District of Maryland
Press releases recorded for this federal judicial district.
Sisters Facing Federal Charges for Fraudulently Obtaining Covid-19 Cares Act Paycheck Protection Program and Economic Injury Disaster LoansRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment of Dinara Sosa, age 35, of Reisterstown, Maryland, and Elza Lipartiya, age 27, of Landsdale, Pennsylvania, for wire fraud, and conspiracy to commit wire fraud relating to the submission of fraudulent claims for the Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) benefits under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, enacted to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. The indictment was returned on August 8, 2023, and unsealed yesterday upon Sosa and Lipartiya’s arrests.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Joe Aiosa of the Office of Inspector General, U.S. Agency for International Development; Special Agent in Charge Andrew McKay of the Treasury Inspector General for Tax Administration; and Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to the indictment, sisters Dinara Sosa and Elza Lipartiya, submitted over 25 PPP loan applications, and over 15 EIDL applications on behalf of multiple businesses, and provided false information to multiple financial institutions and the SBA in order to obtain COVID-19 benefits. The information included the submission of fraudulent IRS forms, false representations regarding the applying entity’s average monthly payroll and false representations regarding the number of employees of the purported businesses.
If convicted, the defendants each face a maximum sentence of 30 years in federal prison for each count of wire fraud, and conspiracy to commit 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 indictment is not a finding of guilt. An individual charged by an indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The District of Maryland Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
As part of the Pandemic Response Accountability Committee (PRAC) Task Force, this investigation was conducted by the USAO, USAID-OIG, TIGTA, and IRS-CI.
The PRAC was established to promote transparency and facilitate coordinated oversight of the federal government’s COVID-19 pandemic response. The PRAC’s 20 member Inspectors General identify major risks that cross program and agency boundaries to detect fraud, waste, abuse, and mismanagement in the more than $5 trillion in COVID-19 spending, including spending via the Paycheck Protection Program (PPP), and Economic Injury Disaster Loan (EIDL) program. This case was also supported by the PRAC’s Pandemic Analytics Center of Excellence, which applies the latest advances in analytic and forensic technologies to help OIGs and law enforcement pursue data-driven pandemic relief fraud investigations.
United States Attorney Erek L. Barron commended the USAID-OIG, TIGTA, and IRS-CI for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Michael F. Aubin and Harry M. Gruber who are prosecuting the cases.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Nigerian National Pleads Guilty to His Role in A Business Email Compromise SchemeRead the Press Release
Greenbelt, Maryland –Kosi Goodness Simon-Ebo, age 29, a Nigerian nation residing in South Africa, pleaded guilty yesterday to conspiracy to commit wire fraud and conspiracy to commit money laundering, related to a business email compromise (“BEC”) scheme with intended losses of the conspiracy of more than $6 million. Simon-Ebo arrived in the United States on April 12, 2023, after being extradited from Canada.
The guilty plea was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; and Special Agent in Charge Matthew R. Stohler of the U.S. Secret Service - Washington Field Office.
According to his plea agreement, from February 2017 until at least July 2017, Simon-Ebo conspired with others to perpetrate a BEC scheme. Specifically, Simon-Ebo and his co-conspirators, including co-conspirators residing in Maryland, gained unauthorized access to email accounts associated with individuals and businesses targeted by the conspirators and sent false wiring instructions to the victims’ email accounts from “spoofed” emails, which are emails with forged sender addresses, to deceive the victims into sending money to bank accounts controlled by perpetrators of the scheme, called “drop accounts.”
Further, during the same time frame, Simon-Ebo and his co-conspirators conspired to commit money laundering by disbursing the fraudulently obtained funds in the drop accounts to other accounts by initiating account transfers, withdrawing cash, obtaining cashier’s checks and by writing checks to other individuals and entities, to hide the true ownership and the source of those assets. As detailed in the plea agreement, the intended loss for transactions in which Simon-Ebo was directly involved—which were some, but not all of the transactions involving Simon-Ebo and his co-conspirators—was approximately $6,988,249 and the actual loss resulting from these transactions was at least $1,072,306. Simon-Ebo had direct control over at least $45,925 of the funds obtained from victims.
According to the plea agreement, Simon-Ebo will be required to pay a money judgment in the amount of $45,925 and pay restitution in the full amount of the victims’ losses, which the parties agree is at least $1,072,306.
Simon-Ebo faces a maximum sentence of 20 years in federal prison for the wire fraud conspiracy and for the money laundering conspiracy. U.S. District Judge Deborah L. Boardman has scheduled sentencing for November 29, 2023, at 2:00 p.m.
United States Attorney Erek L. Barron commended HSI’s Mid-Atlantic El Dorado Task Force and the U.S. Secret Service for their work in the investigation and thanked the Justice Department’s Office of International Affairs for providing substantial assistance in securing the arrest and extradition. Mr. Barron thanked Assistant U.S. Attorney Kelly O. Hayes, who is prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Maryland Man Facing Federal Charges for Sexual Assault on A Cruise ShipRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Jalen Thomas Kelley, age 21, of Abingdon, Maryland, for aggravated sexual abuse, sexual abuse and assault within the territorial jurisdiction. Kelley was arrested by the FBI Charlotte Field Office in Wingate, North Carolina, on September 20, 2023.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to the indictment, between January 1, 2023 and January 2, 2023, the defendant engaged in a sexual act by force and assaulted Victim 1 without consent on board a cruise vessel Carnival Legend, which had a scheduled departure from and an arrival in Baltimore, Maryland.
If convicted, Kelley faces a maximum sentence of life in 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.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This investigation is ongoing. Individuals who may have any information regarding this investigation are encouraged to contact the following: FBI Baltimore: 410-265-8080.
United States Attorney Erek L. Barron commended the FBI for their work in the investigation and thanked Wingate University Campus Safety and Wingate Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorneys Katelyn Semales and Sean Delaney, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Maryland Man Facing Federal Charges for Fraudulently Obtaining Covid-19 Cares Act Paycheck Protection Program LoanRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Joseph Gillespie, age 34, of Baltimore, Maryland, with conspiracy to commit wire relating to the submission of fraudulent claims for the Paycheck Protection Program (“PPP”) benefits under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, enacted to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic.
The indictment of Gillespie was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to the indictment, on August 13, 2019, Gillespie incorporated a business called JAG Investments LLC. The stated purpose of the LLC was to “purchase properties and rehab in Baltimore.” On or about August 14, 2019, he opened an account at Wells Fargo for JAG Investments where he was the sole signatory. The Defendant used JAG Investments for the purpose of applying for COVID-19 related benefits, such as a PPP loan. On or about October 17, 2020, Gillespie opened another account at First National Bank of Pennsylvania for JAG Investments where he was the sole signatory.
In or about 2020, the Defendant and others worked to prepare materials in support of a fraudulent PPP loan application, including a false 2019 IRS Form 940 and a false February 2020 bank statement for the Wells Fargo Account. On or about March 11, 2021, the Defendant and others caused the submission of a false 2019 IRS Form 940 and a false February 2020 statement for the Wells Fargo Account to Cross River Bank. The false IRS Form 940 reflected that JAG Investments paid $276,209.72 in wages to all employees in 2019. In fact, in 2019 and 2020, JAG Investments did not pay such wages and submitted no tax filings for tax years 2019 and 2020. The false February 2020 bank statement for the Wells Fargo Account indicated that the account had an ending balance of $61,439.16. In fact, Wells Fargo Account had an ending balance of $541.63. 1. That same day, the Defendant searched on YouTube, among other things, “ppp loan audit” and “what can PPP loan be used for.”
On or about March 15, 2021, as a result of the alleged misrepresentations, the PPP loan for JAG Investments closed and the Defendant received $138,104 in PPP funds. The Defendant paid a co-conspirator 38,000, reflecting approximately 27 percent of the PPP loan amount received by JAG Investments, in exchange for the co-conspirator’s role in submitting the JAG Investments PPP loan application.
On or about March 17, 2021, after receiving the PPP loan for JAG Investments, the Defendant sought to establish payroll processing services through Heartland Payment Systems for the purpose of making payments to purported employees of JAG Investments. On or about March 17, 2021, the Defendant provided Heartland with a list of JAG Investment’s purported employees and the employees’ purported wages. Beginning on or about March 30, 2021 and continuing through August 6, 2021, the Defendant caused Heartland to process payroll for purported employees of JAG Investments. After receiving the purported payroll payments, on multiple occasions in or about 2021, a purported employee of JAG Investments provided a portion of the purported payroll payments—sometimes more than 50 percent of the amount of the payment—back to Gillespie.
If convicted, the Defendant faces a maximum sentence of 20 years in federal prison for wire fraud conspiracy and a mandatory sentence of two years in federal prison for aggravated identity theft. 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 an indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The District of Maryland Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Erek L. Barron commended the FBI for their work in the investigation and thanked Baltimore County Police Department and SBA-OIG for their assistance. Mr. Barron thanked Assistant U.S. Attorney Paul Riley who is prosecuting the cases.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Two Baltimore Co-Defendants Sentenced to Federal Prison for the Attempted Murder of a Federal Officer and for a Drug ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Davon Rogers, age 40, to nine years in federal prison, followed by three years of supervised release, for attempted murder of a federal officer in connection with a shooting that occurred on December 29, 2021. Judge Hollander sentenced co-defendant Juan Hester, age 41, of Baltimore, Maryland, to 14 years in federal prison, followed by five years of supervised release, for a conspiracy to distribute and possess with intent to distribute more than 400 grams of fentanyl and more than 50 grams of methamphetamine.
The sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division; and Acting Commissioner Richard Worley of the Baltimore Police Department.
“Drugs and guns are a deadly combination,” said Erek L. Barron, United States Attorney for the District of Maryland. “In this case, that combination led to an attack on a law enforcement officer. We will prosecute any such attack on our partners to the fullest extent of the law.”
According to Rogers’ guilty plea, during the evening of December 29, 2021, members of the Drug Enforcement Administration (“DEA”) were conducting surveillance in the 2500 block of W. Fayette Street in Baltimore, as part of an ongoing federal drug trafficking investigation. One of the members of the surveillance team was a DEA Special Agent who was in the area in his unmarked vehicle conducting covert surveillance in connection with the narcotics investigation.
As detailed in court documents, while the Special Agent was inside of his vehicle, Rogers and another individual approached the vehicle and began looking inside. The Special Agent tried to avoid being seen by laying down in the rear area the vehicle. After they looked inside of the Special Agent’s vehicle, Rogers and the second individual walked away from the vehicle. Several minutes later, the Special Agent got into the driver’s seat of his vehicle to try to drive away from the area. By that time, Rogers and the second individual had returned to the area. At approximately 9:18 p.m., as the Special Agent began driving away, Rogers and the second individual began shooting at the Special Agent. The Special Agent was nearly struck by one or more of the bullets, and his vehicle sustained multiple bullet strikes. Specifically, bullets struck the driver’s side front and rear doors, the rear window, the trunk, and the passenger’s side sun visor and ceiling area.
As detailed in the plea agreement, the Special Agent was able to drive for approximately one block before crashing his vehicle into a nearby parked car and running to safety. After the shooting, Rogers and the second individual fled the scene. Investigators recovered multiple shell casings, of two different calibers, from the area where Rogers and the second individual shot at the Special Agent.
After the shooting, search warrants were executed at co-defendant Juan Hester’s residence and at Rogers’ residence on December 30, 2021 and January 4, 2022. Investigators recovered 113 grams of almost pure methamphetamine hydrochloride, 814 grams of THC, 34 grams of mixtures containing cocaine, three grams of mixtures containing fentanyl, and various cutting agents from Hester’s residence. Investigators seized approximately fourteen rounds of .40 caliber ammunition from Rogers’ residence. Based on new information received, two additional search warrants were executed on Hester’s residence on January 1, 2022 and January 6, 2022 and investigators recovered approximately 337 grams of mixtures or substances containing fentanyl, 78 rounds of 7.62 caliber ammunition, 32 rounds of .22 caliber ammunition and one handgun magazine. Hester admitted that he maintained the residence as a premises for manufacturing or distributing controlled substances. In addition to the narcotics seized, Hester admitted that approximately three kilograms of fentanyl and 200 grams of methamphetamine were involved in the drug conspiracy.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) National Integrated Ballistic Information Network (“NIBIN”). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Erek L. Barron commended the DEA and the Baltimore Police Department for their work in the investigation and thanked the Anne Arundel County, Howard County, and Baltimore County Police Departments, the Laurel Police Department, the Annapolis Police Department, the Maryland Transportation Authority Police Department, and the Baltimore City State’s Attorney’s Office for their assistance. Mr. Barron thanked Assistant U.S. Attorneys Anatoly Smolkin and Darryl Tarver, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Maryland and Virginia Men Facing Federal Charges for Fraudulently Obtaining More Than $550,000 in COVID-19 Cares Act Unemployment Insurance Benefits Using the Personal Information of Identity Theft VictimsRead the Press Release
Baltimore, Maryland – A federal grand jury has returned a superseding indictment charging Michael Cooley, Jr., a/k/a “Micheal Cooley Jr.,” “5Micmusik,” and “Michael White,” age 24, and Isiah Lewis, a/k/a “Zay,” age 33, both of Maryland; and “Alonzo Brown, age 26, of Virginia, for conspiracy to commit wire fraud and aggravated identity theft, relating to the submission of fraudulent claims for unemployment insurance (“UI”) benefits under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, enacted to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. The superseding indictment was filed July 19, 2023, and unsealed today upon the arrest of the defendants.
Lewis is expected to have an initial appearance in U.S. District Court in Greenbelt at 2:30 p.m. Cooley and Brown are expected to have their initial appearances in U.S. District Court in Atlanta, Georgia this afternoon as well.
The superseding indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Troy W. Springer of the National Capital Region of the U.S. Department of Labor’s Office of Inspector General (“DOL-OIG”); and Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
Financial assistance offered through the CARES Act included expanded eligibility for UI benefits and increased UI benefits through the Pandemic Unemployment Assistance Program (“PUA”), Federal Pandemic Unemployment Compensation (“FPUC”), and the Lost Wages Assistance Program (“LWAP”).
According to the superseding indictment from at least June 2020 through March 2021, the defendants used the personal identifiable information of identity theft victims, such as name, date of birth, and social security number, to file online UI applications in Maryland and California, using anonymous email addresses to obscure their identities and avoid detection. Cooley, Lewis, Brown and others allegedly caused debit cards bearing the names of identity theft victims and loaded with UI benefits from fraudulent UI claims to be mailed to addresses in Maryland and elsewhere. The defendants then used the benefits to obtain money and engage in point-of-sale transactions. Cooley, Lewis and Brown obtained more than $550,000 through the fraud scheme.
If convicted, the defendants each face a maximum sentence of 20 years in federal prison for each count of wire fraud and a mandatory sentence of two years in federal prison, consecutive to any other sentence imposed, for aggravated identity theft. 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 superseding indictment is not a finding of guilt. An individual charged by superseding indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The District of Maryland Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Erek L. Barron commended the DOL-OIG and IRS-CI for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Bijon A. Mostoufi and Darryl Tarver, who are prosecuting the case. He also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Maryland MS-13 Gang Leader Sentenced to 28 Years in Federal Prison for Participating in a Racketeering Conspiracy, Including MurderRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Brayan Alexander Torres, a/k/a “Spooky,” age 29, of Adelphi, Maryland, yesterday to 28 years in federal prison, followed by five years of supervised release, for a racketeering conspiracy, including murder, related to his participation in the Weedams Locos Salvatrucha (“WLS”) clique of the MS-13 gang, which operated primarily in Adelphi, Maryland. Torres was the clique’s leader or “First Word.” Judge Xinis also ordered that Torres pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 4’s estate.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.
According to court documents, La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in Maryland and throughout the United States. MS-13 members are organized in “cliques,” smaller groups that operate in a specific city or region, and are required to commit acts of violence, both to maintain membership and discipline within the gang and against rivals. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. MS-13 members earn promotions and improved standing within the gang for participating in attacks on rival gang members, often at the direction of MS-13 leadership.
On August 8, 2020, Torres and other WLS members, including Franklyn Sanchez, were gathered at a park in Prince George’s County, Maryland, where they agreed to murder Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. Sanchez was armed with a revolver and Torres handed a second revolver to another MS-13 member, instructing that person to shoot first when Victim 4 arrived. Sanchez and the other WLS member each fired multiple shots at Victim 4, who fell to the ground. Sanchez then pistol-whipped Victim 4 and stabbed him with a knife. Torres then stabbed Victim 4 with a screwdriver. Torres and other WLS members dragged Victim 4’s body to a stream and left it there. As he was leaving the woods, Sanchez noticed he was bleeding and was concerned that his DNA may have been left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, Torres called other WLS members, including co-defendant Agustino Eugenio Rivas Rodriguez, and ordered them to bring shovels to dig a hole and bury Victim 4’s body, which law enforcement later recovered with a bullet wound to the head.
On June 5, 2020, Torres conspired with other MS-13 members to kidnap and kill a female member of the rival 18th Street gang. Torres and Rivas Rodriguez ordered subordinate members of the gang to gather at a house with firearms in preparation for the murder, while another MS-13 associate was at a separate location with Victim 5. The group of MS-13 subordinates gathered with guns and were preparing to follow their orders when police arrived on scene and interrupted the plan.
Torres also directed the collection of extortion payments, or “rents,” from at least two extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury by members of WLS. Finally, Torres participated in money laundering by transferring gang funds obtained through its extortion activities to MS-13 members and associates in El Salvador. For example, Torres accepted a delivery of rent payments that had just been collected from three brothels by a WLS member, with the intent to use the funds to promote MS-13’s illegal activities, including extortion.
Co-defendants Franklyn Edgardo Sanchez, a/k/a “Delinquente,” age 26; Hernan Yanes-Rivera, a/k/a “Recio,” age 22, both of Adelphi, Maryland; and Agustino Eugenio Rivas Rodriguez, a/k/a “Terrible,” age 25, of Silver Spring, Maryland were sentenced to 28 years, 22 years, and 16 years in federal prison, respectively, for their roles in the racketeering conspiracy.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case is also part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Barron and Acting Assistant Attorney General Argentieri commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and the Montgomery County Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorney Joel Crespo and Trial Attorney Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach and https://www.justice.gov/usao-md/project-safe-neighborhoods-psn.
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MS-13 Gang Leader Sentenced for Racketeering ConspiracyRead the Press Release
A Maryland man was sentenced yesterday to 28 years in prison for racketeering conspiracy, including murder, related to his participation in the La Mara Salvatrucha (MS-13) gang.
According to court documents, from at least August 2018 through July 2021, Brayan Alexander Torres, aka Spooky, 29, of Adelphi, was the “First Word” or leader of Weedams Locos Salvatrucha (WLS), an MS-13 clique operating primarily in Adelphi. MS-13 is an international criminal organization composed primarily of individuals from El Salvador or their descendants, with members operating throughout the United States. MS-13 members are organized in “cliques,” smaller groups that operate in a specific city or region. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. MS-13 members earn promotions and improved standing within the gang for participating in attacks on rival gang members, often at the direction of MS-13 leadership.
On Aug. 8, 2020, Torres and other WLS members, including Franklyn Edgardo Sanchez, 26, of Adelphi, were gathered at a park in Prince George’s County, Maryland, where they agreed to murder Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. Sanchez was armed with a revolver and Torres handed a second revolver to another MS-13 member, instructing that person to shoot first when Victim 4 arrived. Sanchez and the other WLS member each fired multiple shots at Victim 4. When Victim 4 fell to the ground, Sanchez pistol-whipped him and stabbed him with a knife. Then Torres stabbed Victim 4 with a screwdriver. Torres and other WLS members dragged Victim 4’s body to a stream and left it there. As he was leaving the woods, Sanchez noticed he was bleeding and was concerned that his DNA may have been left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, Torres called other WLS members, including Agustino Eugenio Rivas Rodriguez, 25, of Silver Spring, Maryland, and ordered them to bring shovels to dig a hole and bury Victim 4’s body, which law enforcement later recovered with a bullet wound to the head.
