FEDERAL DISTRICT ARCHIVE
District of Maryland
Press releases recorded for this federal judicial district.
Leonardtown Man Exiled to 10 Years in Prison for Possession of A FirearmRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – United States District Judge Deborah J. Chasanow sentenced Jason Andre Armstrong, age 43, of Leonardtown, Maryland to 10 years in prison followed by three years of supervised release for being a felon in possession of a firearm.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Sheriff Timothy K. Cameron of the St. Mary’s County Sheriff’s Department; and Richard Fritz of the St. Mary’s County State’s Attorney’s office.
According to his plea agreement, on March 5, 2016, Armstrong entered a residence in Lexington Park, Maryland, demanded money from the occupants and threatened them with a handgun. Armstrong then left the residence, got into the rear driver’s side passenger seat of a vehicle, and the vehicle drove away. Shortly after receiving a description of the vehicle, St. Mary’s County Sheriff’s officers stopped the vehicle and arrested Armstrong.
Officers recovered a 9mm caliber semi-automatic pistol from underneath the driver’s seat on the rear passenger side. The pistol was reported stolen in 1995 from a federally licensed firearms store in St. Mary’s County, Maryland. After the officers advised Armstrong of his rights on the scene, Armstrong admitted that he possessed the firearm.
On April 20, 2005, in St. Mary’s County, Maryland, Armstrong was convicted of robbery. As a felon, Armstrong was prohibited from possessing a firearm.
Acting United States Attorney Stephen M. Schenning commended the FBI, the St. Mary’s County Sheriff’s Department and the St. Mary’s County State’s Attorney’s Office, for their work in the investigation and prosecution. Mr. Schenning thanked Assistant U.S. Attorney Kelly Hayes, who prosecuted the case.
Annapolis Man Sentenced to Four Years in Prison for Real Estate and Credit Card Fraud SchemesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On January 30, 2018, United States District Judge James K. Bredar sentenced Joseph R. Dominici, age 31, of Annapolis, Maryland to four years in prison, followed by three years of supervised release for wire fraud and aggravated identity theft. The wire fraud charges stem from a telemarketing scheme to defraud real estate professionals around the country who paid to advertise on websites owned by Dominici. The aggravated identity theft charges stem from a scheme to use stolen credit card information to create and use fraudulent “cloned” credit cards.
On January 31, 2018, Judge Bredar sentenced Christina O. Price, age 23, of Bowie, Maryland to one year in prison followed by one year of supervised release, for her role in the credit card fraud scheme. Carlos Ledbetter, age 31, formerly of Annapolis, Maryland, was previously sentenced to six months in prison for his role in the credit card fraud, followed by four years of supervised release.
The sentences were announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Christopher Caruso of the United States Secret Service - Baltimore Field Office; Chief Timothy J. Altomare, Anne Arundel County Police Department; and Anne Arundel County State’s Attorney Wes Adams.
According to court documents, Dominici owned and operated JJ&M Enterprises, LLC, a business based in Annapolis, Maryland, operating to provide leads to real estate professionals seeking to advertise their services to potential homebuyers. Dominici registered two websites which he and JJ&M used to conduct business: BuyerHomeSite.com and FreeHomeFind.com.
The websites purported to contain active listings of homes for sale, and allowed potential homebuyers to browse home listings in a selected geographic area. The websites also represented to realtors or loan officers that they could pay to become a “preferred expert” in each of the geographic regions that they chose. If a prospective home buyer (user) searched the websites for properties in an area where a real estate professional had paid to become the “preferred expert,” the websites displayed an ad that included the real estate professional’s photograph and contact information. For a monthly fee of approximately $299, the websites would grant a real estate professional exclusive access to all leads generated on the websites associated with the real estate professional’s assigned geographic area.
From March 2014 to October 2015, Dominici represented to real estate professionals that such leads included personal information provided by a potential homebuyer, where in fact, the leads sent to the real estate professionals contained fictitious information created by Dominici and individuals employed by JJ&M. Dominici created fictitious identities, including names, email addresses and cell phone numbers. He provided cell phones to a JJ&M employee which had the name and phone number of a fictitious identity taped to the back. Dominici also posted false and duplicative “testimonials” from “satisfied” customers on the websites.
Dominici had employees make unsolicited telephone sales calls to many thousands of real estate professionals located all over the United States. Dominici provided JJ&M employees with scripts and talking points to use in soliciting real estate professionals to pay to become the “preferred expert” for their area on the websites. As a result of these sales calls, more than 1,000 real estate professionals agreed to pay approximately $299 per month to be advertised as preferred experts.
As a result of this telemarketing fraud scheme, Dominici obtained more than $895,568.31 from real estate professionals. As part of Dominici’s sentence, Judge Bredar also ordered forfeiture of Dominici’s funds in thirteen bank accounts.
In addition to the telemarketing fraud scheme, Dominici also engaged in a credit card fraud scheme, using stolen account information he obtained from corrupt restaurant servers and from a black marked “carding” website to create “cloned” credit cards. Christina Price, then a server at a restaurant in Gambrills, Maryland, used electronic devices known as “skimmers” to fraudulently obtain the credit card information of restaurant customers who paid by credit card. Price then provided this stolen customer information to Dominici, who used special equipment to encode the stolen account information onto new “cloned” credit cards. Dominici and Carlos Ledbetter, then an employee of JJ&M, used the “cloned” cards to purchase goods and services, primarily gift cards that can be used like cash. The credit card fraud scheme victimized a number of financial institutions and dozens of individuals, resulting in losses of approximately $29,280.13.
Acting United States Attorney Stephen M. Schenning commended the U.S. Secret Service, Anne Arundel County Police Department, HSI Baltimore, Prince George’s County Police Department and Anne Arundel County State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Zachary A. Myers and Special Assistant U.S. Attorney Angela Tang, who prosecuted the case.
Silver Spring Man Sentenced to 21 Years in Prison for Production of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – On January 29, 2018, United States District Judge George J. Hazel sentenced Demetrius Murray, age 23, of Silver Spring, Maryland to 21 years in prison, followed by a lifetime of supervised release, for Production of Child Pornography. Judge Hazel also ordered forfeiture of electronic devices seized from Murray and used by Murray to produce and store child pornography. Murray is also required to register as a sex offender.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Sheriff Terry Thompson of the Weber County, Utah, Sheriff’s Office.
According to his plea agreement, Murray contacted an eleven-year-old boy in Utah, Victim A, through Xbox Live and then through a private chat on KIK, an internet-based chat service. Murray and Victim A at some point switched to Skype, an internet-based chat and video streaming service. Murray streamed pictures of himself masturbating to the boy over Skype. Victim A created a video of himself masturbating, which depicted child pornography, and sent the video to Murray as part of a text message. Murray, after receiving the video, converted it into six still-frame pictures and sent the pictures back to Victim A. Victim A’s mother learned of Murray’s interaction with her son and reported Murray’s conduct to the National Center for Missing and Exploited Children (“NCMEC”).
As a result of the NCMEC Cybertip, HSI agents and officers from the Montgomery County Police Department executed a search warrant at Murray’s home in January 2016. Agents recovered more than 600 images and more than 400 videos depicting minors, the vast majority of which depicted child pornography.
Forensic examination of Murray’s iPhone seized during the search showed that in May and June 2015, Murray had engaged in text messaging with a boy, Victim B, who lived in Alabama. Victim B told Murray that he was 14 years old. Nevertheless, Murray requested that Victim B send pictures of his body and pictures of himself masturbating. Victim B sent the requested pictures. When Murray learned that Victim B had a four-year-old relative, Victim C, Murray requested that Victim B send pictures of Victim C performing oral sex on Victim B. Victim B sent the pictures, which depicted child pornography.
Acting United States Attorney Stephen M. Schenning praised HSI, the Montgomery County Police Department, and the Weber County Utah Sheriff’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Joseph Baldwin, who prosecuted the case.
73 Year Old Pennsylvania Woman Sentenced to 21 Months in Prison for Wire FraudRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – On January 26, 2018, United States District Judge Paula Xinis sentenced Margie Lou Franz, age 73, of Warfordsburg, Pennsylvania to 21 months in prison, followed by three years of supervised release, for wire fraud. Xinis also ordered Franz to pay $970,964.76 in restitution.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; and Rene Febles, Deputy Inspector General for Investigations for the Federal Housing Finance Agency, Office of Inspector General.
According to her plea agreement, Franz managed the day-to-day operations of a title company (Title Company A) located in Laurel, Maryland where she prepared paperwork for settlements (including HUD-1s and disbursement statements), conducted settlements, controlled the escrow account, and conducted banking transactions.
From at least June 2013 through November 2014, instead of disbursing funds as required by the HUD-1s for those real estate transactions, Franz transferred money through wires or checks to herself and other individuals not listed on the HUD-1s, paid outstanding debts on prior transactions for which Franz had not made proper disbursements, or paid off loans to individuals from whom Franz had previously borrowed money to cover shortfalls in Account 3542. Franz caused at least $970,964.76 in combined losses.
In June 2013, Franz used the Title Company A to handle the closing of her house in Annapolis, Maryland. At the time of the sale of the property, there were three liens on the property, however Franz only disclosed one of the loans. At the time of the closing, the buyers believed that the property was only encumbered by one lien that would be paid off as part of the transaction as reflected on the HUD-1. The disbursement statement, prepared by Franz, also reflected that a payment was made to the bank.
On June 12, 2013, Franz caused a wire of approximately $502,949.51 to be sent from the buyer’s lender to the Title Company A, with the understanding that a portion of the loan from the bank was supposed to be used to pay off the existing lien on the property. Franz never actually disbursed any money from Title Company A’s escrow account. Instead, Franz issued a $100,000 check to her husband and a $77,724.65 check jointly to her and her husband.
From June 2013 through January 2015, Franz continued to make monthly payments on the existing lien on the property held by Citibank to hide the fact that the lien had not been paid off when the buyers bought the property. By January 2015, however, Franz could no longer keep up with the payments and the bank sent a foreclosure notice to buyers.
In October 2014, an individual in Derwood, Maryland hired Title Company B to refinance their home loan. As part of the closing, Title Company B was to pay off five existing liens, held by three separate banks. In October 2014, Franz contacted Employee 1 at Title Company B and instructed Employee 1 to wire a large portion of the proceeds from the individuals refinancing to Title Company A’s escrow account and then permit Franz to handle the disbursements. This arrangement was contrary to the instructions in the HUD-1 settlement statement for the refinancing. Neither Franz nor Employee 1 sought Individual 1’s permission for this new arrangement. Franz told Employee 1 that Franz needed the money in Title Company A’s escrow account for a few days to cover some costs and that Franz then would pay the liens held by CitiMortgage and Chase.
Employee 1 made two separate wire transfers from Title Company B’s escrow account to Title Company A’s escrow account. On October 6, 2014, Franz caused Title Company B to wire $328,277.36 from a Virginia bank to a North Carolina account held by Title Company A. On October 23, 2014, Franz caused Title Company B to wire $121,751.67 from another Virginia bank to a North Carolina account held by Title Company A. Franz did not pay off the existing liens on Individual 1’s properties. Instead, Franz paid off some of the existing debts on prior transactions and paid off some loans Franz had taken for prior shortfalls.
Acting United States Attorney Stephen M. Schenning praised Federal Housing Finance Agency, Office of Inspector General for their work in the investigation. Mr. Schenning thanked Assistant United States Attorney’s Kristi O’Malley and Kelly O’Connell Hayes, who prosecuted the case.
Maryland U.S. Attorney’s Office Collects over $122 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2017Read the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Acting United States Attorney Stephen M. Schenning announced that the District of Maryland collected $122,236,532.64 in criminal and civil actions in Fiscal Year 2017. Of this amount, $12,749,554.70 was collected in civil actions and $109,486,977.94 was collected in criminal actions.
Additionally, the District of Maryland worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $36,033,331.72 in cases pursued jointly with these offices. Of this amount, $35,737,378.12 was collected in civil actions and $295,953.60 was collected in criminal actions.
Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2017.
The statistics show that the $12,749,554.70 collected in civil actions in Maryland, include affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected penalties imposed on individuals and/or corporations. These recoveries reflect civil enforcement actions for violations of federal health, safety, civil rights or environmental laws, and debts collected on behalf of several federal agencies, including the Department of Defense, the Department of Treasury, U.S. Department of Health and Human Services, and the Drug Enforcement Administration.
These cases include the successful resolution of False Claims Act investigations against AC4S, Inc., to settle allegations that it submitted inflated invoices to the government for work performed at Joint Base Andrews; Comprehensive Health Services, Inc., to settle allegations that it knowingly double-charged for vision screenings and electrocardiograms when those costs were included in the bundled contract price for medical exams performed for IRS Special Agents; and Dr. Hitesh Patel and Dr. Darab Hormozi to settle allegations that they billed false claims to Medicare. Additionally, the District of Maryland collected civil penalties under the Controlled Substances Act on behalf of the Drug Enforcement Administration from its investigation of Cardinal Health for failing to report suspicious orders of controlled substances to the DEA.
The U.S. Attorneys’ Offices, along with Department of Justice litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department of Justice Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the District of Maryland, working with partner agencies and divisions, collected $9,876,957 in asset forfeiture actions in FY 2017. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Edgewood Man Sentenced to 31 Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On January 25, 2018, United States District Judge James K. Bredar sentenced Brian Shumate, age 50, of Edgewood, Maryland to 31 years in prison, followed by a lifetime of supervised release for the sexual exploitation of children.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to court documents, between 2013 and 2015, Shumate used online sites to find and communicate with minors as young as 13. Shumate initiated sexually explicit communication with the female victims and sent images of his genitals to them. He then pressured the victims to take photographs of themselves engaging in sexually explicit conduct. Shumate would misrepresent himself online and would initially pretend to be a teenage boy. In some instances, after corresponding with his victims for a time, Shumate would disclose his real age and threaten the victims and their families, unless the victims continued to send him content.
After being convicted for traveling to Pennsylvania in 2004 to have sex with a 12-year-old female who he asked to call him “daddy,” Shumate served a seven-year prison sentence. Upon his release in 2012, he violated his parole on three separate occasions, was convicted for failing to register as a sex offender, and was subsequently arrested on May 22, 2014.
In June 2014, while in the Harford County Detention Center, Shumate called an acquaintance who informed him that the FBI was asking about his phone and social network accounts, including email and Facebook. The acquaintance also told Shumate that the FBI wanted access to Shumate’s phone and tablet. Shumate instructed the acquaintance to delete specific numbers and images from the phone (the numbers and images were all females), and to wipe the phone of all content.
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 Attorneys' 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.
Acting United States Attorney Stephen M. Schenning praised the FBI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Paul E. Budlow who prosecuted the case.
Dallas Man Sentenced to 8 Years in Prison for Distributing Crystal Methamphetamine Through Parcel Delivery ServicesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – United States District Judge Catherine C. Blake sentenced Patrick Brian Mobley, age, 42, of Dallas, Texas today to 96 months in prison, followed by five years of supervised release for conspiracy to distribute crystal methamphetamine.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Karl C. Colder of the Drug Enforcement Agency - Washington Division Office; Superintendent of the Maryland State Police Colonel William M. Pallozzi; and Chief of Police U. Renee Hall of the Dallas Police Department.
Also charged in the conspiracy were Jeffrey Saunders Harrington, age 48, of Severn, Maryland; Bernard Thomas Mozdenski, age 42, of Fort Worth, Texas; and Charles Todd, age 35, of Glen Burnie, Maryland. Mozdenski was previously sentenced to six years in prison; Harrington was previously sentenced to 70 months in prison; and Todd was sentenced to 64 months in prison. Each prison sentence will be followed by five years of supervised release.
