exceeding $150,000.

In a separate case, on December 6, 2019, U.S. District Judge Richard D. Bennett sentenced Kyle Duran Smego, age 41, of Raleigh, North Carolina, to serve eight months of home detention as a special condition of three years’ probation, and ordered Smego to pay restitution of $252,527.15.  Smego, who was a subcontractor at two companies where he was assigned to work on contracts at the NSA, previously pleaded guilty to submitting false claims to the government, inflating the number of hours he claimed to have worked on the two contacts by at least 40%.

Anyone with information about fraud at NSA may contact the NSA Office of the Inspector General at https://www.nsa.gov/about/contact-us/OIG-Hotline/.

United States Attorney Robert K. Hur commended the NSA OIG for their work in both investigations and the DOD OIG for its work in the Leasure investigation.  Mr. Hur thanked Assistant U.S. Attorneys Peter J. Martinez and Jefferson M. Gray, who prosecuted the Leasure and Smego cases, respectively.

# # #

Baltimore, Maryland – Two Baltimore men, Stewart Williams, age 35, and Kelvin McFadden, age 26, have pleaded guilty to a federal robbery charge in connection with a series of four robberies of video game stores committed over a 12-day period.  Williams and McFadden admitted that they brandished what appeared to be a firearm during each robbery.  Williams entered his plea on December 11, 2019, and McFadden entered his plea on October 1, 2019.

The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Commissioner Michael Harrison of the Baltimore Police Department; Chief Melissa R. Hyatt of the Baltimore County Police Department; and Chief Tim Altomare of the Anne Arundel County Police Department.

According to their plea agreements, between August 21, 2018 and September 1, 2018, Williams and McFadden robbed four video game stores, stealing electronic retail goods, such as video game systems, and cash.  In each robbery Williams and McFadden entered the store, brandished what appeared to be a gun while accosting the victim employees, stole money from cash registers and/or safes, and forced the victim employees in the store’s “backroom” which contained the more expensive electronic goods, including video game systems, which they also stole.  Each of the four robberies was captured on store security cameras.

Specifically, Williams and McFadden robbed: a store located in the 3600 block of Washington Boulevard in Halethorpe, Maryland, on August 21, 2018, stealing $874 in cash and three video game systems; a store located in the 6900 block of Security Boulevard in Baltimore City on August 25, 2018, stealing $2,839.58 in cash and three video game systems; a store locate in the 1000 block of Taylor Avenue in Towson, Maryland, on August 28, 2018, stealing $414 in cash and six video game systems; and a store located in the 6700 block of York Road in Baltimore, on September 1, 2018, stealing $968 in cash and 12 video game systems.

After the last robbery, responding police officers located McFadden’s car as he and Williams fled the scene of the robbery.  Police dispatched a helicopter that was able to locate McFadden’s car and follow it.  The officer in the helicopter saw Williams and McFadden stop the car near North Stricker Street in Baltimore, flee from the car, bang on the back door of an apartment, and enter the apartment.  Police secured the location and knocked on the apartment door.  The resident allowed the police to come inside, where police located Williams and McFadden.  Search warrants were obtained for the vehicle and for the apartment.  Law enforcement recovered numerous video game systems matching those that were stolen in the last robbery, hats that matched those worn by McFadden and Williams in several of the robberies as captured on the store security cameras, cash recovered inside a black trash bag, a black air pistol that matched the apparent handgun used during the four robberies, and wallets and cell phones belonging to Williams and McFadden.

Williams and McFadden each face a maximum sentence of 20 years in federal prison.  Chief U.S. District Judge James K. Bredar has scheduled sentencing for McFadden on January 6, 202 at 11:00 a.m., and for Williams on April 7, 2020 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 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 Robert K. Hur commended the ATF, the Baltimore City, the Baltimore County, and the Anne Arundel County Police Departments for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Daniel A. Loveland, Jr. and Clinton J. Fuchs, who are prosecuting the case.

# # #

In a Separate Case, Calvert County Defendant is Facing a Minimum Mandatory Sentence of 20 Years and Up to Life in Federal Prison as a Result of his Indictment for Allegedly Distributing Fentanyl Resulting in Death
 

Baltimore and Greenbelt, Maryland – Davon Nelson, age 34, of Baltimore, pleaded guilty today to federal charges of distribution of fentanyl and conspiracy to distribute fentanyl.  As part of his plea agreement, Nelson also admitted that he attempted to obstruct justice during the investigation of his case.  This case is part of a federal-state initiative announced last year to combat the fentanyl crisis in Maryland.

Under this initiative, titled the “Synthetic Opioid Surge,” or “SOS” for short, every arrest involving distribution of fentanyl made by law enforcement in Baltimore is reviewed jointly by the State’s Attorney’s Office for Baltimore City, the Drug Enforcement Administration, and the U.S. Attorney’s Office to determine whether the case will be handled in the state or federal system.  The U.S. Attorney’s Office is prosecuting more cases involving fentanyl as a result of this new program.  The use of federal resources and statutes, which carry significant terms of imprisonment, is necessary to prosecute those individuals who pose the greatest threat to public safety in distributing lethal doses of fentanyl.

In a separate case, a federal grand jury has indicted Robert Steven Wagner, age 28, of Lusby, Maryland, on the federal charge of distributing fentanyl, resulting in the user’s death.  The indictment was returned on December 4, 2019, and was unsealed late on December 12, 2019, at Wagner’s detention hearing.

The guilty plea of Nelson was announced by United States Attorney for the District of Maryland Robert K. Hur; State’s Attorney for Baltimore City Marilyn Mosby; Acting Assistant Special Agent in Charge Jennifer Sharpe of the Drug Enforcement Administration, Baltimore District Office; Commissioner Michael Harrison of the Baltimore Police Department,.

The indictment of Wagner was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police, for the Wagner case.

“Drug traffickers are on notice that dealing in fentanyl increases their odds of federal prosecution under the fentanyl SOS program,” said United States Attorney Robert K. Hur. “The cooperation of the U.S. Attorney’s Office, the Office of the State’s Attorney for Baltimore City, the DEA, and the Baltimore Police Department in reviewing every fentanyl case to determine those cases appropriate for federal prosecution is just one example of the efforts we are making to reduce the number of opioid overdose deaths in Maryland.”

According to Nelson’s plea agreement, on September 5, 2018, a Baltimore Police Department officer observed Nelson distribute a baggie containing 200 fentanyl gel capsules to his co-conspirator, Terrell Perry.  The BPD officer called in the arrest team and Perry was arrested.  A search of Perry recovered the baggie of 200 fentanyl gel caps.  At the time Perry was arrested, Nelson had left the block on foot.  Law enforcement obtained a search warrant for Nelson’s van and recovered an additional 200 gel caps of fentanyl powder.  The total amount of fentanyl recovered was at least 32 grams, but no more than 40 grams, which is enough fentanyl to kill at least 16,000 people.

Following his arrest, Nelson called his girlfriend from pre-trial detention facilities and directed her to move “the white stuff” from underneath his tub and to give it to an associate so that person could sell it.  Further, Nelson directed his girlfriend to lie to the police if they came to interview her about Nelson and directed his girlfriend to also have her mother lie to police, if she were interviewed. 

Nelson faces a maximum sentence of 20 years in federal prison for the conspiracy and for distribution of fentanyl.  U.S. District Judge Catherine C. Blake has scheduled sentencing for May 8, 2020, at 11:00 a.m.  Terrell Perry, age 35, of Baltimore, previously pleaded guilty and was sentenced to 30 months in prison.

According to Wagner’s indictment, on October 7, 2018, Wagner distributed fentanyl to a victim, who subsequently died as a result of using the fentanyl obtained from Wagner.  If convicted, Wagner faces a minimum mandatory sentenced of 20 years in federal prison and a maximum sentence of life in federal prison for distribution of fentanyl resulting in death.  At yesterday’s detention hearing in U.S. District Court in Greenbelt, U.S. Magistrate Judge Thomas M. DiGirolamo ordered that Wagner be released under special conditions.

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. 