On June 5, 2020, Torres conspired with other MS-13 members to kidnap and kill a female member of the rival 18th Street gang. Torres and Rivas Rodriguez ordered subordinate members of the gang to gather at a house with firearms in preparation for the murder, while another MS-13 associate was at a separate location the intended victim, identified as Victim 5. The group of MS-13 subordinates gathered with guns as Torres and Rodriguez had directed, and were preparing for murder when police arrived and interrupted the plan.
Torres also directed the collection of extortion payments, or “rents,” from at least two victims on behalf of WLS, knowing that victims made payments because WLS members had threatened to kill or injure them by flashing guns or baseball bats.
Torres participated in money laundering by transferring gang funds obtained through its extortion activities to MS-13 members and associates in El Salvador. Torres also accepted a delivery of rent payments that a WLS member had collected from three brothels, with the intent to use the funds to promote MS-13’s illegal activities, including extortion.
Previously, Sanchez; Hernan Yanes-Rivera, 22, of Adelphi; and Rivas Rodriguez were sentenced to 28 years, 22 years, and 16 years in prison, respectively, for their roles in the racketeering conspiracy.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Erek L. Barron for the District of Maryland, Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office, Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore, and Chief Malik Aziz of the Prince George’s County Police Department made the announcement.
The FBI, HSI, and Prince George’s County Police Department investigated the case, with assistance from the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and Montgomery County Police Department.
Trial Attorney Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Joel Crespo for the District of Maryland are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case is also part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and HSI both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
Florida Man Sentenced in Maryland to over Five Years in Federal Prison for Nationwide Scheme that Defrauded Elderly Victims of More Than $2.5 MillionRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett today sentenced Eghosasere Avboraye-Igbinedion a/k/a “Ego” and “Ghost,” age 28, of Miramar, Florida, to 66 months in federal prison and one year of home confinement, followed by two years of supervised release, for conspiracy to commit mail fraud and four counts of mail fraud, in connection with a scheme in which he and his co-conspirators defrauded more than 85 elderly victims of more than $2.5 million. Judge Bennett also ordered Avboraye-Iginedion to pay restitution in the amount of $1,695,600. Avboraye-Igbinedion was convicted by a federal jury on June 15, 2023, after a six-day trial.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to the evidence presented at trial, from January 2018 through November 2019, Avboraye-Ibginedion was part of a conspiracy to defraud elderly victims by persuading them to send thousands of dollars in cash to members of the conspiracy, falsely stating that the money would be used to help the victims’ relatives pay legal or other expenses for crimes and other incidents that had not actually occurred. Conspirators targeted elderly victims throughout the United States, calling and 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.
Witnesses testified that during the telephone calls, the conspirators directed victims to send cash to particular addresses via an overnight delivery service. The conspirators even posed as the victims’ relatives to further induce them to send the cash. Once the victims did send money, the 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 conspirators 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 evidence proved that Avboraye-Ibginedion’s part in the scheme was to retrieve packages of cash sent by elderly victims and deliver the packages to a co-defendant, Medard Ulysse. Avboraye-Ibginedion and other conspirators traveled from Florida to Maryland and other states and identified residential locations where the cash should be sent, typically locations that were either vacant or for sale, so that no one would be at those locations at the time of the deliveries. Once the packages were delivered, Avboraye-Ibginedion and others retrieved the packages of cash. Avboraye-Ibginedion and other conspirators also relayed directions to other participants in the scheme about where and when to retrieve packages of cash. Avboraye-Ibginedion then delivered the packages to Ulysse or to other conspirators.
Co-defendant Medard Ulysse, age 38, most recently of Miami, Florida, was sentenced earlier this year to nine years in federal prison, for wire fraud and conspiracy to commit mail fraud in relation to multiple fraud schemes, including the elder fraud “grandparent” scam. Judge Bennett also ordered Ulysse to pay restitution totaling $2,485,512, of which $1,866,745 is for the elder fraud scam.
Reporting from consumers about fraud and fraud attempts is critical to law enforcement efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying next steps, including identifying appropriate reporting agencies, providing information to callers to assist them in reporting or connecting them with agencies, and providing resources and referrals on a case-by-case basis. The hotline is staffed from 10:00 a.m. to 6:00 p.m. Monday through Friday. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov. Victims are encouraged to file a complaint online with the FBI’s Internet Crime Complaint Center at this website or by calling 1-800-225-5324.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation and thanked Canadian Sûreté du Québec for its assistance. Mr. Barron thanked Assistant U.S. Attorneys Sean R. Delaney and Christine Goo, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help seniors, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/elder-justice-initiative.
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Frederick Medical Practice Pays the United States More Than $850,000 to Resolve Claims that it Inappropriately Billed for Medical ServicesRead the Press Release
Baltimore, Maryland – Frederick Oncology and Hematology Associates, P.C., a former medical practice located in Frederick, Maryland, have paid the United States $850,949 to settle allegations that Frederick Oncology and Hematology Associates, P.C. (“FOHA”) submitted inappropriate claims to the United States for evaluation and management services.
The settlement agreement was announced today by United States Attorney for the District of Maryland Erek Barron, Special Agent in Charge Maureen Dixon of the Office of Inspector General for the Department of Health and Human Services (“HHS-OIG”), Special Agent in Charge Christopher Dillard of Defense Criminal Investigative Services (“DCIS”) Mid-Atlantic Field Office, and Conrad Quarles, Deputy Assistant Inspector General for Investigations, Office of Personnel Management, Office of Inspector General (OPM-OIG).
“It is fundamental that a medical provider accurately bill for services that are actually provided,” said United States Attorney Erek L. Barron. “The United States Attorney’s Office is committed to recovering monies for the federal healthcare programs and will hold practices and individuals accountable for their actions,” said Barron.
“Accurately billing for services provided to Medicare beneficiaries is required of all health care providers,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health, and Human Services, Office of the Inspector General. “HHS-OIG will continue to work with our law enforcement partners to investigative allegations of fraud in federal health care programs.”
“This settlement demonstrates DCIS’ commitment to investigate health care providers who take advantage of TRICARE for personal enrichment,” said Special Agent in Charge Christopher W. Dillard, DCIS Mid-Atlantic Field Office. “DCIS proudly stands with our investigative law enforcement partners to root out fraud, waste and abuse.”
According to the settlement agreement, from January 1, 2013, to November 1, 2017, FOHA improperly submitted claims for evaluation and management using a code modifier that is only appropriate when there is a separate and distinct evaluation and management service on the same day as a procedure or other service being performed on a patient. FOHA submitted and was paid for those improperly billed claims when FOHA did not perform a separate and distinct evaluation and management. Additionally, FOHA improperly submitted claims from January 1, 2013, to November 1, 2017, under the billing number of the patient’s physician rather than the non-physician provider who treated the patient in the physician’s temporary absence.
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 of 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.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
U.S. Attorney Erek L. Barron commended the HHS-OIG, DCIS, and OPM-OIG for their work in the investigation. The case was handled by Assistant United States Attorney Thomas Corcoran.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Maryland U.S. Attorney's Office Launches Somber PSA on Impacts of Gun ViolenceRead the Press Release
Baltimore, Maryland – On Sunday, September 10, Maryland U.S. Attorney Erek L. Barron launched a cutting edge 60 second public service announcement encouraging viewers to take action to end gun violence. The video aired across Maryland just before kickoff of the Baltimore Ravens home opener, and will continue to broadcast across cable and digital platforms.
"Gun violence impacts more than one person or one family. Friends, parents, employers, neighbors – all are forced to confront the devastating realities of gun violence," said Maryland U.S. Attorney Erek L. Barron. "We are bringing together law enforcement, community organizations, and private citizens in pursuit of a common goal: protecting the places we call home.”
As a result of collaborative efforts between law enforcement and community-based organizations, violent crime is down throughout Maryland. But, more must be done. Project Safe Neighborhoods balances prevention, intervention, strategic law enforcement, and community engagement to end gun violence and keep communities safe.
“The Baltimore Police Department along with our many law enforcement partners are committed to ending gun violence and breaking the cycle of trauma it brings to our communities,” said Acting Police Commissioner Richard J. Worley. “Our residents and neighborhoods deserve better and our agency remains steadfast in implementing Community Policing strategies and working collaboratively with our communities to create a safer Baltimore for all.”
The U.S. Attorney's Office works closely with community-based organizations throughout Maryland, including Roca, a nonprofit working to intervene with the young men most likely to shoot or be shot and develop partnerships and programs that have proven effective in curbing violence at the core of communities.
"We have seen that we can lessen urban violence by relentlessly finding and engaging the young people living at the center of it," said Kurtis Palermo, Executive Vice President of Roca Maryland. "Young men can change—and our communities can heal—if we help them address the trauma that is at the root of violence and provide the skills and support they need to learn to think and act differently."
No one should live in fear in their own home or neighborhood. This video encourages communities to get involved in ending gun violence.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
# # #Washington, D.C. Man Sentenced to over Four Years in Federal Prison for Two Separate Fraud SchemesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Dion Rashaan Foxworth, age 42, of Washington, D.C., to 51 months in federal prison, followed by five years of supervised release, for wire fraud related to an investment fraud scheme and bank fraud related to a fraudulent Paycheck Protection Program (“PPP”) loan. Judge Chuang also ordered Foxworth to pay restitution of $882,908.66.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, from November 2016 through at least August 2020, Foxworth solicited and received at least $863,901 from investors to invest in foreign currency exchange (“FOREX”). Foxworth admitted that instead of investing the funds in FOREX, as represented to investors, Foxworth converted the funds to his personal use, including credit card expenses, travel expenses, and rent. Foxworth caused losses to at least 25 investors totaling at least $832,408.66.
In addition, Foxworth admitting that he fraudulently obtained a PPP loan, which was part of the assistance authorized to assist small businesses with job retention and other expensed during the COVID-19 pandemic. On February 19, 2021, Foxworth applied for a PPP loan for his company, inflating the company’s average monthly payroll and providing a false 2019 Form 1040 Schedule C showing profits and losses for the business. In fact, Foxworth did not file a tax return for the company in 2019. As a result of his false statements, Foxworth obtained a PPP loan of $50,000. Instead of using the funds for permissible expenses, such as payroll costs and operational expenses, Foxworth used the PPP funds for daily living and travel expenses while he was abroad in South.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys G. Michael Morgan, Jr., and Coreen Mao, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Eastern Shore Man Sentenced to over Five Years in Federal Prison for Conspiring to Steal More Than $1.8 Million from a Salisbury BusinessRead the Press Release
Baltimore, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Stephen Franklin, age 54, of Salisbury, Maryland, yesterday to 66 months in federal prison, followed by three years of supervised release, for a wire fraud conspiracy and aggravated identity theft in connection with the theft of more than $1.8 million from Shore Appliance Connection. Judge Chasanow also ordered that Franklin pay restitution in the full amount of the victims’ losses, which the parties stipulate is $1,850,488.94.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
Franklin was the chief operating officer of Accurate Optical, a chain of optometric shops on the Eastern Shore of Maryland and with the owners of Accurate Optical he also purchased East Coast Optometric, a chain of South Carolina optical shops. Franklin and co-defendant Duane G. Larmore met through the Salisbury Chamber of Commerce and became friendly.
As detailed in their plea agreements, Larmore was an employee at Shore Appliance Connection (“Shore Appliance”), located in Salisbury, Maryland, whose duties included maintaining the books and records for the company. The company was owned and operated by Owner #1 and Owner #2. From mid-September 2016 through about March 2020, Franklin conspired with others, including Larmore, to steal more than $1.8 million from Shore Appliance.
Specifically, Franklin and Larmore stole over $1 million from Shore Appliance to use for their own purposes, including to make investments and to pay business expenses for Franklin’s businesses, without the knowledge and consent of the owners of Shore Appliance. For example, Franklin convinced Larmore to invest $100,000 in an oil deal that promised quick and substantial returns. Those funds were ultimately returned to Shore Appliance because the name on the bank account did not match the named beneficiary on the wire transfer form completed by Franklin. Prior to the funds being returned and at Franklin’s urging, Larmore transferred another $100,000 to a purported attorney for the oil deal. Franklin also convinced Larmore to invest in other deals, including: in 2016, a $95,000 initial investment with a finance company in London, U.K., followed by another $300,000, plus funds for expenses and travel abroad; in 2018, an investment through W.S. of $35,000 and an investment through Gateway Capital of $50,000; and in 2019 - 2020, investments and expenses through I.P. and E. P.-S. to recover assets purportedly in the custody of U.S. Customs, part of the Department of Homeland Security. No investment paid any return to the schemers.
To conceal how much money had been removed from Shore Appliance and to obtain cash to invest, Franklin suggested that Larmore enter into factoring contracts. Franklin had experience with borrowing operating funds for his optical companies from factors and provided Larmore with the names and contact information for factoring companies. Factoring is a means by which businesses can obtain cash quickly by leveraging accounts receivable. With Franklin’s encouragement, Larmore applied for a factoring contract for Shore Appliance without the knowledge or approval of the owners, corporate directors, or officers of Shore Appliance. As detailed in the plea agreement, the factoring contracts provided cash deposits to Shore Appliance’s bank accounts but encumbered the accounts receivable of Shore Appliance and required payments and interest of more than $725,000.
To obtain contracts with factoring companies for Shore Appliance and to conceal the fact that the Shore Appliance owners were not aware of and had not approved the factoring contracts, the signatures of the owners were forged, and the fraudulent signatures were witnessed or notarized by Franklin. Further, Larmore and a female employee of Franklin’s posed as the owners in telephone conversations with representatives of the factoring companies to confirm their approval of the factoring contracts. In addition, to conceal Larmore’s embezzlements and the factoring agreements, Larmore caused Shore Appliance to draw on Shore Appliance’s lines of credit with two separate financial institutions to obtain another $200,000 in cash. As of March 2020, Shore Appliance still owed $208,394.92 in principal and interest on these lines of credit.
Finally, when Franklin’s business began having financial difficulties, at Franklin’s request, Larmore provided funds to Franklin to pay rent and employee salaries for the businesses, to rent a storage facility and to hire trucks to move equipment and office furniture when Accurate Optical was evicted from its Salisbury, Maryland office in July 2019. All the while, Franklin continued to suggest that Larmore put money into other investment schemes, which Larmore did.
In all, Larmore paid $739,295.28 of Shore Appliance’s funds, without the officers and owners’ knowledge or consent, to invest in fraudulent schemes that never paid any money back. Of that amount, $395,000 was moved through bank accounts controlled by Franklin. Franklin caused an additional loss of $171,548.67 by having Larmore transfer funds to Franklin or to Franklin’s companies. As a result of the conspiracy and efforts to conceal the losses, Shore Appliance lost an additional $731,250.07 in fees and other payments to factors and to factoring brokers. Shore appliance also paid interest of $208,395 from Larmore drawing on its bank lines of credit. For all of Franklin’s and Larmore’s conduct, actual cash losses to Shore Appliance totaled $1,850,488.94 and intended losses totaled $2,137,674.74.
Duane G. Larmore, age 48, of Salisbury, previously pleaded guilty to his role in the conspiracy and is awaiting sentencing.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Evelyn Lombardo Cusson, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach. For more information about resources available to report fraud, please visit https://www.justice.gov/usao-md/report-fraud.
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Baltimore School Police Officer Facing Federal Charges for Overtime Fraud and Tax ViolationsRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Lawrence E. Smith, age 49, of Perry Hall, Maryland, for federal wire fraud related to allegations that he fraudulently obtained more than $215,000 in overtime pay and for attempting to avoid paying federal income taxes and filing a false tax return. The indictment was returned on September 7, 2023, and unsealed today upon Smith’s arrest.
The defendant is expected to have an initial appearance today in U.S. District Court in Baltimore before U.S. Magistrate Judge J. Mark Coulson at 2:15 today.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
Smith began working as a Baltimore City School Police Officer in 2005 and in 2016 was promoted to detective and put in charge of the School Police Overtime Unit. In this role, Smith managed the Overtime Unit and was responsible for the coordination and scheduling of School Police Officer overtime, including his own. During the COVID-19 pandemic, Smith was authorized to receive overtime pay to provide security for COVID testing sites and food sites set up at various Baltimore City Public School System schools and at Baltimore City Recreation and Parks community centers, as well as the COVID-19 hospital and homeless shelter.
According to the indictment, from January 2019 through August 2022, Smith fraudulently received overtime pay for hours for which he had not worked. The indictment alleges that Smith used his position as the Detective in charge of the Overtime Unit for School Police to assign himself to overtime shifts. Smith allegedly falsely claimed that he was working overtime as a School Police Officer for overtime shifts that required his physical presence when he was at home, running personal errands, at other locations socializing, coaching football, and out of state on vacation. The indictment seeks a money judgment of $215,352, alleged to be the proceeds of the fraud scheme.
In addition, the indictment alleges that Smith submitted Forms W-4 to his employer falsely claiming that he was exempt from federal income tax withholding when in fact, he was not entitled to claim exempt status. Further, Smith allegedly failed to file individual income tax returns for 2017, 2019, and 2020, and to report his wages and other income to the IRS. Finally, the indictment alleges that Smith filed a false individual tax return for tax year 2018.
If convicted, Smith faces a maximum sentence of 20 years in federal prison for each count of wire fraud; a maximum of five years in federal prison for each count of attempting to evade taxes; and a maximum of three years in federal prison for filing a false tax return. 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 Erek L. Barron commended the FBI and IRS-CI for their work in the investigation and thanked the Maryland Office of Inspector General for Education, the Office of Inspector General for the City of Baltimore, and the Baltimore Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorneys Christine Goo and Matthew Phelps, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Prince George’s County Felon Sentenced to 11 Years in Federal Prison for Drug Conspiracy and Illegal Possession of a FirearmRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Toumani Thomas, age 46, of Accokeek, Maryland, to 11 years in federal prison, followed by five years of supervised release, for being a felon in possession of a firearm, a drug distribution conspiracy, and for violating his supervised release for a previous conviction for an attempted armed commercial robbery. Judge Chasanow ordered that Thomas must forfeit firearms and ammunition seized during the investigation, $18,004 in cash that was proceeds of drug trafficking, and the Mercedes-Benz AMG GT, the Yamaha R1 motorcycle, and the Audi S8 that Thomas used to facilitate drug trafficking and/or obtained with proceeds of such activity.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration (“DEA”) - Washington Division; and Chief Malik Aziz of the Prince George’s County Police Department.
According to his guilty plea, in October 2022, DEA agents received a tip that Thomas was involved in drug trafficking. Investigation connected Thomas to a storage unit in Temple Hills, Maryland. A subsequent search warrant executed at the storage unit recovered a duffel bag containing eleven shrink-wrapped bricks of cocaine with a total weight of 12.8 kilograms and a single plastic cup. Surveillance footage and storage facility access records obtained after the search showed Thomas accessing the unit several times since it was rented by another individual on October 6, 2022. Video showed that Thomas had traveled to the facility using his Yamaha R1 motorcycle, his Mercedes Benz AMG GT, and his Audi S8 at different times in furtherance of Thomas’s drug trafficking. The day after the seizure of the cocaine, Thomas arrived at the facility with a large, empty plastic tub and attempted to retrieve some or all of the cocaine from the storage unit when he discovered it had been seized.