According to court documents Mobley sold quantities of crystal methamphetamine and gamma-hydroxybutric acid, a controlled substance also known as GHB, to co-conspirators and customers in various regions of the United States. Using the business names “PBMobes” and “CloudMobes,” Mobley also maintained a website advertising and listing prices for various quantities of crystal methamphetamine under the guise of marketing cloud storage. During the course of the conspiracy, Mobley sold and shipped at least 15 kilograms of crystal methamphetamine to co-conspirators, who then distributed quantities of the drugs to others.
Between October 2015 and February 2017, Harrington placed orders for quantities of crystal methamphetamine with Mobley. These payments made for the drugs included more than 40 cash deposits totaling more than $60,000. Mobley shipped approximately 55 packages containing more than two kilograms of crystal methamphetamine to Maryland. From this supply, Harrington sold and distributed the crystal methamphetamine to customers in Maryland.
On February 16, 2017, law enforcement intercepted a package in Maryland that had been sent from Mobley in Dallas, Texas to Harrington’s residence in Severn, Maryland. After a controlled delivery of the package to Harrington’s residence and the arrests of Harrington and Todd, law enforcement executed a search warrant at the house. Inside the house, investigators found several small plastic baggies containing crystal methamphetamine, bundles of unused plastic baggies, several digital scales, and other evidence of drug distribution. A subsequent examination of Harrington’s cell phone revealed text messages between Harrington and Todd during the week prior to their arrest in which the two discussed illegal drug sales and purchasing a re-supply of drugs.
Undercover law enforcement subsequently placed an order for two ounces of crystal methamphetamine from Mobley and interdicted the package on February 25, 2017. Mobley was arrested on March 9, 2017, in Dallas, Texas. During the search of his residence, investigators found package delivery service documents, quantities of crystal methamphetamine and other suspected controlled substances in plastic baggies and other containers, a digital scale with white residue, and various equipment and materials used for packaging controlled substances. A Hi-Point 9mm semiautomatic pistol and a magazine containing eight rounds of 9mm ammunition was found in a locked safe.
Mozdenski was subsequently arrested while attempting to deliver a quantity of crystal methamphetamine to Mobley’s residence in Dallas.
Acting United States Attorney Stephen M. Schenning praised the DEA for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Matthew Maddox who prosecuted the case.
Three Baltimore BGF Gang Members Convicted of Federal Racketeering and Drug Conspiracy ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland –A federal jury has convicted three defendants for conspiring to participate in a violent racketeering enterprise known as the Black Guerilla Family (BGF) gang’s Greenmount Avenue Regime. Gerald Thomas Johnson, a/k/a Geezy, and Gzy Tha Prince, age 35; Kenneth Jones, a/k/a, K-Slay, and Slay, age 30; and Marquise McCants, a/k/a Digga, age 25, all of Baltimore, Maryland, were convicted of conspiring to violate federal racketeering and drug trafficking laws.
Johnson was also convicted of conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, possession of ammunition by a felon and possession with intent to distribute crack cocaine. McCants was convicted of possession of a firearm by a felon.
The following six co-defendants, also members of the BGF gang, had all previously pleaded guilty to conspiring to violate federal racketeering and drug trafficking laws;
Wesley Jamal Brown, a/k/a Shike White and Wes, age 25
David Albert Hunter, a/k/a Lil Dave, and Dave, age 30;
Montel Harvey, a/k/a Telly, Telephone, and Big Head, age 25;
Kenneth Lee Faison, a/k/a Roscoe, age 28;
Joseph Laurence Bonds, a/k/a/ Joe, and Yo Gotti, age 36; and
Norman Tyrone Handy, a/k/a Lil Norm, and Norm, age 23.
The conviction was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Darryl De Sousa of the Baltimore Police Department; Maryland Attorney General Brian E. Frosh; and Baltimore City State’s Attorney Marilyn Mosby.
“This case is emblematic of the ability of federal prosecution, using tolls such as RICO, to go after the violent gangs plaguing Baltimore City. The federal agents and task force officers worked long hours with the AUSAs to build this case which resulted in a successful outcome,” said Acting United States Attorney Stephen M. Schenning.
“These convicted defendants are ruthless gang members, who acted with a total disregard for the sanctity of human life. Make no mistake, their cowardice behavior and violent criminal acts terrorized our communities,” said Daniel L. Board, Jr., ATF Baltimore Field Division Special Agent in Charge. “But today’s verdict is true justice for the involved victims and their families, and the citizens of Baltimore. This result is the culmination of nearly two years of relentless, dedicated work by ATF Baltimore, the Baltimore City Police Department and our formidable partnership with the United States Attorney’s Office.”
According to the evidence presented at the two-month trial, the defendants were members of an organization known today as the BGF Greenmount Regime, a violent set, or “bubble,” of BGF. During the early years in which it operated, the gang called itself the Young Guerilla Family, or YGF, and consisted mostly of younger people who lived in the 2200, 2300, and 2400 blocks of Barclay Street and Guilford Avenue. YGF members sold drugs throughout the Greenmount Avenue corridor and committed murders, shootings, and armed robberies.
In about mid-2007, YGF members took the BGF oath and became the BGF Greenmount Regime. According to evidence presented at trial, the BGF Greenmount Regime continued to sell drugs and commit violent acts, including murders, shootings and robberies, and by mid-2013 controlled the roughly rectangular area bordered by Greenmount Avenue to the east; Guilford Avenue to the west; 25th Street to the north; and Federal Street to the south, as well as certain offshoots east of Greenmount Avenue, including Mund Park and Cokesbury Avenue.
Beginning in 2005, Johnson supplied drugs to the YGF members for further distribution and was the leader of YGF. During the conspiracy, the defendants distributed powder and crack cocaine, heroin, ecstasy, marijuana, and oxycodone. BGF Greenmount Regime members and associates purchased, maintained and circulated weapons and firearms for use in criminal activity by BGF members.
In addition, the defendants committed acts of violence, including seven murders, shootings, stabbings, a home invasion robbery and other armed robberies. The violent acts were intended to further the gang’s activities, including intimidating witnesses to prevent them from cooperating with law enforcement, protecting the gang’s drug territory, financing the dues paid to BGF, and enforcing gang rules.
For example, on January 9, 2007, Jones and another YGF member shot and killed an individual. Johnson authorized the killing of this individual in his capacity as a leader of YGF because the victim was rumored to be cooperating with law enforcement and Johnson believed the victim had stolen drugs from him. McCants also attempted to murder another individual on February 4, 2017, shooting them multiple times in the legs and back.
Johnson, Jones and McCants face a maximum sentence of life in prison on the racketeering and drug conspiracies. Johnson also faces a maximum sentence of 10 years in prison for conspiring to commit murder in aid of racketeering and life in prison for murder in aid of racketeering. In addition, Johnson faces a maximum sentence of 20 years in prison for possession with intent to distribute crack cocaine, and 10 years in prison for being a felon in possession of ammunition.
Sentencing has been scheduled for Johnson on April 20, 2018 at 2 p.m.; McCants on May 9, 2018 at 2 p.m.; and Jones on May 10, 2018 at 2 p.m. in the United States District Court in Baltimore, Maryland.
Acting United States Attorney Stephen M. Schenning commended the ATF, FBI, Baltimore City Police Department, Maryland Attorney General’s Office, and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Peter J. Martinez and Christina Hoffman, who prosecuted the case.
Nevada Man Indicted for Distribution of Anabolic Steroids and Drug MisbrandingRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal grand jury has indicted George Sambuca a/k/a “Jack Yates,” a/k/a “Steven Thompson,” age 32, of Henderson, Nevada, today on charges related to a scheme to defraud customers by mislabeling drugs and distributing anabolic steroids. The indictment was returned on November 15, 2017, and unsealed upon the arrest of the Sambuca.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; and Special Agent in Charge Mark S. McCormack of the Food and Drug Administration - Office of Criminal Investigations, Metro Washington Field Office.
According to the four-count indictment, Sambuca distributed the anabolic steroids, Testosterone, Nandrolone, Stanozolol, Oxandrolone, and Oxymetholone, all of which are Schedule III controlled substances. Sambuca mislabeled these drugs as “TEST SUSTANON 350MG,” “DBOL 5g” and “SUSTANON 350MG/ML . . . 100cc” and sent them from his residence in Nevada to Maryland on two separate occasions, conducting his business under the name of “Dynasty Labs.”
Sambuca faces a maximum of 10 years imprisonment for each of the two counts of Distribution of Anabolic Steroids and a maximum of 3 years imprisonment for each of the two counts of Introduction of Misbranded Drugs into Interstate Commerce with Intent to Defraud and Mislead. Sambuca had an initial appearance on January 19, 2018, in U.S. District Court for the Eastern District of Pennsylvania, where he was arrested and ordered detained. An initial appearance has not yet been scheduled in Greenbelt, Maryland.
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.
Acting United States Attorney Stephen M. Schenning commended the FBI and the FDA-OCI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Kelly Hayes who is prosecuting the case.
Hagerstown Woman Sentenced to Two Years in Prison for Aggravated Identity TheftRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – United States District Judge Catherine C. Blake has sentenced Kimberly Duckfield a/k/a “Sincere,” age 31, of Hagerstown Maryland to two years in prison followed by one year of supervised release after Duckfield pleaded guilty to aggravated identity theft.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Darryl De Sousa of the Baltimore City Police Department; Secretary Stephen T. Moyer of the Maryland Department of Public Safety and Correctional Services (DPSCS); and the National Security Agency Police.
According to her plea agreement, Duckfield was married to her co-defendant, Dontae Small. Small was convicted by a federal jury in November 2016 for carjacking and destruction of government property. Small fled from police and drove the carjacked vehicle into the gates of the National Security Agency, causing a massive shutdown, in October 2015.
On January 4, 2016, officers from DPSCS Intelligence Division searched Small’s cell and found two inmate manufactured knives, commonly referred to as “shivs,” in the light fixture. Unknowingly, one of the officers had dropped his debit card in the cell, though it was returned to him shortly after the search. Small provided the stolen debit card number to Duckfield who then used the card to make fraudulent charges. On March 23, 2016, a federal search warrant was executed at Duckfield’s home in Hagerstown, where agents found and seized the items purchased with the stolen card as well as the phone and tablet used to commit the fraud. Duckfield was ordered to pay restitution to the bank in the amount of $286.
Small is scheduled for sentencing in the carjacking case at 10:00 a.m. on May 1, 2018 before United States District Judge James K. Bredar, and for trial in the fraud and identity theft case on April 16, 2018 at 9:30 a.m. before Judge Blake.
Acting United States Attorney Stephen M. Schenning commended FBI, BPD, DPSCS and the NSA Police for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Sandra Wilkinson and Paul Riley, who are prosecuting the case.
Waldorf Man Pleads Guilty to Production of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland –Carlos DeAngelo Bell, 30, of Waldorf, Maryland pleaded guilty today to 10 counts of Sexual Exploitation of Minors for the Purpose of Producing Child Pornography.
The plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Charles County State’s Attorney Anthony B. Covington, Sr.; Sheriff Troy D. Berry of the Charles County Sheriff’s Office; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Baltimore.
According to the plea agreement, from the period of January 1, 2014 to December 22, 2016, Bell used and coerced minors to engage in sexually explicit conduct for the purpose of producing child pornography. Bell is charged with committing this offense against ten minors. During the relevant period, Bell was employed as an Instructional Assistant in Charles County Public Schools, and a track and field coach at a Charles County Public High School.
Under the terms of the plea agreement, attorneys for the Unites States will recommend that Bell serve a term of imprisonment of 150 years. United States District Judge Paul W. Grimm has scheduled sentencing for March 27, 2018.
Acting United States Attorney Stephen M. Schenning thanked the Charles County State’s Attorney’s Office, the Charles County Sheriff’s Office, the Maryland State Police, and HSI. Mr. Schenning also commended Assistant United States Attorneys Timothy F. Hagan and Joseph R. Baldwin of the United States Attorney’s Office for the District of Maryland, who are prosecuting this case.
Baltimore Man Pleads Guilty to Forcible Assault on Federal Employee and Brandishing A FirearmRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On January 22, 2018, Idialyon Helm, age 21, of Baltimore, Maryland, pleaded guilty to one count of forcible assault on a federal employee, a United States Postal Service (USPS) letter carrier, and one count of brandishing a firearm in connection with a crime of violence—here, the forcible assault. In connection with his plea agreement, he also specifically admitted to one additional armed robbery, as well as an attempted armed robbery.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Postal Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service - Washington Division; and Commissioner Darryl De Sousa of the Baltimore Police Department.
According to his plea agreement, on December 29, 2016, at between 10:00 and 10:15 AM, Helm robbed a USPS letter carrier at gunpoint while the letter carrier was on his route in the 3100 block of Chesterfield Avenue in Baltimore City, Baltimore, Maryland, 21213, taking the victim’s wallet and smart watch, among other things.
Helm was indicted for forcible assault on a federal employee and brandishing a firearm in connection with a crime of violence. In pleading guilty to those charges, Helm also acknowledged that he committed two other robberies/attempted robberies just days before the robbery of the letter carrier. According to his plea agreement, on December 25, 2016, at approximately 1:30 in the afternoon, Helm approached a male victim outside of a convenience store on Caton Avenue in Baltimore, pointed a silver handgun at him, and stole his shoes—a pair of Ugg Boots. Later that afternoon, Helm also attempted to rob a female victim at an M&T Bank ATM on Belair Road in Baltimore. He approached her, pointed a silver handgun at her, and said “Give me what you got.” In response, she fled and observed Helm get into a silver Infiniti SUV and drive away.
Helm and the government have agreed that if the Court accepts the parties’ plea agreement Gregg will be sentenced to a total of 10 years in prison for the forcible assault and for brandishing a firearm. U.S. District Judge Richard D. Bennett has scheduled sentencing for March 19, 2018 at 3:00 p.m. Helm remains detained pending sentencing.
Acting United States Attorney Stephen M. Schenning commended the United States Postal Inspection Service and the Baltimore City Police Department for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Paul Riley and Judson Mihok who are prosecuting the case.
Dedication Ceremony in Memory of Deborah A. JohnstonRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
DEDICATION CEREMONY IN MEMORY OF DEBORAH A. JOHNSTON
Baltimore/ Greenbelt, Maryland - The United States Attorney’s Office for the District of Maryland has the distinct honor of announcing the dedication of the main conference room in the Greenbelt Office of the Southern Division in memory of its former Chief, Deborah Ann Johnston. The dedication will take place Friday, January 19, 2018 at 4 p.m. at the United States Attorney’s Office in Greenbelt, steps away from the office where Debbie worked until her untimely death on November 1, 2017, at the age of 64.
Deborah Ann Johnston was born in Reading, Pennsylvania. She graduated from Holy Name High School in Reading, Penn. in 1971. After high school, she attended Catholic University, where she graduated with a B.A. in Economics, followed by her J.D. Debbie served as a judicial law clerk in the Circuit Court for Prince George's County. Debbie began her career at the Prince George’s County State’s Attorney’s Office in 1988 and was eventually promoted to Chief of the Homicide/Narcotics Unit and then named Deputy State’s Attorney. During her time at the State’s Attorney’s Office, Debbie successful prosecuted high-profile defendants including Kirk Bruce, and Alphonso Quinn.