United States Attorney Robert K. Hur commended the Office of the State’s Attorney for Baltimore City, the DEA, the Baltimore Police Department; HSI; and the Maryland State Police for their work in these investigations.  Mr. Hur thanked Assistant U.S. Attorneys Christopher M. Rigali, Leah Grossi, and Thomas M. Sullivan, who are prosecuting the Nelson and Wagner cases, respectively.

# # #

Baltimore, Maryland – A federal grand jury has returned a superseding indictment charging Xavier Lee, a/k/a “X,” age 40, of Elkton, Maryland, on federal charges of using a website to promote and conduct his prostitution business, sex trafficking of a minor, production of child pornography, and interstate transportation for prostitution.  The superseding indictment was returned on December 11, 2019, and added the charges for sex trafficking of a minor, production of child pornography, and interstate transportation for prosecution.

The superseding indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; Chief Matthew J. Donnelly of the Elkton Police Department; and Interim Cecil County State’s Attorney James Dellmyer.

According to the five-count superseding indictment, from 2013 through March 14, 2019, Lee operated an illicit prostitution business for financial gain, including operating a website to advertise and promote the business.  The indictment alleges that the website restricted its full content to viewers who logged-in as members and that Lee maintained control over the website’s membership.  Lee allegedly required prospective members to send Lee a picture of themselves that included in the picture their identification, such as a driver’s license.  Members were provided by Lee or at his direction a log in and password.  According to the indictment, website members could then view the “profiles” of the females whom Lee was prostituting, which included photographs, descriptions, and fictitious names.  The website also listed the cost of prostitution appointments, described services that were available, and allowed members to post comments.  The indictment alleges that Lee’s prostitution business was primarily operated at hotels in Elkton, Maryland, during weekdays, from Monday through Friday, with Lee typically driving a number of females whom he was prostituting to a local hotel in Elkton for prostitution appointments with paying customers.  Customers would contact Lee to schedule a prostitution appointment, often calling Lee on his cell phone.  To facilitate these prostitution appointments, Lee allegedly rented rooms at a local Elkton hotel. 

Further, the superseding indictment alleges that in April 2013 Lee trafficked a minor female for commercial sex acts, from which he financially benefitted.  According to the superseding indictment, in September 2013 and May 2014, Lee produced and appeared in two videos documenting the sexual abuse of another minor female victim, who was 15 and 16 years old at the time of the abuse.

If convicted, Lee faces a maximum sentence of five years in federal prison for using a website to promote and conduct his prostitution business; a mandatory minimum of 10 years and up to life in federal prison for sex trafficking of a minor; a mandatory minimum of 15 years and up to 30 years in federal prison for each of two counts of production of child pornography; and a maximum of 10 years in federal prison for interstate transportation for prostitution.  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.  No court appearance is currently scheduled for Lee.

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. 

United States Attorney Robert K. Hur commended the FBI, the Maryland State Police, the Elkton Police Department, and the Cecil County State’s Attorney’s Office for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Ayn B. Ducao and Daniel A. Loveland, Jr., who are prosecuting the case.

# # #

Baltimore, Maryland – A federal criminal complaint has been filed charging Michael Wedington, Jr., age 19, of Baltimore, Maryland, with conspiracy, taking a motor vehicle by threats or violence, and with possession of a firearm in furtherance of a crime of violence, in connection with two carjackings.  The criminal complaint was returned on November 6, 2019, and was unsealed at Wedington’s initial appearance in U.S. District Court in Baltimore today. At today’s initial appearance, Chief U.S. Magistrate Judge Beth P. Gesner ordered that Wedington be detained pending a detention hearing scheduled for December 18, 2019 at 2:00 p.m.

The federal charges were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.

“Armed criminals jeopardize lives and they must be held accountable,” said United States Attorney Robert K. Hur.   “Police and prosecutors are working to identify armed criminals who deserve to be charged in federal court where, if convicted, you could be sentenced to more years in federal prison than you’ve been alive.  And there is no parole—ever.  Please put down the gun and save a life, maybe even your own.”

According to the affidavit filed in support of the criminal complaint, Wedington allegedly participated in two carjackings that occurred on June 8 and June 10, 2019.  In each instance, the victim was picking up tools as part of a transaction set up through a cellular phone-based application, “OfferUp,” which connects local buyers and sellers of various products.  When the victims arrived at the designated meeting spot, they were then directed to a second location, where the victims were robbed and their vehicles taken.

As detailed in the affidavit, in the carjacking on June 8, 2019, the victim arrived in the area of Washington Boulevard and South Monroe Street in Baltimore and was then directed to the 2400 block of West Lexington Street.  Upon arriving, the victim was waived down and approached by three men.  At first the men appeared to load the victim’s Ford van with the purported tools they were purportedly selling.  However, one suspect was armed with a handgun and allegedly forced the victim into the rear of his vehicle, then all three suspects also entered the vehicle.  The suspects allegedly stole the victim’s wallet and cash, a driver’s license, debit card and his cellular phone.  As they drove away, the affidavit alleges that one suspect placed a handgun in the victim’s mouth and demanded the PIN number to the victim’s debit card.  The suspects drove to a gas station in Northwest Baltimore with the victim still in the van, and one of the suspects used the PIN number the victim had provided to obtain cash from an ATM.  The victim escaped from the van in the area of the 7000 block of Park Heights Avenue and called the Baltimore Police Department to report the incident.  The stolen vehicle was recovered five days later in that area of the 2700 block of Tivoly Avenue in Baltimore.

According to the affidavit, in the second carjacking on June 10, 2019, the victim was lured to the 2400 block of West Lexington Street through the OfferUp application by a user who was purportedly selling tools and equipment at this location.  When the victim arrived, he was directed to the back alley behind West Fayette Street, where two suspects approached him—both armed with handguns.  The two men allegedly took the victim’s wallet, containing over $1,000 in cash, the victim’s two cell phones, and the victim’s Toyota Sienna.

The affidavit alleges that both victims identified Wedington in a photo array, and Wedington’s fingerprint was recovered from the van stolen in the second carjacking, when it was located in Southwest Baltimore.  On November 1, 2019, federal search warrant was executed at Wedington’s primary residence, which is located between the scenes of the two carjackings, and law enforcement recovered a Toyota car key, firearms, replica pellet guns, clothing, and cellular phones.

If convicted, Wedington faces a maximum sentence of five years in federal prison for conspiracy to take a motor vehicle by threats or violence; a maximum of 15 years in federal prison for taking a motor vehicle by threats or violence; and a mandatory minimum of seven years in federal prison, consecutive to any other sentence, and up to life in federal prison for each of two counts of possession of a firearm in furtherance of a crime of violence.  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. 

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

United States Attorney Robert K. Hur commended the FBI and the Baltimore Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorney Matthew DellaBetta, who is prosecuting the case.

# # #

 

Greenbelt, Maryland – Levy Steven Moore, age 49, of Pollocksville, North Carolina, pleaded guilty today in U.S. District Court in Maryland to the federal charge of murder resulting from using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence.  

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Chief Henry P. Stawinski III of the Prince George’s County Police Department; and Prince George’s County Sheriff Melvin C. High.

According to his plea agreement, on October 25, 2002, Moore and at least one accomplice planned to rob the victim-employee of the cash belonging to a business where the victim worked.  As part of his duties, the victim-employee deposited the business’ cash proceeds and obtained money to be used in the operation of the business at a bank in Capitol Heights, Maryland. 

As detailed in his plea agreement, Moore and his accomplice drove to the business and waited outside for the victim-employee to leave with the cash deposit.  Moore was armed with a firearm and his accomplice was driving their vehicle as they followed the victim-employee from the business in Upper Marlboro, Maryland to the bank in Capitol Heights.  The victim-employee made the deposit and was returning to his car with a money bag containing $2,200, which represented the business’ daily operating funds, when he was confronted by Moore.  Moore attempted to take the money bag from the victim and shot the victim, who collapsed to the ground.  The victim sustained a gunshot wound to the left side of the base of the neck, which caused his death.  Moore admitted that he took the money bag, then got into the getaway vehicle driven by his accomplice.  According to the plea agreement, while fleeing the scene the robbers struck the victim’s vehicle, ran over the victim, and left the dying victim lying in the bank parking lot.