After officers discovered the 12.8 kilograms of cocaine, they learned that Thomas had an active account at another storage facility in Brentwood, Maryland. On December 6, 2022, officers executed a search warrant at that storage unit and found items belonging to Thomas. From a backpack located inside the unit, officers recovered a 7.62x39mm semiautomatic rifle; a 100 round high-capacity drum-style magazine containing 97 rounds of 7.62 caliber ammunition; a 30-round high-capacity magazine containing 20 rounds of 7.62 caliber ammunition; and a pistol magazine containing 5 rounds of ammunition. The 7.62 mm firearm had been reported stolen in Virginia in June 2022. Thomas admitted that the firearm, magazines and ammunition recovered from the Brentwood storage unit were used, or intended to be used, to facilitate his drug trafficking. Thomas also admitted that he knew he was prohibited from possessing firearms or ammunition that as a result of his previous federal conviction.
A search warrant was also executed at Thomas’s residence and agents recovered a money counting machine, an empty handgun container, a large roll of shrink-wrap plastic, rubber bands, and a large container of automotive grease, which is frequently used to attempt to mask drug scents from detection dogs. The Mercedes Benz AMG GT and the Yamaha R1 motorcycle were also found in the home’s garage. Law enforcement seized $18,004 in cash at Thomas’s arrest on December 16, 2022.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Attorney Erek L. Barron commended the DEA and the Prince George’s County Police Department for their work in the investigation and thanked the Baltimore County Police Department for its assistance. Mr. Barron thanked Assistant U.S. Attorney Adam K. Ake and Special Assistant U.S. Attorney Dawn M. Ellison, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Previously Convicted Charles County Felon Sentenced to More Than 11 Years in Federal Prison on Firearms and Drug ChargesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Sean Donnelle Hawkins, age 48, of Marbury, Maryland, yesterday to 138 months in federal prison, followed by five years of supervised release, on charges related to his distribution of cocaine, crack cocaine, and firearms in Charles County, Maryland. During the investigation, Hawkins sold eight firearms to a law enforcement source, including four privately made semi-automatic firearms, known as “ghost guns.” Hawkins must also forfeit and abandon the firearms, ammunition and magazines seized during the investigation.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; and Charles County Sheriff Troy Berry.
As detailed in his guilty plea, Hawkins admitted that on 10 separate occasions from October 2021 to May 2022, he sold cocaine, crack cocaine and/or firearms to law enforcement sources. Between February 18, 2022 and May 24, 2022, Hawkins sold a law enforcement source a total of eight firearms, including four privately made firearms, often referred to as “ghost guns,” and 468 rounds of ammunition. One of the privately made firearms was a semi-automatic pistol and came with a high-capacity magazine capable of receiving 33 rounds of 9mm ammunition and was loaded with 31 rounds of ammunition.
Hawkins knew that he had a previous felony conviction and was prohibited from possessing firearms or ammunition. Hawkins also had reason to believe that the law enforcement source to whom he sold the guns could not lawfully possess firearms and intended to use or dispose of the firearms unlawfully.
A search warrant was executed at Hawkins’ residence on August 3, 2022, and law enforcement recovered a loaded .38 special caliber revolver; a 9mm semi-automatic pistol; two empty firearm magazines; marijuana; a mixture of powder and crack cocaine; 20 green tablets of a mixture of cocaine and oxycodone; white tablets that were found to be of a mixture of cocaine and oxycodone; and one green tablet of oxycodone from a cooler in the house and two shotguns and more than 1,000 rounds of assorted caliber ammunition, as well as $1,264 in cash from other areas in the residence, which Hawkins intended to use to commit or facilitate the distribution of controlled substances. Hawkins possessed the firearms, ammunition, and magazines recovered in the cooler in furtherance of his drug trafficking.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Attorney Erek L. Barron commended the ATF and the Charles County Sheriff’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Bijon A. Mostoufi and Timothy F. Hagan, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Columbia Man Sentenced to Federal Prison for Illegally Exporting Firearms to GhanaRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Eric Nana Kofi Ampong Coker, age 41, of Columbia, Maryland today to 30 months in federal prison, followed by two years of supervised release, for the illegal export of firearms to Ghana.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore; Special Agent in Charge Christopher Dillard of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office (“DCIS”); and Stephen Maloney, Director of Field Operations for the Baltimore Field Office of U.S. Customs and Border Protection (“CBP”).
According to his guilty plea, since 2017 Ampong Coker has purchased at least 81 firearms from three separate Maryland Federal Firearms Licensees (“FFLs”) and in 2019 received Regulated Firearms Collector status through the Maryland State Police, which waived the restriction on the number of firearms he could purchase during a 30-day period. Investigators also determined that prior to 2021 Ampong Coker had shipped passenger vehicles to Ghana.
In May 2021, federal agents surveilled Ampong Coker as he retrieved firearms purchased from one of the FFLs and was then observed at a business that packaged and shipped items from the Port of Baltimore. A shipping vehicle was subsequently seen departing that location on May 27, 2021. On May 29, 2021, Ampong Coker was searched as he was departing the United States from Detroit, Michigan, bound for Ghana. Agents seized foam cutouts used for packaging and securing firearms in gun cases from his luggage.
In early June 2021, HSI and CBP agents identified a shipping container scheduled to depart the Port of Baltimore for Tema, Ghana, on June 14, 2021. The listed contents of the container included a 2018 Toyota Corolla registered to Ampong Coker but did not include any firearms. On June 8, 2021, HSI, ATF, DCIS, CBP and other agents searched the contents of the shipping container. Within the trunk of the 2018 Toyota Corolla, which had Ampong Coker’s name on cardboard on top of the vehicle, the agents found a grey suitcase with five 9mm handguns previously purchased by Ampong Coker secreted in the lining of the suitcase.
Law enforcement authorities identified another shipping container bound for Ghana containing other vehicles associated with Ampong Coker. The vessel on which this container was loaded was intercepted at sea in June 2021, and returned to the Port of Baltimore. On August 25, 2021, this container was searched and six 9mm handguns and 16 9mm pistol magazines were found in the vehicles associated with Ampong Coker.
Ampong Coker admitted that all of the firearms and magazines were identified on the U.S. Department of Commerce Control List, and he had not obtained the required license or written approval to export the weapons to Ghana.
U.S. Attorney Erek L. Barron commended the ATF, HSI, DCIS, and CBP for their work in the investigation. Mr. Barron also thanked Assistant United States Attorney P. Michael Cunningham, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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United States Attorney’s Office for the District of Maryland and Justice Department Civil Rights Division Secure Agreement in Sexual Harassment Lawsuit Against Baltimore County Fire DepartmentRead the Press Release
Baltimore, Maryland – The United States Attorney’s Office for the District of Maryland and the Department of Justice’s Civil Rights Division announced today that they have reached a settlement with Baltimore County, Maryland for significant relief and compensation for victims of sexual harassment. The settlement resolves the Justice Department’s complaint alleging that Baltimore County, through the Baltimore County Fire Department (BCFD), violated Title VII by subjecting several female employees to a hostile work environment based on their sex. Title VII is a federal statute that prohibits employment discrimination based on race, color, national origin, sex, and religion and prohibits retaliation against employees for opposing discriminatory employment practices.
The settlement was announced by United States Attorney for the District of Maryland Erek L. Barron and Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
According to the complaint, filed today in the United States District Court for the District of Maryland, several female employees were subjected to a hostile work environment when a male coworker distributed nude and inappropriate photographs of female BCFD employees to other coworkers, solicited such photographs from coworkers, and posted the photographs on a social media site. The complaint further alleges that BCFD failed to take prompt and appropriate actions to correct the ongoing hostile work environment. As alleged, BCFD failed to promptly and thoroughly investigate the harassment and failed to adequately communicate with the victims as the harassment came to light, perpetuating the hostile work environment that the female employees faced.
“Every workplace should foster respect and dignity for all employees, period,” said U.S. Attorney Erek L. Barron. “Our mission to protect civil rights extends to sexual harassment and employers should be on notice that we will vigorously enforce the laws. We are pleased that Baltimore County has agreed to take comprehensive steps to ensure that their employees feel safe, respected, and valued at their workplace.”
“Women deserve protection from sexual harassment and sex discrimination in the workplace, and this lawsuit and consent decree demonstrate the department’s commitment to that principle,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Like any other employer, fire departments must take prompt and appropriate actions to correct an ongoing hostile work environment. Addressing sexual harassment in the firefighting industry is critical to efforts to bring more women into a profession where they have faced historic rates of exclusion, marginalization and discrimination.”
Under the terms of the consent decree, if approved by the court, BCFD will overhaul its process for investigating complaints of sexual harassment, provide periodic sexual harassment training to its employees, and conduct a workplace climate survey to gather information to aid in efforts to keep the workplace free of harassment. The County will also pay $275,000 to compensate female employees that were harmed by the harassment.
This case stems from a charge of discrimination filed by a Commissioner for the Equal Employment Opportunity Commission’s (“EEOC”) Baltimore office. The EEOC investigated the charge and found reasonable cause that BCFD violated Title VII. After unsuccessful conciliation efforts, the EEOC referred the charge to the Department of Justice.
The Baltimore EEOC Office Director Rosemarie Rhodes added, “Sexual harassment in the workplace too often goes uncorrected. Allowing such behavior to go unchecked when it affects one victim of sexual harassment is too much, let alone when it affects at least eleven victims. It’s critical to remind victims that sexual harassment is against the law, they do not have to tolerate it at work, and they are protected when they complain.”
The case is being handled by Assistant U.S. Attorney Sarah Marquardt of the U.S. Attorney’s Office for the District of Maryland and Trial Attorneys Shan Shah and Sharion Scott of the Employment Litigation Section of the Justice Department’s Civil Rights Division.
For more information on the Maryland U.S. Attorney’s Office’s civil rights work, please visit https://www.justice.gov/usao-md/civil-rights.
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Rockville Man Sentenced to Nine Years in Federal Prison for Transportation of Child PornographyRead the Press Release
Greenbelt, Maryland - U.S. District Judge Theodore D. Chuang sentenced Gregory Thomas Clement, age 53, of Rockville, Maryland, yesterday to nine years in federal prison, followed by 15 years supervised release, for transportation of child pornography. Judge Chuang also ordered that, upon his release from prison, Clement must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore.
According to his guilty plea, on May 20, 2022, HSI received information from an international law enforcement agency about an individual who was using an encrypted chat application discussing a sexual interest in children. Investigation revealed that the individual was Clement and on August 12, 2022, CBP Officers in Chicago conducted an outbound border search of Clement as he was boarding a plane to Japan. After being advised of his rights, Clement provided agents with his phone, which revealed several images documenting his sexual abuse of a minor victim. Law enforcement also conducted a search of Clement’s residence and a subsequent forensic analysis of several seized electronic devices recovered child pornography images and videos.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended HSI for its work in the investigation and thanked U.S. Customs and Border Protection for its assistance. Mr. Barron thanked Assistant U.S. Attorneys Leah B. Grossi and Darren S. Gardner, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Co-Owner of Media Brokerage Firm Pleads Guilty to Filing a False Tax ReturnRead the Press Release
A former Maryland woman pleaded guilty today to filing a false tax return.
According to court documents and statements made in court, Susan K. Patrick, now a resident of Cody, Wyoming, co-owned a media brokerage firm with her husband and hired an accounting firm to prepare business and personal tax returns for 2012 through 2014. Despite receiving the completed and accurate tax returns from the accounting firm, Patrick did not file them with the IRS. After the IRS contacted Patrick and requested that she file the unfiled returns, Patrick lied to the IRS, claiming that her accounting firm had timely filed the returns and that she would provide copies of those returns.
Patrick did not provide copies of the accurate returns that had in fact been prepared by her accounting firm. Instead, Patrick doctored the business returns, removing $10,000,000 in gross receipts earned by her brokerage firm, and altered the personal returns by removing over $9,500,000 in income that she and her husband had earned from 2012 through 2014. Patrick also falsely backdated her signature on each tax return to make it appear as if the returns had been timely signed and mailed these falsely doctored documents to the IRS, hoping to evade paying the full amount of taxes she owed.
In addition, Patrick failed to timely file business and individual returns for 2015, which she had also hired the accounting firm to prepare, nor did she pay the tax due and owing for the individual return.
In total, Patrick sought to evade more than $2,500,000 in taxes.
Patrick faces a maximum statutory penalty of three years in prison. She also faces a term of supervised release, monetary penalties, and restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Erek L. Barron for the District of Maryland made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief Thomas F. Koelbl and Trial Attorney Matthew L. Cofer of the Tax Division are prosecuting the case.
Maryland Man Pleads Guilty to Issuing Threats of Violence to an LGBTQI+ Advocacy GroupRead the Press Release
A Maryland man pleaded guilty in a U.S. District Court in Baltimore to a federal crime for using a telephone to threaten a group that advocates for LGBTQI+ people.
According to court documents, on the evening of March 28, the victim organization received a threatening voicemail from Adam Michael Nettina, 34, of West Friendship. The message referenced a mass shooting that had happened the day before at a school in Nashville, Tennessee, involving multiple shooting fatalities, where the perpetrator was a transgender woman. During the call to the advocacy organization on March 28, Nettina made multiple threats, including, “…We’ll cut your throats. We’ll put a bullet in your head….You’re going to kill us? We’re going to kill you ten times more in full.”
Nettina admitted to leaving the threatening voicemail and to targeting his victims because of their actual and perceived gender, gender identity and sexual orientation.
“Bias-motivated threats of violence terrorize entire communities and have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will not stand by idly when the LGBTQI+ community faces bias-motivated threats of violence. The Justice Department will continue to investigate and prosecute individuals who commit unlawful acts of hate in our country.”
According to court documents, Nettina also admitted to sending messages to state delegates in two prior incidents. On Oct. 15, 2022, Nettina emailed a Virginia state delegate who had advocated, in an interview published two days earlier, for the prevention of abuse towards transgender children. Nettina wrote, in part, “You are a terrorist. You deserve to be shot and hung in the streets. You want to come after people? Let’s go bitch.” On Nov. 8, 2022, Nettina sent Facebook messages to a Maryland state delegate who had previously posted his support for the transgender community. Nettina wrote, in part, “Better watch out[.] Baby killing terrorist. Enjoy hell[.] You’re going sooner than you think.”
“You have the right to your own opinions, but you don’t have the right to threaten the lives of those who disagree with you,” said U.S. Attorney Erek L. Barron for the District of Maryland. “We’ll continue prosecuting these threats to the fullest extent of the law.”
“The defendant in this case attempted to terrorize the LGBTQI+ community by calling in multiple threats of violence to a local advocacy group,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will not tolerate these acts of hate, and we remain committed to investigating civil rights violations and keeping our communities safe and free from fear.”
Nettina faces a maximum penalty of five years in prison for interstate communications with a threat to injure. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Baltimore Field Office investigated the case.
Assistant U.S. Attorney Paul E. Budlow for the District of Maryland and Trial Attorney Tara Allison of the Civil Rights Division’s Criminal Section are prosecuting the case.
Howard County Man Pleads Guilty for Threatening an LGBTQI+ Advocacy GroupRead the Press Release
Baltimore, Maryland – Adam Michael Nettina, age 34, of West Friendship, Maryland, pleaded guilty today to using the telephone to threaten a group that advocates for LGBTQI+ people. As part of his plea agreement, Nettina also admitted sending messages to Maryland and Virginia state delegates due to their statements in support of transgender people.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
“You have the right to your own opinions, but you don’t have the right to threaten the lives of those who disagree with you,” said United States Attorney for the District of Maryland, Erek L. Barron. “We’ll continue prosecuting these threats to the fullest extent of the law.”
“Bias-motivated threats of violence terrorize entire communities and have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to investigate and prosecute individuals who commit unlawful acts of hate in our country.”
“All Americans should be able to go about their daily lives without fear and without threats of violence,” said Special Agent in Charge Thomas J. Sobocinski of the FBI’s Baltimore Field Office. “Protecting the American people is the FBI’s number one priority and we remain committed to protecting the rights of all Americans. We urge members of the public to notify law enforcement about threats of violence or if they have any concerns.”
According to court documents, on the evening of March 28, 2023, the victim organization received a threatening voicemail from a phone number, which investigators identified as belonging to Adam Michael Nettina. The message referenced the March 27, 2023, mass shooting at a school in Nashville, Tennessee, involving multiple shooting fatalities, where police identified the perpetrator as a transgender woman. During the call, numerous threats were made including, “ . . . We’ll cut your throats. We’ll put a bullet in your head . . . . You’re going to kill us? We’re going to kill you ten times more in full.” Nettina admitted that he left this voicemail for the purpose of issuing a threat and with the knowledge that the voicemail would be viewed as a threat. Further, Nettina intentionally selected the advocacy organization as a target of his message because of the actual and perceived gender, gender identity, and sexual orientation of the people who work at and are assisted by the organization.
As detailed in his plea agreement, on March 31, 2022, a Maryland State Delegate posted a message of support on social media in honor of Trans Day of Visibility. Nettina responded on social media later that same day, which stated, among other things, that he had “begun the formal process of getting you excommunicated . . . ” from the Catholic Church. On November 8, 2022, the delegate was reelected. Nettina sent the delegate another message on social media, stating: “ . . . Baby killing terrroist. Enjoy hell You’re going sooner than you think.”
Finally, as outlined in the court documents, on October 13, 2022, an online news story was published about an interview a Virginia State Delegate gave in which she advocated for the prevention of abuse towards transgender children. Two days later, on October 15, 2022, Nettina used the internet to send an email to the delegate’s press email account, stating: “The delegate is a terrorist. You are a terrorist. You deserve to be shot and hung in the streets. You want to come after people? Let’s go b**ch.” Nettina also sent a similar message to another email address of the delegate two minutes later. Nettina intentionally selected the delegate and her campaign staff as the recipient of his email because of the actual and perceived gender, gender identity, and sexual orientation of the people and constituents for whom the delegate had expressed support.
Nettina faces a maximum sentence of five years in federal prison for making threats transmitted by interstate communications. U.S. District Judge George L. Russell, III has scheduled sentencing for Nettina on November 3, 2023, at 9:30 a.m.
United States Attorney Erek L. Barron and Assistant Attorney General Kristen Clarke commended the FBI for its work in the investigation. Mr. Barron and Ms. Clarke thanked Assistant U.S. Paul E. Budlow and Trial Attorney Tara Allison of the Justice Department’s Civil Rights Division, who are prosecuting the federal case.
The U.S. Attorney’s Office for the District of Maryland (USAO-MD) is launching the national Department of Justice initiative, United Against Hate, this spring. Together with our local partners, USAO-MD’s United Against Hate campaign will empower local residents and communities to combat unlawful acts of hate, stand against racism and discrimination and alter the course of growing intolerance.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Former University Financial Advisor Sentenced to Four Years in Federal Prison for Scheme to Fraudulently Obtain More Than $5 Million in Student LoansRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Randolph Stanley, age 44, of Lexington Park, Maryland, yesterday to four years in federal prison, followed by three years of supervised release, for conspiracy to commit wire fraud. Judge Chuang also ordered that Stanley must pay restitution in the full amount of the victims’ losses, which is at least $5,648,238, the outstanding balance on all federal student loans that Stanley obtained on behalf of himself and others as part of the scheme.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge Terry Harris of the U.S. Department of Education, Office of Inspector General (DOE-OIG) Eastern Regional Office; and Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office.