In November 1994, Debbie began her career at the United States Attorney’s Office for the District of Maryland. Highly decorated and honored, during her 23 years in federal service, she served as Chief of the Southern Division of the United States Attorney’s Office, as Associate Deputy Attorney General in the United States Department of Justice, and as Senior Litigation Counsel for now Deputy Attorney General Rod J. Rosenstein.
Debbie’s cases at the United States Attorney’s Office included dismantling narcotics organizations and prosecuting large multi-defendant drug cases such as Borda, Osorio, Nicholson, Bivins, Hernandez, Changtin, Minnick, Paulette Martin and Omar Steele et al. Though Debbie’s work in narcotic cases was legendary, she also expertly handled capital murder, drug diversion, kidnaping, and fraud cases. Her last trial, in January 2017, resulted in the conviction of a well-known Philadelphia criminal defense attorney for money laundering and obstruction of justice.
Indeed, some of Debbie’s notable prosecutions included her work on death penalty cases which led who to the successful prosecution of the sole two death row defendants in the District of Maryland, ensuring that the interests of the United States were fully vindicated. One of those cases, against Dustin Higgs and Willis Mark Haynes involved the notorious execution of three innocent young girls found dead in the Beltsville Agricultural Research Center in 1996.
Debbie’s sustained exceptional performance in the most complex and difficult cases over the years was unmatched. She worked tirelessly, putting in long hours, and seven-day work weeks. She was the epitome of a dedicated public servant.
Debbie was the first active prosecutor and the second female trial lawyer in Maryland to be offered fellowship in the Maryland Chapter of the American College of Trial Lawyers, whose membership is offered "only by invitation, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality."
Debbie also spent years teaching criminal procedure for undergraduate students at the University of Maryland, where she was highly regarded and sought by students interested in pursuing a career in law enforcement.
Debbie’s trial skills were well known. She had instant credibility with judges and juries. Though a zealous advocate for the United States, Debbie’s reputation was as a fair and honorable litigant.
Debbie is greatly missed by family, friends and colleagues. The United States Attorney’s Office celebrates her life and her contribution to the community through the naming of the Deborah A. Johnston conference room.
Baltimore Man Sentenced to Two Life Sentences Plus 10 Years in Prison for Murdering A Witness in Exchange for Money and DrugsRead the Press Release
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Greenbelt / Baltimore, Maryland – United States District Judge Roger W. Titus sentenced Troy Allen Lucas a/k/a “Troy Madron,” age 49, of Baltimore, Maryland to two life sentences and a consecutive ten year sentence in prison for the murder-for-hire of Robert Long. At the time of his death, Long was a cooperating witness in several cases pending in 2007 and 2008 in the Circuit Court for Baltimore City.
The sentence was announced by the Acting United States Attorney for the District of Maryland Stephen M. Schenning; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Colonel Woodrow Jones, Chief of the Maryland Transportation Authority Police; and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
According to evidence presented at the two-week trial, Lucas was a member of "Dead Man Inc." (DMI), a criminal street and prison gang. Lucas symbolized his allegiance to DMI while in prison in 2007 by having a large tattoo of a hangman’s noose around his neck and on his chest.
Jose Morales solicited Lucas and his now deceased brother to kill Morales’s employee, Robert Long, in order to retaliate for Long’s cooperation with the police and to prevent Long from testifying against Morales. Morales paid Lucas in cash and cocaine to kill Long. The federal case focused on the use of cellular telephones with the intent to have Long murdered and the evidence showed that Lucas and Morales used cell phones to contact one another regarding Long’s cooperation and Long’s whereabouts. Minutes after the murder, Lucas called Morales to advise that the “job” was done.
Long was shot twice in the head on March 24, 2008, in an open area behind Traci Atkins Park in southwest Baltimore known as the “Lumber Yard.” The evidence presented at trial showed that Long was shot with a .25 caliber handgun at close range and that Lucas used, carried, and discharged the gun that caused Long’s death.
Jose Joaquin Morales, age 42, of Baltimore, Maryland, was convicted at trial by a federal jury for using a cell phone to arrange the murder-for-hire of Robert Long, and was sentenced to life in prison on December 9, 2013.
The prosecution of Morales resulted in the exoneration of Demetrius Smith, who was serving life in state prison for the murder -- a crime he did not commit.
Acting United States Attorney Stephen M. Schenning commended the DEA, Maryland Transportation Authority Police and Maryland State Police for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Sandra Wilkinson and Martin Clarke, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Catonsville Man Sentenced to 2 Years in Prison for “Swatting” IncidentRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – United States District Judge Marvin J. Garbis sentenced Zachary Lee, age 26, of Catonsville, Maryland, today to two years in prison, followed by three years of supervised release for Conspiracy to Provide False Information and False Information and Hoax relating to a scheme to cause an emergency services response, a practice known as “swatting.”
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief Gary L. Gardner of the Howard County Police Department; and Howard County State’s Attorney Dario Broccolino.
According to Lee’s plea agreement, between February 17 and February 18, 2015, Lee, who resided in Ellicott City at the time, and co-conspirator Robert Walker-McDaid, age 19, of Coventry, England, United Kingdom, conspired to convey false information about a hostage situation that would cause armed law enforcement officers to be dispatched to the home of an acquaintance of Lee (the victim).
Specifically, on February 17, 2015, Lee messaged McDaid via an internet telephone service and stated, “I have someone I need sw@tted.” At McDaid’s request, Lee provided McDaid with the address of the victim and McDaid responded to Lee, “il do it when im up.” On February 18, 2015, a call from McDaid’s internet telephone account was made to the Maryland Coordination and Analysis Center’s (MCAC) Terrorism Hotline. Lee, McDaid, and another individual were participants in that call. The caller pretended to be the victim and stated that he had a loaded gun, several bags of plastic explosives, and three hostages. The caller demanded $15,000 in cash be delivered in a red bag to the victim’s address. The caller stated that he would start executing the hostages in 15 minutes if his demands were not met. Shortly after police arrived at the address, Lee allegedly posted on his Facebook account, “Love my team.”
At the time the call was made, authorities were not aware that the emergency call was false. A Howard County Police Department (HCPD) Tactical team went to the address provided by the callers, and ultimately shot the victim with rubber bullets in the chest and face. The victim suffered significant injuries to his face and chest, including bruised lungs, a fractured rib, and numerous broken bones to the left side of his face. He was transported to the hospital where he underwent approximately three facial reconstructive surgeries.
This “swatting” caused over 40 officers to respond to T.D.’s home and remain there for over 2.5 hours and cost the Howard County Police Department over $10,000. Investigators subsequently discovered that the victim was not in possession of loaded firearms or explosives, did not make the emergency call, and there were no hostages at the residence.
Walker-McDaid has been arrested in the United Kingdom and has an extradition hearing scheduled for March 27, 2018.
Acting United States Attorney Stephen M. Schenning commended the FBI, Howard County Police Department, and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Lauren E. Perry and Zachary A. Myers, who prosecuted the case.
Former President of Maryland-Based Transportation Company Indicted on 11 Counts Related to Foreign Bribery, Fraud and Money Laundering SchemeRead the Press Release
An indictment against a former co-president of a Maryland-based transportation company that provides services for the transportation of nuclear materials to customers in the United States and abroad, was unsealed today for his alleged role in a scheme that involved the bribery of an official at a subsidiary of Russia’s State Atomic Energy Corporation.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Stephen M. Schenning of the District of Maryland, Principal Deputy Inspector General April G. Stephenson of the U.S. Department of Energy’s Office of Inspector General (DOE-OIG) and Assistant Director in Charge Andew W. Vale of the FBI’s Washington, D.C. Field Office made the announcement.
Mark Lambert, 54, of Mount Airy, Maryland, was charged in an 11-count indictment with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and to commit wire fraud, seven counts of violating the FCPA, two counts of wire fraud and one count of international promotion money laundering. The charges stem from an alleged scheme to bribe Vadim Mikerin, a Russian official at JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation and the sole supplier and exporter of Russian Federation uranium and uranium enrichment services to nuclear power companies worldwide, in order to secure contracts with TENEX.
The case against Lambert is assigned to U.S. District Court Judge Theodore D. Chuang of the District of Maryland.
According to the indictment, beginning at least as early as 2009 and continuing until October 2014, Lambert conspired with others at “Transportation Corporation A” to make corrupt and fraudulent bribery and kickback payments to offshore bank accounts associated with shell companies, at the direction of, and for the benefit of, a Russian official, Vadim Mikerin, in order to secure improper business advantages and obtain and retain business with TENEX. In order to effectuate and conceal the corrupt and fraudulent bribe payments, Lambert and others allegedly caused fake invoices to be prepared, purportedly from TENEX to Transportation Corporation A, that described services that were never provided, and then Lambert and others caused Transportation Corporation A to wire the corrupt payments for those purported services to shell companies in Latvia, Cyprus and Switzerland. Lambert and others also allegedly used code words like “lucky figures,” “LF,” “lucky numbers,” and “cake” to describe the payments in emails to the Russian official at his personal email account. The indictment also alleges that Lambert and others caused Transportation Corporation A to overbill TENEX by building the cost of the corrupt payments into their invoices, and TENEX thus overpaid for Transportation Corporation A’s services.
In June 2015, Lambert’s former co-president, Daren Condrey, pleaded guilty to conspiracy to violate the FCPA and commit wire fraud, and Vadim Mikerin pleaded guilty to conspiracy to commit money laundering involving violations of the FCPA. Mikerin is currently serving a sentence of 48 months in prison and Condrey is awaiting sentencing. The indictment includes allegations against Lambert based on his role in effectuating the criminal scheme with Condrey, Mikerin, and others.
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by DOE-OIG and the FBI. Assistant Chiefs Ephraim Wernick and Christopher J. Cestaro and Trial Attorney Derek J. Ettinger of the Criminal Division’s Fraud Section, as well as Assistant U.S. Attorneys David I. Salem and Michael T. Packard of the District of Maryland, are prosecuting the case.
The Criminal Division’s Office of International Affairs has provided significant assistance in this matter. The Department also thanks its law enforcement colleagues in Switzerland, Latvia and Cyprus for providing valuable assistance with the investigation and prosecution of the case.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Former President of Maryland-Based Transportation Company Indicted on 11 Counts Related to Foreign Bribery, Fraud and Money Laundering SchemeRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4855
Greenbelt, Maryland – An indictment against a former co-president of a Maryland-based transportation company that provides services for the transportation of nuclear materials to customers in the United States and abroad, was unsealed today for his alleged role in a scheme that involved the bribery of an official at a subsidiary of Russia’s State Atomic Energy Corporation.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Stephen M. Schenning of the District of Maryland, Principal Deputy Inspector General April G. Stephenson of the U.S. Department of Energy’s Office of Inspector General (DOE-OIG) and Assistant Director in Charge Andew W. Vale of the FBI’s Washington, D.C. Field Office made the announcement.
Mark Lambert, 54, of Mount Airy, Maryland, was charged in an 11-count indictment with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and to commit wire fraud, seven counts of violating the FCPA, two counts of wire fraud and one count of international promotion money laundering. The charges stem from an alleged scheme to bribe Vadim Mikerin, a Russian official at JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation and the sole supplier and exporter of Russian Federation uranium and uranium enrichment services to nuclear power companies worldwide, in order to secure contracts with TENEX.
The case against Lambert is assigned to U.S. District Court Judge Theodore D. Chuang of the District of Maryland.
According to the indictment, beginning at least as early as 2009 and continuing until October 2014, Lambert conspired with others at “Transportation Corporation A” to make corrupt and fraudulent bribery and kickback payments to offshore bank accounts associated with shell companies, at the direction of, and for the benefit of, a Russian official, Vadim Mikerin, in order to secure improper business advantages and obtain and retain business with TENEX. In order to effectuate and conceal the corrupt and fraudulent bribe payments, Lambert and others allegedly caused fake invoices to be prepared, purportedly from TENEX to Transportation Corporation A, that described services that were never provided, and then Lambert and others caused Transportation Corporation A to wire the corrupt payments for those purported services to shell companies in Latvia, Cyprus and Switzerland. Lambert and others also allegedly used code words like “lucky figures,” “LF,” “lucky numbers,” and “cake” to describe the payments in emails to the Russian official at his personal email account. The indictment also alleges that Lambert and others caused Transportation Corporation A to overbill TENEX by building the cost of the corrupt payments into their invoices, and TENEX thus overpaid for Transportation Corporation A’s services.
In June 2015, Lambert’s former co-president, Daren Condrey, pleaded guilty to conspiracy to violate the FCPA and commit wire fraud, and Vadim Mikerin pleaded guilty to conspiracy to commit money laundering involving violations of the FCPA. Mikerin is currently serving a sentence of 48 months in prison and Condrey is awaiting sentencing. The indictment includes allegations against Lambert based on his role in effectuating the criminal scheme with Condrey, Mikerin, and others.
The charges in the indictment are merely allegations, and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by DOE-OIG and the FBI. Assistant Chiefs Ephraim Wernick and Christopher J. Cestaro and Trial Attorney Derek J. Ettinger of the Criminal Division’s Fraud Section, as well as Assistant U.S. Attorneys David I. Salem and Michael T. Packard of the District of Maryland, are prosecuting the case.
The Criminal Division’s Office of International Affairs has provided significant assistance in this matter. The Department also thanks its law enforcement colleagues in Switzerland, Latvia and Cyprus for providing valuable assistance with the investigation and prosecution of the case.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Baltimore Bail Bondsman Pleads Guilty to Drug ChargesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
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Baltimore, Maryland – Donald Stepp, age 51, of Middle River, Maryland, pleaded guilty today to possession with the intent to distribute cocaine, heroin, and other controlled dangerous substances.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Terrence B. Sheridan of the Baltimore County Police Department.
According to his plea agreement, Stepp operated Double D Bail Bonds and was an associate of former Baltimore Police Department (BPD) Sergeant Wayne Earl Jenkins. Stepp admitted that from 2015-2017, he obtained significant quantities of narcotics from Jenkins and robbed citizens of their property, including drugs, cash, and watches. Stepp admitted that he participated in robberies with Jenkins and another Baltimore Police detective.
To facilitate the robberies and drug trafficking, Jenkins brought Stepp to search locations in Baltimore City and Baltimore County, and lied to other law enforcement agencies by saying Stepp was an officer with BPD. Jenkins would come to Stepp’s residence after he had robbed citizens and Stepp would store the stolen drugs in his tool shed. Stepp then sold the stolen drugs and returned hundreds of thousands of dollars in cash proceeds to BPD officers. Jenkins took a portion of the proceeds from the drug sales and paid other officers in the BPD who participated in the robberies with Jenkins and Stepp.
On December 14, 2017, law enforcement with the Baltimore County Police Department and the Federal Bureau of Investigation executed a search warrant at Stepp’s residence and recovered approximately 423 grams of crack cocaine, 262 grams of cocaine, 14 grams of heroin, 28 grams of MDMA, digital scales, packaging material, a large sum of cash, and several high-value watches.
Jenkins has pleaded guilty to one count of racketeering conspiracy, one count of racketeering, two counts of robbery, one count of destruction, alteration, or falsification of records in a federal investigation, and four counts of deprivation of rights under color of law.
Stepp faces a maximum sentence of life imprisonment. United States District Judge Catherine C. Blake has scheduled sentencing for April 6, 2018 at 2 p.m.
Acting United States Attorney Stephen M. Schenning commended the FBI and Baltimore County Police Department for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Derek E. Hines and Leo J. Wise who are prosecuting these Organized Crime Drug Enforcement Task Force cases.