Moore faces a maximum sentence of life in prison.  U.S. District Judge Paul W. Grimm has scheduled sentencing for June 29, 2020, at 9:30 a.m.  Moore remains detained. 

United States Attorney Robert K. Hur commended the FBI, the Prince George’s County Police Department, and the Prince George’s County Sheriff’s Office for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys William D. Moomau and Gregory D. Bernstein, who are prosecuting the case.

# # #

 

Greenbelt, Maryland – U.S. District Judge Peter J. Messitte today sentenced Rebecca Jelfo, age 47, of Silver Spring, Maryland, to 41 months in federal prison, followed by three years of supervised release, for a federal wire fraud charge in related to a scheme Jelfo executed to defraud two employers of a total of at least $855,000 by submitting fraudulent and inflated invoices.  Judge Messitte also ordered Jelfo to forfeit any proceeds or property obtained as a result of the scheme, and to pay restitution in the full amount of the loss, which is $855,587.25.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

 According to her plea agreement, from approximately 2008 until December 2015, Jelfo was Head of Marketing and Communications for the Americas for Company A, a global airline.  Between January 4, 2016 and January 31, 2018, Jelfo was a Senior Director of Luxury Brand Marketing – Partnerships and Promotions for Company B, a global hospitality company.  As part of Jelfo’s duties at both companies, she contracted with marketing vendors and was responsible for approving certain marketing invoices.

Jelfo admitted that beginning while she was employed at Company A and continuing throughout her employment with Company B, Jelfo participated in an over-invoicing scheme designed to defraud her employers.  Specifically, Jelfo submitted or caused to be submitted, false and inflated invoices purported to be for various marketing services or products provided to her employer.  Jelfo knew that the invoices did not accurately reflect the products or services provided by the vendors, but nevertheless took steps to make sure that Company A and Company B paid the false invoices.  After the companies paid the invoices, Jelfo instructed the vendors to remit payments to cover her personal debts.

As detailed in her plea agreement, Jelfo instructed three separate vendors to remit payments to cover her personal expenses.  Specifically, from as early as May 21, 2015 through August 24, 2016, Vendor A remitted payments for Jelfo’s personal expenses totaling $263,697, including a $13,000 payment to Jelfo’s Neiman Marcus credit card account and a $28,000 payment to Jelfo’s Saks Fifth Avenue credit card account.  Vendor A also purchased $15,000 in American Express gift cards, some of which Jelfo used to make purchases at a high-end furniture store in Washington, D.C. 

Similarly, while employed by Company B, Jelfo submitted false invoices purporting to come from Vendor B.  After Company B paid the invoices to Vendor B, Vendor B remitted payments to Jelfo’s personal credit card accounts. For example, on November 14, 2017, Vendor B sent $106,302 to Jelfo’s American Express account, which was received from Company B as part of two fraudulently inflated invoices.  On at least one occasion, Jelfo instructed Vendor C to submit an inflated invoice to Company B and provided Vendor C with fraudulent documentation that appeared to justify the inflated invoice.  Based on Jelfo’s request, Vendor C sent an invoice to Company B requesting a payment of $74,880.  After receiving the payment from Company B, Vendor C made a $64,851.24 payment to Jelfo’s personal credit card account, as instructed by Jelfo.

Jelfo admitted that between May 21, 2016 and January 31, 2018, she stole at least $855,587.25 from Company A and Company B as a result of this scheme. 

United States Attorney Robert K. Hur commended the FBI for its work in the investigation and thanked investigators from the victim companies for their assistance.  Mr. Hur thanked Assistant U.S. Attorneys Erin B. Pulice and Gregory D. Bernstein, who prosecuted the case.

# # #

 

Baltimore, Maryland –Anthony Eugene Wiggins, age 40, of Baltimore, Maryland, pleaded guilty yesterday in federal court to a string of robberies, including five bank robberies and five armed robberies at liquor stores, committed between September 24, 2018 and November 15, 2018, as well as an attempted robbery on November 15, 2018.  Wiggins was on federal supervised release at the time of the robberies, having previously been convicted for being a felon in possession of firearm.  During each of the liquor and convenience store robberies, Wiggins brandished a firearm and, in two instances, discharged the firearm during the robberies.  In nearly all of the robberies, Wiggins threatened victim employees with physical violence and, during one robbery, fought with and assaulted a store customer and a victim employee.

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Michael Harrison of the Baltimore Police Department; Chief Melissa R. Hyatt of the Baltimore County Police Department; and Chief Charles Moore of the Bel Air Police Department.

According to his plea agreement, between September 24 and October 18, 2018, Wiggins committed robberies at five separate Maryland banks, including two banks in Baltimore, and one each in White Marsh, Bel Air, and Arbutus.

As detailed in his plea agreement, between November 2 and November 15, 2018, Wiggins committed five armed robberies at four liquor stores in Dundalk, Middle River, and Baltimore, Maryland.  Wiggins admitted that he discharged a firearm in two of those robberies, specifically, a robbery in Dundalk on November 2, 2018 and a robbery in Baltimore on November 13, 2018, and brandished a firearm in the other three robberies.  Wiggins also attempted to rob a fifth liquor store, located in Dundalk, on November 15, 2018.

Wiggins and the government have agreed that, if the Court accepts the plea agreement, Wiggins will be sentenced to between 10 years and 19 years in federal prison for the robberies and gun charge, and up to two years in federal prison for violating his federal supervised release.  U.S. District Judge George L. Russell has scheduled sentencing for March 27, 2020 at 2:00 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 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 Robert K. Hur commended the FBI, the Baltimore Police Department, the Baltimore County Police Department, and the Bel Air Police Department for their work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Paul A. Riley and Mary W. Setzer, who are prosecuting the case.

# # #

 

Baltimore, Maryland – A federal grand jury has returned an indictment charging Melissa Heyer, age 44, of Gaithersburg, Maryland, with submitting false claims to the United States, specifically for claiming to have worked hours on a government contract when she allegedly was not at work. 

The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Teresa A. Moses, Assistant Inspector General for Investigations, Defense Intelligence Agency (DIA)- Office of Inspector General (OIG); and Special Agent in Charge Robert E. Craig, Jr., of the Defense Criminal Investigative Service - Mid-Atlantic Field Office.

Company A was a subcontractor for Company B, providing employees that performed national security duties for the Department of Defense (DOD).  From January 2017 until March 2019, Heyer worked for Company A, but was assigned on a day-to-day basis to work for the DOD on national security matters at the National Security Agency (NSA), in Fort Meade, Maryland. 

According to the five-count indictment, from January 2017 through March 2019, Heyer held a Top Secret-Sensitive Compartmented Information (TS/SCI) security clearance and performed her duties for Company A and the DOD at a sensitive compartmented information facility (SCIF) at the NSA facility where she worked.  She used a badge reader to gain access to the SCIF.  The indictment alleges that on at least five occasions between January 2017 and March 2019, Heyer falsely represented to her employer that she had been working at the NSA SCIF when she was actually elsewhere.  Heyer allegedly caused false claims to be submitted to the DOD that resulted in the government paying more than $100,000 to Company A, Company B, and Heyer, to which they and Heyer were not entitled.

If convicted, Heyer faces a maximum sentence of five years in prison for each of the five counts of making a false claim.  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.  At today’s initial appearance in U.S. District Court in Baltimore, Chief U.S. Magistrate Judge Beth P. Gesner ordered that Heyer be detained pending a detention hearing scheduled for Wednesday, December 11, 2019.

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.     

United States Attorney Robert K. Hur commended the DIA OIG and DCIS for their work on the investigation and thanked the U.S. CYBERCOM Office of Inspector General for its assistance.  Mr. Hur thanked Assistant U.S. Attorney Harry M. Gruber, who is prosecuting the case.

