District of Maryland
Press releases recorded for this federal judicial district.
Silver Spring Tax Preparer Sentenced for Making a False Statement on a Tax ReturnRead the Press Release
Greenbelt, Maryland – U.S. District Judge Roger W. Titus sentenced Alejandro A. Salas, age 65, of Silver Spring, Maryland today to 18 months in prison followed by one year of supervised release for making a false statement on a tax return. Judge Titus also ordered Salas to pay $393,018 in restitution and perform 100 hours of community service.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
“IRS Criminal Investigation in partnership with the United States Attorney for the District of Maryland will continue to pursue individuals and businesses that do not pay all the taxes that are owed to the U.S. treasury,” said Thomas J. Kelly, Special Agent in Charge, IRS Criminal Investigation, Washington, D.C. Field Office. “Today’s sentencing of Mr. Salas should be a warning to others that IRS Criminal Investigation is focused on those that intentionally underreport taxable income, no matter what entity or individual they attempt to hide behind.”
According to his plea agreement, from 2004 to 2008, Salas ran G&S Enterprises of Maryland, a tax return preparation business in Silver Spring that also offered translation services, travel agency services, accounting and bookkeeping services for local companies; facilitated international money transfers; and brokered mortgage loans. In 2009, after learning that he was the target of a criminal investigation, Salas moved the location of his business and began preparing tax returns for clients under the corporate name TAX USA, which he incorporated under the name of another individual.
Between 2004 and 2009, Salas’ business prepared over 15,700 tax returns for clients.
Salas admitted that for tax years 2003 through 2005, he underreported the income from his tax preparation business on his individual income tax returns; and underreported the income from the business on the corporate tax return he filed for the 2006 tax year. For example, on his 2005 income tax return Salas listed the gross income from his sole proprietorship as $295,537, when in fact, the gross income from his business substantially exceeded that amount. For tax years 2007 through 2009, Salas failed to file either corporate or individual tax returns.
The total tax loss to the government as a result of Salas’ actions is $393,018.
United States Attorney Rod J. Rosenstein praised the IRS-CI for its work in the investigation and thanked Assistant U.S. Attorney Sujit Raman, who prosecuted the case.
President of Frederick Mail Preparation Service Sentenced to Prison for Fraud Resulting in Losses of over $628,500Read the Press Release
Majority of Victims Were Non-Profit Clients Who Relied on the Mailings to
Raise Funds
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Chester William Bigelow, age 58, of Woodbine, Maryland, today to 30 months in prison, followed by three years of supervised release, for conspiracy to commit mail and wire fraud relating to the failure to provide contracted-for services to clients of Bigelow’s company, RMS Direct, Inc., resulting in losses of over $628,500. Judge Blake also ordered Bigelow to perform 200 hours of community service and to forfeit $628,581.48, representing postage payments made to RMS by its clients, but never paid to the USPS, as well as $13,500, which he withdrew from the RMS bank account and was used by his family members to purchase a car for their personal use.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division.
According to his plea agreement, Bigelow was the president and owned 65% of the shares of RMS Direct, Inc., a mail preparation service located in Frederick, Maryland, with over 200 clients and revenues of over $5 million per year. Under the supervision of Bigelow and RMS vice president Stephen Reid, RMS entered into contracts to prepare and submit to the U.S. Postal Service (USPS), large-volume mailings, typically made up of pamphlets, brochures, books, and other printed materials.
RMS clients were primarily non-profit corporations that relied upon the mailings sent through RMS to raise funds, and the timing of the mailings was essential to their fundraising efforts. RMS assembled the mailings, applied the postage and addresses, and organized the pieces of mail for submission to the USPS. RMS submitted the mailings to a full-time USPS Acceptance Clerk that was assigned to its office. As proof that the mailings went out, RMS then emailed its clients either of two USPS documents – a postage statement signed and certified by the USPS Acceptance Clerk or a Mailing Transaction Receipt printed from an online USPS database. Both documents included information as to the dates, times, number of pieces of mail and postage paid. Once the RMS client received a statement, it would remit payment to RMS.
Bigelow admitted that the conspiracy began in 2005, when he and Reid, who owned 35% of the shares of RMS, falsified postage statements to misrepresent to RMS clients that mailings were being sent out in a timely fashion when, in fact, the mailings were late. Beginning in 2009, Bigelow and Reid selected certain mailings or portions of mailings that would not be submitted at all to USPS for delivery. Bigelow and Reid made sure that the documentation sent to the RMS client was falsified to indicate that the full mailing had been submitted, thereby causing the client to overpay RMS for postage and services.
To accomplish the fraud, Bigelow, Reid, and RMS employees operating at their direction, generated false postage statements, forged the signature of the USPS Acceptance Clerk and created a false impression of the special USPS date stamp used on the postage statement. Bigelow attempted to recreate the special USPS date stamp by hand, but was unsuccessful. Then, in 2006, RMS employees gained unauthorized access to the USPS Acceptance Clerk’s key to the filing cabinet where the date stamp was stored. Bigelow instructed an RMS employee to make a copy of the key, which Bigelow kept in his desk drawer. From that time until 2010, Bigelow, Reid, and RMS employees operating at their direction used Bigelow’s copy of the key to gain access to the date stamp when the USPS Acceptance Clerk was not present in order to falsify postage statements. Beginning in 2010, when the computer-generated Mailing Transaction Receipt was adopted by the USPS to certify mailings, Bigelow and Reid falsified those as well, using a document that had been created, which, when printed, looked identical to the USPS Mailing Transaction Receipt. Bigelow and Reid directed RMS employees to use this document to create false Mailing Transaction Receipts, which were sent to RMS clients as proof of the timely and complete submission of their mailings.