Historian Pleads Guilty to Theft of Government Records from the National ArchivesRead the Press Release
FOR IMMEDIATE RELEASE Contact Elizabeth Morse www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland –Antonin DeHays, age 33, of College Park, Maryland, pleaded guilty today to theft of government property stemming from the theft of government records from the National Archives and Records Administration.
The plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Assistant Inspector General for Investigations Jason Metrick of the National Archives and Records Administration - Office of Inspector General.
According to the plea agreement, beginning in December 2012, and continuing through in or about June 2017, DeHays stole and knowingly converted for his own use U.S. service members’ dog tags and other records from the public research room at the National Archives at College Park, Maryland. Specifically, DeHays stole at least 291 U.S. service members’ dog tags and at least 134 other records from the National Archives at College Park. Some of these dog tags bore evidence of damage, such as dents and charring due to fire sustained during the crashes.
For example, on or about December 9, 2016, DeHays visited the National Archives at College Park and stole two dog tags, one silver and one brass, issued to a downed Tuskegee Airman, who died when his fighter plane crashed in Germany on September 22, 1944. DeHays gave the brass dog tag to a military aviation museum in exchange for the opportunity to sit inside a Spitfire airplane. On a different occasion, DeHays stole two dog tags that were linked together with a wire loop. One of the dog tags was issued to a U.S. serviceman who served in World War II, and the other dog tag was issued to his father, who had served in World War I.
DeHays stole other records, in addition to dog tags, from the National Archives at College Park, including identification cards, personal letters, photographs, a bible, and pieces of downed U.S. aircraft.
Although DeHays kept some of the stolen U.S. dog tags and other stolen records for himself and gave others as gifts, he sold the majority of the stolen items on eBay and elsewhere. Before selling the dog tags, DeHays sometimes removed from the dog tags markings made in pencil which could have been used to identify the dog tags as having been stolen from the National Archives. On one occasion, DeHays sent a text message to a potential buyer stating that certain dog tags for sale were “burnt and show some stains of fuel, blood . . . very powerful items that witness the violence of the crash.” On a different occasion, DeHays sent a text message to a potential buyer stating that a dog tag for sale was “salty” (bearing the signs of war-related damage) and that an officer ID and American Red Cross ID for sale were “partially burned.”
DeHays faces a maximum sentence of 10 years in prison. A sentencing date has been set for April 4, 2018 at 9:30 a.m. at the United States District Court in Greenbelt.
Acting United States Attorney Stephen M. Schenning commended the National Archives – Office of Inspector General for their work in the investigation. Mr. Schenning also thanked Assistant United States Attorney Nicolas A. Mitchell, who is prosecuting the case.
Connecticut Man Sentenced to 1 Year in Federal Prison for Conspiracy and BriberyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
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Greenbelt, Maryland – United States District Judge Theodore D. Chuang sentenced Eugene Ostrovsky, age 57, of Stamford, Connecticut to a split sentence of 6 months imprisonment followed by two years of supervised release, the first 6 months of which are to be served on home confinement, for conspiracy to bribe a public official. Judge Chuang also ordered Ostrovsky to pay a $5000 fine.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Assistant Director in Charge Andrew Vale of the Federal Bureau of Investigation, Washington Field Office; and Deputy Inspector General for Investigations John Dupuy of the Department of Energy, Office of Inspector of General.
According to his plea agreement, Ostrovsky was the vice president and 20% owner of a metallurgical research company located in Long Island City, New York. Between August 2014 and May 2015, Ostrovsky and his co conspirators entered into what they believed to be a $3,400,000 Department of Energy ("DOE")-funded research contract. During the course of negotiating that contract, Ostrovsky negotiated the specifics of a bribe to be paid to a public official then working for the Department of Energy. In May 2015, Ostrovsky and the co-conspirators finalized a total of $80,000 in bribe money, to be paid in cash to the DOE employee, in installments over the duration of the contract.
Three other defendants in this and a related scheme Grigory Trosman, age 78, of Damascus, Maryland, Anatoly Samgorodsky, age 65, of Sarasota, Florida, and Anatoly Fedorovsky, age 57, of Fair Lawn, New Jersey, have pleaded guilty and have been sentenced. Trosman was sentenced to 18 months in prison, followed by six months of home-confinement and three years of supervised release. Samgorodsky was sentenced to 18 months, 1 day in federal prison followed by one year of supervised release and Fedorovsky was sentenced to 12 months in federal prison followed by one year of supervised release. Samgorodsky was also ordered to pay a $25,000 fine and $70,000 in restitution; Fedorovsky was ordered to pay a $15,000 fine and was ordered to forfeit $7,000, and Trosman was ordered to pay a $75,000 fine and $469,287 in restitution.
Acting United States Attorney Stephen M. Schenning commended the FBI and the DOE Office of Inspector General for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney David I. Salem, who prosecuted the case.
Florida Man Sentenced to 2 Years in Prison for Money LaunderingRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On January 5, 2018, United States District Judge George L. Russell III sentenced Eugenio Labra, age 33, of Miami, Florida to two years in prison, followed by three years of supervised release, for his participation in a nationwide scheme to steal nearly $9 million from individuals nationwide by impersonating Internal Revenue Service (IRS) agents and other confidence scams. Judge Russell also ordered Labra to pay restitution in the amount of $28,671.32.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Special Agent in Charge Kimberly Lappin of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to the plea agreement, from August 2015 until November 2015, Labra and his co-conspirators engaged in various fraud schemes, including a scheme in which they purported to be employees of the IRS and would call and threaten victims with legal action, arrest, and imprisonment for a supposed debt owed to the IRS. The callers made these threats and used other methods of intimidation to persuade the victims to wire money through MoneyGram and other money transmitters.
On November 17, 2015, the Maryland State Police (MSP) stopped Labra as part of a routine traffic stop. After a canine alerted positive for the presence of narcotics in the vehicle, MSP searched the vehicle and recovered two fake Florida driver's licenses in the names of Lavern Torres Baldi and Jack Torres, and two fake social security cards in the names of Jack Torres and Johnny Lopez. Investigators later determined that Labra used these identities, as well as his own identity, to collect from MoneyGram over $550,000 of the proceeds from his co-conspirators’ fraud. He then deposited the stolen money into bank accounts to help launder it.
In addition to Maryland, investigators located wire transfer collections as part of the scheme in the following states: Florida, Kansas, Illinois, South Carolina, North Carolina, Virginia, Pennsylvania, Massachusetts, and Washington, D.C. Labra pleaded guilty to one count of money laundering in connection with his activities.
Acting United States Attorney Stephen M. Schenning praised HSI Baltimore and IRS- CI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Dana J. Brusca and Jefferson M. Gray, who prosecuted the case.
Former Baltimore City Sergeant Pleads Guilty to Racketeering, Robberies, Overtime Fraud and Planting EvidenceRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Sergeant Wayne Earl Jenkins, age 37, of Middle River, Maryland, pleaded guilty today to one count of racketeering conspiracy, one count of racketeering, two counts of robbery, one count of destruction, alteration, or falsification of records in a federal investigation, and four counts of deprivation of rights under color of law.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
Jenkins joined the Baltimore Police Department (BPD) on February 20, 2003 and was promoted to Sergeant on November 20, 2013. On June 13, 2016, Jenkins became the Officer in Charge of the Gun Trace Task Force (GTTF,) a specialized unit within the Operational Investigation Division of the BPD. According to the plea agreement, Jenkins schemed to steal money, property, and narcotics by detaining victims, entering residences, conducting traffic stops, and swearing out false search warrant affidavits. In addition, Jenkins prepared and submitted false official incident and arrest reports, reports of property seized from arrestees, and charging documents. The false reports concealed the fact that Jenkins and his co-conspirators had stolen money, property, and narcotics from individuals.
According to his plea agreement, Jenkins admitted that he participated in seven separate robberies between May 2011 and August 2016. Jenkins also stole dirt bikes from individuals who were riding them illegally on city streets and then sold them through an associate.
In addition to the robberies, Jenkins also admitted to stealing 4-5 boxes, containing approximately 12 pounds, of high-grade marijuana that had been intercepted by law enforcement from the U.S. mail, as well as prescription medicines that he had stolen from someone looting a pharmacy during the April 2015 riots. Jenkins admitted he gave D.S. drugs he stole from detainees and arrestees, including cocaine, marijuana and heroin. D.S. was able to sell the drugs and shared the proceeds with Jenkins. In total, D.S. paid Jenkins $200,000 to $250,000 of drug proceeds.
In an effort to conceal his true identity, Jenkins told detainees and arrestees that he was a federal task force officer, which he was not, and told his co-defendants to identify him as the U.S. Attorney.
Jenkins admitted to obstructing law enforcement by alerting his co-defendants about potential investigations of their criminal conduct. Jenkins learned that Gondo and Rayam were under investigation from other BPD officers and from an Assistant State’s Attorney in the Baltimore City State’s Attorney’s Office. Jenkins also learned from a BPD officer and an Assistant State’s Attorney that there was a federal wiretap on Gondo’s phone, and that Rayam was under investigation. Jenkins then shared this information with his co-defendants. When Jenkins, Gondo, Hendrix, Hersl, Rayam, Taylor and Ward were detained in the Howard County Detention Center, Jenkins directed the defendants to “keep their mouths shut” and “stick to the story,” or words to that effect, in an effort to obstruct justice.
Jenkins has also pleaded guilty to planting evidence and authoring a false police report which resulted in the conviction and imprisonment of two Baltimore City men in 2010.
According to the plea agreement, Jenkins admitted that he routinely submitted false and fraudulent individual overtime reports, thereby defrauding the Baltimore Police Department and the citizens of the State of Maryland. On these reports, Jenkins falsely certified that he worked his entire regularly assigned shifts, when he did not, and that he worked additional hours for which he received overtime pay, when he had not worked all and in some cases any of those overtime hours. Jenkins also admitted that he submitted false and fraudulent overtime reports on behalf of his co-defendants.
The plea agreement provides for a minimum sentence of 20 years imprisonment and a maximum sentence of 30 years imprisonment.
Acting United States Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who are prosecuting these Organized Crime Drug Enforcement Task Force cases.
Baltimore Man Pleads Guilty to Bank RobberyRead the Press Release
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Baltimore, Maryland – On January 2, 2017, Tyrone Kevin Gregg, age 48, of Baltimore, Maryland, pleaded guilty to one count of bank robbery and specifically admitted to robbing or attempting to rob eight other banks in Maryland and Virginia from December 2016 through June 2017.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief Terrence B. Sheridan of the Baltimore County Police Department; Chief Tim Altomare of the Anne Arundel County Police Department; Chief J. Thomas Manger of Montgomery County Police Department; and Chief Edwin C. Roessler Jr. of the Fairfax County Police Department.
According to his plea agreement, on February 2, 2017 at approximately 10:50 am, Gregg entered a bank in Olney, Maryland where he approached the teller and said, “Give me all the money or I’ll blow your head off.”
Gregg was indicted for committing nine bank robberies in Maryland and Virginia. In pleading guilty to the February 2017 robbery, Gregg acknowledged he committed the other eight bank robberies listed in the indictment.
At the time of the robberies, Gregg was under conditions of supervised release following a 54-month prison sentence imposed by the Honorable Catherine C. Blake in the U.S. District Court for the District of Maryland as a result of convictions for Conspiracy to Commit Bank Fraud and Aggravated Identity Theft.
Gregg and the government have agreed that if the Court accepts the parties’ plea agreement Gregg will be sentenced to 10 years in prison for the robberies and up to 18 months, to be imposed consecutively, for his violation of the conditions of supervised release. U.S. District Judge Catherine C. Blake has scheduled sentencing for March 29, 2018 at 9:15 a.m. Gregg remains detained pending sentencing.
As part of his plea agreement, Gregg will be required to pay restitution to the victim banks.
Acting United States Attorney Stephen M. Schenning commended the FBI, Baltimore County Police Department, Anne Arundel County Police, Montgomery County Police and Fairfax County Police for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Paul Riley and Tamera Fine who are prosecuting the case.
Five Maryland Men Indicted for Wire Fraud and Money LaunderingRead the Press Release
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Greenbelt, Maryland – A federal grand jury indicted five individuals on charges of conspiracy to commit wire fraud and conspiracy to commit money laundering. The indictment was returned on October 26, 2017, and unsealed upon the arrest of the defendants. The five individuals indicted are:
Aldrin Fon Fomukong, a/k/a “Albanky,” a/k/a “A.L.,” age 24, of Greenbelt, Maryland;
Nnkeng Amin, a/k/a “Rapone,” a/k/a “Arnold,” age 30, of Beltsville, Maryland;
Yanick Eyong age 26, of Bowie, Maryland;
Ishmail Ganda, a/k/a “Banker TD,” age 31, of College Park, Maryland; and
Izou Ere Digifa, a/k/a “Lzuo Digifa,” a/k/a “Mimi VA,” age 22, of Lynchburg, Virginia.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andrew Watson of Homeland Security Investigations; and Special Agent in Charge Brian Ebert of the United States Secret Service, Washington Field Office.
According to the indictment, between February 2016 and in or about July 2017, the defendants gained access to email accounts associated with the victims and sent false wiring instructions, causing the victims to wire millions of dollars into drop accounts set up by the defendants. The defendants then allegedly disbursed the money received from the victims into the drop accounts by, among other transactions, using wires to transfer money to other accounts, by initiating account transfers to other accounts at the same bank, by withdrawing sums of money, by obtaining cashier’s checks, and by writing checks to other individuals or entities.
Over the course of the conspiracy, the defendants stole or attempted to steal over $8.7 million from at least 11 victims.
Fomukong, Amin, Eyong, and Digifa remain detained. Ganda is released under the supervision of pretrial services.
Fomukong and Amin face a maximum sentence of 20 years in prison for the conspiracy to commit wire fraud. Each of the defendants face a maximum sentence of 20 years in prison for conspiracy to commit money laundering.
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.
Acting United States Attorney Stephen M. Schenning praised HSI and Secret Service for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Kelly O’Connell Hayes, who is prosecuting the case.
Baltimore Business Owner Sentenced to 27 Months in Prison for Food Stamp FraudRead the Press Release
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Baltimore, Maryland – On January 2, 2018, U.S. District Judge Richard D. Bennett sentenced Kassem Mohammad Hafeed, age 53, of Baltimore, Maryland to 27 months in prison, followed by three years of supervised release, for food stamp and wire fraud. Judge Bennett also ordered Hafeed to pay restitution in the amount of $1,532,642.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture’s (USDA) Office of Inspector General.
According to Hafeed’s plea agreement and findings made during the sentencing hearing, in October 2010, Hafeed incorporated his business, Yemen Grocery and was licensed to participate in the Supplemental Nutrition Assistance Program (SNAP) as an authorized retailer. In order to participate in SNAP as an authorized retailer, businesses must certify that they understood and agreed that "trade[ing] cash for Supplemental Nutrition Assistance Program benefits “is a "violation" of SNAP regulations. In order to receive SNAP reimbursements, authorized retailers were required to establish a single authorized bank account, approved by FNS, into which SNAP benefits from legitimate transactions would be deposited.
Between October 2010 and August 2016, Hafeed redeemed SNAP benefits in exchange for cash in violation of the program rules and regulations. Hafeed fraudulently redeemed the full amount of the SNAP benefits charged on the Electronic Benefit Transfer (EBT) cards and deposited the money into his bank accounts. Typically, Hafeed paid the individual who had presented the EBT card approximately half of the value of the amount he/she had debited in cash.