# # #

Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Marlon Cruz-Flores, age 24, of Annapolis, Maryland, today to 38 years in federal prison, followed by five years of supervised release, for conspiracy to participate in a racketeering enterprise and for using, carrying, and discharging a firearm during a crime of violence, in connection with his MS-13 gang activities. 

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Office; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Chief Timothy J. Altomare of the Anne Arundel Police Department; Chief Edward Jackson of the Annapolis Police Department; and State’s Attorney Anne Colt Leitess of the Anne Arundel County State’s Attorney Office.

“MS-13 is terrorizing and preying upon entire communities,” said U.S. Attorney Robert K. Hur.  “We need the community’s help to end the fear and violence.  Please, if you have information about MS-13, call the FBI’s nationwide tipline at 1-866-STP-MS13 (1-866-787-6713).  Your identity will be protected.”

MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Anne Arundel County, Montgomery County, Prince George’s County, and Frederick County, and throughout the United States.  Branches or “cliques” of MS-13 often work together cooperatively as “Programs,” with the purpose of increasing the gang’s levels of organization, violence, extortion, and other criminal activity, and to assist one another in avoiding detection by law enforcement.  In Maryland and the surrounding area, these cliques include Hempstead Locos Salvatruchas (“HLS”), Parkview Locos Salvatrucha (“PVLS”), Normandie Locos Salvatrucha (“NLS” or “Normandie”), Sailors Locos Salvatrucha Westside (“SLSW” or “Sailors”), Langley Park Salvatrucha (“LPS”), Weedoms Locos Salvatrucha (“Weedoms”), and Cabanas Locos Salvatruchas (“Cabanas”).  A person within the participating cliques is selected as the Program leader.

To protect the gang and to enhance its reputation, MS-13 members and associates are expected to use any means necessary to force respect from those who show disrespect, including acts of intimidation and violence.  MS-13’s creed is based on one of its mottos, “Mata, roba, viola, controla,” which translates to, “kill, steal, rape, control.”  One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.

According to Cruz-Flores plea agreement, from about 2015 through 2017, he was a member and associate of the Hempstead clique of MS-13, and participated in a racketeering conspiracy that included assaults, murder, attempted murder, robbery, and drug trafficking.  Specifically, Cruz-Flores admitted that he participated in the murder of a suspected rival gang member, and conspired and attempted to murder two victims in Annapolis.  In addition, between January 2016 and February 2017, Cruz-Flores and other MS-13 members/associates sold marijuana to raise funds for the gang. The drug proceeds were used for, among other purposes, the purchase of more narcotics, weapons, and to send to MS-13 members and associates in other states and in El Salvador.

As part of the racketeering conspiracy, Cruz-Flores admitted that on March 11, 2016, he and other MS-13 members and associates planned and agreed to murder Victim-1, whom the gang suspected of being a rival gang member.  Two MS-13 members/associates lured Victim-1 to Quiet Waters Park in Annapolis, Maryland, and once Victim-1 arrived at the park, members of the gang struck Victim-1 in the head with a branch or stick.  Cruz-Flores and the members and associates of MS-13, then stabbed Victim-1 repeatedly, killing Victim-1.  While Cruz-Flores and other members of the gang stabbed Victim-1, Co-conspirator 1 and other MS-13 members/associates stood watch outside of the park to ensure no one entered or left the park, and to watch for police presence, so that the gang could complete the murder of Victim-1.  During this time, Co-conspirator 1 communicated by phone and through text messages with Cruz-Flores and at least one other MS-13 member/associate inside the park, to let them know no one entered the park and they could complete the murder.  After Victim-1 was killed, Cruz-Flores and other MS-13 members and associates involved in the murder buried Victim-1 in a shallow grave inside the park. 

As detailed in his plea agreement, on October 23, 2016, Cruz-Flores and other MS-13 members met at Quiet Waters Park to discuss the plan to murder Victim 2, an unlicensed cab driver who was believed to be a member of a rival gang.  At the meeting, each member of the conspiracy was assigned a task to complete the murder and dispose of the evidence.  The group planned to use machetes, knives, and guns to kill the victim.  Cruz-Flores and another co-conspirator each had a firearm and all the members of the conspiracy were aware that guns would be used in the murder. 

Cruz-Flores admitted that he called Victim 2 using another member’s cell phone to arrange for an unlicensed taxi ride.  Victim 2 arrived with another passenger, Victim 3.  Cruz-Flores asked Victim 2 to drive to the area of the 700 block of Annapolis Neck Road in Annapolis.  When they arrived, another MS-13 member approached the vehicle and pointed a gun at the victims and Cruz-Flores also produced a gun and pointed it at the victims.  Victim 3 attempted to run away and Cruz-Flores shot Victim 3 in the leg, while another MS-13 member repeatedly attacked Victim 3 with a machete. Victim 2 also tried to run.  Co-defendant Manuel Martinez-Aguilar and another MS-13 member took Victim 2’s vehicle and attempted unsuccessfully to run him over with the car.  Two MS-13 members chased Victim 2 and repeatedly struck Victim 2 with a sharp instrument, causing stab wounds.  The conspirators fled when they heard police sirens.  Both victims were transported to the University of Maryland Shock Trauma Center with life threatening injuries.  Both victims survived but have permanent injuries as a result of the attack.

Co-defendants Manuel Martinez-Aguilar, a/k/a “El Lunatic” and “Zomb,” age 20, and Fermin Gomez-Jimenez, age 22, both of Annapolis, Maryland, previously pleaded guilty to the racketeering conspiracy and gun charge.  Martinez-Aguilar was subsequently sentenced to 24 years in federal prison.  Co-defendant David Diaz-Alvarado, age 20, also of Annapolis, pleaded guilty to murder in aid of racketeering in connection with their MS-13 gang activities.  A fourth co-defendant, Juan Carlos Sandoval-Rodriguez, age 21, of Annapolis was convicted on October 31, 2019, of murder in aid of racketeering and conspiracy to commit murder in aid of racketeering after an 11-day jury trial.  The final defendant is scheduled to go to trial next year.  All of the defendants remain detained.

United States Attorney Robert K. Hur commended HSI, ATF, Anne Arundel Police Department, the Annapolis Police Department, and Anne Arundel State’s Attorney Office. Mr. Hur thanked Assistant U.S. Attorney Zachary Stendig, Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section, as well as Special Assistant U.S. Attorney Samantha Mildenberg, who are prosecuting this Organized Crime Drug Enforcement Task Force case.

# # #

 

Baltimore, Maryland – United States Attorney for the District of Maryland Robert K. Hur announced today that the U.S. Department of Justice, Office of Justice Programs has awarded more than $376 million in grant funding to enhance state, local and tribal law enforcement operations and reinforce public safety efforts in jurisdictions across the United States. More than $5 million will support public safety activities in Maryland.

“DOJ is able to partner with state and local law enforcement and communities that are working to improve public safety by providing grant funding and resources,” said United States Attorney Robert K. Hur. “These much needed grant funds will assist in our fight to reduce violent crime in Maryland, and will help fund programs to enhance crime prevention efforts in our local communities”

“Crime and violence hold families, friends and neighborhoods hostage, and they rip communities apart,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These programs help restore the health and safety of crime-ravaged communities by supporting prevention activities, aiding in the apprehension and prosecution of perpetrators, facilitating appropriate sentencing and adjudication, and providing communities and their residents the means for recovery and healing.”

The awards support an array of crime-fighting initiatives, including the quarter-billion dollar Edward Byrne Justice Assistance Grants Program, which funds public safety efforts in 929 state, local and tribal jurisdictions. Funding also supports sex offender registration and notification, law enforcement-based victim services, the testing of sexual assault kits, and programs designed to address youth with sexual behavioral problems. Other awards will focus on wrongful convictions, intellectual property enforcement, innovative prosecution strategies and the safety and effectiveness of corrections systems.

The following awards were made to organizations in the District of Maryland.