As detailed in court documents and his plea agreement, from about 2006 until approximately 2021, Stanley and his co-conspirators engaged in a scheme to defraud the U.S. Department of Education. Specifically, Stanley, was employed as a Financial Advisor at University 1, headquartered in Adelphi, Maryland, and his co-conspirators recruited over 60 individuals (“Student Participants”) to apply for and enroll in post-graduate programs at more than eight academic institutions, including University 1 and University 2 (“the Schools”). Stanley and his co-conspirators told Student Participants that they would assist with the coursework for these programs, including completing assignments and participating in online classes on behalf of the Student Participants, in exchange for a fee. As a result, the Student Participants fraudulently received credit for the courses, and in many cases, degrees from the Schools, without doing the necessary work.
Stanley also admitted that he and his co-conspirators directed the Student Participants to apply for federal student loans. Many of the Student Participant were not qualified for the programs to which they applied. Student Participants, as well as Stanley himself, were awarded tuition, which went directly to the Schools and at least 60 Student Participants also received student loan refunds, which the Schools disbursed to Student Participants after collecting the tuition. Stanley, as the ringleader of the scheme, kept a portion of each of the students’ loan refunds.
United States Attorney Erek L. Barron commended the DOE-OIG, Defense Criminal Investigative Service, and the Defense Contract Audit Agency Office of Inspector General for their work in the investigation. Mr. Barron thanked Special Assistant United States Attorney Peter Cooch and Assistant U.S. Attorney Leah Grossi, who handled the sentencing.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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United States Attorney Erek L. Barron Announces that the Maryland United States Attorney’s Office Continues the Fight Against Fraud, Waste and Abuse Related to the COVID-19 PandemicRead the Press Release
Baltimore, Maryland – Erek L. Barron, the United States Attorney for Maryland, announced that the U.S. Attorney’s Office continues to prioritize the investigation and prosecution of fraud, waste and abuse relating to pandemic relief enacted by Congress, including fraud involving the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. Attorney General Merrick B. Garland previously selected the Maryland U.S. Attorney’s Office to help lead the U.S. Justice Department’s response to COVID-19 fraud, along with U.S. Attorney’s Offices in California and Miami, Florida.
On August 23, 2023, the Justice Department announced the results of a coordinated, nationwide enforcement action to combat COVID-19 fraud, including federal criminal charges filed against 371 defendants for offenses related to over $836 million in alleged COVID-19 fraud. Deputy Attorney General Lisa Monaco also announced the formation of additional Strike Forces in the New Jersey and Colorado U.S. Attorney’s Offices.
“Maryland’s Strike Force has proven through dedicated resources, partnerships with local, state and federal law enforcement, that those who would steal from American taxpayers are held accountable and our efforts to investigate and prosecute is making a demonstrated difference,” said U.S. Attorney Erek L. Barron. “We cannot, and will not, tolerate those who would take advantage of a global pandemic by stealing funds and defrauding programs intended to help Americans who were suffering during the pandemic.”
Led by senior Assistant United States Attorneys Harry Gruber and Paul Riley as well as specially assigned Fraud and Public Corruption Assistant U.S. Attorneys and support staff, the Maryland Strike Force is one of three Strike Force Teams established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the CARES Act. The Strike Forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The Strike Forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
Since establishing the Maryland COVID-19 Fraud Strike Force in August 2022, the number of pandemic fraud-related criminal investigations and prosecutions has significantly increased. More than 20 defendants have been charged for various offenses with an alleged loss of approximately $40 million. In addition, there are numerous ongoing criminal COVID-19 fraud investigations. Some of our ongoing COVID-19 fraud investigations involve other criminal activity, including those by repeat violent offenders. The Office’s civil enforcement is also quite active, with 19 active civil fraud cases pending with a total of 19 defendants and approximately $30 million in potential loss.
As further commitment to fight pandemic fraud, waste and abuse, the Maryland U.S. Attorney’s Office has also established partnerships with Special Inspector for Pandemic Recovery (SIGPR) General Brian D. Miller. The collaboration with SIGPR allows the U.S. Attorney’s Office and SIGPR to enhance their efforts to combat CARES Act funding fraud, waste and abuse with an emphasis on swift accountability for large-scale and organized fraud schemes. The Maryland U.S. Attorney’s Office has also partnered with the U.S. Department of Labor, Office of Inspector General (DOL-OIG), Office of Investigations. The DOL-OIG partnership includes four DOL-OIG Special Agents working on location in the Maryland U.S. Attorney’s Office, allowing for a quicker response and more comprehensive and coordinated investigations involving CARES Act fraud, waste and abuse and the ability to specifically target suspects of violent crime who are illegally exploiting the CARES Act and other pandemic related programs.
As highlighted below, the Maryland U.S. Attorney’s Office’s efforts to combat COVID-19 related fraud, waste and abuse including schemes targeting the Paycheck Protection Program (“PPP”), Economic Injury Disaster Loan (“EIDL”) program and Unemployment Insurance (“UI”) programs have led to significant results.
Paycheck Protection Program and Economic Injury Disaster Loans Fraud
The PPP and EIDL fraud cases charged federally in Maryland since passage of the CARES Act involve a range of conduct, including many individuals who used shell business entities to fraudulently apply on multiple occasions for benefit funds that they used their personal benefit, such as the purchase of houses, cars, jewelry, high-end electronics and other luxury goods. Some conduct also involves legitimate business owners who inflated their payroll expenses to obtain larger loans than they otherwise would have qualified for, and/or used funds for improper purposes.
For example, in U.S. v. Keon Ball, defendant Ball was sentenced to more than five years in federal prison for a wire fraud conspiracy and aggravated identity theft in relation to multiple identity theft schemes and fraud schemes—including schemes conducted while on probation for a past state fraud conviction and while on pre-trial release in connection with state fraud charges.
Specifically, in June and July 2020, defendant Ball submitted fraudulent PPP loan applications and obtained $256,664 in government-backed PPP funds for purported businesses that did not exist in any legitimate capacity. Included with each application were fraudulent documents, including fabricated Internal Revenue Service forms, that contained false information concerning purported wages paid and purported number of employees of each business. In total, defendant Ball caused a loss of $750,000 and intended losses of over $1,450,000 and used the identifying information of more than 10 victims in connection with his schemes. In addition to his prison sentence, defendant Ball was ordered to pay at least $715,504 in restitution.
Unemployment Insurance Fraud
The CARES Act also expanded states’ ability to provide UI benefits for many workers impacted by the COVID-19 pandemic, including for workers who are not ordinarily eligible for unemployment benefits. Many of the defendants charged in Maryland used the personal identifying information (“PII”) of individuals without their knowledge or permission to fraudulently obtain identity documents and obtain UI benefits.
In U.S. v. Jerry Phillips, twin brothers and co-defendants Jerry and Jaleel Phillips were sentenced to seven years and 30 months in prison, respectively, and were ordered to pay more than $1 million in restitution, for a wire fraud scheme to fraudulently obtain more than $1 million in PPP and EIDL loans, and UI benefits. Defendant Jerry Phillips also pleaded guilty to aggravated identity theft and possession of a machine gun. The Phillips brothers admitted that they created and used fictitious aliases, used the personal identifying information of real people, and used defunct corporate entities or new business entities with no actual business operations to repeatedly obtain EIDL and PPP loans, and UI benefits. Law enforcement also recovered four “ghost guns” during a search of the Phillips’ residence that defendant Jerry Phillips had purchased online. Defendant Jerry Phillips illegally modified one of the ghost guns into a machine gun.
Examples of COVID-19 CARES Act Cases in Maryland
The cases in the chart below highlight that many Maryland U.S. Attorney defendants participated in other fraud schemes, including elder fraud and business email compromise schemes. In addition, a number of defendants possessed illegal firearms, including privately manufactured firearms, commonly called “ghost guns.”
Case
Case number
Program Targeted
Intended Loss to Taxpayer
U.S. v. Reginald Davis**
23-CR-269
PPP
$1,400,000
U.S. v. David Epstein**
23-CR-210
PPP, EIDL
$1,500,000
U.S. v. Denish Sahadevan*
23-CR-191
PPP, EIDL
$2,500,000
U.S. v. Tomeka Glenn and Kevin Davis**
23-CR-027
PPP
$305,854
U.S. v. Ryan E. Dales**
23-CR-026
UI
$25,000
U.S. v. Bearden**
23-CR-023
PPP
$734,609
U.S. v. Mikiyas Kefyalew**
22-CR-382
EIDL
$1,600,000
U.S. v. Yannice Nunez, et. al.**
22-CR-342
PPP
$674,216
U.S. v. Ayaz Qureshi*
22-CR-330
PPP
$250,723
U.S. v. Sherrie Lynne Bryant
22-CR-308
PPP
$419,100
U.S. v. Raissa Kaossele et. al.,**
22-CR-303
EIDL
$475,000
U.S. v. Larry Walker*
22-CR-290
PPP
$262,252
U.S. v. Tyshawna Davis, et. al.,**
22-CR-248
UI
$3,000,000
U.S. v. Alexander Barabash
22-CR-232
PPP
$1,317,352
U.S. v. Dana Hayes, Jr.
22-CR-224
PPP, EIDL
$50,036
U.S. v. Michael Makoge et. al.,*
22-CR-219
UI
$1,600,000
U.S. v. Ahmed Sary**
22-mj-1286
PPP, EIDL
$10,000,000
U.S. v. Ron Elfenbein*
22-CR-146
Medicare
$15,000,000
U.S. v. Mboutchock Kabiwa*
22-CR-109
EIDL, Medicaid
$3,500,000
U.S. v. Jerry Phillips et. al.,
22-CR-073
PPP, EIDL, UI
$1,235,213
U.S. v. Nichelle Henson**
21-CR-470
PPP, EIDL
$1,835,340
U.S. v. Oluwaseyi Akinyemi
21-CR-454
UI
$486,119
U.S. v. Olaolu Alabi
21-CR-413
UI
$1,500,000
U.S. v. Rudolph Elwood Brooks, Jr. *
21-CR-371
PPP
$3,500,000
U.S. v. Gladstone Njokem et. al.,
21-CR-338
UI
$2,700,000
U.S. v. Brandon Fitzgerald-Holley
21-CR-250
PPP
$305,854
U.S. v. Christopher Guy
21-CR-238
UI
$176,970
U.S. v. Medard Ulysse
21-CR-054
UI
$618,767
U.S. v. Idowu Raji
20-CR-369
UI
$1,793,472
U.S. v. Keon Ball et. al.,
20-CR-248
PPP
$1,500,000
*Defendant(s) is pending sentencing
** Defendant(s) indicted. 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.Other COVID-19 Related Fraud Schemes
Additional COVID-19 related cases brought by the Maryland U.S. Attorney’s Office include shutting down fraudulent websites believed to have been used to collect the personal information of individuals visiting the site; the prosecution of health care fraud related to billing of COVID-19 related treatment or testing; and the prosecution of threats against federal officials involved in COVID-19 pandemic policy.
To date, the U.S. Attorney’s Office for the District of Maryland has shut down 17 fraudulent websites which appear to have been used to collect the personal information of individuals visiting the site, in order to use the information for nefarious purposes, including fraud, phishing attacks, and/or deployment of malware. The seized websites were almost identical to the names of authentic U.S. websites, including COVID-19 vaccine manufacturers, retailers, and purported COVID-19 treatment. Several of the seized websites purported to sell vaccines and other treatments for the COVID-19 virus. Often, the fake domains mimicked the stylistic designs and language of the authentic U.S. website. After the seizures, individuals visiting the website see a message that the website has been seized by the federal government and are redirected to another website for additional information.
On August 4, 2023, a federal jury convicted medical doctor Ron Elfenbein for five counts of health care fraud related to the submission of false and fraudulent claims to Medicare and other insurers for patients who received COVID-19 tests at sites operated by the defendant. In total, defendant Elfenbein submitted more than $15 million in claims to Medicare and other insurers for patients who received COVID-19 tests at sites operated by defendant Elfenbein. Sentencing is scheduled for November 7, 2023 at 4:00 p.m.
On August 4, 2022, Thomas Patrick Connally, Jr. was sentenced to 37 months in federal prison for making threats against a federal official, specifically for sending emails threatening harm the then Director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health (NIH). Defendant Connally further admitted to threatening the Assistant Secretary for Health at the U.S. Department of Health and Human Services, as well as a Massachusetts public health official and a religious leader. Defendant Connally admitted that he sent the threats with the intent to intimidate or interfere with the performance of these public officials’ duties and with the intent to retaliate against these government officials for performing their official duties, including discussing COVID-19 and its testing and prevention.
U.S. Attorney Erek Barron recognized the efforts of a wide range of law enforcement partners for their work in COVID-19 related cases, including the DOL-OIG, the IRS-CI, the FBI, SIGPR, the U.S. Postal Inspection Service, Homeland Security Investigations, the U.S. Secret Service, the Department of Defense Office of Inspector General, Defense Criminal Investigative Service, and the Offices of Inspectors General from SBA, Department of Homeland Security, Social Security Administration, Federal Deposit Insurance Corporation, Department of Health and Human Services, and the Department of Veterans Affairs.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
To report a COVID-19-related fraud scheme or suspicious activity, contact the National Center for Disaster Fraud (NCDF) by calling the NCDF Hotline at 1-866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to fight fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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Ohio Man Sentenced to Almost 22 Years in Federal Prison for Driving a Bomb to Carroll County, Maryland with the Intent to Kill a Romantic RivalRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher today sentenced Clayton Alexander McCoy, age 32, of Chesterland, Ohio, to 262 months in federal prison, followed by three years of supervised release, for transporting explosives with intent to injure and to possession of an unregistered firearm/explosive device, in connection with an explosion at a home in Carroll County, Maryland. A resident of the home was the boyfriend of a woman in whom McCoy had a romantic interest. Judge Gallagher also ordered that McCoy pay restitution in the full amount of the loss, which is at least $96,378.38.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Maryland State Fire Marshal Brian S. Geraci; Carroll County Sheriff James T. DeWees; and Carroll County State’s Attorney Haven Shoemaker.
According to his guilty plea and court documents, McCoy built a bomb in his home in Ohio, then drove the bomb to Victim 1’s home in Carroll County, Maryland, intending to kill the victim. McCoy knew the victim and a woman, who was Victim 1’s girlfriend, for a number of years through a live action role-playing battle game/social club. In October 2020 McCoy expressed romantic feelings for the woman, who informed McCoy that she was in a relationship with Victim 1 and did not share McCoy’s romantic feelings.
Following his rejection by Victim 1’s girlfriend, McCoy devised a plan to build and deliver a bomb to Victim 1’s house with the intent to kill Victim 1. McCoy made shrapnel for the inside of the bomb, cutting scrap metal into small, triangular pieces, to increase the deadliness of the pipe bomb when it exploded. McCoy placed the homemade bomb into a white gift box, tied a red ribbon around the box, and armed the firing mechanism so that the bomb would explode when the gift box was opened. McCoy placed the gift box containing the bomb into a larger cardboard box with a shipping label, but no return address.
On October 30, 2020, McCoy drove approximately seven hours from Ohio to Victim 1’s residence and placed the bomb on Victim 1’s front porch just prior to 8:30 a.m. Victim 1’s grandfather saw the package, brought it inside the house and put it on the kitchen counter, where it remained until Victim 1’s return. That afternoon, Victim 1 returned home and saw the cardboard box that was addressed to him. He opened the cardboard box and saw the white gift box inside. Victim 1 texted his girlfriend to ask her if she had sent him a present, then took both boxes into his bedroom to open his “gift” in private. As Victim 1 opened the gift box, the bomb detonated. Victim 1 was struck in the front of his body by shrapnel and sustained injuries to his chest, legs, and front of his body. After being released from the hospital Victim 1 had to use a walker and underwent multiple surgeries. Multiple pieces of shrapnel remain inside Victim 1’s body. The explosion at Victim 1’s residence caused extensive damage to the dwelling and contents, forcing Victim 1 and his grandparents to live elsewhere. The insurance company suffered a loss of $70,061.26 as a direct result of the explosion.
“This case is an excellent example of local, state and federal law enforcement coming together and bringing Mr. McCoy to justice,” said Carroll County Sheriff James DeWees.
United States Attorney Erek L. Barron commended the ATF, the Office of the Maryland State Fire Marshal, the Carroll County Sheriff’s Department, and the Carroll County State’s Attorney’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Baltimore Defendant Pleads Guilty to a Conspiracy to Distribute Large Amounts of FentanylRead the Press Release
Baltimore, Maryland – Dennis Drake, age 26, of Baltimore, Maryland, pleaded guilty yesterday to his role in a conspiracy to distribute fentanyl and heroin in Baltimore.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Field Division; Baltimore City Sheriff Sam Cogen; Acting Commissioner Richard Worley of the Baltimore Police Department; and Chief Robert McCullough of the Baltimore County Police Department.
According to his guilty plea, from October 2020 through March 1, 2021, Drake was engaged in a drug trafficking conspiracy involving large amounts of fentanyl and heroin. Drake and his co-conspirators operated a stash house in Pikesville, Maryland, where they processed fentanyl and other drugs, mixed the drugs with cutting agents, and packaged the drugs for re-sale. Drake’s associates drove the packaged drug products to drug shops operated by their drug trafficking organization, including specifically drug shops along Stricker, School and Gilmor Streets in Baltimore.
On March 1, 2021, law enforcement executed a search warrant at the stash house in Pikesville and recovered 6.8 kilograms of fentanyl, along with cutting agents and other drug-related paraphernalia. Drake admitted that more than 400 grams, but less than 1.2 kilograms of fentanyl was reasonably foreseeable to him and handled in furtherance of the conspiracy. Five co-conspirators previously pleaded guilty to their roles in the conspiracy and were sentenced to between 21 months and 10 years in federal prison.
U.S. District Judge George L. Russell, III has scheduled sentencing for Drake on November 27, 2023, at 9:30 a.m.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Erek L. Barron commended the DEA, the Baltimore City Sheriff’s Office, the Baltimore Police Department, and the Baltimore County Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Jason D. Medinger and Ari Evans, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Glen Burnie Sex Trafficker Sentenced to 19 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Benjamin Lawton, age 42, of Glen Burnie, Maryland, on August 23, 2023, to 19 years in federal prison, followed by 25 years of supervised release, for sex trafficking by force, fraud or coercion, in connection with his sex trafficking and or transportation of eight women to work for him in his prostitution business. Judge Bennett also ordered that, upon his release from prison, Lawton will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA). Judge Bennett also ordered that Lawton must pay restitution to the victims in the full amount of their losses.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Amal E. Awad of the Anne Arundel County Police Department; Colonel Roland L. Butler, Jr., Superintendent of the Maryland State Police; and Anne Arundel County State’s Attorney Anne Colt Leitess.
According to his plea agreement, beginning in at least 2020, Lawton recruited, enticed, transported, advertised, and solicited at least eight victims by force, threats of force, or coercion into engaging in commercial sex acts. Lawton enticed and coerced the victims to travel across state lines to engage in prostitution, transporting the victims himself or paying for airline tickets to transport the victims across state lines to engage in prostitution.
As detailed in the plea agreement, Lawton’s victims were expected to provide Lawton with all the money they made from commercial sex acts and Lawton threatened them with physical harm if they did not follow the rules.
For example, Lawton met Victim 1 through a female friend in March 2021. Eventually, Lawton explained to Victim 1 that she belonged to him, and he took photos for commercial sex ads for both Victim 1 and her friend and taught Victim 1 how to engage in commercial sex acts. Lawton also taught Victim 1 the text codes and rules. When Victim 1 did not use the correct text code after one of her “dates,” Lawton slapped Victim 1 so hard that her eardrum burst. Lawton put Victim 1 into hotel rooms near the BWI airport, around Washington, D.C. and in Northern Virginia, where she engaged in commercial sex and provided all the money she earned to Lawton.