As a result of these unlawful cash transactions, Hafeed received between $1.5 million and $3.5 million in SNAP deposits for food sales that never actually occurred or were substantially inflated.
Acting United States Attorney Stephen M. Schenning praised the FBI and USDA’s Office of Inspector General for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Sean Delaney who prosecuted the case.
Washington, D.C. Man Sentenced to 8 Years in Prison for Phencyclidine (PCP) ConspiracyRead the Press Release
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Greenbelt, Maryland – United States District Judge Paula Xinis has sentenced Glenn Wright, age 48, of Baltimore, Maryland, to eight years in prison followed by 3 years of supervised release for conspiracy to distribute and possess with the intent to distribute phencyclidine (“PCP”).
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andrew W. Vale of the FBI Washington Field Office; Special Agent in Charge Gordon B. Johnson of the FBI Baltimore Field Office; Chief Henry P. Stawinski of the Prince George’s County Police Department; Sheriff Melvin C. High of the Prince George’s County Sheriff’s Office; and Chief Peter Newsham of the Washington, D.C. Metropolitan Police Department.
Wright was a member of a drug trafficking conspiracy, which, according to his plea agreement, operated in Maryland and Washington, D.C. Wright participated in the conspiracy by purchasing PCP from Alexander Patton and then transporting and distributing the PCP to others. Wright made multiple purchases of PCP from Patton during the course of the investigation. During the execution of a search warrant at his residence in December 2016, agents seized eight glass vials of an amber liquid that was later determined to be PCP. The weight of the mixture and substance containing PCP that was recovered from Wright’s residence was over 100 grams.
Other members of the conspiracy who have been sentenced include:
Alexander Patton, age 41, of Waldorf, Maryland, sentenced to 120 months in prison, followed by 4 years of supervised release.
Reginald Duckett, age 49, of Washington, D.C., sentenced to 84 months in prison, followed by 3 years of supervised release.
Jermaine Washington, age 44, of Spotsylvania Courthouse, Virginia, sentenced to 37 months in prison, followed by 3 years of supervised release.
Acting United States Attorney Stephen M. Schenning commended the FBI, the Prince George’s County Police Department, the Prince George’s County Sheriff’s Office and the Metropolitan Police Department. Mr. Schenning thanked Assistant United States Attorneys Joseph Baldwin and Gregory Bernstein, who are prosecuting the case.
United States Reaches Settlement with Glenn Dale Internist to Resolve False Claims Act Allegations Relating to Medically Unnecessary ProceduresRead the Press Release
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www.justice.gov/usao/md (410) 209-4885
Baltimore, Maryland – Nwaehihie H. Onyeaghala, M.D., an internist in Glenn Dale, Maryland, that operates his medical practice in a limited liability corporation named Krystal Medical Associates, LLC, has agreed to pay the United States $1,000,000.00 to settle allegations that he submitted false claims to the United States for medically unnecessary autonomic nervous function tests and peripheral vascular tests.
The settlement agreement was announced today by Acting United States Attorney for the District of Maryland Stephen M. Schenning, Nick DiGuilio, Special Agent in Charge of the Office of Inspector General for the Department of Health and Human Services and Maryland Attorney General, Brian Frosh.
In his practice, Dr. Onyeaghala administered central and peripheral autonomic nervous function tests and peripheral vascular tests. Autonomic nervous function disorders are rare and tests conducted to determine such disorders should be done only after a clinician suspects an autonomic nervous function disorder. Furthermore, such tests should be conducted only one time per beneficiary, with the necessary equipment and by clinicians with specialized training to administer and interpret these tests. The CPT codes that Dr. Onyeaghala used for central autonomic nervous function tests were CPT codes 95921, 95922 and 95924; he used CPT code 95923 for peripheral autonomic nervous function tests.
Peripheral vascular testing is indicated when a patient presents with leg pain and an examination reveals diminished peripheral arterial pulses. The purpose of monitoring a patient that presents with these symptoms is to see if a patient’s arterial insufficiency progresses to a point where surgical intervention is needed. The CPT code that Dr. Onyeagahala used to test the peripheral vascular system was CPT code 93922 which is a “limited bilateral noninvasive physiologic study of the upper or lower arteries.”
According to the settlement agreement, from January 1, 2013 to January 28, 2017, Dr. Onyeaghala submitted claims to Medicare and Medicaid for medically unnecessary autonomic nervous function tests. The United States alleged that autonomic nervous function tests were not medically necessary because Dr. Onyeaghala lacked the necessary equipment to conduct the tests, the patients did not have an autonomic nervous function disorder before the test was conducted, Dr. Onyeaghala lacked the specific training to conduct such tests and he only used the tests to monitor patient symptoms, not make any clinical decisions about future patient care. With regard to the peripheral vascular tests, the United States alleged that Dr. Onyeaghala conducted these tests at a frequency per beneficiary that was not medically necessary. Dr. Onyeaghala denied the allegations.
Also as part of the settlement, Nwaehihie Onyeaghala, M.D. has agreed to enter into an expansive, 3 year Integrity Agreement that provides for procedures and reviews to be put in place to avoid and promptly detect conduct similar to that which gave rise to the settlement.
The civil settlement was reached by the U.S. Attorney’s Office for the District of Maryland. The Integrity Agreement was negotiated by the Office of the Counsel to the Inspector General of the Department of Health and Human Services.
This case arose from a recent initiative inside the U.S. Attorney’s Office. The United States Attorney’s Office has dedicated resources to enable it to review Medicare billing data. The review of that data has enabled the United States Attorney’s Office to identify areas of concern where it appears that billing irregularities may have taken place. Partnering with the effected agencies, the United States Attorney’s Office has developed the ability to investigate these billing irregularities to determine whether the matter is appropriate for treatment under the False Claims Act.
Acting U.S. Attorney Stephen M. Schenning commended the HHS Office of Inspector General for its work in the investigation. Mr. Schenning also thanked Assistant United States Attorney Thomas Corcoran, who handled the case.
United States Reaches Settlement with Elkton Internist to Resolve False Claims Act Allegations Relating to Medically Unnecessary ProceduresRead the Press Release
FOR IMMEDIATE RELEASE CONTACT ELIZABETH MORSE
www.justice.gov/usao/md (410) 209-4885
Baltimore, Maryland – Jui Chih Hsu, M.D., an internist in Elkton, has agreed to pay the United States $1,222,222.00 to settle claims that she submitted false claims to the United States for medically unnecessary injections and evaluation and management services that were not documented.
The settlement agreement was announced today by Acting United States Attorney for the District of Maryland Stephen M. Schenning, Nick DiGuilio, Special Agent in Charge of the Office of Inspector General for the Department of Health and Human Services and Maryland Attorney General, Brian Frosh.
In her practice, Dr. Hsu administered Vitamin B12 and Vitamin B complex injections. Medicare and Medicaid will reimburse Vitamin B12 injections in very limited circumstances, including in patients with pernicious anemia after a documented history of a failed course of Vitamin B tablets. Medicare and Medicaid do not cover Vitamin B12 injections. Additionally in her practice, Dr. Hsu performed routine evaluation and management services for her patients. Medicare and Medicaid do not reimburse for evaluation and management services that are done in conjunction with an injection because a provider is reimbursed for the evaluation needed to do the injection when the provider is reimbursed for the injection itself. Medicare and Medicaid will pay for evaluation and management service that is distinct from an injection procedure. Providers can signify that he or she did a separate and distinct evaluation and management service by using the modifier -25 when submitting the claim for payment.
According to the settlement agreement, Dr. Hsu submitted claims to Medicare and Medicaid for medically unnecessary injections of Vitamin B12 for treatment of chronic fatigue, a condition where reimbursement for Vitamin B12 injections is not permitted. Additionally, Dr. Hsu misrepresented to Medicare and Medicaid that the Vitamin B Complex injections, which are not covered by Medicare and Medicaid, were injections of Thiamine, which is covered by Medicare and Medicaid. Finally, Dr. Hsu inappropriately billed for evaluation and management services using the modifier -25 (significant, separately identifiable evaluation and management by the same physician on the same day of the procedure or other service) which Dr. Hsu failed to document that she in fact performed a separate and distinct evaluation and management service. Dr. Hsu denied the allegations.
This case arose from a recent initiative inside the U.S. Attorney’s Office. The United States Attorney’s Office has dedicated resources to enable it 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 affected agencies, the United States Attorney’s Office has developed the ability to investigate these billing irregularities to determine whether the matter is appropriate for treatment under the False Claims Act.
Acting U.S. Attorney Stephen M. Schenning commended the HHS Office of Inspector General for its work in the investigation. Mr. Schenning also thanked Assistant United States Attorney Thomas Corcoran, who handled the case.
Drug Counselor Under Contract with U.S. Probation and Pretrial Services Sentenced to 39 Months in Prison for Conspiring to Obstruct JusticeRead the Press Release
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Baltimore, Maryland – Chief United States District Judge James K. Bredar sentenced licensed drug counselor Jennifer Hamersky, a/k/a Jennifer Maroney and Jennifer Hurt, age 34, of Severn, Maryland, to 39 months in prison, followed by 3 years of supervised release for obstruction of justice and conspiring to conceal alleged violations of pretrial release by one of Hamersky’s clients.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; William F. Henry, Chief, U.S. Probation and Pretrial Services Office, District of Maryland; and Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office.
According to the open plea Hamersky was a Clinical Professional Addictions Counselor, licensed by the State of Maryland’s Department of Health and Mental Hygiene and was contracted to provide services for United States Probation and Pretrial Service Office (“USPO”) pretrial offenders and supervised release defendants in United States District Court for the District of Maryland, including mental health and substance abuse counseling, and urinalysis testing.
Person A, who was on supervised release under the supervision of USPO, met Hamersky in September 2015, when she conducted an initial substance abuse screening as part of his pretrial release supervision. Hamersky recommended and USPO concurred, that Person A attend individual and group counseling sessions and submit to random urinalysis testing to be performed by her employer.
Hamersky served as Person A’s pretrial release substance abuse and mental health counselor from September 2015 through February 2016, and again from August 2016 through February 2017, with a break due to Person A’s incarceration. Hamersky was responsible for communicating Person A’s compliance with pretrial release conditions of counseling and urinalysis testing to USPO.
According to her open plea, during Hamersky’s initial supervision of Person A, they used oxycodone pills and smoked marijuana and on at least one occasion and Hamersky met Person A’s oxycodone dealer to pick up the oxycodone pills and deliver them to Person A. In addition, court documents show that Hamersky conspired to, and obstructed justice in an effort to conceal from USPO officers and United States Magistrate and District Court Judges, Person A’s violations of his conditions of release. The violations include: use of narcotic drugs or other controlled substances; failure to appear for urinalysis testing; and failure to appear for counseling sessions.
Specifically, court documents show that Hamersky included false information and material omissions in Person A’s monthly treatment reports which were submitted to USPO, and that she provided false information to Person A’s attorney and USPO regarding Person A’s compliance with conditions of release. In November of 2015, Hamersky forged the initials of the company urinalysis collector on reports in order to make it appear that Person A had participated in urinalysis testing, when in fact, he had not. To facilitate these false submissions, Hamersky communicated with Person A. to have him sign and complete the required urinalysis testing log for submission to USPO.
Between October 2015 and through February 2016, Hamersky conspired to prevent the communication to a law enforcement officer or judge. While Person A was incarcerated, Hamersky facilitated his obtaining narcotic drugs for his personal use, then sent a report to Person A’s attorney to be used in court, which she knew contained false representations.
On January 24, 2017, Hamersky discussed how to conceal from Person A’s USPO officer the fact that Person A had missed a urinalysis test. Hamersky then called Person A’s USPO and left a voice message, falsely indicating that Person A had not missed his urinalysis test.
Acting United States Attorney Stephen M. Schenning commended the FBI, USPO, and DEA for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Philip Selden and Rachel Miller Yasser, who prosecuted the case.
Maryland Man Sentenced to 25 Years in Prison for Production of Child PornographyRead the Press Release
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Greenbelt, Maryland – On December 19, 2017, United States District Judge Roger W. Titus sentenced Aaron Lee Smiley, age 57, of Mechanicsville, Maryland to 25 years in prison, followed by a lifetime of supervised release, for Sexual Exploitation of a Minor for the Purpose of Producing Child Pornography. Judge Titus also ordered forfeiture of Smiley’s interest in his house because he used the computer in his home office to sexually exploit minors for the purpose of producing child pornography.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Sheriff Timothy K. Cameron of St. Mary’s County Sheriff’s office.
According to his plea agreement, between 2014 and 2016, Smiley had three victims ages 12 through 16 and one victim under the age of twelve. Smiley exchanged pictures, text messages, internet chats and videos with minors using a variety of programs, including Skype, ooVoo, and KIK. Smiley was entrusted with the custody, care, or supervisory control of the victim under twelve when he took pictures of the child.
During a raid of his home, Department of Homeland Security agents recovered over 100 online video recordings of chats between Smiley and one of the victims in which he entices the underage victim to engage in sexual explicit conduct for the purpose of producing visual depictions.
Acting United States Attorney Stephen M. Schenning praised the FBI, HSI, MSP, St. Mary’s County Sherriff and the Queensland Police Service in Brisbane, Australia for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Joseph Baldwin and Special Assistant U.S. Attorney Julie Finocchiaro, who prosecuted the case.
Charles County Sheriff’s Deputy Sentenced to 2 Years in Prison for Possession of Child PornographyRead the Press Release
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Greenbelt, Maryland – United States District Judge Paul W. Grimm has sentenced former Charles County Sheriff’s Deputy Alexander C. Sullivan, age 38, of King George, Virginia, to 2 years in prison followed by five years of supervised release for possession of child pornography.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Sheriff Troy D. Berry of the Charles County Sheriff’s Office; and Sheriff Steve F. Dempsey of the King George County Sheriff’s Office.
According to the plea agreement, the National Center for Missing and Exploited Children (NCMEC) received four tips from a company that provides cloud security concerning suspected child pornography being uploaded to a specific telephone number in October and November 2016. An officer from the Charles County Sheriff’s Department conducted a search on the telephone number and determined that it belonged to Alexander Sullivan of Indian Head, Maryland. A state search warrant for Sullivan and his telephone was executed in Charles County on November 17, 2016. A preview of the materials on the phone allegedly revealed more than 100 images and at least seven videos containing child pornography.
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 Attorneys' 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.
Acting United States Attorney Stephen M. Schenning commended HSI Baltimore, the Charles County Sheriff’s Office and the King George County Sheriff’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Joseph R. Baldwin and Kristi N. O’Malley, who are prosecuting the federal case.
Randallstown Man Indicted for Possession and Production of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
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Baltimore, Maryland - A federal grand jury has indicted John Michael Fowler, age 27, of Randallstown, Maryland, today on charges relating to the production and possession of child pornography.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, and Commissioner Kevin Davis of the Baltimore Police Department and Baltimore State’s Attorney Marilyn Mosby.
According to the five-count indictment, between 2013 and 2014 Fowler produced images of prepubescent minors engaged in sexually explicit conduct with an adult male. In addition, Fowler is being charged with one count of possession of child pornography.
Fowler faces a possible sentence of 30 years in prison for each count of production of child pornography and 20 years in prison for possession of child pornography.
An initial appearance is scheduled for 2:45 p.m. today in U.S. District Court in Baltimore before U.S. Magistrate Judge Beth P. Gesner.
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 Attorneys' 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.
Acting United States Attorney Stephen M. Schenning commended the FBI, the Baltimore Police Department and the Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Paul Budlow who is prosecuting the case.