FY2019 Byrne JAG Program

Anne Arundel County, Maryland

2019-DJ-BX-0838

$154,218

     

Hagerstown Police Department Anti-Chronic & Violent Crime Initiative

City of Hagerstown

2019-DJ-BX-0449

$18,769

     

FY 2019 Edward Byrne Memorial Justice Assistance Grant Program

Board of Commissioners of Washington County, Maryland

2019-DJ-BX-0297

$17,075

     

Law Enforcement Emergency Teleconference system and E-ticketing equipment

Cecil County Sheriffs Office

2019-DJ-BX-0512

$14,233

     

Enhancing Law Enforcement Services

City of Cambridge

2019-DJ-BX-0346

$11,835

     

Salisbury Police – Night Vision Monocular Units

Salisbury Police Department

2019-DJ-BX-0590

$24,347

     

FY2019 JAG - Baltimore County, Maryland

Baltimore, County of

2019-DJ-BX-0837

$321,731

     

Community Mobile Outreach Trailer

City of Annapolis

2019-DJ-BX-0920

$17,205

     

FY 2019 JAG Program

Howard County Maryland

2019-DJ-BX-0841

$57,349

     

FY 2019 JAG Program

Prince Georges County Government

2019-DJ-BX-0839

$199,889

     

JAG FY19 Less Lethal Project

City of Cumberland

2019-DJ-BX-0159

$12,278

     

2019 Frederick Technology and Equipment Grant

City of Frederick

2019-DJ-BX-0836

$43,220

     

Harford County Sheriff’s Office Emergency Equipment

Harford County Maryland

2019-DJ-BX-0843

$30,239

     

Baltimore City, Maryland JAG Round 15

City of Baltimore

2019-DJ-BX-0842

$859,773

     

FY 19 Local JAG

St. Marys County Government

2019-DJ-BX-0241

$16,762

     

Charles County's Officer Safety and Drug Court Support Program

Charles County Government

2019-DJ-BX-0840

$40,796

                                                         

Edward Byrne Justice Memorial Assistance Grant

State of Maryland

2019-MU-BX-0019

$3,432,027

Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

###

 

Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Ming Zhang, age 32, of Alexandria, Virginia, yesterday to 18 months in federal prison, followed by three years of supervised release, for conspiracy to transport stolen funds, in connection with a scheme to defraud Maryland casinos by cheating at the game of baccarat.  The total loss caused by Zhang and his co-conspirators was $1,046,560.  Judge Grimm also entered an order requiring Zhang to pay restitution in the total amount of the loss. 

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.  

According to Zhang’s plea agreement, Zhang worked as a dealer at Casino 1 in Maryland.  Zhang’s role in the conspiracy was to alert co-conspirator A as to when Zhang was scheduled to deal baccarat at the casino.  Baccarat is a card game in which players compare the value of two hands of cards—a “player” and a “dealer” hand.  Each card has a point value, and before any cards are dealt, bettors place bets on which hand will be closest to nine.  The dealer then distributes the cards between the player and dealer hands according to fixed rules. If a bettor knows the order in which cards appear in the deck, they can predict the outcome of any given baccarat hand with near-perfect accuracy and place their bets accordingly.

Specifically, Zhang admitted that he notified co-conspirator A that he would be dealing baccarat at Casino 1 on September 27, 2017.  Once co-conspirator A arrived at the baccarat table at which Zhang was dealing, Zhang exposed a portion of the baccarat deck to co-conspirator A and allowed the co-conspirator to take a picture of the deck, then placed that portion unshuffled into the “shoe,” which is a plastic box that keeps the cards in order until they are dealt.  Co-Conspirator A and other players placed large bets when the unshuffled portion of the deck came into play. 

On September 28, 2017, Zhang lied to investigators at Casino 1 about his knowledge of and participation in the cheating scheme.

Zhang admitted that between July and September 2017, he was present with co-conspirator A and other co-conspirators when they executed the scheme at Casino 2, which was also in Maryland.  In August 2017, Zhang met with co-conspirator A at a hotel near Casino 2 and learned how to execute the scheme.  Co-conspirator A agreed that Zhang would receive a percentage of the winnings for participating in the scheme and Zhang did benefit financially from executing the scheme.                  

United States Attorney Robert K. Hur praised the FBI for its work in the investigation.  Mr. Hur thanked Assistant U.S. Attorneys Molissa H. Farber and Erin B. Pulice, who prosecuted the case.

# # #

 

Baltimore, Maryland – Noman Thanwy, M.D., an internist in Cambridge, Maryland, associated with the medical practice known as M.S. Shariff, M.D., P.A., has paid the United States $176,686.00 to settle allegations that he submitted false claims to the United States for medically unnecessary autonomic nervous function tests and vestibular function tests. 

The settlement agreement was announced today by United States Attorney for the District of Maryland Robert K. Hur and Maureen Dixon, Special Agent in Charge of the Office of Inspector General for the Department of Health and Human Services.

In his practice, Dr. Thanwy administered peripheral autonomic nervous function tests and vestibular function tests.  Autonomic nervous function disorders are relatively uncommon disorders and tests conducted to determine such disorders should be done only after a clinician suspects an autonomic nervous function disorder.  Furthermore, such tests should be conducted only one time per beneficiary, with the necessary equipment, and only by clinicians with specialized training to administer and interpret these tests.  Vestibular function tests are tests of function intended to determine whether there is something wrong with the vestibular portion of the inner ear.  

According to the settlement agreement, from October 1, 2015 to May 30, 2019, Dr. Thanwy submitted claims to Medicare for medically unnecessary autonomic nervous function tests.  The United States alleged that autonomic nervous function tests were not medically necessary because Dr. Thanwy lacked the necessary equipment or specific training to conduct the tests, the patients did not have an autonomic nervous function disorder before the test was conducted, and Dr. Thanwy only used the tests to monitor patient symptoms, not make any clinical decisions about future patient care.  Further, the United States alleged that the vestibular function tests were not medically necessary, because an evaluation of a patient’s symptoms was not done prior to ordering the tests, nor were the test results used for clinical decision making.

The claims resolved by this settlement are allegations.  The settlement is not an admission of liability by Dr. Thanwy, nor a concession by the United States that its claims are not well founded.    

The civil settlement reached by the U.S. Attorney’s Office for the District of Maryland arose from an initiative inside the U.S. Attorney’s Office, which involves the use dedicated resources and personnel to review Medicare billing data.  The review of that data has enabled the United States Attorney’s Office to identify areas of concern where it appears that billing irregularities may have taken place.  Partnering with the effected agencies, the United States Attorney’s Office has developed the ability to investigate these billing irregularities to determine whether the matter is appropriate for treatment under the False Claims Act. 

United States Attorney Robert K. Hur commended the Office of Inspector General for the Department of Health and Human Services for its work in the investigation.  Mr. Hur also thanked Assistant United States Attorneys Thomas Corcoran and Neil White, who handled the case.

# # #

 

Baltimore and Greenbelt, Maryland - U.S. District Judge Ellen L. Hollander sentenced Mark Steven Bartles, age 55, of Hagerstown, Maryland, to 10 years in federal prison, followed by lifetime supervised release, for possession of child pornography.  Judge Hollander also sentenced Bartles to 10 months in prison for violating his supervised release for a previous federal conviction for receipt and possession of child pornography, concurrent to his 10 year sentence.  In addition, Judge Hollander ordered Bartles to pay $5,000 restitution to one of the children depicted in the images.

In a separate case, U.S. District Judge George J. Hazel ordered Kevin Patrick Wilson, age 58, of Bowie, Maryland, to serve 20 months in federal prison, followed by lifetime supervised release, for failure to register as a sex offender.

Both sentences were imposed on December 2, 2019.

Judges Hollander and Hazel also ordered that, upon their release from prison, defendants Bartles and Wilson must continue to register as sex offenders in the places where they reside, where they are employees, and where they are students, under the Sex Offender Registration and Notification Act (SORNA). 

The sentences were announced by United States Attorney for the District of Maryland Robert K. Hur;  Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office U.S. Marshal Johnny Hughes; and Washington County Sheriff Douglas W. Mullendore.