Victim 2 met Lawton in May 2021 through her relationship with Victim 1. Lawton took Victim 2 to hotels in Washington, D.C. and near the BWI airport to engage in commercial sex acts. Victims 1 and 2 were very close, and when Victim 2 failed to perform her date and commercial sex acts in the way Lawton required, Lawton assaulted Victim 1. Lawton also punched Victim 3 in the eye when he found out that she did not give him all the money she earned; Lawton routinely threatened Victim 4, telling her that he would beat her so badly her family wouldn’t recognize her; Lawton threatened to kill Victim 5 and her family if she ever tried to leave; and Lawton assaulted Victim 6, injuring her eye, but refused to let her go to the emergency room or seek medical care for several weeks. Between 2020 and 2022, Lawton deposited almost $100,000 in cash into his bank accounts made from the exploitation and trafficking of his victims.
This case was investigated by law enforcement agencies that are members of the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state, and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.mdhumantrafficking.org/.
United States Attorney Erek L. Barron commended the FBI, the Anne Arundel County Police Department, the Maryland State Police, and the Anne Arundel County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/human-trafficking and https://www.justice.gov/usao-md/community-outreach.
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Father and Son Each Sentenced to More Than 12 Years in Federal Prison for a Drug Trafficking ConspiracyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Scott Anthony Williams, age 45, of Laurel, Maryland and Taeyan Raymond Williams, age 26, of Morgantown, West Virginia to 23 years and 12.5 years in federal prison, respectively, each followed by five years of supervised release, for a drug trafficking conspiracy and for possession with intent to distribute controlled substances. Scott Williams was also convicted for conspiracy to destroy and conceal evidence related to these crimes. At sentencing, Judge Chuang gave the defendants an above guidelines sentence, in part, because he found that, at a minimum, Scott Williams and Taeyan Williams knew of, took advantage of, and profited from the murder of their marijuana supplier.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Colonel Roland L. Butler, Jr., Superintendent of the Maryland State Police; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration (“DEA”), Washington Division; and Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore.
According to the evidence presented at the twelve-day trial, from approximately October 2017 until April 6, 2018, the victim sold and distributed marijuana and marijuana products to Scott Williams (“S. Williams”), Taeyan Williams (“T. Williams”), their family members, and associates. The defendants sold the products received from the victim to other distributors for resale and to end drug users. The defendants also sold and distributed cocaine to the victim for further distribution. As a result of various transactions between the defendants and the victim, T. Williams and members of his family, including S. Williams, became indebted to the victim. According to witness testimony, on April 6, 2018, the victim planned to meet with T. Williams and S. Williams to discuss the debt that they owed to the victim, and to provide the defendants with marijuana and marijuana products.
As detailed in trial testimony, shortly before that meeting, the victim’s supplier in California had a large shipment of marijuana and marijuana products delivered to the victim’s storage unit in Jessup, Maryland. Trial evidence showed that on April 5, 2018, and April 6, 2018, the victim retrieved controlled substances from his storage unit in Jessup, Maryland and stayed at a short-term rental property in Baltimore, Maryland. On the afternoon of April 6, the victim traveled from Baltimore to Laurel, Maryland, where S. Williams lived. Location data reflects that at 1:32 p.m., the victim was approximately 1.5 miles from Scott Williams’ residence. On April 6, 2018, at approximately 1:52 p.m., the victim saved a note to a ledger and accounting of marijuana that the victim sold to T. Williams and monies paid or owed from him, which the victim maintained in his email account.
The government presented evidence that on April 7, 2018, conspirators drove the victim’s vehicle to a Baltimore parking lot where they parked the vehicle, cleaned it, and then drove away in S. Williams’s rented car. The victim’s DNA and blood were later recovered from the rear bumper, lift gate, passenger side door frame, and trunk carpeting of the victim’s abandoned vehicle. Further, the evidence showed that between 8:37 p.m. on April 6, 2018, and 8:31 p.m. on April 8, 2018, someone in S. Williams’s rented car used the victim’s PIN number to enter the Jessup storage facility. Between April 8, 2018, and June 6, 2018, the defendants hid the victim’s drugs in S. Williams’ home in Laurel. When law enforcement executed a search warrant at the home on June 6, 2018, they recovered large quantities of marijuana, cocaine, and methamphetamine, as well as four firearms: a 9mm handgun; a 7.62 caliber-rifle; a .38 caliber handgun; and a .25 caliber handgun. A copy of the victim’s ledger was also found under S. Williams’ bed in the home. The body of the victim was never located.
During sentencing, Judge Chuang found that the death of the victim was connected to the drug conspiracy for which S. Williams and T. Williams were convicted; that the defendants knew of the killing of the victim; and that the defendants took advantage of the situation by taking the victim’s marijuana and profiting from it.
Finally, the evidence also proved that between June 6, 2018, and his initial appearance on federal charges in January 2019, S. Williams sought to conceal and destroy evidence related to the ongoing investigation, including by asking an associate to delete information from his electronic storage account and phone.
United States Attorney Erek L. Barron commended the Maryland State Police, the DEA, and HSI for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Leah B. Grossi, William D. Moomau, and Michael C. Hanlon who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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Baltimore Felon Pleads Guilty to Committing a Series of Armed Commercial RobberiesRead the Press Release
Baltimore, Maryland – Joseph Dinkins, age 40, of Baltimore, Maryland, pleaded guilty today to committing an armed commercial robbery.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation (“FBI”), Baltimore Field Office; and Acting Commissioner Richard Worley of the Baltimore Police Department (“BPD”).
According to his guilty plea, on November 18, 2020, February 15, 2021, and February 17, 2021, the defendant committed four armed robberies or attempted armed robberies of Family Dollar stores, three of which occurred at the same store. In each robbery, the defendant demanded cash from a store employee, showing or implying that he had a weapon, and left the store with the cash register.
As detailed in the plea agreement, in the second robbery committed on February 17, 2021, when Dinkins pulled out a weapon and demanded money from the employee, the employee ran outside. Dinkins then grabbed the entire cash register and left the store. But when he got outside, the employee had told individuals outside that the store was being robbed and the individuals attacked Dinkins. Aerial surveillance saw the fight and called for backup. When BPD officers arrived, the Family Dollar employees informed them that Dinkins had robbed the store. Several officers also recognized Dinkins as being wanted for a robbery committed at a different Family Dollar store earlier that day.
A subsequent review of the surveillance footage from all four robberies identified Dinkins as the individual in each video.
Dinkins and the government have agreed that, if the Court accepts the plea agreement, Dinkins will be sentenced to 100 months in federal prison. U.S. District Judge Ellen L. Hollander has scheduled sentencing for November 28, 2023, at 10:00 a.m.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Attorney Erek L. Barron commended the FBI and the BPD for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney John W. Sippel, Jr., who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Former Baltimore County Police Officer Sentenced to 18 Months in Federal Prison for Accepting Bribes in Exchange for Firearms Training CertificationsRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced William R. Johnson, Jr., age 34, of Baltimore, Maryland, yesterday to 18 months in federal prison, followed by two years of supervised release, for a federal charge of honest services wire fraud, for seeking and accepting bribes and kickbacks, totaling at least $16,804, to falsely certify that applicants for Maryland handgun qualifying licenses (HQL) and wear and carry permits (CCW) had completed the required training. Judge Bennett also ordered that Johnson must pay a money judgment of at least $16,804, representing the proceeds he obtained from the scheme.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Robert McCullough of the Baltimore County Police Department.
As detailed in court documents, Johnson joined the Baltimore County Police Department and later obtained a qualified handgun instructor certificate from the Maryland State Police. According to his guilty plea, from May 2019 through September 2021, Johnson solicited and accepted bribes and kickbacks from applicants seeking certain licenses in exchange for Johnson falsely certifying to the Maryland State Police that the applicant had completed the training required by law. In conversations with the applicants, Johnson made clear that once they paid the money, Johnson would send them the required documentation and they did not need to attend the required classes.
United States Attorney Erek L. Barron commended the FBI and the Baltimore County Police Department for their work in the investigation and thanked Homeland Security Investigations Baltimore, and the Maryland State Police for their assistance. Mr. Barron thanked Assistant U.S. Attorney Christine Goo, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Baltimore Man Facing Federal Indictment for Sexual Exploitation of a Minor to Produce Child Pornography and for Possession of Child PornographyRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Christopher Kenji Bendann, age 39 of Baltimore, with five counts of sexual exploitation of a minor and with possession of child pornography. The indictment was returned on August 16, 2023, and unsealed today upon Bendann’s arrest.
The defendant had his initial appearance today in U.S. District Court in Baltimore. U.S. Magistrate Judge Brendan Hurson ordered that Bendann be detained pending a detention hearing scheduled for Monday, August 21, 2023, at 10:00 a.m. The detention hearing will be held in U.S. District Court in Baltimore before U.S. Magistrate Judge J. Mark Coulson.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron: Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Robert McCullough of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to the six-count indictment, between September 16, 2017, and February 9, 2019, the defendant persuaded, induced, enticed, and coerced a minor victim to engage in sexually explicit conduct so that a visual depiction of that conduct could be produced and transmitted. Further, the indictment alleges that Bendann possessed child sexual abuse material between September 1, 2017, and January 23, 2023.
If convicted, Bendann faces a mandatory minimum sentence of 15 years and a maximum sentence of 30 years in federal prison for each of the five counts of sexual exploitation of a minor and a maximum of 10 years in federal prison for possession of child pornography. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI, the Baltimore County Police Department and the Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who is prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Baltimore Man Sentenced to 26 Years in Federal Prison for Three Robberies Committed at GunpointRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher today sentenced Keith Poynter, Jr., age 29, of Baltimore, Maryland, to 26 years federal prison, followed by five years of supervised release, for a robbery conspiracy, three counts of commercial robbery, conspiracy to use a firearm in furtherance of a crime of violence, two counts of using and brandishing a firearm during and in relation to a crime of violence, and for discharging a firearm during and in relation to a crime of violence. The charges are all related to a series of armed commercial robberies committed in one day, and for discharging his weapon during one of the robberies. A federal jury convicted Poynter of those crimes on April 24, 2023, after a four-day trial.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Acting Commissioner Richard Worley of the Baltimore Police Department; and Chief Robert McCullough of the Baltimore County Police Department.
According to court documents and evidence presented during his trial, Poynter conspired with others, including Benjamin Bunn, Jr. and Tiffany Gardner, to rob businesses in Baltimore City and Baltimore County. Specifically, on December 6, 2019, Poynter and another man robbed a jewelry store in the 200 block of N. Howard Street. The evidence showed that the other robber placed a machete in the door to prevent it from locking. Poynter brandished a weapon and struck a glass countertop, causing the gun to fire. Poynter then fired two more shots into another glass case and removed jewelry and other merchandise, all in the presence of store employees. Poynter and the other man then got into a silver Acura TL, which was occupied and operated by Bunn and Gardner and left the area.
A short time later, Poynter entered a jewelry store in the Security Square Mall in Baltimore County, approached a store employee, brandished a handgun, and demanded jewelry. After taking the jewelry, Poynter left the store and got back into the silver Acura TL, where Bunn and Gardner waited. The group then left the area. Approximately two hours later, Poynter entered a pawn shop in the 6600 block of Reisterstown Road, brandished a firearm, demanded jewelry, and threatened to shoot a customer. Poynter took jewelry and other merchandise and left the store, again entering the silver Acura TL where Bunn and Gardner waited.
Benjamin Bunn, Jr., age 37, of Baltimore, pleaded guilty to his role in the robberies a few days before trial began and is scheduled to be sentenced on September 6, 2023. Tiffany Gardner, age 27, of Baltimore, also pleaded guilty and was sentenced to five years in federal prison.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Attorney Erek L. Barron commended the FBI, the Baltimore Police Department and the Baltimore County Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney John W. Sippel, Jr., who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Thurmont Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
Baltimore, Maryland – Jose Alexander Diaz-Rodriguez, age 23, of Thurmont, pleaded guilty today sexual exploitation of a child, after he broke into his neighbor’s home and took sexually explicit photographs of a child.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Greg Eyler of the Thurmont Police Department; Chief Jason Landon of the Frederick Police Department; and Frederick County State’s Attorney J. Charles Smith, III.
According to his guilty plea, on July 26, 2021, Diaz-Rodriguez broke into his neighbor’s home and entered the bedroom where Jane Doe 1 and Jane Doe 2 were sleeping. Diaz-Rodriguez got into bed with Jane Doe 1, who was eight years old, and produced a series of four images intending to create sexually explicit images of Jane Doe 1. DNA from Diaz-Rodriguez was found on swabs from Jane Doe 1.
Jane Doe 1’s mother heard a noise and went into the room where she found Diaz-Rodriguez on the ground next to the bed. Diaz-Rodriguez fled and was arrested a short time later at his residence. A search warrant executed at his residence and his cell phone was seized. A forensic examination of the phone located over 1,000 files depicting the sexual abuse of children, including the four images of Jane Doe 1, which Diaz-Rodriguez had deleted prior to police arrival.
Diaz-Rodriguez further admitted that he distributed child sex abuse material on his social media account, specifically an image documenting the sexual abuse of a child.
As part of his plea agreement, upon his release from prison, Diaz-Rodriguez will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).
Diaz-Rodriguez and the government have agreed that, if the Court accepts the plea agreement, Diaz-Rodriguez will be sentenced to 18 years in federal prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for November 20, 2023 at 2:30 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI, the Thurmont Police Department, the Frederick Police Department and the Frederick County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow and Special Assistant U.S. Attorney Joyce King, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Cecil County Man Sentenced to 50 Years in Federal Prison for His Repeated Sexual Abuse of a ChildRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett today sentenced Lawrence Aquilla Colby, IV, a/k/a “Buddy,” age 35, of Elkton, Maryland, yesterday to 50 years in federal prison, followed by lifetime supervised release, for his participation in a conspiracy to sexually abuse a child from the age of approximately four months to two years old, for producing and receiving images documenting the sexual abuse of the child, and for possession of child pornography.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Cecil County State’s Attorney James Dellmyer; and Cecil County Sheriff Scott Adams.
At his plea hearing, Colby admitted that he and his co-conspirator, Summer McCroskey, sexually abused a child, starting at the time the victim was approximately four months of age through at least October 2021, when the victim was two years old, and produced videos and images of the abuse. Both Colby and McCroskey participated in the abuse. Additionally, Colby received files documenting the sexual abuse of the child, which were sent to him by McCroskey.
On May 18, 2023, Judge Bennett sentenced co-defendant Summer McCroskey, age 25, also of Elkton, to 80 years in federal prison for her role in the conspiracy.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI, the Cecil County State’s Attorney’s Office and the Cecil County Sheriff’s Office for their work in the investigation and thanked Assistant U.S. Attorneys Paul E. Budlow and Colleen E. McGuinn who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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After a Six-Day Trial, Federal Jury Convicts Holy Health Care Services, LLC Program Administrator for a Health Care Fraud SchemeRead the Press Release
Greenbelt, Maryland – A federal jury yesterday convicted Lambert Mbom, age 50, of Riverdale, Maryland, for conspiracy to commit health care fraud and wire fraud and for conspiracy to make false statements relating to health care matters in connection with a scheme to fraudulently bill Medicaid. The defendant’s conviction stems from a scheme involving services purportedly provided by Holy Health Care Services, LLC (“Holy Health”), a mental health services provider with locations in Washington, D.C. The jury acquitted Mbom of conspiring to violate the Anti-Kickback Statute.
The guilty verdict was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge David Geist of the FBI Washington Field Office’s Criminal and Cyber Division; Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services (“HHS OIG”); and Daniel W. Lucas, Inspector General for the District of Columbia.
According to evidence presented at Mbom’s six-day trial, he was a program administrator at Holy Health. Holy Health entered into Medicaid Provider Agreements with the District of Columbia’s Department of Health Care Finance (“DHCF”), to provide healthcare services to D.C. Medicaid recipients and was certified by the District of Columbia’s Department of Behavioral Health (“DBH”) to provide mental health services as a freestanding clinic and as a Mental Health and Rehabilitation Services (“MHRS”) provider. As a certified MHRS provider, Holy Health had authority to provide and bill for a variety of mental health services including “community support” – a service for which community support workers (“CSWs”) provide rehabilitative and educational support to mental health patients both in clinical settings and in the community.
According to evidence presented at trial, Mbom and his co-conspirators paid to Medicaid beneficiaries to induce the beneficiaries to visit Holy Health for mental health services. As detailed in trial testimony, Mbom and his co-conspirators caused claims to be submitted by Holy Health to Medicaid for services, including community support services, purportedly provided to Medicaid beneficiaries.
As detailed in trial testimony, Mbom and his co-conspirators paid individuals to come into the office and then used their personally identifiable information (“PII”) to bill Medicaid for services that were not rendered or were not rendered as billed. The evidence proved that Mbom made up fake Holy Health employees who were purportedly Community Support Workers so that he could bill Medicaid for services provided by these fake employees. Witnesses testified that during the investigation, sources posing as mental health patients were sent to Holy Health to obtain community support services. Not only did the sources not receive the services as billed, but Holy Health billed for CSW services for those patients for visits that never happened.
Mbom faces a maximum sentence of 20 years in federal prison for conspiracy to commit wire fraud and health care fraud; and a maximum of five years in federal prison for conspiracy to make a false statement regarding health care matters. U.S. District Judge Paula Xinis has not yet scheduled sentencing.
The owners of Holy Health, Julius Bakari, age 45, and Mboutchock Kabiwa a/k/a “Eugenie Bakari” or “Eugenie Kabiwa,” age 45, both of Silver Spring, Maryland, previously pleaded guilty to conspiracy to commit health care fraud in connection with a scheme to pay bribes and kickbacks to Medicaid beneficiaries to induce the beneficiaries to visit their company. Judge Paula Xinis has scheduled sentencing for Bakari on November 6, 2023 at 11:00 a.m. and for Kabiwa on November 21, 2023 at 10:00 a.m.
United States Attorney Erek L. Barron commended the FBI, the HHS OIG, and the District of Columbia Office of Inspector General’s Medicaid Fraud Control Unit for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Christopher M. Sarma, Jessica C. Collins, and Megan S. McKoy, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Baltimore Man Pleads Guilty to Discharge of a Weapon Resulting in Death Related to a Murder-For-HireRead the Press Release
Baltimore, Maryland – Tyrik Braxton, a/k/a “Son-Son,” age 25, of Baltimore, Maryland, pleaded guilty today to discharge of a firearm during a crime of violence resulting in death, in connection with a murder-for-hire conspiracy.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Baltimore Field Division; Chief Gregory Der of the Howard County Police Department (“HCPD”); and Howard County State’s Attorney Rich Gibson.
According to the plea agreement, on October 4, 2020, Howard County Police responded to a shooting in the area of Basket Ring Road in Columbia. Victim Juan Ross was found shot and killed at the scene. Braxton admitted that he accepted money and assisted the co-conspirators who shot the victim, knowing that the victim was going to be killed.
As detailed in the plea agreement, a co-conspirator accused Juan Ross, age 23, of Columbia, Maryland, of cooperating with law enforcement, including on a live social media conversation on September 9, 2020, and in text messages. Juan Ross was arrested on drug and weapon charges on September 5, 2020, but was released on bail after being interviewed by police.