Baltimore Man Indicted for Witness Retaliation and Tampering Resulting in the Death of a Baltimore WomanRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland - A federal grand jury in Baltimore, Maryland returned a six count indictment against Davon Carter, age 37, of Baltimore, Maryland. The indictment was unsealed today following the initial appearance of Carter in federal court. Four of the counts relate to the murder of Latrina Ashburne, age 41, on May 27, 2016. For these charges Carter faces a possible death sentence or mandatory life in prison. Carter is also charged with being a felon in possession of ammunition the day of the murder as well as possession with intent to distribute marijuana. Those charges carry a maximum term of 10 years in prison.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Nicholas DiGiulio of the Department of Health and Human Services, Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, and Commissioner Kevin Davis, Baltimore Police Department.
According to the six-count indictment, Carter killed Ashburne with intent to retaliate against a witness for providing to a law enforcement officer information relating to the commission and possible commission of a Federal offense and to prevent the attendance and testimony of a person in an official proceeding. The witness who was the target of the killing was not named in the Indictment.
According to the Baltimore Police Department, Ashburne was murdered in the early morning as she got into her car outside the home she shared with her mother in the 2900 block of Rosalind Ave. in the Cylburn neighborhood. The police reported that an unknown male approached and shot Ms. Ashburne in the upper body as she tried to run. At the time, the police also released a video they said showed the suspect fleeing the scene of the shooting on foot.
A detention hearing is scheduled for 1:15 p.m. today in U.S. District Court in Baltimore before a U.S. Magistrate Judge Beth P. Gesner.
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.
Acting United States Attorney Stephen M. Schenning commended HHS, FBI and BPD, for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Sandra Wilkinson and Judson Mihok, who are prosecuting the case.
Maryland Chiropractor Convicted of Filing Fraudulent Tax Returns and Obstructing the IRSRead the Press Release
A jury convicted a Salisbury, Maryland, chiropractor yesterday of filing fraudulent income tax returns and attempting to obstruct the internal revenue laws, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Stephen M. Schenning for the District of Maryland.
According to the evidence presented at trial, Dr. Warren Gregory Belcher, 59, operated a chiropractic business for nearly 20 years. During that time, he received income for chiropractic services from insurance companies, patients and other third parties, including another chiropractor in Baltimore. From 2009 through 2015, Belcher filed individual income tax returns that did not report that he operated a chiropractic business and fraudulently claimed that he had earned no business income, when, in fact, the evidence at trial established that he received total payments of more than $350,000 during that time period.
The evidence introduced at trial included dozens of letters that Belcher sent to insurance companies and other third parties in which he threatened that the companies could be subject to civil and criminal penalties for reporting payments made to him for his services to the Internal Revenue Service (IRS) on a Form 1099-MISC. Belcher also made threatening statements to an accountant to prevent the accountant from reporting his income to the government. The evidence showed that Belcher himself submitted fraudulent Forms 1099-MISC to the IRS falsely representing that companies that had reported his income to the IRS had not actually paid him income.
For the years 2009 and 2011, the IRS mailed Belcher notices informing him that his returns underreported his income. The IRS also assessed additional taxes and penalties against Belcher for his fraudulent returns, including a $5,000 penalty for filing a frivolous tax return. The evidence established that Belcher responded to these IRS notices by sending letters to the IRS asserting that the IRS was violating the law by assessing and collecting his taxes.
At trial, Belcher testified that he filed these “zero returns” based on a theory he read in a book called Cracking the Code. Belcher admitted that he knew the author of the book, Peter Hendrickson, and the author’s wife, Doreen Hendrickson, had both convicted of tax crimes.
U.S. District Judge Richard D. Bennett set sentencing for March 9, 2018. Belcher faces a statutory maximum sentence of three years in prison on each count, as well as a term of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Schenning commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Melissa S. Siskind of the Tax Division and Assistant U.S. Attorney Sean R. Delaney of the District of Maryland, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Maryland Chiropractor Convicted of Filing Fraudulent Tax Returns and Obstructing the IRSRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – A jury convicted a Salisbury, Maryland, chiropractor yesterday of filing fraudulent income tax returns and attempting to obstruct the internal revenue laws. The conviction was announced by Acting U.S. Attorney Stephen M. Schenning and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the evidence presented at trial, Dr. Warren Gregory Belcher, 59, operated a chiropractic business for nearly 20 years. During that time, he received income for chiropractic services from insurance companies, patients and other third parties, including another chiropractor in Baltimore. From 2009 through 2015, Belcher filed individual income tax returns that did not report that he operated a chiropractic business and fraudulently claimed that he had earned no business income, when, in fact, the evidence at trial established that he received total payments of more than $350,000 during that time period.
The evidence introduced at trial included dozens of letters that Belcher sent to insurance companies and other third parties in which he threatened that the companies could be subject to civil and criminal penalties for reporting payments made to him for his services to the Internal Revenue Service (IRS) on a Form 1099-MISC. Belcher also made threatening statements to an accountant to prevent the accountant from reporting his income to the government. The evidence showed that Belcher himself submitted fraudulent Forms 1099-MISC to the IRS falsely representing that companies that had reported his income to the IRS had not actually paid him income.
For the years 2009 and 2011, the IRS mailed Belcher notices informing him that his returns underreported his income. The IRS also assessed additional taxes and penalties against Belcher for his fraudulent returns, including a $5,000 penalty for filing a frivolous tax return. The evidence established that Belcher responded to these IRS notices by sending letters to the IRS asserting that the IRS was violating the law by assessing and collecting his taxes.
At trial, Belcher testified that he filed these “zero returns” based on a theory he read in a book called Cracking the Code. Belcher admitted that he knew the author of the book, Peter Hendrickson, and the author’s wife, Doreen Hendrickson, had both convicted of tax crimes.
U.S. District Judge Richard D. Bennett set sentencing for March 9, 2018. Belcher faces a statutory maximum sentence of three years in prison on each count, as well as a term of supervised release, restitution and monetary penalties.
U.S. Attorney Schenning and Acting Deputy Assistant Attorney General Goldberg and Acting commended special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Sean R. Delaney and Trial Attorney Melissa S. Siskind of the Tax Division, who are prosecuting the case.
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Two Maryland Residents Sentenced to Total of 10 Years in Prison for Bank Fraud and Identity TheftRead the Press Release
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Baltimore, Maryland – United States District Judge Ellen L. Hollander sentenced Robin Summers-Grace, age 50, of Baltimore, Maryland to 42 months in prison, followed by five years of supervised release, for bank fraud and aggravated identity theft. Summers-Grace’s co-conspirator, Joseph Pauling, age 40, of Essex, Maryland, was previously sentenced to 6 years in prison followed by 5 years of supervised release. Judge Hollander ordered both defendants to pay more than $139,000 in restitution.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Christopher Caruso of the United States Secret Service - Baltimore Field Office; and Chief Terrence B. Sheridan of the Baltimore County Police Department.
According to both plea agreements, beginning September 1, 2015 and continuing through June 30, 2016, Pauling and Summers-Grace defrauded banks and retailers by opening up fraudulent lines of credit in the names of other individuals.
Pauling would obtain the personal identifying information, including social security numbers, addresses, and names of actual individuals. Pauling would use this information to produce false identification, including counterfeit driver’s licenses, with the picture of Summers-Grace. Pauling also used special electronic equipment to create fraudulent credit cards under names matching the driver’s license.
According to court documents, Pauling provided the false identification as well as the credit histories of the individuals to Summers-Grace. Pauling and Summers-Grace would travel to retailers throughout Maryland, as well as other states, and Summers-Grace would apply for a store credit card using the false information provided by Pauling, and then would purchase the items. Pauling would sell the stolen items to “customers” on the street. On many occasions, Pauling would take “orders” from individuals for particular items in advance of the thefts.
The items stolen and sold in the course of the scheme included iPhones, iPads, flat-screen televisions, laptop computers, kitchen ovens, refrigerators, washer/dryer units, wood flooring, furniture, shoes, handbags, and designer watches.
In the course of the scheme, Pauling and Summers-Grace possessed the personal identifying information of over 200 real individuals, and defrauded dozens of banks and numerous retailers. The total intended loss amount from the scheme exceeded $250,000.
Acting United States Attorney Stephen M. Schenning praised the U.S. Secret Service and Baltimore County Police for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Matthew Maddox and Aaron Zelinsky, who prosecuted the cases.
Members of Robbery Crew Exiled to 13.5 Years and 10 Years in Prison for Gun and Drug OffensesRead the Press Release
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Baltimore, Maryland – United States District Judge Roger W. Titus sentenced Nathan Antonio Davis, age 38, of Seat Pleasant, Maryland, today to thirteen and a half years in prison, followed by eight years of supervised release, for conspiracy to possess with the intent to distribute 500 grams or more cocaine and for conspiracy to possess firearms in furtherance of a drug trafficking crime. Davis was also convicted of possession of firearms and ammunition by a felon due to his additional criminal conduct while incarcerated on this pending federal indictment. Co-defendant Raymond Dexter Parker, age 33, of District Heights, Maryland, was sentenced earlier this week to 10 years of imprisonment, followed by four years of supervised released for conspiracy to possess with intent to distribute 500 grams or more of cocaine and for possession of firearms in furtherance of a drug trafficking crime.
The sentences were announced by Acting United States Attorney for the District of Maryland Schenning M. Schenning; Special Agent in Charge Daniel Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to their plea agreements, between November 2015 through May 3, 2016, Parker conspired with Davis and others to rob certain drug dealers operating in Maryland, and conspired to possess with the intent to distribute 500 grams or more of cocaine. In addition, between March and April of 2016, Parker and Davis met with an undercover agent at various locations in Maryland to discuss robbing a drug dealer.
On May 3, 2016, the day of the planned armed robbery, Parker and Davis along with others met with the UC at a location in Maryland. During this meeting, the crew discussed, in detail, plans for the upcoming robbery. During the conversation, the UC observed Parker with a firearm in his hand and observed Parker wiping off the firearm with his search. Parker began to remove the license plates from a rental vehicle that they planned to use for the robbery and replace them with license plates from an unaffiliated vehicle parked in the parking lot to evade detection by law enforcement during and after the robbery. The men confirmed their desire to conduct the armed robbery of a drug dealer.
After the men’s arrest, law enforcement recovered a Sabre stun gun from the scene and three loaded firearms from Parker’s vehicle. From the conspirators and their vehicles, officers also located a black ski mask, nylon stockings, gloves, disinfecting wipes, duct tape, a 60,000 volt taser, paracord, and screwdrivers.
Davis and Parker have been detained since their arrest.
While detained on the above-described offenses, Davis wrote letters to individuals, which were intercepted by the Government. In one of the letters, Davis instructed one individual to retrieve a firearm from a residence in Suitland, Maryland, and bring it to the residence in Waldorf, Maryland, for safekeeping. Davis wrote another letter to a different individual and instructed the individual to retrieve a package from a dresser in the Washington, D.C. residence, weigh out a certain quantity of cocaine from the package, and sell that amount to a different individual. Davis further instructed the individual to send some of the proceeds from the sale to Davis in jail and to use the remainder of the proceeds to fund the marijuana grow operation. Based on this information, law enforcement executed three search warrants on three residences in Maryland and Washington, D.C. and recovered five firearms, ammunition, cocaine, cocaine base, drug paraphernalia, and over 3,000 in cash.
Acting United States Attorney Stephen Schenning commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Jennifer Sykes and Menaka Kalaskar, who prosecuted the case.
Laurel Man Sentenced to 4 Years in Federal Prison for Illegal Gun Possession Depicted on Social MediaRead the Press Release
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Baltimore, Maryland – On December 8, 2017 United States District Judge George L. Russell III sentenced Jamil Cross, age 27, of Laurel, Maryland to 4 years in prison, followed by three years of supervised release, for illegally possessing a firearm. Judge Russell imposed an additional consecutive term of 9 months because Cross committed the crime while on supervised release following a federal conviction for sex trafficking.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Gary L. Gardner of the Howard County Police Department.
According to his plea agreement, after a man was shot and killed in Howard County, Maryland in December 18, 2016, the man arrested for the murder called Cross on a recorded line at the local jail. The man asked Cross to delete photographs and other information on various social media websites that depicted the men and other associates in possession of handguns and drugs. After hearing the call, a Howard County police detective searched for and found a music video that a third party produced for Cross and that Cross posted on Twitter, a public social media site, on or about August 1, 2016. The video depicted Cross in possession of a semi-automatic pistol with a laser site. On one occasion, Cross held the pistol magazine toward the camera showing the cartridges/bullets loaded inside the magazine and then inserted the magazine into the pistol. Other men seen and identified on the video included the man arrested for the murder in possession of a gun, as well as Cross’s co-defendant, Carroll Buck. Cross and his associates were known to hang out at a local barber shop/pool hall in the same area of Laurel known as “Whiskey Bottom”.
As the result of various federal search and seizure warrants authorized for various social media accounts, law enforcement then identified numerous photos featuring Cross and other people in possession of multiple firearms from August 2016 through January 2017. In some instances, the individuals in the photographs are seen sharing the same guns.
Howard County police obtained state search and seizure warrants for Cross’s two known addresses on N. Laurel Road and Laurel Bowie Road and executed both warrants on February 2, 2017. During the search of the N. Laurel Road address, multiple items of evidence were located in Buck’s bedroom including .40 caliber ammunition, cocaine, marijuana, and digital scales. Cross’s fingerprints were found on the box with the ammunition. A gun and various drug paraphernalia was found during the search of the Laurel Bowie Road address.
The case against co-defendant, Carroll Buck of Laurel, Maryland is still pending.
Acting United States Attorney Stephen M. Schenning commended the FBI, Howard County Police Department, and the Howard County State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Sandra Wilkinson and Lauren Perry, who prosecuted the case.
Baltimore Man Sentenced to 17 Years in Federal Prison for RobberyRead the Press Release
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Baltimore, Maryland – United States District Judge Ellen L. Hollander sentenced Igor Yasinov, age 28, of Baltimore, Maryland today to 17 years in prison, followed by five years of supervised release, for armed robbery. Judge Hollander also ordered Yasinov pay $500,000 in restitution.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Terrence B. Sheridan of the Baltimore County Police.
According to his plea agreement, on December 25, 2012, Yasinov and co-conspirator Stanislav Yelizarov ("Yelizarov"), and others committed a burglary of a residence in Baltimore, where they stole a shotgun and semiautomatic handgun. The handgun would later be used in the robbery of a jewelry store on January 16, 2013.
In the fall of 2012, Yelizarov also devised a plan to commit the jewelry store robbery and recruited Yasinov, Zilberman, Sosonko, M. Yelizarov, Peter Magnis, Sorhib Omonov and others to participate in the robbery. Prior to the robbery, the conspirators gathered intelligence, including conducting surveillance and attaching a GPS device to the car of an employee of the jewelry store in order to learn the employee’s travel routine and habits. Zilberman also exploited his friendship with the employee to obtain information about the operation of the jewelry store and the habits of the employee. As part of the planning, S. Yelizarov obtained a law enforcement-type light bar and a loudspeaker to impersonate a police officer to stop the employee's vehicle. Yasinov participated in the obtaining of a rental vehicle for use during the crime.