According to Bartles’s guilty plea, in 2007 he was convicted federally for receipt and possession of child pornography, and in 2015 Bartles was convicted in Washington County, Maryland for possession of child pornography.  As a condition of his state probation, Bartles was prohibited from accessing the internet or possessing internet-capable devices.  In September 2018, state probation agents received information from a family member that Bartles possessed an internet capable smart phone in a green case, which he used on a regular basis to access free wireless internet to view and download child pornography.  The probation agents then went to the motel room where Bartles resided and asked for his phone.  Bartles provided a ZTE phone that was lying on the bed.  The agents then asked Bartles for the phone in the green case, which Bartles retrieved from the nightstand.  The phone was forensically examined by the FBI and determined to contain over 40 images of child pornography, including images documenting the sexual abuse of prepubescent minors by adult men.  FBI special agents also located evidence that the phone had accessed WiFi networks at the motel and a local convenience store.

According to Wilson’s guilty plea, he was convicted in March 2000, and again in August 2008, in Magnolia County West Virginia of two counts of first degree sexual abuse.  On October 13, 2004, when Wilson was released from prison after his first conviction, and again on August 17, 2017, after his release from prison on his second conviction, Wilson completed the sex offender registration and verification form with the West Virginia State Police, as required under West Virginia state law.  On August 17, 2017, Wilson advised that he was moving out of state to an address in Annapolis, Maryland. 

In late 2017 or early 2018, the U.S. Marshals Service (USMS) received information that Wilson was living unregistered in West Virginia.  A USMS inspector went to the address of the homeless shelter in Annapolis where Wilson had represented he would be living following his release from prison, but officials there had no record of contact with him and Wilson had never registered as a sex offender in Maryland.  On February 5, 2018, Wilson was arrested in West Virginia for failing to register as a sex offender.  Wilson subsequently provided law enforcement with addresses in Bowie and in Crofton, Maryland, but investigators found that Wilson had never lived at either address.  In February 2019, USMS investigators discovered that Wilson had not registered as a sex offender in any jurisdiction.  U.S. Marshals subsequently located and arrested Wilson at an address in Bowie on April 25, 2019.  The investigation revealed that Wilson had lived in Maryland since October 16, 2018, but had failed to register as a sex offender.

These cases were 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 Robert K. Hur commended the FBI and Washington County Sheriff’s Office for their work in the Bartles investigation, and the U.S. Marshals Service for its work in the Wilson investigation.  Mr. Hur thanked Special Assistant U.S. Attorney Michael Davio, who prosecuted the Bartles case, and Assistant U.S. Attorney Dana J. Brusca, who prosecuted the Wilson case.

# # #

 

Greenbelt, Maryland – Maryland is the first District to announce the new nationwide FBI tipline, 1-866-STP-MS13 (1-866-787-6713), to gather information about the criminal activities of the MS-13 gang.  To help publicize the tipline and encourage people who may have information about the gang to call, a Spanish-language public service announcement was also debuted today. 

The tipline was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Office; Chief Edward G. Hargis of the Frederick Police Department; Chief Edward Jackson of the Annapolis Police Department; Chief Timothy J. Altomare of the Anne Arundel County Police Department; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Chief Marcus Jones of the Montgomery County Police Department; and Chief Amal Awad of the City of Hyattsville Police Department.

“This new tipline adds to our tool box in the fight against MS-13,” said U.S. Attorney Robert K. Hur.  “MS-13 is terrorizing and preying upon entire communities.  We want to help end the fear and violence, but we need the community’s help to fight back.  Please, if you have information, call 1-866-STP-MS13 (1-866-787-6713).  Federal, state, and local law enforcement are working together to find and bring to justice MS-13 members who commit heinous crimes—and your information will help us to do that.  Your identity will be protected.”

“MS-13 uses violence to strike fear in our communities and they count on that fear resulting in silence,” said FBI Baltimore Special Agent in Charge Jennifer Boone. “We must not allow fear and silence to be weapons MS-13 is allowed to use.  Please call the FBI at 1-866-STP-MS13 (1-866-787-6713). Use your voice to tell them, no more.”

The FBI tipline allows individuals to provide information about MS-13 activities to a central location and the FBI will then disseminate the information to the appropriate law enforcement authorities for investigation.  The Spanish-language public service announcement (PSA) features a mother who was extorted by MS-13 and whose child was murdered by the gang.  In the PSA the victim encourages others to call the FBI so the FBI can help them.  The PSA is available for download at: https://www.youtube.com/watch?v=YtCqeAA_LlY and has captions enabled for both English and Spanish.  In addition, the video will be live in the videos section on the FBI’s website.

MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador.  Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland. MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang, as well as against rival gang members.  To protect the gang and to enhance its reputation, MS-13 members and associates are expected to use any means necessary to force respect from those who show disrespect, including acts of intimidation and violence.  MS-13 has mottos consistent with its rules, beliefs, expectations and reputation including “mata, viola, controla,” which translates as, “kill, rape, control,” and “ver, oir y callar,” which means, “see nothing, hear nothing and say nothing.”

# # #

Baltimore, Maryland – MS-13 gang member Carlos Alas Brizuela, a/k/a “Truco” and “Stewie,” age 29, pleaded guilty today to a federal racketeering charge related to his participation in a violent racketeering conspiracy, specifically MS-13, including two murders, two attempted murders, and a kidnapping.

The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore Office; Chief Edward G. Hargis of the Frederick Police Department; Frederick County State’s Attorney J. Charles Smith, III; Chief Timothy J. Altomare of the Anne Arundel County Police Department; Anne Arundel County State’s Attorney Anne Colt Leitess; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Prince George’s County State’s Attorney Aisha Braveboy; Chief Marcus Jones of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.

“MS-13 is ravaging communities throughout Maryland with senseless acts of violence,” said U.S. Attorney Robert K. Hur.  “This defendant participated in a horrifying series of violent crimes and now faces about 30 years in federal prison.  Working with our state and local partners, and using the tools of our Organized Crime Drug Enforcement Task Forces, we will prosecute gang members who prey on our neighbors.  We will not rest until we dismantle this organization to make Maryland safer.”

“Taking violent offenders off the street should send a message to MS-13 members and their associates that violence and senseless murder will not be tolerated in Maryland,” said FBI Baltimore Special Agent in Charge Jennifer Boone. “The FBI and our local, state and federal partners will continue to aggressively pursue MS-13 gang members wherever they surface and we are steadfast in making our communities a safe place for our citizens.”

“The violence and fear MS-13 inflicts upon the community is unacceptable,” said John Eisert, special agent in charge for HSI Baltimore. “HSI will continue to work towards safer streets through collaboration with our law enforcement partners to combat and dismantle criminal gangs like MS-13.”

MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador.  Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland.  Brizuela was a member and associate of the Fulton Locotes Salvatrucha clique of MS-13.

At all times of this conspiracy, members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons.  To protect the gang and to enhance its reputation, MS-13 members were expected to use any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence.  MS-13 had mottos consistent with its rules, beliefs, expectations and reputation including “mata, viola, controla,” which translates as, “kill, rape, control,” and “ver, oir y callar,” which means, “see nothing, hear nothing and say nothing.”

MS-13 members are required to commit acts of violence both to maintain membership and discipline within the gang, as well as against rival gang members.  Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increase the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to a promotion to a leadership position.  One of the principal rules of MS-13 is that its members must attack and kill rivals often referred to as “chavalas,” whenever possible. 

According to Brizuela’s plea agreement, beginning in 2015 Brizuela conspired with other MS-13 members and associates to engage in racketeering activity including murders, conspiracies to commit murder, attempted murders, extortion, robbery, and drug trafficking, in order to further the interests of the gang.

Specifically, on April 7, 2015, MS-13 members and associates murdered Victim 1, whom they believed to be a rival gang member, with Brizuela’s knowledge and permission.  MS-13 members identified Victim 1 at a restaurant in Frederick, Maryland, then called Brizuela to inform him that they had a potential victim.  Brizuela contacted other gang leaders to get approval to kill Victim 1 and arranged for another gang member to participate in the murder of Victim 1.  MS-13 members lured Victim 1 to a wooded area in Frederick, where they disabled Victim 1 by hitting him in the head with a rock, then struck him repeatedly with a machete and a knife until he was dead.  During the course of the attack, they contacted Brizuela on the phone to confirm that they should complete the murder of Victim 1 and Brizuela confirmed that they should kill Victim 1.  The next day, MS-13 members buried Victim 1 in the woods near the site of the murder, where his body was ultimately recovered.  