Braxton admitted that a co-conspirator solicited him to kill Juan Ross and that he accepted payment from the co-conspirator to commit the murder. As detailed in the plea agreement, the defendant used interstate commerce facilities, specifically cellular telephones and a vehicle, in the commission of the murder-for-hire.
According to court documents, on October 4, 2020, after a text message exchange about the address where they could find the victim, Braxton, co-defendant Daquante Thomas and another co-conspirator drove to the area of Basket Ring Road in Columbia to locate Juan Ross. After locating the victim, they drove to a drug store nearby, where Braxton got out of the car. As detailed in Daquante Thomas’s plea agreement, he and the other co-conspirator then returned to the area of Basket Ring Court, shot and killed Juan Ross and drove away together.
On November 20, 2020, HCPD executed a series of search warrants, including at Braxton’s residence, where Braxton was arrested. Law enforcement recovered a .45-caliber handgun with magazine and ammunition under the mattress in Braxton’s bedroom; a blue backpack containing $2,134 in cash, located under the bed and Braxton’s iPhone, located next to the bed. The phone contained photos of Braxton and his co-conspirators and Braxton admitted that they were his co-conspirators in the murder-for-hire of Juan Ross.
Braxton and the government have agreed that, if the Court accepts the plea, Braxton will be sentenced to between 20 and 25 years in federal prison. U.S. District Judge Julie R. Rubin has scheduled sentencing for November 8, 2023, at 2:00 p.m.
On January 11, 2023, Judge Rubin sentenced co-defendant Daquante Thomas, age 20, of Baltimore, to 35 years in federal prison for discharge of a firearm during a crime of violence resulting in death. Thomas admitted that he was one of the shooters.
Co-defendant Jourdain Larose, a/k/a “JBlacc,” age 27, of Ellicott City, Maryland, is charged with a federal murder-for-hire conspiracy, use of interstate commerce facilities in the commission of a murder-for hire and use and discharge of a firearm during a crime of violence resulting in death. He remains detained while he awaits trial. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the ATF, the Howard County Police Department, and the Howard County State’s Attorney’s Office for their work in the investigation and prosecution and thanked the FBI, the Maryland State Police, the Anne Arundel County Police Department, the Baltimore County Police Department, and the Baltimore Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorney Kim Y. Hagan, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Corficolombiana to Pay $80M to Resolve Foreign Bribery InvestigationsRead the Press Release
Corporación Financiera Colombiana S.A. (Corficolombiana), a Colombian financial services institution, has agreed to pay over $80 million to resolve parallel bribery investigations by criminal, civil, and administrative authorities in the United States and Colombia stemming from the company’s involvement in a scheme to pay millions of dollars in bribes to high-ranking government officials in Colombia.
The U.S. Department of Justice’s resolution is coordinated with authorities in Colombia, as well as the U.S. Securities and Exchange Commission (SEC).
According to court documents, Corficolombiana entered into a three-year deferred prosecution agreement (DPA) with the Department in connection with a criminal information filed in the District of Maryland charging the company with conspiracy to violate the anti-bribery provision of the Foreign Corrupt Practices Act (FCPA). Corficolombiana was majority-owned and controlled by Grupo Aval Acciones y Valores S.A., a Colombian holding company and issuer in the United States.
According to court documents, between 2012 and 2015, Corficolombiana conspired to offer and pay more than $23 million in bribes to high-ranking Colombian government officials in order to win a contract to construct and operate a highway toll road known as the Ocaña-Gamarra Extension. Corficolombiana conspired with Odebrecht S.A. (Odebrecht), a global construction conglomerate based in Brazil, to pay bribes to Colombian government officials in the executive and legislative branches and to an executive at Colombia’s state-owned infrastructure agency, in order to win the rights to construct and operate the Ocaña-Gamarra Extension. To carry out the bribery scheme, Corficolombiana caused other entities to enter into fictitious contracts with companies associated with intermediaries that passed along the bribe payments to the Colombian government officials. Ultimately, Corficolombiana earned approximately $28.63 million in profits from the corruptly obtained business.
“Corficolombiana, together with its co-conspirators, agreed to pay more than $20 million in bribes to high-ranking government officials across the Colombian government to win a massive infrastructure project,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “Today’s resolution – the first-ever coordinated with Colombian authorities in a foreign bribery case – reflects the Justice Department’s commitment to working shoulder-to-shoulder with our foreign partners to combat transnational corruption and hold accountable companies that brazenly pay bribes for economic gain.”
“Corficolombiana has acknowledged its role in a significant foreign bribery scheme, and for that it is being held accountable,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Under the DPA, the company is paying a substantial criminal penalty and will continue to cooperate with the United States in criminal investigations relating to this conduct. My office is pleased to be part of this first-ever joint FCPA bribery prosecution with Colombian authorities.”
Pursuant to the DPA, Corficolombiana will pay a criminal penalty of $40.6 million. The Department has agreed to credit up to half of that criminal penalty against money that the company and its subsidiary, Estudios y Proyectos del Sol S.A.S. (Episol), paid to Colombia’s Superintendencia de Industria y Comercio (SIC), for violations of Colombian laws related to the same conduct, so long as the company and Episol drop their appeals of the SIC resolution. In addition, Corficolombiana will pay over $40 million in disgorgement and prejudgment interest as part of a resolution of the SEC’s parallel investigation.
Corficolombiana also agreed to continue cooperating with the Department in any ongoing or future criminal investigations relating to this conduct. In addition, under the agreement, Corficolombiana agreed to continue enhancing its compliance program and providing reports to the Department regarding remediation and the implementation of compliance measures for the term of the DPA.
“Today’s resolution shows that justice has a steep price for those who attempt to bribe foreign government officials,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Schemes like these violate the Foreign Corrupt Practices Act and are an attempt to fundamentally undermine the spirit of economic competition. The FBI is dedicated to protecting the integrity of the global marketplace, which means investigating bribes of any amount, and preventing the corruption of officials at all levels.”
The Department reached this resolution with Corficolombiana based on a number of factors, including, among others, the nature and seriousness of the offense. Corficolombiana received credit for its cooperation with the Department’s investigation, which included (i) timely providing the facts obtained through the company’s internal investigation; (ii) making numerous detailed factual presentations that distilled certain key factual information; (iii) producing documents that the government may not otherwise have had access to in ways that did not implicate foreign data privacy laws; (iv) providing sworn testimony from Colombian criminal and administrative proceedings of relevant witnesses whom the government could not independently interview; (v) proactively identifying information previously unknown to the government; and (vi) collecting and producing voluminous relevant documents and translations, including documents located outside of the United States.
The company promptly engaged in extensive remedial measures including, among other things (i) conducting a root cause analysis of the conduct identified during internal investigations and promptly taking actions to enhance its corporate governance and controls at joint venture entities, as well as improving its oversight of non-controlled joint ventures and investments; (ii) overhauling its compliance program; (iii) enhancing its third-party intermediary risk management process; (iv) implementing a robust process for reporting and investigating allegations of misconduct; (v) establishing a disciplinary process overseen by a cross-functional ethics committee; (vi) conducting testing of its anticorruption compliance program; and (vii) engaging in a periodic review of and updating of its anticorruption compliance program. In light of these considerations, the criminal penalty calculated under the U.S. Sentencing Guidelines reflects a 30% reduction off the bottom of the applicable guidelines fine range.
The FBI’s International Corruption Squad in Miami is investigating the case. The Justice Department’s Office of International Affairs, Colombia’s Superintendencia de Industria y Comercio, and the Fiscalía General de la Nación provided substantial assistance in the matter.
Trial Attorney Michael Culhane Harper of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David I. Salem for the District of Maryland are prosecuting the case.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Corficolombiana pagará $80 millones de dólares estadounidenses para resolver las investigaciones por soborno en el extranjeroRead the Press Release
La Corporación Financiera Colombiana S.A. (Corficolombiana), una institución colombiana de servicios financieros, ha acordado pagar más de $80 millones de dólares estadounidenses para resolver las investigaciones paralelas sobre sobornos realizadas por autoridades penales, civiles y administrativas de los Estados Unidos y Colombia, derivadas del involucramiento de la empresa en un ardid para pagar millones de dólares en sobornos a altos funcionarios del Gobierno de Colombia.
La resolución del Departamento de Justicia de EE. UU. se coordina con las autoridades de Colombia, así como con la Comisión de Bolsa y Valores (SEC, por su siglas en inglés) de EE. UU.
Según los documentos del tribunal, Corficolombiana firmó un acuerdo de procesamiento diferido (DPA, por sus siglas en inglés) de tres años con el Departamento en relación con una querella penal presentada en el Tribunal de Distrito de Maryland en la que se le imputaba el cargo de asociación delictuosa para violar la disposición contra el soborno de la Ley de Prácticas Corruptas en el Extranjero (FCPA, por sus siglas en inglés). Corficolombiana era propiedad mayoritaria y estaba controlada por el Grupo Aval Acciones y Valores S.A., un holding colombiano y emisor en los Estados Unidos.
Según los documentos del tribunal, entre 2012 y 2015, Corficolombiana se unió en una asociación delictuosa para ofrecer y pagar más de $23 millones de dólares estadounidenses en sobornos a altos funcionarios del gobierno colombiano con el fin de obtener un contrato para construir y operar una autopista de peaje conocida como la Ampliación Ocaña-Gamarra. Corficolombiana se unió en una asociación delictuosa con Odebrecht S.A. (Odebrecht), un conglomerado mundial de la construcción con sede en Brasil, para pagar sobornos a funcionarios del gobierno colombiano de las ramas ejecutiva y legislativa y a un ejecutivo de la entidad de infraestructuras de propiedad estatal de Colombia, con el fin de obtener los derechos para construir y operar la Ampliación Ocaña-Gamarra. Para llevar a cabo el ardid de sobornos, Corficolombiana causó que otras entidades firmaran contratos ficticios con empresas asociadas con intermediarios que pasaban los pagos de sobornos a los funcionarios del gobierno colombiano. En última instancia, Corficolombiana obtuvo aproximadamente $28.63 millones de dólares estadounidenses de ganancias provenientes de los negocios obtenidos de forma corrupta.
“Corficolombiana, junto con sus coconspiradores, acordó pagar más de $20 millones de dólares estadounidenses en sobornos a altos funcionarios del Gobierno colombiano para conseguir un gran proyecto de infraestructuras,” declaró la fiscal general adjunta en funciones Nicole M. Argentieri, de la División Penal del Departamento de Justicia. “La resolución de hoy, la primera coordinada con las autoridades colombianas en un caso de soborno en el extranjero, refleja el compromiso del Departamento de Justicia de trabajar hombro a hombro con nuestros socios extranjeros para combatir la corrupción transnacional y exigir responsabilidades a las empresas que descaradamente pagan sobornos para obtener beneficios económicos”.
“Corficolombiana ha reconocido su papel en un importante ardid de sobornos en el extranjero, y por ello se le exigen responsabilidades,” dijo el fiscal federal del Distrito de Maryland, Erek L. Barron. “En virtud del DPA, la empresa está pagando una importante sanción penal y seguirá cooperando con los Estados Unidos en las investigaciones penales relacionadas con esta conducta. Mi oficina se complace en ser parte de este primer procesamiento conjunto con las autoridades colombianas por sobornos en el marco de la FCPA”.
De conformidad con el DPA, Corficolombiana pagará una sanción penal de $40.6 millones de dólares estadounidenses. El Departamento ha acordado descontar hasta la mitad de esa sanción penal del dinero que la empresa y su filial, Estudios y Proyectos del Sol S.A.S. (Episol), pagaron a la Superintendencia de Industria y Comercio (SIC) de Colombia, por violaciones de las leyes colombianas relacionadas con la misma conducta, siempre que la empresa y Episol desistan de apelar la resolución de la SIC. Además, Corficolombiana pagará más de $40 millones de dólares estadounidenses en concepto de reembolso por daños y perjuicios e intereses como parte de la resolución de la investigación paralela de la SEC.
De conformidad con el DPA, Corficolombiana ha acordado seguir cooperando con el Departamento en cualquier investigación penal en curso o futura relacionada con esta conducta. Además, en virtud del acuerdo, Corficolombiana acordó seguir mejorando su programa de cumplimiento normativo y proporcionar informes al Departamento en relación con la reparación y la aplicación de medidas de cumplimiento normativo durante el término del DPA.
“La resolución de hoy demuestra que la justicia tiene un precio muy alto para quien intenta sobornar a funcionarios de gobiernos extranjeros,” declaró el subdirector Luis Quesada, de la División de Investigaciones Penales del FBI. “Ardides como este violan la Ley de Prácticas Corruptas en el Extranjero y son un intento de socavar fundamentalmente el espíritu de la competencia económica. El FBI se dedica a proteger la integridad del mercado mundial, lo que significa investigar los sobornos de cualquier cuantía y prevenir la corrupción de funcionarios a todos los niveles”.
El Departamento llegó a esta resolución con Corficolombiana basándose en una serie de factores, incluso, entre ellos, la naturaleza y gravedad de la infracción. Corficolombiana recibió crédito por su cooperación con la investigación del Departamento, que incluyó (i) la entrega oportuna de los datos obtenidos a través de la investigación interna de la empresa; (ii) la realización de numerosas presentaciones detalladas de hechos que resumían cierta información clave sobre los hechos; (iii) la presentación de documentos a los que, de otro modo, el gobierno no habría tenido acceso de forma que no implicaran leyes extranjeras de privacidad de datos; (iv) la prestación de testimonio jurado de procedimientos penales y administrativos colombianos de testigos relevantes a los que el gobierno no pudo entrevistar de forma independiente; (v) la identificación proactiva de información previamente desconocida para el gobierno; y (vi) la recolección y producción de voluminosos documentos y traducciones relevantes, incluso documentos ubicados fuera de los Estados Unidos..
La empresa emprendió rápidamente amplias medidas correctoras que incluían, entre ellas (i) la realización de un análisis de las causas profundas de las conductas detectadas durante las investigaciones internas y la pronta adopción de medidas para mejorar su gobierno corporativo y sus controles en las entidades de empresas conjuntas, así como la mejora de su supervisión de las empresas conjuntas e inversiones no controladas; (ii) la revisión de su programa de cumplimiento normativo (iii) la mejora de su proceso de gestión de riesgos de terceros intermediarios; (iv) la aplicación de un proceso sólido para informar e investigar alegatos de mala conducta; (v) el establecimiento de un proceso disciplinario supervisado por un comité de ética interfuncional; (vi) la realización de pruebas de su programa de cumplimiento anticorrupción; y (vii) la realización de una revisión periódica y la actualización de su programa de cumplimiento anticorrupción. A la luz de estas consideraciones, la sanción penal calculada con arreglo a las Directrices sobre sentencias de EE. UU. refleja una reducción del 30% de la parte inferior de la gama de multas establecida.
La Brigada de Corrupción Internacional del FBI en Miami está investigando el caso. La Oficina de Asuntos Internacionales del Departamento de Justicia, la Superintendencia de Industria y Comercio y la Fiscalía General de la Nación de Colombia proporcionaron asistencia sustancial en el asunto.
El fiscal Michael Culhane Harper, de la Sección de Fraude de la División Penal, y el fiscal auxiliar de los EE. UU. David I. Salem para el Distrito de Maryland, están procesando el caso.
La Sección de Fraude de la División Penal se encarga de investigar y procesar los asuntos relacionados con la FCPA. Además, puede obtenerse más información sobre la aplicación de la FCPA por el Departamento de Justicia en www.justice.gov/criminal/fraud/fcpa.
Former Chief Executive Officer of Strong City Baltimore Facing Federal Indictment for Fraudulently Obtaining More Than $1.4 Million in COVID-19 Cares Act LoansRead the Press Release
Baltimore, Maryland – A federal grand jury returned an indictment charging Reginald Davis, age 40, of Baltimore, Maryland, for wire fraud and money laundering relating to the submission of fraudulent COVID-19 CARES Act loan applications. Davis is the former Chief Executive Officer of Strong City Baltimore (“SCB”), established in Maryland in 2015 as a non-profit organization serving individuals, community associations, institutions, and businesses in Baltimore. The indictment was returned on August 3, 2023, and unsealed today upon the arrest of the defendant.
Reginald Davis is expected to have an initial appearance in U.S. District Court in Baltimore at 1:30 p.m. this afternoon.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
“Davis allegedly stole well over one million taxpayer dollars intended to assist those suffering from the effects of the pandemic,” said United States Attorney Erek L. Barron. “It remains a top priority of my office to hold accountable those who took unfair advantage of the COVID-19 pandemic relief.”
“Organizations seeking to better the city of Baltimore entrusted Strong City Baltimore and Reginald Davis to help manage their money,” said Special Agent in Charge Thomas J. Sobocinski of the FBI's Baltimore field office. “Davis is accused of exploiting that trust by orchestrating this unscrupulous scheme and misusing federal CARES Act funds to cover up his criminal behavior. This indictment serves as a message that the FBI and our partners are working hard every day to protect taxpayers.”
“Mr. Davis’s indictment demonstrates IRS Criminal Investigation and our law enforcement partners commitment to holding accountable those who exploited pandemic related programs,” Kareem A. Carter, Acting Special Agent in Charge of the Internal Revenue Service – Criminal Investigation Washington, D.C. Field Office. “We are committed to rooting out pandemic-related fraud and holding accountable anyone seeking to profit from the public health emergency.”
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. Financial assistance offered through the CARES Act included forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program. PPP loan applications were processed and funded by participating lenders with a 100% guarantee by the Small Business Administration (“SBA”).
According to the three-count indictment, in January 2018, Non-Profit 1 entered into a fiscal sponsorship arrangement with SCB under which SCB provided administrative support for Non-Profit 1, including fiduciary services, governance, and funds management. In return, SCB received a regular payment from Non-Profit 1 for services rendered. The parties signed a Memorandum of Agreement that required SCB to deposit funds received on behalf of Non-Profit 1 into a restricted set of funding sources in SCB’s fiscal management system. Non-Profit 3 and Non-Profit 5 entered into similar fiscal sponsorship arrangements with SCB, including an agreement with each non-profit to deposit its funds into a set of restricted funding sources. SCB also had a fiscal sponsorship arrangement with Non-Profit 4 which contained an agreement by SCB to provide services with integrity and responsibility and noted that “funds must be disbursed according to strict IRS [Internal Revenue Service] standards.”
SCB’s Alleged Mismanagement of Non-Profit Client Funds
The indictment further alleges that SCB did not set up restricted funding sources for funds related to Non-Profit 1, Non-Profit 3 or Non-Profit 5, instead depositing those funds into SCB’s general checking account (“the 4885 account”). From August 2016 through December 2019, SCB received funds and improperly used client assets with donor restrictions to fund SCB’s own operating expenses, contrary to its agreement with the clients to safeguard those funds on the clients’ behalf.
For example, on January 24, 2018, Non-Profit 1 transferred approximately $451,866.19 to SCB for fiscal management. SCB entered the full amount of Non-Profit 1’s funds into the 4485 account and did not segregate the funds or make any attempt to ensure that the money was used only for Non-Profit 1. As detailed in the indictment, SCB used these funds to pay general expenses unrelated to Non-Profit 1. In April 2020, Non-Profit 1 merged with Non-Profit 2, a larger Maryland non-profit organization with a similar purpose. SCB provided regular statements of revenue and expenditures to Non-Profit 1 and, after its merger, to Non-Profit 2. These statements listed “ENDING FUND BALANCE” for Non-Profit 1 which were often far greater than SCB’s total assets. For example, on July 31, 2019, SCB reported to Non-Profit 1 that Non-Profit 1 had approximately $653,000 in an “ENDING FUND BALANCE.” But at that time, SCB’s total assets on hand were approximately $286,000. On January 31, 2020, SCB reported that Non-Profit 1 had approximately $827,000 in an “ENDING FUND BALANCE.” At that time, SCB’s total assets on hand was approximately $339,000, a shortfall of over $480,000.