According to the plea agreements, on January 15, 2013, Zilberman enticed the employee to visit his home, in order to alert the other co-conspirators of the employee’s whereabouts. While the employee was at Zilberman’s home, the other conspirators met at S. Yelizarov’s residence to prepare for the kidnapping and robbery, including preparing the firearms and donning masks and gloves. Early in the morning on January 16, 2013, M. Yelizarov and Omonov followed the employee from Zilberman’s home and notified the other conspirators of the employee’s location so they could follow the employee. S. Yelizarov, Sosonko, Yasinov, and Magnis used a law enforcement-type light bar and a loudspeaker to impersonate a police officer and pull over the employee. Brandishing firearms which were supplied by S. Yelizarov, the conspirators removed the employee from his car, bound and blindfolded the employee, put him into the trunk of his own car, and drove him to a predetermined location.
Once at the location, Sosonko, Yasinov, Magnis, and S. Yelizarov continued to brandish firearms and threatened to kill the employee’s family if he did not comply with their demands or if he reported the incident to police. The employee complied and at approximately 3:52 a.m., Sosonko and S. Yelizarov drove the employee’s vehicle from the remote location to the jewelry store. Yasinov and Magnis stayed with the employee and held him at gunpoint. M. Yelizarov and Omonov were stationed near the jewelry store to act as look-outs. S. Yelizarov and Sosonko entered the jewelry store and stole jewelry, stones, and watches, valued at about $500,000, then drove back to the remote location. The employee was then placed back into the trunk of his car and driven to another location, where he was left. The employee was able to kick his way out of the trunk through the back seat of his car.
On January 18, 2013, S. Yelizarov sold a portion of the stolen jewelry for approximately $29,000 to an FBI informant. On January 19, 2013, S. Yelizarov traveled to Brooklyn, New York to sell some, but not all, of the jewelry and stones taken during the robbery of Antony Jewelers. S. Yelizarov received over $100,000 in cash for the sale of the jewelry and stones. On or about January 21, 2013, S. Yelizarov returned to Maryland and divided the cash proceeds among the members of the conspiracy and others. Yasinov received in excess of $5,000 from S. Yelizarov for his role in the crimes.
Stanislav Yelizarov, age 27, of Pikesville, Maryland, was sentenced to 30 years in prison, after he pleaded guilty to a robbery conspiracy, kidnapping, and brandishing a firearm in relation to a crime of violence. Marat Yelizarov, age 29, of Pikesville, and Aleksey Sosonko, age 36, of Owings Mills, were sentenced to 18 years and 14 years in prison, respectively. Peter Aleksandrov Magnis, age 29, of Hydes, Maryland, and Sorhib Omonov, age 29, of Baltimore, were sentenced to seven years in prison and four years in prison, respectively. Grigoriy Zilberman, age 27, of Owings Mills, Maryland, was sentenced to three years in prison.
Acting United States Attorney Stephen M. Schenning commended the FBI, Baltimore County Police Department, and Baltimore County State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Paul E. Budlow, who prosecuted the case.
Second Man Pleads Guilty to Robbery with Member of the Baltimore Police Gun Trace Task ForceRead the Press Release
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Baltimore, Maryland – Thomas Robert Finnegan, age 38, of Easton, Pennsylvania, pleaded guilty today to one count of robbery and one count of brandishing a firearm in furtherance of a crime of violence stemming from a 2014 home invasion robbery of a Baltimore city couple.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
David Kendall Rahim and Rahim’s cousin, Detective Jemell Lamar Rayam, were also charged in the robbery. Rayam was a member of the Gun Trace Task Force (GTTF,) a division of the Baltimore Police Department (BPD).
According to his plea agreement, on June 27, 2014, police officers with the Gun Trace Task Force, including Detective Rayam, executed a search and seizure warrant at a store that sold birdseed and pigeons. No illegal contraband or firearms were found at the location. The storeowners, a married couple, had $20,000 in cash at the store that they intended to use to pay off tax liabilities they owed on two homes.
After the search, Rayam told Finnegan and Rahim about the money and agreed to rob the couple at their residence later that evening. Using a law enforcement database, the GTTF detective located the home address of the victims. The defendants surveilled the house, then Rayam gave Finnegan and Rahim BPD tactical gear to impersonate the police during the home invasion. Rayam remained outside in the vehicle so that he could intercept any police officers who responded to the home invasion by telling them that he was a BPD officer. Finnegan and Rahim entered the residence and robbed the victims at gunpoint of the $20,000. During the robbery, Finnegan pointed a gun at one of the victims and said to “sit still and be patient,” while Rahim looked on. Rahim, Finnegan, and Rayam split the proceeds.
Finnegan faces up to 20 years in prison for the robbery charge and up to life in prison for the firearm charge. Rayam and Rahim have also pleaded guilty. Sentencing for Rahim has been set for March 9, 2018 at 11:00 a.m. and sentencing for Finnegan has been set for March 9, 2018 at 12 p.m.
Acting United States Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Derek E. Hines and Leo J. Wise, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Former PA Police Officer Pleads Guilty to Mail FraudRead the Press Release
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Baltimore, Maryland –Marco DeCamillo, age 41, of Reading, Pennsylvania, pleaded guilty today to one count of mail fraud stemming from the sales of misbranded body armor.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning, Special Agent in Charge Marlon V. Miller of U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) Philadelphia and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, De Camillo was a former police officer in West Reading, PA. During his tenure as a police officer, DeCamillo also owned and operated a business called Mad Dragon Tactical (MDT). MDT sold law enforcement tactical gear, including body armor rifle plates, primarily on auction and shopping websites. DeCamillo, through MDT, sold approximately $169,000 worth of body armor that was falsely classified as certified by the National Institute of Justice (NIJ). The NIJ conducts ballistic testing on body armor.
DeCamillo falsely claimed that certain MDT body armor shields would protect against armor piercing rounds, and that certain products were made with the more robust HY80 and A4600 Steel. DeCamillo used his status as a police officer to sell the misbranded body armor rifle plates, understanding that several of his buyers were in law enforcement and/or military or defense and were relying on DeCamillo’s representations regarding the quality and safety of his products.
According to the plea agreement, on December 17, 2015, a defense contractor and NIJ accredited laboratory (“victim lab”) contacted the FBI with a complaint regarding the misuse of one of their ballistic data test sheets by MDT. The FBI verified that DeCamillo, through MDT, had advertised online a set of body armor plates with altered ballistic test sheet from the victim lab that had been completed in 2013. The original 2013 test sheet provided the results of ballistic testing on a ballistic test shield, not steel body armor plates as advertised by MDT. FBI agents viewed several MDT listings online and observed photographs of altered ballistic test sheets uploaded to each listing.
In January and February 2016, the FBI in Maryland set up controlled purchases of the body armor online from MDT through an undercover identity. All three shipments purchased listed DeCamillo’s home address in West Reading, PA as the return address and were delivered from Pennsylvania to Maryland via US Mail. Inside each package was a hard copy of the altered ballistic test sheet (originating from the victim lab). On the HY80 altered ballistic test sheet there was an additional hand-written note in the bottom margin stating, “Note-During testing Armor plate stopped (2) .308 Armor piercing Black Tip AP and (3) 7.62x39 Chinese Steel Core Armor Piercing AP rounds.”
A search warrant was conducted on DeCamillo’s residence and numerous ballistics sheets that had been fraudulently altered with “white out” or other redactions were recovered from the residence.
DeCamillo was interviewed by the FBI and admitted that he knew that his MDT body armor was not NIJ certified.
DeCamillo faces a maximum sentence of 20 years in prison. U.S. District Judge Catherine C. Blake has scheduled sentencing for March 8, 2018 at 9:15 a.m.
Acting United States Attorney Stephen M. Schenning commended the HSI and FBI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Rachel M. Yasser who is prosecuting the case.
Fifth Baltimore City Police Officer Pleads Guilty to Federal Racketeering ConspiracyRead the Press Release
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Baltimore, Maryland – Sergeant Thomas Allers, age 49, of Linthicum Heights, Maryland pleaded guilty today to charges of racketeering conspiracy and racketeering offenses, including nine robberies.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, Allers stole money from victims, swore out false affidavits and submitted false official incident reports. Sergeant Allers joined the Baltimore Police Department (BPD) on July 22, 1996. He became the officer-in-charge of the Gun Trace Task Force (GTTF), a specialized unit created to investigate firearms crimes, on or about July 25, 2013.
Allers admits that he participated in nine robberies and was armed with his BPD service firearm during the commission of the robberies. In some cases, there was no evidence of criminal conduct by the victims; Allers stole money that had been earned lawfully. The amounts stolen ranged from $700 to $66,000.
For example, on or about April 3, 2015, Allers and coconspirators executed a search warrant at a residence in Baltimore City and discovered approximately $6,000 in the home. This money was a combination of money that the homeowners had made buying and selling used cars and a tax refund the wife had received. Allers and his coconspirators took approximately $5,700 of the $6,000, and then filed a false incident report stating that only $233 had been seized.
In another incident, on or about March 2, 2016, Allers and his co-conspirators executed a search warrant at a residence in Baltimore City. The resident of the home had $200 in her purse, which her daughter had received the previous day during her birthday party, $900 to pay her rent for that month, $300 to pay down the amount of money she owed Baltimore Gas & Electric for utilities and $8,000 which were the proceeds of drug sales. Allers approved the false report that stated that only $1,624 had been seized from home, when in fact, he had stolen more than $7,000.
In another incident, on or about April 28, 2016, Allers and coconspirators arrested an individual who resided at a residence, then robbed the occupants of the residence of over $10,000. Allers approved a false incident report which failed to report that any money had been taken from the residence, when in fact he and his coconspirators stole more than $10,000. Following this robbery, one of the residents was shot and killed because he could not repay a drug-related debt.
According to the plea agreement, Allers prepared and submitted false official incident and arrest reports, reports of property seized from arrestees, and charging documents. The false reports concealed the fact that the officers had stolen money from individuals.
In total, Allers has admitted to stealing over $90,000.00.
Allers faces a maximum sentence of 20 years in prison. United States District Judge Catherine C. Blake has scheduled sentencing for February 23, 2018 at 11 a.m. Allers remains detained.
Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation. Acting U.S. Attorney Schenning also thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Former Frederick Business Owner Charged in $50 Million Bank FraudRead the Press Release
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Baltimore, Maryland – A federal grand jury has charged Mark Ian Gaver, age 56, of Bonita Springs, Florida, with eight counts of bank fraud and two counts of money laundering arising from an alleged scheme to obtain $50 million in bank financing for his company using false and fraudulent financial statements, balance sheets, and certifications of outstanding accounts receivables. The indictment was returned today, although Gaver was previously arrested on a criminal complaint when he entered the United States from Canada on November 15th.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation (FBI), Baltimore Field Office; and Special Agent in Charge Steven Perez, Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG), Northeast Region.
According to the ten-count indictment, in 1998 Gaver formed Gaver Technologies, Inc. (GTI,) an information technology company based in Frederick, Maryland. Between November 2008 and April 2016, Gaver allegedly submitted materially false financial documents to Santander Bank (Santander), including fraudulent audit reports and contract status reports, in order to obtain successive extensions and increases in lines of credit from Santander for GTI. Based upon the false documentation allegedly submitted by Gaver, Santander ultimately extended $50 million in financing to GTI. The indictment further charges that Gaver diverted a large portion of these fraudulently obtained funds to his own personal use.
According to the indictment, Santander initially approved an $18.5 million line of credit for GTI in August 2009. This line of credit was subsequently increased eight separate times between March 2010 and March 2016, successively growing from $18.5 million to a final total of $50 million. In connection with each request by Gaver for an increase in GTI’s credit line, Santander required GTI to submit specific documentation disclosing its financial performance and condition. The required documentation included audited annual financial statements, quarterly balance sheets, monthly borrowing base certificates, and monthly accounts receivable aging reports. The monthly borrowing base certificates required Gaver to certify the amount of GTI's outstanding accounts receivable, and were used by Santander to establish a maximum borrowing amount for GTI. Under the terms of GTI's line of credit agreement with Santander, GTI was only allowed to borrow up to 75% - 80% of the total amount of GTI's outstanding accounts receivable, and the funds loaned by Santander were only to be used for business purposes by GTI.
According to the indictment, Gaver also submitted Quarter Contract Status Reports to Santander between August 2009 and December 2016 which falsely represented that GTI had secured contracts with federal government agencies such as the Bureau of Alcohol, Tobacco and Firearms (ATF), the Environmental Protection Agency (EPA), the United States Air Force (USAF), the National Aeronautics and Space Administration (NASA), and the Department of Labor (DOL), or that overstated the amount of GTI’s ongoing contracts with various federal government agencies.
Gaver did use funds loaned by Santander to GTI for legitimate business purposes, but he also diverted substantial amounts of the loan proceeds to his own personal use. For example, Gaver used loan proceeds to pay $779,000 for the rental of private planes that he used for non-business purposes, as well as to pay for personal pleasure trips to St. Maarten, France, Germany, Mexico, Jamaica, and the Bahamas, as well as to purchase vacation homes, including a home in Bonita Springs, Florida that cost $2.275 million. Gaver also used loan proceeds to purchase a 2012 Maserati Gran Turismo; a 2011 Mercedes Benz SL Class Roadster; and a private membership at an exclusive golf club located in Naples, Florida that cost $300,000.
Gaver faces a maximum possible sentence of up to 30 years in prison for each of the eight bank fraud counts, as well as 10 years in prison on each of the two money laundering charges, and post-incarceration terms of supervised release for five years and three years respectively. Gaver had his initial appearance at U.S. District Court in Baltimore at 12:30 p.m. today, and a hearing to determine whether he will be released pending trial is scheduled for 2:00 p.m. on Wednesday, December 6th.
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.
Acting United States Attorney Stephen M. Schenning commended the FBI and the FHFA-OIG for their work on the investigation. Mr. Schenning also thanked Assistant U.S. Attorneys Rachel M. Yasser and Jefferson M. Gray, who are prosecuting the case.
Maryland Man Pleads Guilty to Willful Retention of National Defense InformationRead the Press Release
Nghia Hoang Pho, 67, of Ellicott City, Maryland, pleaded guilty today to willful retention of national defense information.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Stephen M. Schenning for the District of Maryland and Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Field Office made the announcement.
According to his plea agreement, beginning in April 2006, Pho was employed as a Tailored Access Operations (TAO) developer for the National Security Agency (NSA). The NSA's TAO involved operations and intelligence collection to gather data from target or foreign automated information systems or networks and also involved actions taken to prevent, detect, and respond to unauthorized activity within Department of Defense information systems and computer networks, for the United States and its allies.
In connection with his employment, Pho held various security clearances and had access to national defense and classified information. Pho also worked on highly classified, specialized projects. According to the plea agreement, beginning in 2010 and continuing through March 2015, Pho removed and retained U.S. government documents and writings that contained national defense information, including information classified as Top Secret and Sensitive Compartmented Information. This material was in both hard copy and digital form, and was retained in Pho’s residence in Maryland.
U.S District Judge George L. Russell has scheduled sentencing for April 6, 2018 at 10 a.m.
Pho faces a maximum sentence of 10 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Boente and Acting U.S. Attorney Stephen M. Schenning commended the FBI and the NSA for their work in the investigation. This case is being prosecuted by national security prosecutors in the District of Maryland and the Counterintelligence and Export Control Section of the Justice Department’s National Security Division.
Ellicott City Man Pleads Guilty to Willful Retention of National Defense InformationRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4855
Baltimore, Maryland – Nghia Hoang Pho, age 67, of Ellicott City, Maryland, pleaded guilty today to willful retention of national defense information.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Acting Assistant Attorney General for National Security Dana J. Boente; and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, beginning in April 2006, Pho was employed as a Tailored Access Operations (“TAO”) developer for the National Security Agency (“NSA”). The NSA's TAO involved operations and intelligence collection to gather data from target or foreign automated information systems or networks and also involved actions taken to prevent, detect, and respond to unauthorized activity within Department of Defense information systems and computer networks, for the United States and its allies.