Brizuela admitted that on May 10, 2015, he and other MS-13 members kidnapped Victim 2, who had stopped making his required extortion payments to the gang.  Brizuela and the other MS-13 members forced Victim 2 into a car at gunpoint and took him to a wooded area.  Although the plan was to kill Victim 2, Brizuela and other gang members got approval from gang leadership to let Victim 2 live, after he agreed to pay the gang immediately.

In August 2015, MS-13 members and associates sought—and received—the approval of Brizuela to murder Victim 3, whom they believed to be a rival gang member.  On August 28, 2015, after previously conducting surveillance of the residence where Victim 3 lived with his girlfriend, Victim 4, the MS-13 members and associates entered the apartment and waited there for the victims to return.  After the victims returned to the apartment, three gang members attacked Victim 3 and Victim 4 with machetes and knives.  Although both victims survived, the attack on Victim 3 left him with both hands nearly severed, and severe wounds to his face and torso.  He still has no use of one hand and limited use of the other.  Following the attempted murder, gang members contacted Brizuela and others to report that Victim 3 had been killed.  

Finally, Brizuela admitted that on August 31, 2015, he and other MS-13 members and associates murdered Victim 5, whom they believed to be a rival gang member.  On that day, Brizuela and other MS-13 gang members were drinking in Wheaton and went to Dunkin Donuts where they saw Victim 5, who was wearing Nike Cortez sneakers.  According to MS-13 rules, Nike Cortez sneakers were only to be worn by gang members.  Brizuela said that he had previously warned Victim 5 about wearing those sneakers.  Victim 5 spit on one of the MS-13 gang members as they walked by, who then punched him in the mouth.  Victim 5 threw a beer on Brizuela and ran.  Brizuela and another gang member chased Victim 5 and stabbed him to death.  Following the homicide, Brizuela and others reported to gang leadership that they had killed a rival gang member.   

Brizuela and the government have agreed that, if the Court accepts the plea agreement, Brizuela will be sentenced to between 29 and 36 years in federal prison.  Chief U.S. District Judge James K. Bredar has scheduled sentencing for February 10, 2020 at 10:00 a.m. 

A total of 29 defendants have been charged in this case with participating in a racketeering conspiracy and/or other crimes related to their association with MS-13, including 18 defendants charged in the fifth superseding indictment filed on October 21, 2019.  A total of 13 defendants, including Brizuela, have pleaded guilty to crimes related to their participation in MS-13 gang activities.

United States Attorney Robert K. Hur commended the FBI; HSI; the Frederick Police Department; the Anne Arundel, Montgomery, and Prince George’s County Police Departments; and the Anne Arundel, Frederick, Montgomery, and Prince George’s County State’s Attorneys for their work in the investigation, and recognized the Baltimore County Police Department for its assistance.  Mr. Hur thanked Assistant U.S. Attorneys Kenneth S. Clark, Catherine K. Dick, and Matthew DellaBetta, who are prosecuting this Organized Crime Drug Enforcement Task Force case.

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Greenbelt, Maryland – U.S. District Judge George J. Hazel today sentenced Ronnell Francis Lewis, a/k/a Punkin, age 46, of Washington, D.C., to 33 years in federal prison, followed by five years of supervised release on federal charged related to Lewis’s participation in two armed robberies.  On July 3, 2019, after a seven-day trial, a federal jury convicted Lewis and co-defendant William David Hill, a/k/a Old Man and Tank, age 62, for conspiring to commit a commercial robbery; for using, carrying, brandishing, and discharging a weapon during and in relation to a crime of violence; for being felons in possession of firearms; and for interstate transportation of stolen vehicles, in connection with two armed robberies committed by the defendants in November 2016.  Lewis was also convicted of witness tampering.

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.

“Ronnell Lewis used a gun to threaten employees at businesses he robbed—and shot an employee who resisted being bound and gagged,” said U.S. Attorney Robert K. Hur. “As a result of his choice to commit a crime with a gun, Lewis will now serve a lengthy sentence in federal prison, where there is no parole—ever.  Please put down the gun.  You’ll save a life, maybe even your own.”

According to the evidence presented at the seven-day trial, Lewis, Hill and a co-conspirator robbed an auto repair business in Clinton, Maryland, on November 22, 2016.  Specifically, the evidence proved that the robbers entered the business brandishing firearms and ordered two employees to get on the ground.  The defendants took money from the victims’ pockets and then ordered them into the front office.  One victim was then bound with zip ties and gagged with duct tape.  The second victim fought, was shot by the robbers, and ultimately paralyzed.  The robbers then fled in a vehicle they had stolen earlier that day.

As detailed at trial, on November 26, 2016, the defendants robbed a barbershop in Seat Pleasant, Maryland.  According to the trial testimony, the two defendants entered the business, ordered everyone to the ground and then robbed them.  During the robbery, the defendants threatened the victims with violence.  According to the evidence, the robbers put the cash in a dark single strap duffle bag and fled in a stolen minivan.  Police saw the minivan at a traffic light and attempted to stop the vehicle but the driver refused to stop, fleeing into Washington, DC.  Three individuals exited the vehicle and attempted to run away.  The driver and Lewis were captured.  The third person, later identified as Hill, escaped but was apprehended later.

Police searched Lewis after his arrest and recovered his cell phone.  From the floor of the minivan, Metropolitan Police officers recovered two loaded 9 millimeter handguns, one with an obliterated serial number.

Further, the evidence proved that after the robberies, and while he was detained, Lewis called several people from jail and asked them to visit the victims of the barbershop robbery to persuade them not to cooperate in the investigation, including not testifying before the federal grand jury. 

Judge Hazel has scheduled sentencing for Hill on March 11, 2020, at 2:00 p.m.  Lewis and Hill have been detained since their arrests on the federal charges.

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 Robert K. Hur commended the FBI for its work in the investigation and thanked the Prince Georges County Police Department, the Seat Pleasant Police Department, and the Metropolitan Police Department for their assistance.  Mr. Hur thanked Assistant U.S. Attorneys Erin B. Pulice and Dwight J. Draughon, who are prosecuting the case.

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Baltimore, Maryland – Last week, three defendants facing fentanyl distribution charges appeared in federal court—a Baltimore man pleaded guilty to distributing fentanyl and two defendants had their initial appearances on federal indictments charging them for allegedly distributing fentanyl.  One of the defendants is charged federally for distributing fentanyl which resulted in death.  These cases are part of the Maryland U.S. Attorney’s Office’s focus on combatting the growing fentanyl crisis.  According to statistics for the first-half of 2019, there are projected to be almost 2,000 fentanyl deaths statewide, and in Baltimore alone there are projected to be more than twice as many fatal fentanyl overdoses as homicides.

The guilty plea and indictments were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jesse R. Fong of the Drug Enforcement Administration - Washington Field Division; Chief Melissa R. Hyatt of the Baltimore County Police Department; Harford County Sheriff Jeffrey R. Gahler; Anne Arundel County Police Chief Tim Altomare; Carroll County Sheriff James DeWees; and Baltimore City State’s Attorney Marilyn Mosby.

“Fentanyl is 50 to 100 times stronger than morphine and just 2 milligrams of fentanyl can kill you.  Law enforcement partners are working together to arrest and prosecute those who peddle deadly fentanyl on our streets and in our neighborhoods,” said U.S. Attorney Robert K. Hur.  “Drug traffickers are on notice that dealing in fentanyl increases their odds of federal prosecution. We are determined to reduce the number of opioid overdose deaths in Maryland.”