On August 28, 2020, a member of the leadership team of Non-Profit 2 spoke by phone with Davis about ending Non-Profit 2’s fiscal relationship with SCB and creating a payment schedule for SCB to transfer back to Non-Profit 2 its total outstanding funds, which equaled approximately $600,000. Davis agreed that SCB would provide the total outstanding balance to Non-Profit 2 with an initial 25% payment, to be followed by four equal payments that were to be made by January 2021. Davis assured Non-Profit 2’s representative that SCB was able to meet this obligation but needed to manage the disbursements over a longer period of time because of financial demands across SCB’s “portfolio of organizations.” Despite numerous promises by Davis and other SCB employees, by March 2021, SCB had made only one payment to Non-Profit 2 of approximately $319,000 and still owed approximately $610,207.
March 13, 2021 PPP Loan
From January 2021 to March 2021, Davis allegedly submitted six PPP loan applications on behalf of SCB to Bank 1, a participating PPP lender, in order to cover shortfalls in SCB’s accounts that were owed to the fiscally-sponsored organizations. According to the indictment, these shortfalls had arisen because SCB improperly used assets with donor restrictions to pay SCB operating expenses, including salaries to its own employees. Each PPP loan application contained false statements, including varying amounts of average monthly payroll for SCB and the intended use of the loan funds. Davis electronically signed all the applications, certifying that any funds received would be used for allowed purposes. In furtherance of the scheme, Davis also caused SCB to open a new bank account (“the 3365 account”), although no funds were placed in the account. On May 13, 2021, Davis was notified that SCB’s application had been approved.
In anticipation of receiving the PPP loan funds, Davis sent an email to an SCB employee with a list of priorities. Davis allegedly stated, “…Among my list please it should include outstanding AP [accounts payable], outstanding rent and Non-Profit 1, and board member loans.” Payments for board member loans and debt settlement with Non-Profit 1 were not allowable uses of PPP funds.
On March 16, 2021, Bank 1 deposited approximately $1,426,922 in PPP funds into the 4485 account and on March 23, 2021, Davis caused $800,000 to be transferred from the 4485 account to the 3365 account. Prior to the transfer, the 3365 account had a negative balance of approximately $20.00, after being charged a bank fee for not having funds in the account. On March 29, 2021, the full balance of $799,980.00 was transferred from the 3365 account back to 4485 account. That amount represented the $800,000 of PPP loan proceeds minus the $20.00 debit in the 3365 account.
As detailed in the indictment, between March 26, 2021 and April 2, 2021, Davis and SCB used a total of approximately $625,405.64 in PPP loan funds to close out SCB’s fiscal sponsorship arrangement with Non-Profit 2, Non-Profit 3, and Non-Profit 4, all of which had terminated their fiscal sponsorship arrangements with SCB between June and September 2020. On April 9, 2021, $6252.39 was transferred from the 4485 account to Non-Profit 5. Neither Davis nor any other SCB employee informed their former non-profit clients that the funds they received were the proceeds of a PPP loan, or that there were any restrictions on the use of funds.
If convicted, Davis faces a maximum sentence of 20 years in federal prison for wire fraud and a maximum of 10 years in federal prison for each of two counts of money laundering. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Erek L. Barron commended the FBI and IRS-CI for its work in the investigation and thanked the Baltimore City Office of Inspector General for its assistance. Mr. Barron thanked Assistant U.S. Attorneys Aaron S. J. Zelinsky and Joseph L. Wenner, who are prosecuting the case. He also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber and Paralegal Specialist Jenna Lee.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Maryland MS-13 Gang Member Pleads Guilty to Participating in a Racketeering Conspiracy, Including MurderRead the Press Release
Greenbelt, Maryland – MS-13 member Kevin Alexander Castillo Calderon, a/k/a “Fantasma,” “Ghost,” “Eterno,” and “Josue Argueta Gonzalez,” age 25, of Colesville, Maryland, pleaded guilty today to a racketeering conspiracy, including a murder.
The sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.
According to court documents, the La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, as well as throughout the United States. In Maryland and elsewhere, MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang and opens the door to promotion to a leadership position.
According to his plea agreement, Castillo Calderon was a member and associate of Weedams Locos Salvatrucha, (“WLS”), an MS-13 clique operating primarily in Adelphi, Maryland.
As detailed in court documents, on August 8, 2020, WLS members, including Castillo Calderon, WLS leader Brayan Alexander Torres and Franklyn Sanchez, were gathered at a park in Prince George’s County, Maryland. Castillo Calderon, Torres, Sanchez and other WLS members agreed to murder Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. Sanchez and another MS-13 member murdered Victim 4, then WLS members dragged Victim 4’s body to a stream and left it there. Castillo Calderon then picked up a large rock and dropped it on Victim 4’s head. As he was leaving the woods, Sanchez was concerned that his DNA may have been left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, other WLS members were called and ordered to bring shovels to the wooded area, where they dug a hole and buried Victim 4’s body. In addition, at Torres’ direction, Castillo Calderon took the guns used to shoot Victim 4 and Victim 4’s cell phone, put them in a bag he was carrying and disposed of the evidence. Victim 4’s body was later recovered with a bullet wound to the head.
Castillo Calderon was also responsible for collecting extortion payments, or “rents,” from extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury by members of WLS. For example, gang members used baseball bats to impose rents and sometimes collected rent while flashing firearms or otherwise making it known that they were carrying weapons.
Castillo Calderon and the government have agreed that, if the Court accepts his plea, Castillo Calderon will be sentenced to 26 years in federal prison. U.S. District Judge Paula Xinis has scheduled sentencing for November 7, 2023 at 2:30 p.m. Co-defendant Torres, a/k/a “Spooky,” age 29, of Adelphi, Maryland, is expected to be sentenced to 28 years in federal prison at his sentencing on September 13, 2023. Torres will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 4’s estate. On May 19, 2023, Judge Xinis sentenced Franklyn Edgardo Sanchez, a/k/a “Freddy,” “Magic,” “Miclo,” and “Delinquente,” age 26, of Adelphi, Maryland, to 28 years in federal prison and ordered that Sanchez must pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Barron and Assistant Attorney General Polite commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked U.S. Immigration and Customs Enforcement-Enforcement and Removal Operations and the Montgomery County Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorney Joel Crespo, and Trial Attorney Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
# # #Maryland Doctor Convicted After Three-Week Trial for COVID-19 Healthcare Fraud SchemeRead the Press Release
Baltimore, Maryland – A federal jury in Maryland convicted Ron Elfenbein, M.D., age 49, of Arnold, Maryland, for five counts of healthcare fraud for submitting over $15 million in false and fraudulent claims to Medicare and other insurers for patients who received COVID-19 tests at sites operated by the defendant. Elfenbein is the first doctor convicted at trial by the Justice Department for health care fraud in billing for office visits in connection with patients seeking COVID-19 tests.
The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Maureen Dixon for the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office; Special Agent in Charge Thomas Sobocinski for the FBI Baltimore Field Office, and Deputy Assistant Inspector General for Investigations Conrad J. Quarles, Office of the Inspector General (OPM-OIG).
According to the evidence presented at his three-week trial, Elfenbein owned and operated Drs ERgent Care, LLC, d/b/a First Call Medical Center and Chesapeake ERgent Care. Drs ERgent care operated drive-through COVID-19 testing sites in Anne Arundel and Prince George’s Counties. Elfenbein instructed the employees of Drs ERgent Care that, in addition to billing for the COVID-19 test, the employees were to bill for high-level evaluation and management visits. In reality, these visits were not provided to patients as represented. Rather, Elfenbein instructed his employees that the patients were “there for one reason only – to be tested,” that it was “simple and straightforward,” and that the providers were “not there to solve complex medical issues.” Many of these patients were asymptomatic, were getting tested for COVID-19 for their employment requirements, or who were getting tested for COVID-19 so that they could travel. Elfenbein, through Drs ERgent Care, submitted or caused the submission of claims totaling more than $15 million to Medicare and other insurers for these high-level office visits.
Elfenbein faces a maximum sentence of 10 years in federal prison for each of the five counts of healthcare fraud for which he was convicted. Chief U.S. District Judge James K. Bredar has scheduled sentencing for November 7, 2023 at 4:00 p.m.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite commended the HHS-OIG, DCIS, the FBI, and OPM-OIG for their work in the Elfenbein investigation. Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney Matthew P. Phelps and Trial Attorney D. Keith Clouser of the Justice Department’s Fraud Section, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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MS-13 Gang Member Sentenced to Life in Federal Prison for a Racketeering Conspiracy, Including a Murder in MarylandRead the Press Release
Baltimore, Maryland – U.S. District Judge Paula Xinis today sentenced Jose Henry Hernandez-Garcia, a/k/a “Paciente,” age 29, of Annandale, Virginia, to life in federal prison for racketeering and murder in aid of racketeering conspiracies, for committing murder in aid of racketeering, and for conspiracy to destroy and conceal evidence connected to his participation in La Mara Salvatrucha, a transnational criminal enterprise also known as MS-13. The charges related to the murder of a victim believed to be cooperating with law enforcement and the subsequent cover-up of the murder. Hernandez-Garcia was convicted on December 16, 2022, after a two-week trial, along with co-defendants Jose Domingo Ordonez-Zometa, a/k/a “Felon,” age 33, of Landover Hills, Maryland and Jose Rafael Ortega-Ayala, a/k/a “Impaciente,” age 30, of Greenbelt, Maryland.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Acting Special Agent in Charge David Geist of the Federal Bureau of Investigation - Washington Field Office Criminal and Cyber Division; Special Agent in Charge James C. Harris of Homeland Security Investigations, Baltimore Office; Stafford County Sheriff David P. Decatur; Chief Malik Aziz of the Prince George’s County Police Department; and Chief Kevin Davis of the Fairfax County Police Department.
MS-13, one of the largest street gangs in the United States, is a national and international gang composed primarily of immigrants or descendants from El Salvador and other central American countries. Branches or “cliques” of MS-13, operate throughout the United States, including in Maryland, Virginia, and Washington, D.C. Hernandez-Garcia and his co-defendants were members and associates of the Los Ghettos Criminales Salvatruchas (“LGCS” or “Ghettos”) clique of MS-13.
Members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons, at all times, using any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence. One of the principal rules of MS-13 is that its members must attack and kill rivals, often referred to as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to promotion to a leadership position.
According to evidence presented at trial, Ordonez-Zometa, the leader of the LGCS clique, called a meeting of the LGCS clique at his house on March 8, 2019, to discuss gang matters, including recent contacts that a clique member (Victim 1) had with the police. Hernandez-Garcia, Ortega-Ayala, Victim 1, and other MS-13 members participated in the meeting, during which Ordonez-Zometa questioned Victim 1 about his/her cooperation with police.
During the questioning, Hernandez-Garcia, his co-defendants and at least one other MS-13 member assaulted Victim 1, based on their incorrect suspicions that Victim 1 was cooperating with law enforcement. They also assaulted another MS-13 member who attempted to defend Victim 1. The assault culminated with Ordonez-Zometa, as LGCS clique leader, ordering that Victim 1 be killed. Hernandez-Garcia, Ortega-Ayala, and other MS-13 members then stabbed and murdered Victim 1 in Ordonez-Zometa’s basement.
According to trial testimony, after the murder, Ordonez-Zometa ordered Hernandez-Garcia, Ortega-Ayala, and other LGCS clique members and co-conspirators, to conceal and destroy evidence of the murder. Ortega-Ayala and other MS-13 members transported the body of the victim to a secluded location in Stafford County, Virginia, and set the victim’s body on fire, then destroyed and concealed evidence of the murder from the vehicle used to transport the victim. Meanwhile, Ordonez-Zometa, Hernandez-Garcia, and another MS-13 member stayed at the crime scene and attempted to remove, destroy, and conceal evidence of the murder, including the blood of Victim 1.
Ordonez-Zometa was sentenced to life in federal prison on March 6, 2023. Ortega-Ayala also faces a mandatory sentence of life in prison at his sentencing on September 25, 2023.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite, Jr. commended the FBI, HSI, the Stafford County Sheriff’s Office, the Prince George’s County Police Department, and the Fairfax County Police Department for their work in the investigation and thanked the Prince George’s County State’s Attorney’s Office for its assistance. Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney Michael Morgan and Trial Attorneys Jared Engelking and Matthew Hoff of the Justice Department’s Criminal Division Organized Crime and Gang Section, who are prosecuting this case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Four MS-13 Gang Members Sentenced for Racketeering Conspiracy and MurderRead the Press Release
Four men were sentenced in Maryland for their participation in La Mara Salvatrucha, a violent international gang commonly known as MS-13.
Jose Henry Hernandez-Garcia, aka Paciente, 29, of Annandale, Virginia, was sentenced today to life in prison. Agustino Eugenio Rivas Rodriguez, aka Terrible, 26, of Silver Spring, Maryland, was sentenced on Aug. 1 to 16 years in prison. Hernan Yanes-Rivera, aka Recio, 22, of Adelphi, Maryland, was sentenced on July 28 to 22 years in prison. Brian Samir Zelaya Mejia, aka Chispa, 25, of Hyattsville, Maryland, was sentenced on July 25 to six years in prison.
United States v. Jose Domingo Ordonez-Zometa, et al.
According to court documents, Hernandez-Garcia and his co-defendants were members of the Los Ghettos Criminales Salvatruchas (LGCS or Ghettos) clique of MS-13. MS-13 is an international criminal organization composed primarily of individuals from El Salvador or their descendants, with members operating throughout the United States. MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. MS-13 members earn promotions and improved standing within the gang for participating in attacks on rival gang members, often at the direction of MS-13 leadership.
On March 8, 2019, Jose Domingo Ordonez-Zometa, the leader of the LCGS clique, called a LCGS meeting at his house to discuss clique matters, including recent contacts that an LCGS clique member (the victim) had with the police. Hernandez-Garcia, Jose Rafael Ortega-Ayala, the victim, and other MS-13 members participated in the meeting, during which Ordonez-Zometa questioned the victim about cooperating with police.
During the questioning, the MS-13 members assaulted the victim, based on their incorrect suspicions that the victim was cooperating with law enforcement. They also assaulted another MS-13 member who attempted to defend the victim. The assault culminated with Ordonez-Zometa ordering the murder of the victim. Hernandez-Garcia, Ortega-Ayala, and other MS-13 members then murdered the victim by stabbing him in Ordonez-Zometa’s basement.
After the murder, Ordonez-Zometa ordered Hernandez-Garcia, Ortega-Ayala, and other LCGS clique members and co-conspirators to cover up the murder. Ortega-Ayala and other MS-13 members transported the body of the victim to a secluded location in Stafford County, Virginia, and set the victim’s body on fire, and then destroyed and concealed evidence of the murder from the vehicle used to transport the victim. Meanwhile, Ordonez-Zometa, Hernandez-Garcia, and another MS-13 member stayed at the crime scene and attempted to remove, destroy, and conceal other evidence of the murder, including the victim’s blood.
On March 6, Ordonez-Zometa was sentenced to life in prison. Ortega-Ayala is scheduled for sentencing on Sept. 25.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Erek L. Barron for the District of Maryland, Special Agent in Charge Wayne Jacobs of the FBI Washington Field Office’s Criminal Division, Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore Office, Stafford County Sheriff David P. Decatur, Chief Malik Aziz of the Prince George’s County Police Department, and Chief Kevin Davis of the Fairfax County Police Department made the announcement.
The FBI, HSI, the Stafford County Sheriff’s Office, the Prince George’s County Police Department, and the Fairfax County Police Department investigated the case.
Trial Attorneys Matthew Hoff and Jared Engelking of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Michael Morgan for the District of Maryland are prosecuting the case.
United States v. Brayan Torres, et al.
According to court documents, Rivas Rodriguez, Yanes-Rivera, and Zelaya Mejia were members and associates of Weedams Locos Salvatrucha, (WLS), a MS-13 clique operating primarily in Adelphi.
On Feb. 23, 2020, at the direction of MS-13 leaders Brayan Alexander Torres and Agustino Eugenio Rivas Rodriguez, Yanes-Rivera and co-defendant Franklyn Sanchez shot and killed a former WLS member, identified in court records as Victim 1, in retaliation for the victim’s suspected cooperation with law enforcement. In the weeks before the murder, Victim 1 had been in touch with WLS members over social media, text messages, and calls. WLS members told Victim 1 that if he met with gang members to make amends, his cooperation would be forgiven. Victim 1 was instructed to wait on the side of a road at a location in or near Adelphi. A junior WLS member drove Yanes-Rivera and Sanchez to the location, where they picked up Victim 1. They drove to a location in or near Hyattsville. Yanes-Rivera, Sanchez, and Victim 1 got out of the car and walked into the woods, where Yanes-Rivera and Sanchez shot and killed Victim 1. MS-13 promoted Yanes-Rivera for his participation in the murder.
On Aug. 8, 2020, WLS members, including Franklyn Sanchez, gathered at a park in Prince George’s County. Sanchez and several other WLS members agreed to murder a man, identified in court records as Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. As planned, Sanchez and another MS-13 member murdered Victim 4, then dragged Victim 4’s body to a stream and left it there. As he was leaving the woods, Sanchez was concerned that his DNA remained on the body. To prevent the discovery of his DNA or other evidence, and to hinder the investigation and prosecution of Victim 4’s murder, Rivas Rodriguez, Zelaya Mejia, and other WLS members buried Victim 4’s body in the woods. Law enforcement later found Victim 4’s body with a bullet wound to the head.
Yanes-Rivera and Zelaya Mejia were also responsible for collecting extortion payments, or “rents,” from at least two extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury. For example, WLS members used baseball bats to impose rents and sometimes collected rent while flashing firearms or other weapons.
Rivas Rodriguez and Yanes-Rivera also participated in money laundering by transferring gang funds from extortion activities to MS-13 members and associates in El Salvador.
On May 19, Sanchez was sentenced to 28 years in prison. Torres is scheduled for sentencing on Sept. 13.
Assistant Attorney General Polite, U.S. Attorney Barron, Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office, Special Agent in Charge Harris of HSI Baltimore, and Chief Aziz of the Prince George’s County Police Department made the announcement.
The FBI, HSI, and Prince George’s County Police Department investigated the case, with assistance from the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations and Montgomery County Police Department.
Trial Attorney Christopher Taylor of the Organized Crime and Gang Section and Assistant U.S. Attorney Joel Crespo for the District of Maryland are prosecuting the case.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Justice Department’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
These cases are also part of Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and HSI both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
Florida Woman Sentenced to Nine Years in Federal Prison for the Voluntary Manslaughter of Her GirlfriendRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Janice Martina Mason, age 30, of Melbourne Florida, today to nine years in federal prison, followed by three years of supervised release for voluntary manslaughter. On May 18, 2023, Mason was convicted after trial for running over her girlfriend on the Baltimore-Washington (“BW”) Parkway and leaving her to die.
The sentence was announced by Erek L. Barron, United States Attorney for the District of Maryland; Acting Special Agent in Charge David Geist of the Federal Bureau of Investigation - Washington Field Office Criminal and Cyber Division; and Chief Jessica M. E. Taylor of the U.S. Park Police (“USPP”).