In connection with his employment, Pho held various security clearances and had access to national defense and classified information. Pho also worked on highly classified, specialized projects. According to the plea agreement, beginning in 2010 and continuing through March 2015, Pho removed and retained United States government documents and writings that contained national defense information, including information classified as Top Secret and Sensitive Compartmented Information. This material was in both hard copy and digital form, and was retained in Pho’s residence in Maryland.
“The facts supporting this criminal charge and guilty plea display a total disregard of the defendant’s oath and promise to protect our nation’s national security. Such conduct cannot, and will not, be tolerated,” noted Acting United States Attorney Schenning.
"The FBI investigation revealed a flagrant violation of national security law by removal of classified information to a vulnerable setting. The U.S. government entrusts the most sensitive classified information to its security clearance holders, and in return, demands unyielding adherence to law, policy, and good sense to protect classified information by maintaining classified information in secured, approved government space. The scope of harm is not theoretical -- it denotes another attack on the bedrock secrecy and discipline required of USG security clearance holding professionals. The criminal acts described in the criminal information show a subject heedless of obligations to national security, a betrayal of the trust inherent in the security clearance he was granted, and provides clear notice that the FBI will vigorously investigate cases whenever a compromise of classified information arises,” said Special Agent in Charge Johnson.
Pho faces a maximum sentence of 10 years in prison, followed by three years of supervised release. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. United States District Judge George L. Russell has scheduled sentencing for April 6, 2018 at 10 a.m.
Acting United States Attorney Schenning and Acting Assistant Attorney General Boente commended the FBI and the NSA for their work in the investigation. Mr. Schenning thanked his office’s national security prosecutors and attorneys from the Justice Department’s National Security Division, Counterintelligence and Export Control Section, all of whom are handling the prosecution.
Potomac Doctor Indicted for Distribution of Controlled Dangerous SubstancesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal grand jury has indicted Dr. William Samuel Vaughn, III, a/k/a “Skip,”, age 62, of Largo, Maryland, today on charges of Distribution and Dispensation and Causing and Attempting to Cause the Distribution and Dispensation of Controlled Dangerous Substances. The indictment was returned on November 29, 2017 and unsealed today upon the arrest of the Vaughn.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office and Chief J. Thomas Manger of the Montgomery County Police Department.
According to the 66-count indictment, between January 2014 and June 2017 Vaughn was a physician who practiced out of an urgent care center located in Potomac, Maryland. During this time he prescribed four individuals 3,210 20 mg and 30 mg Amphetamine (Adderall) pills outside the usual course of professional practice and without a legitimate medical purpose.
Amphetamine is a stimulant and a Schedule II controlled substance. Amphetamine is commonly used for the treatment of attention deficit disorder, and is available in generic form and under the brand name Adderall.
"Today's indictment and arrest exposes Vaughn's lack of concern for the true health of his patients," FBI Special Agent-in-Charge of the Baltimore Field Office Gordon B. Johnson said. "Vaughn violated his privilege and authority to prescribe controlled drugs lawfully by putting his own personal gain ahead of his patients' health and well-being. When trusted doctors fail, the FBI and our partners are going to hold them accountable."
“Any physician who ignores the health and wellbeing of his patients and illegally prescribes narcotics to members of our community who are struggling with addiction is no better than a drug dealer selling from a street corner. Hopefully, this 66 count indictment will serve notice to the members of the medical profession and citizens of Montgomery County that we will aggressively pursue anyone, including a doctor, who is involved in the illegal distribution of drugs in our community," said Chief J. Thomas Manger of the Montgomery County Police Department.
Vaughn faces a maximum sentence of 20 years in prison and up to a lifetime of supervised release. An initial appearance has been scheduled for 2:30 p.m. in U.S. District Court in Greenbelt today.
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.
Acting United States Attorney Stephen M. Schenning commended the FBI and Montgomery County Police Department for their work in the investigation. Mr. Schenning thanked Assistant United States Attorney Kelly O’Connell Hayes who is prosecuting the case.
Former Baltimore City Sergeant Indicted for Planting EvidenceRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – A federal grand jury has indicted former Sergeant Wayne Earl Jenkins, age 37, of Middle River, Maryland, today on charges relating to a 2010 arrest based in part on planted evidence. Jenkins has been charged with Destruction, Alteration, or Falsification of Records in Federal Investigations and Deprivation of Rights Under Color of Law.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to the five-count indictment, on April 28, 2010, Jenkins, driving an unmarked Baltimore Police Department (BPD) vehicle with Officer #2 as his passenger, and Officer #1, who was also driving an unmarked BPD vehicle, engaged in a vehicle pursuit of a car driven by U.B. B.M. was a passenger in the car driven by U.B.
At the intersection of Belle Avenue and Gwynn Oak Avenue, U.B., who was driving at a high speed, struck a car entering the intersection. The impact of the collision was so great that the car was pushed onto the front porch of a row house on the corner of the intersection. The car was operated by an elderly man whose wife was a passenger. The elderly driver was trapped in the car after the collision and died later that day.
The indictment alleges there were no drugs in the car driven by U.B. prior to the crash. After the crash, and after U.B. and B.M. had been arrested, Jenkins told Officer #2 to call a Sergeant who was not at the scene because he had the “stuff” in his car.
After emergency medical personnel arrived on the scene, Officer #2 returned to Jenkins who was standing near U.B. and B.M.’s car. At that time, Jenkins told Officer #2 that the “stuff” was in the car, referring to U.B. and B.M.’s car, and that Jenkins was going to send Officer #1 to the car to find it because Officer #1 was “clueless.” Sometime later, Officer #2 saw Officer #1 searching the car. Officer #1 signaled that he had found something.
Officer #1 found approximately 28 grams of heroin that Jenkins had planted in the vehicle. Later that day, Jenkins authored a false Statement of Probable Cause where he claimed that “32 individually wrapped pieces of plastic containing a tan powder substance each weighing approximately one gram (all of which was suspected high purity heroin)” was recovered from U.B.’s car by Officer #1. The indictment charges that Jenkins knew the heroin in U.B.’s car had been planted.
Following the incident and arrest, Jenkins listened to recorded jail calls of U.B. and B.M. After having listened to these calls, Jenkins told Officer #2 that U.B. and B.M. were saying that the heroin recovered from the car had been planted on them. Jenkins told Officer #2 that he could not testify if the case went to trial because “something had been put in the car,” referring to the heroin that had been planted in U.B.’s car.
Based on the false police report, U.B. and B.M. were charged with, and imprisoned for, federal drug charges for the heroin that had been planted in U.B.’s car.
Jenkins is presently awaiting trial on January 16, 2018 on criminal racketeering and fraud charges. Jenkins now faces an additional sentence of 20 years in prison for the additional charges. Jenkins remains detained.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The United States Attorneys Office filed a petition for a writ of coram nobis to vacate the Federal convictions of U.B. and B.M.
PETITION FOR A WRIT OF CORUM NOBIS TO VACATE CONVICTIONS
The United States has filed a petition for a writ of corum nobis in United States v. Burley and Matthews, Cr. No. 11-74-RDB, to vacate the federal drug convictions of Burley and Matthew because they are innocent.
Federal Courts have the power to grant a writ of error coram nobis to vacate a conviction after a sentence has already been served to achieve justice.
On June 10, 2011, Umar Burley and Brent Matthews entered pleas of guilty in United States District Court to charges of possession with intent to distribute heroin despite the fact they knew they were innocent. Both men concluded that in a trial involving a Baltimore Police Department Sergeant’s word against theirs, they would lose.
On August 18, 2011, Burley was sentenced to 15 years in prison on the federal drug charge to run concurrent to his state sentence (10 years) in the vehicular manslaughter case. On September 19, 2011, Matthews was sentenced to 46 months in prison on the federal drug charges with credit for time served since March 4, 2011.
On September 19, 2013, Matthews was placed on supervised release after serving more than two-and-a-half years in federal custody.
During the course of the ongoing investigation of corruption at the Baltimore Police Department, the United States learned that the heroin Jenkins planted was the heroin in Burley’s vehicle. Jenkins did not disclose that the heroin was planted to the prosecutor who was assigned to prosecute Burley and Matthews. On August 23, 2017, the Government moved to reduce Burley’s sentence to time served. After a hearing on August 31, 2017, the Court granted the Government’s motion and Burley was released from prison that day.
Acting United States Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who moved to vacate the convictions of Burley and Matthews and are prosecuting the Organized Crime Drug Enforcement Task Force cases against Jenkins and other former officers of the Baltimore City Police Department and Philadelphia Police Department.
Forest Heights Man Sentenced to 10 Years in Federal Prison for Robbery and Attempted RobberyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – On Friday, November 17, 2017, U.S. District Judge Paula Xinis sentenced Sean Lamar Jordan, age 43, of Forest Heights, Maryland, to ten years in prison, followed by four years of supervised release on charges of Robbery, Attempted Robbery and Using, Carrying, and Brandishing of a Firearm During and in Relation to a Crime of Violence.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andrew W. Vale of the Federal Bureau of Investigation, Washington Field Office; Chief Douglas Holland of the Hyattsville Police Department and Chief Henry P. Stawinski III of the Prince George’s County Police.
According to his plea agreement, in June 2015, Jordan conspired with Ronnie Anthony Ingram, Jr. and William Eugene Nolan to rob cell-phone stores in Beltsville, Maryland and Hyattsville, Maryland. Among other things, Jordan provided Nolan with a loaded handgun to use during the robberies, and he also provided information to Nolan and Ingram concerning the target stores, in order to facilitate their crimes.
On June 27, 2015, Nolan and Ingram, having been armed and informed by Jordan, entered into a cell-phone store in Beltsville, Maryland, wearing black ski masks. Nolan pointed the handgun at employee and demanded to be taken to the safe, where Nolan, Ingram, and Jordan believed that certain valuable cellular telephones were located. But upon discovering that there was no safe, Nolan struck one of the employees with the gun, and he and Ingram fled from the store without taking any goods.
Later that same day, Jordan advised Nolan and Ingram of a nearby cell-phone store in Hyattsville, which Jordan believed was a good robbery target. Jordan, Nolan, and Ingram went to that store, and Jordan again provided information to facilitate the robbery. That evening, Nolan and Ingram entered that store wearing ski masks, with Nolan again bearing a gun. After threatening employees, they stole approximately 34 electronic devices, valued at approximately $20,390, and escaped in a car that they had parked nearby.
Following the successful robbery of the Beltsville store, Nolan and Ingram met with Jordan, and Nolan returned Jordan’s handgun. Nolan and Ingram also gave Jordan the majority of the stolen goods, so that Jordan and others could sell them for cash. Jordan later provided Nolan and Ingram approximately $1,700 each as payment for their roles in the robbery.
Jordan’s co-defendants have previously pleaded guilty. Ingram was sentenced to 46 months in prison followed by three years of supervised release, and Nolan was sentenced to 74 months in prison followed by three years of supervised release.
Acting United States Attorney Stephen M. Schenning praised the FBI, the Hyattsville Police, the Prince George’s County Police, and the Alexandria (Virginia) Police for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Michael Packard and Thomas Sullivan who prosecuted the case.
“John Doe” Convicted of Passport Fraud, Social Security Fraud, Aggravated Identity Theft, and Two Counts of Voter FraudRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4855
Baltimore, Maryland – A federal jury has convicted “John Doe,” whose true identity remains unknown, on charges of passport fraud, social security fraud, aggravated identity theft, and two counts of voter fraud.
The verdict was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Richard J. Ingram for the Washington Field Office of the U.S. Department of State’s Diplomatic Security Service; and Special Agent in Charge Michael McGill of the Social Security Administration—Office of the Inspector General, Philadelphia Field Division.
According to evidence at presented at the three-day trial, beginning at an unknown time, the defendant has lived under the assumed identity of a United States Citizen born in the United States Virgin Islands.
Beginning in the summer of 1997, the defendant used the victim’s personally identifiable information to obtain a series of driver’s licenses and identification cards, including a Maryland state identification card and multiple Maryland driver’s licenses. Building upon these documents, the defendant also obtained a United States passport, a Social Security card, and registered to vote. Most recently, in the 2016 Presidential Election, the defendant voted using the name of the stolen identity.
The defendant faces up to 10 years imprisonment for passport fraud, 5 years for Social Security fraud, 5 years for each count of voter fraud, and a mandatory 2-year consecutive sentence for aggravated identity theft. Sentencing is set for February 23, 2017, at 10:00 a.m. at the U.S. District Court in Baltimore. The defendant remains detained in the custody of the United States Marshal pending sentencing.
Acting United States Attorney Stephen M. Schenning commended the Department of State—Diplomatic Security Service; and the Social Security Administration—Office of the Inspector General for their work in the investigation. Mr. Schenning acknowledged the assistance of the Acting United States Attorney Joycelyn Hewlett in the District of the Virgin Islands, and the Howard County Police Department and thanked Assistant U.S. Attorneys Zachary A. Myers and Phil Selden who prosecuted this case.
If anyone has any information on the identity of “John Doe,” who has used the name Cheyenne Moody Davis, they are asked to email the State Department at [email protected].
According to the Diplomatic Security Service, John Doe is approximately 41-44 years old, 5’8, with light brown eyes and has previously gone by the pseudonyms “Chris” or “Richie.” John Doe may be from from Antigua, Barbuda, the Dominican Republic, Haiti, or Jamaica. According to evidence introduced at trial, he has a Jamaican accent. According to the State Department, John Doe would have been between 20-25 years old when he left disappeared from his community around June of 1997. More information can be found at https://www.state.gov/m/ds/rls/274463.htm.
Man Sentenced to Twenty Years in Federal Prison for Production of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4855
Baltimore, Maryland – On November 15, 2017, United States District Judge Richard D. Bennett sentenced Russell Todd O’Bannon, age 52, of Dundalk, Maryland, to 20 years in prison, followed by a lifetime of supervised release for production of child pornography. Judge Bennett ordered that, upon his release from prison, O’Bannon must register as a sex offender in the place 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 Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Police Chief Wade Goolsby of the Waxahachie Police Department in Waxahachie, Texas.
According to his plea agreement, between November 2013 and January 2016, O’Bannon communicated with numerous male and female minors through the internet in which he persuaded, induced, and enticed the victims to engage in sexually explicit conduct, to produce images of this conduct, and to send the images to him. As a result, the minor victims sent O’Bannon numerous pornographic images of themselves through the social media platform Facebook.
The 17 minor victims were located in various regions of the United States and in foreign countries. O’Bannon communicated through the text-messaging feature of Facebook, using alias Facebook profiles that falsely identified him as “Martin Anderson.” Under this alias, O’Bannon consistently lied about his age to his minor victims and sent the victims photos of nude and shirtless young men and photos of genitals, claiming that these were images of himself. O’Bannon requested that the minors send him images of their genitalia and of them engaging in masturbation, and the victims complied with these requests. O’Bannon also stated intentions of visiting the minors to have sex, and graphically described the sex acts he intended to perform with them. He regularly told female victims that he wanted to have unprotected sex to impregnate them. Several of the minor victims were in foster care or in group homes. Two of the minors told O’Bannon that they had been victims of previous rapes. O’Bannon responded by requesting details about the rapes and continued to ask for pornographic images of the children.
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 Attorneys' 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.
Acting United States Attorney Stephen M. Schenning commended the FBI and the Waxahachie Police Department for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Matthew Maddox who prosecuted the case.