On November 19, 2019, Earl Joseph Morris, III, age 42, of Baltimore, Maryland, pleaded guilty to the federal charge of possession with intent to distribute 40 grams or more of fentanyl.  According to Morris’ plea agreement, on November 29, 2018, an undercover Baltimore County Police detective purchased $400 worth of fentanyl tablets from Morris—31 tablets of fentanyl, which resembled 15 mg Oxycodone pills, weighing 3.32 grams.  Law enforcement subsequently obtained search and seizure warrants.  On December 6, 2018, search warrants were executed on Morris’ vehicle, his home, and his person, after Morris met an undercover detective who had arranged to purchase additional fentanyl tablets from Morris.  Law enforcement seized of 1,859 tablets of suspected fentanyl from Morris’ vehicle, as well as additional pills.  Subsequent lab analysis indicated that the 1,859 tablets tested positive for fentanyl or a mix of heroin/fentanyl.  The total weight of these tablets was 192.81 grams.

Morris faces a maximum sentence of 40 years in federal prison for possession with intent to distribute 40 grams or more of fentanyl.  U.S. District Judge Ellen L. Hollander has scheduled sentencing for February 20, 2020, at 2:00 p.m.

On November 6, 2019, a federal grand jury returned a four-count indictment charging Khalil Shaheed, a/k/a “T,” age 26, of Baltimore, for crimes that allegedly occurred in October and November 2017, specifically, distribution of fentanyl resulting in death, possession with intent to distribute fentanyl, possession of a firearm in relation to drug trafficking crime, and possession of a firearm by a prohibited person.  Shaheed is charged in a separate federal indictment for possession with intent to distribute controlled substances in August 2019.  Both indictments were unsealed on November 20, 2019, when Shaheed had his initial appearance on the federal charges.  U.S. Magistrate Judge Deborah L. Boardman ordered Shaheed to be detained pending trial.

A federal grand jury indicted Jacob Leister, age 28, of Glenville, Pennsylvania, on November 19, 2019, and he was arrested the following day by DEA, the Anne Arundel County Police, and the Carroll County Sheriff’s Office.  Leister had his initial appearance on November 22, 2019, on a four-count federal indictment charging Leister for distribution of and possession with intent to distribute fentanyl and alprazolam.  Leister remains in custody.

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. 

If convicted, Shaheed faces a mandatory minimum sentence of 20 years and a maximum of life in federal prison for distribution of fentanyl resulting in death; a mandatory minimum of five years in federal prison, consecutive to any other sentence imposed, and a maximum of life in federal prison for possession of a firearm in relation to drug trafficking crime; and a maximum of 10 years in federal prison for possession of a firearm by a prohibited person.  Shaheed and Leister each face a maximum of 20 years in federal prison for each count of possession with intent to distribute fentanyl.  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. 

United States Attorney Robert K. Hur commended the DEA for their work in all three cases; the Baltimore County Police Department for its investigation in the Morris case; the Harford County Sheriff’s Office, the Carroll County Sheriff’s Office, and the Office of the State’s Attorney for Baltimore City for their work in the Shaheed cases; and the Anne Arundel County Police Department for its investigation in the Leister case.  Mr. Hur thanked Assistant U.S. Attorneys Anatoly Smolkin and Kenneth S. Clark, who are prosecuting the Morris and Leister cases, respectively, and Assistant U.S. Attorney Kim Oldham and Special Assistant U.S. Attorney Jeffrey M. Hann, a cross-designated Baltimore City Assistant State’s Attorney, who are prosecuting the Shaheed case.

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Baltimore, Maryland – U.S. District Judge Deborah K. Chasnaow today sentenced Ricky Sanabria, Jr., age 27, of Salisbury, Maryland, to five years in federal prison, followed by three years of supervised release, for possession of stolen firearms.  

The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Wicomico County Sheriff Michael A. Lewis; Dorchester County Sheriff James W. Phillips, Jr.; and Salisbury Police Chief Barbara Duncan.

According to his guilty plea, on June 10, 2017, Sanabria burglarized a firearms store in Federalsburg, Maryland.  Surveillance video shows that Sanabria entered the store by cutting a hole into an exterior wall.  He wore a hoodie and gloves, with a mask that partially covered his face.  Sanabria stole 27 weapons from the Federalsburg firearms store, and left the scene.  Sanabria stole at least 30 weapons total.

Sanabria was not apprehended until July 16, 2017, when Nebraska state troopers arrested Sanabria for speeding on a highway in Lincoln County, Nebraska.  Sanabria initially evaded the troopers and abandoned his car, but the troopers found Sanabria in a park nearby and arrested him.  They found one of the firearms stolen from the store in Federalsburg—a .40-caliber Glock handgun—directly in front of the driver seat under the floorboard of Sanabria’s car.  Sanabria subsequently waived his rights, and admitted that he was driving the car.  On recorded jail calls, Sanabria acknowledged that the firearm was his, and that he put the firearm in the car.

Two days later, Maryland investigators executed search warrants at two houses associated with Sanabria.  At his home in Salisbury, Maryland, investigators found a 20-gauge shotgun, which was stolen during a separate burglary in August 2016.  At his parents’ home in Hebron, Maryland, investigators found an antique weapon—a Colt black powder gun—that Sanabria stole from the Federalsburg gun store during the June 2017 burglary.  Sanabria possessed both the shotgun and the antique weapon.

In addition, Sanabria’s DNA sample matched the DNA profile of blood left at the scene of another burglary of a firearms dealer in November 2016.  During that burglary, Sanabria stole two firearms—a 9 mm Glock pistol and a .22-caliber Ruger pistol.  Although investigators have only found one of those firearms, Sanabria possessed both firearms on the day they were stolen.

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 Robert K. Hur commended the ATF, the Wicomico and Dorchester County Sheriffs’ Offices, and the Salisbury Police Department for their work in the investigation, and thanked the Nebraska State Police for its assistance.  Mr. Hur thanked Assistant U.S. Attorney Brandon Moore, who prosecuted the case.

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Baltimore, Maryland - U.S. District Judge George L. Russell, III today sentenced Howard Keith Goodson, age 50, of Hatfield, Pennsylvania, to 26 years in federal prison, followed by lifetime supervised release, for coercion and enticement of a minor to engage in illegal sexual activity.  Judge Russell also ordered that, upon his release from prison, Goodson 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 Robert K. Hur; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; Caroline County Sheriff Randy Bounds; Greensboro Police Chief Eric Lee; and Caroline County State’s Attorney Joe Riley.

According to his guilty plea, in late 2016 or early 2017 Goodson met the victim, who was a 15-year-old girl in ninth grade, on a social media website where the victim hosted a blog.  Goodson and the victim began communicating through the social media website, but eventually corresponded through phone calls, text messages, and a smartphone-based messaging application.  Goodson knew the victim was a minor.  The nature of Goodson’s communication with Jane Doe was consistent with a Bondage, Discipline, Sadism, Masochism (BDSM) relationship in which the dominant partner employs psychological control over the submissive partner.

Between October 2017 and January 2018, Goodson sent a series of sexually explicit messages to the victim, including messages stating his dominance over the victim.  Between January and April 2018, Goodson drove from Pennsylvania to Maryland to meet the victim on at least four occasions—at least three of which were to engage in illicit sexual conduct with the victim.  Goodson continued to send sexually explicit messages to the victim, including messages discussing punishing the victim and stating that the victim was Goodson’s “property.”  During a February 2018 visit to the victim’s residence in Maryland, Goodson produced four images documenting his sexual abuse of the victim.

The victim’s mother saw Goodson leaving the house on April 16, 2018, contacted 911 and followed Goodson while contacting the victim’s father, who blocked the road ahead of where Goodson was driving, forcing Goodson to pull over.  Goodson was arrested on federal charges on May 4, 2018, and has been in custody since that time.

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 Robert K. Hur commended the HSI, the Caroline County Sheriff’s Office, Greensboro Police Department, and the Caroline County State’s Attorney’s Office for their work in the investigation and prosecution.  Mr. Hur thanked Assistant U.S. Attorneys Jeffrey J. Izant and Judson T. Mihok, who prosecuted the federal case.

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