According to the evidence presented at her eight-day trial, in the early morning hours of November 24, 2021, USPP officers responded to a citizen report for a body on the side of the BW Parkway northbound, north of Route 197, an area within the territorial jurisdiction of the United States. Officers found the victim lying face down on the shoulder of the road. Medics arrived on the scene and pronounced the victim dead. The evidence showed that that there were no skid marks or vehicle parts located at the scene. A cellphone belonging to the victim was found on the grass and another cellphone with a broken screen was found in the roadway and was later determined to belong to Mason.
There was testimony that later on November 24, 2021, Mason contacted the USPP Greenbelt Station and advised that she’d lost her phone on the BW Parkway after it had been thrown out of her vehicle, and she tracked the location to USPP Criminal Investigations. Mason then agreed to come to the station for an interview. Witnesses testified that Mason advised the USPP detective that she was visiting from Florida and was staying at her mother’s house in Washington, D.C. Mason falsely told the detective that she was driving the victim and another woman home to Laurel, Maryland, in a black Nissan vehicle when the other woman started hitting Mason. Mason said she pulled over to the side of the highway and ordered them out of the car and they walked away. The detective showed her the phone found in the roadway of the BW Parkway and she identified it as her phone. She also identified a photo of the victim as one of the people she was driving home.
Evidence was presented that on November 25, 2021, a USPP detective went to Mason’s mother’s home, spoke with Mason and obtained her written consent to seize and search the contents of her phone, which had been returned to her, and to tow and examine a black Nissan vehicle parked behind the residence, which Mason confirmed was the vehicle she’d used to drive her friend’s home. While at the residence, the USPP detective noticed a black Ford Expedition parked down the street with the tag “JANICE.” Investigators subsequently determined that Mason had been driving the Ford Expedition on November 24, 2021 and not the Nissan vehicle. They went back to Mason’s mother’s residence to tow the Ford Expedition, which was found to have visible damage to the hood, front grille, and the passenger side running board.
As detailed in trial testimony, on November 26, 2021, Mason had a second voluntary interview with USPP investigators. She acknowledged that the was driving the black Ford Expedition on the morning of November 24, 2021 and advised investigators that it was just Mason and the victim in the car that day. The Ford Expedition was processed and searched by the FBI’s Evidence Response Team. A swab from the indented hood area was collected and sent to the FBI Laboratory for DNA analysis and concluded that it was DNA from the victim. The FBI Laboratory examined impressions that were collected from the undercarriage of the Ford Expedition and determined that one corresponded in pattern and size with the victim’s shoe.
At today’s sentencing, the Court found that in the heat of passion Mason purposefully drove into the victim and then left her on the highway to die.
U.S. Attorney Erek L. Barron commended the USPP and the FBI for their work in the investigation. Mr. Barron thanked Assistant United States Attorneys Kim Y. Oldham and Ari Evans, who prosecuted the case. Mr. Barron also recognized Paralegal Specialist Kristy Penny for her assistance.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Doctor Convicted for COVID-19 Health Care Fraud SchemeRead the Press Release
A federal jury in Baltimore convicted a Maryland doctor today for submitting over $15 million in false and fraudulent claims to Medicare and a commercial insurer for patients who received COVID-19 tests at his testing sites.
According to court documents and evidence presented at trial, Ron Elfenbein, 49, of Arnold, was an owner and the medical director of Drs ERgent Care LLC, dba First Call Medical Center and Chesapeake ERgent Care. Drs ERgent Care operated multiple drive-through COVID-19 testing sites in Anne Arundel and Prince George’s counties. Elfenbein instructed the employees of Drs ERgent Care that, in addition to billing for COVID-19 tests, the employees were to bill for high-level evaluation and management visits. In reality, these visits were not provided to patients as represented. Rather, Elfenbein instructed his employees that the patients were “there for one reason only – to be tested,” that it was “simple and straightforward,” and that the providers were “not there to solve complex medical issues.”
Elfenbein ordered these high-level visits to be billed for all patients, including those who were asymptomatic, who were getting tested for COVID-19 for their employment requirements, and who were being tested for COVID-19 so that they could travel. Elfenbein, through Drs ERgent Care, caused the submission of millions of dollars in claims to Medicare and a commercial insurer for tens of thousands of high-level visits that were not provided as represented and were ineligible for reimbursement.
The jury convicted Elfenbein of five counts of health care fraud. He is scheduled to be sentenced on Nov. 7 and faces a maximum penalty of 10 years in prison on each count. Elfenbein is the first doctor convicted at trial by the Justice Department for health care fraud in billing for office visits in connection with patients seeking COVID-19 tests. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Erek L. Barron for the District of Maryland; Special Agent in Charge Maureen Dixon of the the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office; Special Agent in Charge Thomas Sobocinski of the FBI Baltimore Field Office; and Deputy Assistant Inspector General for Investigations Conrad J. Quarles of the Office of Personnel Management Office of the Inspector General (OPM-OIG) made the announcement.
The HHS-OIG, DCIS, FBI, and OPM-OIG investigated the case.
Trial Attorney D. Keith Clouser of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Matthew P. Phelps for the District of Maryland are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed the Medicare program for more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
In the past three years, the Health Care Fraud Strike Force has rooted out health care fraud related to the COVID-19 pandemic. To date, 53 defendants have been charged in nationwide COVID-19 Health Care Fraud Enforcement Actions for causing over $784 million in loss associated with the pandemic, including this case.
Former Youth and High School Football Coach Sentenced to 40 Years in Federal Prison for Production of Child PornographyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced former youth and high school football coach, Moshe Michael Imel, age 53, of Owings, Maryland, to 40 years in federal prison, followed by lifetime supervised release, for two counts of production of child pornography involving two minor victims. Imel also pleaded guilty to charges related to the sexual abuse of minors in three cases in the Circuit Court for Calvert County and is scheduled to be sentenced on August 4, 2023.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI); Calvert County Sheriff Ricky Cox; and Calvert County State’s Attorney Robert Harvey.
According to his plea agreement, between July 2018 and November 2020, Imel was an assistant football coach at a Calvert County High School. In March 2021, law enforcement interviewed two victims who reported that beginning when Imel coached the individuals in a youth football program and continuing through high school, Imel groomed and then sexually abused the victims. Specifically, Imel admitted that he directed each victim to expose and touch himself in a sexual way and ultimately engaged in sexual contact with the victims on numerous occasions. Imel also created sexually explicit videos of the victims documenting his abuse.
A search warrant was executed at Imel’s home and confirmed that the basement—including the action figures lining the walls, the computer setup, the cameras, sex toys and other paraphernalia—was as the victims had described it to law enforcement. A review of fourteen electronic devices seized at Imel’s residence revealed that they all contained child pornography or evidence of Imel’s sexual contact with minors.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Erek L. Barron commended the HSI, the Calvert County Sheriff’s Office, and the Calvert County State’s Attorney’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Timothy F. Hagan, who prosecuted the federal case and recognized Calvert County Assistant State’s Attorney Rebecca N. Cordero, who is prosecuting Imel’s case in the Circuit Court for Calvert County.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Baltimore County Businessman Facing Federal Charges for Fraudulently Obtaining More Than $1.3 Million in COVID-19 CARES Act LoansRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging David Epstein, age 45, of Owings Mills, Maryland, for wire fraud and money laundering, relating to the submission of fraudulent COVID-19 CARES Act loan applications. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. The indictment was filed on June 24, 2023, and unsealed today at Epstein’s initial appearance.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Kareem A. Carter of the Internal Revenue Service - Criminal Investigation (“IRS-CI”), Washington, D.C. Field Office; and Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration (“SBA”) Office of Inspector General (“OIG”), Eastern Region.
Financial assistance offered through the CARES Act included forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program, administered through the Small Business Administration (SBA). The SBA also offered an Economic Injury Disaster Loan (EIDL) and/or an EIDL advance to help businesses meet their financial obligations.
According to the eight-count indictment, Epstein was the Chief Executive Office of PEI Staffing, LLC and served as the President of Stafquik, Inc. Epstein was the sole signatory on two accounts maintained by Stafquik at SunTrust Bank. The indictment alleges that from May 2020 to August 2020, Epstein executed a scheme to defraud the Small Business Administration and related financial institutions by fraudulently obtaining and attempting to obtain EIDL and PPP loan funds for his own personal use, including the purchase of a Mercedes-Benz automobile, renovations to his home, including installation of a pool, and for other unauthorized expenditures.
Specifically, on April 30, 2020, Epstein submitted a false and misleading PPP loan application in the name of PEI, seeking approximately $1,307,170 in PPP funds. The application allegedly contained false statements and omissions relating to PEI including the number of employees, the wages paid to employees, and that any funds received would be spend on expenses such as payroll, business rent and business utilities. For example, the application stated that PEI had 382 employees, when in fact, an IRS Form 941 for the second quarter of 2020 listed 79 employees for PEI. Epstein also falsely stated that he did not have common management with any other business. In fact, Epstein was a common manager of both PEI and Stafquik.
As detailed in the indictment, Epstein spoke with the representative of a financial technology company that served as the originating agent for the PPP lender regarding the status of PEI’s PPP loan application. During the call, Epstein stated that he planned to upload a February 2020 bank statement for the purported PEI bank account listed in the application. Epstein allegedly submitted a fictitious bank statement that falsely represented the bank account was in the name of PEI, when in fact, the account was one of the accounts in the name of Stafquik, to which Epstein was sole signatory.
In addition, on May 4, 2020, approximately $1,307,170 in PPP loan proceeds were disbursed to the SunTrust Stafquik account. Within four days, Epstein opened four personal bank accounts at two separate banks and subsequently transferred the PPP loan proceeds to those accounts to be used for personal and unauthorized expenses. For example, the indictment alleges that Epstein transferred $110,356.48 in PPP funds to Mercedes-Benz Financial Services in connection with his purchase of a 2019 Mercedes-Benz GT53C4.
The indictment further alleges that on November 18, 2020, Epstein submitted a false application for an EIDL in the name of Stafquik to the SBA, seeing approximately $150,000 in funds. In that application, Epstein proved the SBA a bank account number into which the EIDL proceeds were to be deposited, namely the second account at SunTrust held in Stafquik’s name with Epstein as the sole signatory. On November 19, 2020, SunTrust closed that account after being notified by the lender for the PEI PPP loan that the $1,307,170 in PPP funds disbursed to the other Stafquik account was an unauthorized transaction. Epstein called SunTrust seeking to reverse the closure of the account but was unsuccessful. Because the bank account was closed, the funds sought in the EIDL application for Stafquik were ultimately not disbursed.
If convicted, Epstein faces a maximum sentence of 20 years in federal prison for each of five counts of wire fraud and a maximum of 10 years in federal prison for each of three counts of money laundering. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Erek L. Barron commended the IRS-CI and SBA-OIG for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Paul A. Riley and Sean R. Delaney, who are prosecuting the case. Mr. Barron also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Prince George’s County Felon Convicted After Two-Day Federal Trial for Illegal Possession of a FirearmRead the Press Release
Greenbelt, Maryland – After a two-day trial, a federal jury convicted Antjoun Riddick, age 45, of Accokeek, Maryland, late on August 1, 2023, for being a felon in possession of a firearm.
The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and U.S. Marshal Robert Anthony Dixon for the Superior Court for the District of Columbia.
According to the evidence presented at trial, on January 21, 2022, U.S. Marshals Service (USMS) Deputies were conducting surveillance on Riddick’s residence in Accokeek, Maryland to serve an outstanding arrest warrant for him issued by the Superior Court for the District of Columbia. When they saw Riddick exit the residence and walk toward his vehicle, they activated the emergency equipment on their vehicles and approached Riddick, telling him to step away from the car and show his hands. As detailed in trial testimony, Deputies saw Riddick quickly raise his left hand, but his right hand hesitated near his waist area before he was handcuffed. After his arrest, Riddick admitted that he had a gun in his waistband and Deputies recovered a 9mm pistol loaded with 18 rounds of ammunition, including one in the chamber.
Riddick knew he had been previously convicted of a felony and was prohibited from possessing a firearm or ammunition. As detailed in court documents, at the time of his arrest Riddick was on supervised probation for a 2015 conviction in the Prince George’s County Circuit Court for second degree murder.
Riddick faces a maximum sentence of 10 years in federal prison for being a felon in possession of a firearm and ammunition. U.S. District Judge Theodore D. Chuang has scheduled sentencing for November 3, 2023 at 2:30 p.m.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
United States Attorney Erek L. Barron commended the ATF and the USMS for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Timothy F. Hagan and Special Assistant U.S. Attorney Joshua A. Rosenthal, who are prosecuting the case. U.S. Attorney Barron also thanked Paralegal Specialists Andrew Branigan, Derek Harwerth and Mark Phares for their assistance.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Two Maryland MS-13 Gang Members Sentenced to 22 Years and 16 Years in Federal Prison for Participating in a Racketeering Conspiracy, Including MurderRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Hernan Yanes-Rivera, a/k/a “Recio,” age 22, of Adelphi, Maryland, on July 28, 2023, to 22 years in federal prison, and sentenced Agustino Eugenio Rivas Rodriguez, a/k/a “Terrible,” age 26, of Silver Spring, Maryland, today to 16 years in federal prison, each followed by three years of supervised release, for their participation in a racketeering conspiracy, including murder, related to their activities as part of the MS-13 gang. On July 25, 2023, Judge Xinis sentenced co-defendant Brian Samir Zelaya Mejia, a/k/a “Chispa,” age 25, of Hyattsville, Maryland, to six years in federal prison for his role in the MS-13 enterprise. Judge Xinis ordered that Rivas Rodriguez must also pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates.
The sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.
According to court documents, the La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. In Maryland and elsewhere, MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang and opens the door to promotion to a leadership position.
As detailed in the plea agreement, Rivas Rodriguez, Yanes-Rivera and Zelaya Mejia were members and associates of Weedams Locos Salvatrucha, (WLS), an MS-13 clique operating primarily in Adelphi, Maryland. Rivas Rodriguez was the clique’s second in command.
On February 23, 2020, at the direction of MS-13 leaders Brayan Alexander Torres and Rivas Rodriguez, Yanes-Rivera and co-defendant MS-13 member Franklyn Sanchez shot and killed Victim 1, a former WLS member, in retaliation for the victim’s suspected cooperation with law enforcement. In the weeks prior to the murder, Victim 1 had been in touch with WLS members over social media, text messages and voice calls. Records show that WLS members told Victim 1 that if he met with gang members to make amends, his cooperation would be forgiven. Victim 1 was instructed to wait on the side of a road at a location in or near Adelphi, Maryland, on February 23, 2020. A junior WLS member drove Yanes-Rivera and Sanchez to the location, where they picked up Victim 1. They drove to a location in or near Hyattsville, Maryland. Yanes-Rivera, Sanchez and Victim 1 got out of the car and walked into a wooded area, where Yanes-Rivera and Sanchez shot Victim 1. Victim 1 died from his gunshot wounds. As a result of his participation in the murder, Yanes-Rivera was promoted within the hierarchy of MS-13.
On August 8, 2020, WLS members, including Franklyn Sanchez, were gathered at a park in Prince George’s County, Maryland. Sanchez and several of the WLS members agreed to the murder of Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. Sanchez and another MS-13 member murdered Victim 4, then WLS members dragged Victim 4’s body to a stream and left it there. As he was leaving the woods, Sanchez was concerned that his DNA may have been left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, Rivas Rodriguez, Zelaya Mejia and other WLS members were called and ordered to bring shovels to the wooded area, where they dug a hole and buried Victim 4’s body. Victim 4’s body was later recovered with a bullet wound to the head.
Rivas Rodriguez also conspired with other MS-13 members to kill a female member of the rival 18th Street gang. Rivas Rodriguez and the WLS leader ordered subordinate members of the gang to track the female to a house and kill her. The group of MS-13 subordinates gathered with guns and were preparing to follow their orders, when police arrived on scene and stopped the plan from coming to fruition.
Yanes-Rivera, Rivas Rodriguez and Zelaya Mejia were also responsible for collecting extortion payments, or “rents,” from at least two extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury by members of WLS. For example, gang members used baseball bats to impose rents and sometimes collected rent while flashing firearms or otherwise making it known that they were carrying weapons.
Finally, Yanes-Rivera also participated in money laundering by transferring gang funds obtained through its extortion activities to MS-13 members and associates in El Salvador.
Torres, a/k/a “Spooky,” age 29, of Adelphi, Maryland, is expected to be sentenced to 28 years in federal prison at his sentencing on September 13, 2023. Torres will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 4’s estate. On May 19, 2023, Judge Xinis sentenced Franklyn Edgardo Sanchez, a/k/a “Freddy,” “Magic,” “Miclo,” and “Delinquente,” age 26, of Adelphi, Maryland, to 28 years in federal prison and ordered that Sanchez must pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Barron and Assistant Attorney General Polite commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked U.S. Immigration and Customs Enforcement-Enforcement and Removal Operations and the Montgomery County Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorney Joel Crespo, and Trial Attorney Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Defendant Sentenced to 19 Years in Federal Prison for a Racketeering Conspiracy, Including Two MurdersRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Demonte Kellum, age 26, of Baltimore to 19 years in federal prison, followed by 5 years of supervised release, for conspiracy to participate in racketeering activity, specifically, his involvement in three armed robberies in 2019, two of which resulted in the murder of the victims.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Acting Commissioner Richard Worley of the Baltimore Police Department.
“This crew’s reign of terror is over. The violent armed robberies committed by Kellum led to the deaths of two victims and suffering by their families, friends and the entire Baltimore community,” said U.S. Attorney Erek L. Barron. “We will continue to use every tool available to aggressively prosecute violent offenders.”
“The reality of guns in Baltimore is that criminals who possess them do so with the intent to use them. It is not just to show off or use as a threat—they are ready and willing to shoot someone without a second thought,” said ATF Special Agent in Charge Toni M. Crosby. “ATF and our law enforcement partners will continue to do everything we can to take these trigger-pullers off the street so the citizens of Baltimore can live more safely.”
According to his guilty plea, from April 2019 to August 2019, Kellum and at least five others were co-conspirators in an enterprise that engaged in a pattern of deadly racketeering activity, including a series of armed carjackings, armed robberies and attempted armed robberies in Baltimore City, as well as the pawning of stolen goods. Members of the enterprise used at least three different firearms to commit the crimes and shared the proceeds of their exploits. The members also used carjacked cars to commit other carjackings and acts of violence.
Kellum admitted that he participated in three armed robberies, specifically, the attempted armed robbery of a victim on July 23, 2019, in the 4900 block of Goodnow Road in Baltimore, during which one member of the conspiracy shot and killed the victim; the armed robbery of a victim on August 1, 2019, in the 2600 block of Talbot Road in Baltimore, during which the conspirators brandished firearms and tied up the victim; and later on August 1, 2019, the attempted armed robbery of a victim in the 5300 block of Fernpark Avenue in Baltimore during which one of the conspirators shot and killed the victim.
As detailed in his plea agreement, the investigations showed that co-conspirators committed eight carjackings and eight additional armed robberies or attempted armed robberies, including two where the victims were shot and a third where the victim was shot and killed.
Co-defendant Karon Foster, age 28 and Rashaud Nesmith, age 22, both of Baltimore, were each sentenced to 40 years in federal prison for their roles in the racketeering enterprise; and Malik Evans, age 25, of Baltimore, was sentenced to 17 years in federal prison. Co-defendant Jamai Wells, age 33, of Baltimore pleaded guilty to the racketeering conspiracy and related charges and is awaiting sentencing. A fifth co-defendant is scheduled to go to trial early next year.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the ATF, the Baltimore Police Department, and the Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Patricia C. McLane and Clinton J. Fuchs who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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