Bigelow and Reid took other measures to conceal the fraud and prolong the victimization of RMS clients. For example, RMS clients often included pieces of mail known as “seeds,” in the mailings they provided to RMS. These “seeds” were sent to particular individuals or addresses so that the client could track the timing and appearance of the mailing. Bigelow directed RMS employees to make sure to deliver the “seeds” from the mailings that were going out late or were not otherwise submitted to the USPS, in order to conceal the fraud.
Bigelow also requested refunds for mailings or portions of mailings that RMS failed to submit to USPS for delivery. If postage was paid for a mailing, but the mailing was not submitted for delivery, RMS, as a third-party mailer, could request a refund of 90% of the postage value. Bigelow requested these refunds for unsent pieces of mail and retained the funds as RMS revenue. The refunds requested were generally in amounts less than the $500 threshold that would have triggered additional scrutiny by USPS officials.
As a result of the scheme, at least 19 victims lost a total of $628,581.48.
Stephen Reid, age 51, of Frederick, Maryland, previously pleaded guilty to the same charge and was sentenced to two years in prison and ordered to forfeit and pay restitution of $628,581.48, the amount of loss resulting from the fraud.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service for its work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Matthew Lunder, a trial attorney with the Justice Department’s Antitrust Division, National Criminal Enforcement Section, who prosecuted the case.
Twice Convicted Sex Offender Sentenced to 51 Years in Prison for Eight Counts of Production of Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge James K. Bredar sentenced Terrance Dion Robinson, age 39, of Baltimore, Maryland, today to 51 years in prison, followed by lifetime supervised release, for eight counts of sexually exploiting minors to produce child pornography. Robinson had two previous convictions in Montgomery County, Maryland, for crimes involving the sexual abuse of children. Judge Bredar ordered that upon his release from prison Robinson 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 United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.
According to Robinson’s plea agreement, between 2007 and 2010, Robinson produced images and videos of two prepubescent minors engaged in sexually explicit conduct, while he was alone with the victims. Additionally, Robinson used a publicly available file sharing program to download images and videos of child pornography from the internet. Robinson saved the images and videos to his laptop computer, external hard drive, and to other digital media.
On October 18, 2010, detectives from the Child Abuse Unit of the Baltimore Police Department searched Robinson’s residence and seized Robinson’s computer equipment and digital camera. During a subsequent forensic examination of the computer and digital media, investigators found images and videos of the victims engaged in sexually explicit conduct produced by Robinson. The digital media seized from Robinson’s home also contained over 600 images of children engaged in sexually explicit conduct, including at least 4 videos. The videos were downloaded from the internet in 2010 using a file sharing program. The forensic examination of the computer, external hard drive, thumb drives, flash drives, CDs and DVDs revealed that Robinson regularly searched for files, websites and discussions relating to child pornography and encryption.
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.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department, and the Baltimore City State’s Attorney’s Office for their work in this investigation and prosecution. Mr. Rosenstein thanked Assistant U.S. Attorney Paul E. Budlow and former Special Assistant United States Attorney Christine Duey of the U.S. Justice Department, who prosecuted the case.
Twice Convicted Sex Offender Sentenced to 51 Years in Prison for Eight Counts of Production of Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge James K. Bredar sentenced Terrance Dion Robinson, age 39, of Baltimore, Maryland, today to 51 years in prison, followed by lifetime supervised release, for eight counts of sexually exploiting minors to produce child pornography. Robinson had two previous convictions in Montgomery County, Maryland, for crimes involving the sexual abuse of children. Judge Bredar ordered that upon his release from prison Robinson 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 United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.
According to Robinson’s plea agreement, between 2007 and 2010, Robinson produced images and videos of two prepubescent minors engaged in sexually explicit conduct, while he was alone with the victims. Additionally, Robinson used a publicly available file sharing program to download images and videos of child pornography from the internet. Robinson saved the images and videos to his laptop computer, external hard drive, and to other digital media.
On October 18, 2010, detectives from the Child Abuse Unit of the Baltimore Police Department searched Robinson’s residence and seized Robinson’s computer equipment and digital camera. During a subsequent forensic examination of the computer and digital media, investigators found images and videos of the victims engaged in sexually explicit conduct produced by Robinson. The digital media seized from Robinson’s home also contained over 600 images of children engaged in sexually explicit conduct, including at least 4 videos. The videos were downloaded from the internet in 2010 using a file sharing program. The forensic examination of the computer, external hard drive, thumb drives, flash drives, CDs and DVDs revealed that Robinson regularly searched for files, websites and discussions relating to child pornography and encryption.
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.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Baltimore Police Department, and the Baltimore City State’s Attorney’s Office for their work in this investigation and prosecution. Mr. Rosenstein thanked Assistant U.S. Attorney Paul E. Budlow and former Special Assistant United States Attorney Christine Duey of the U.S. Justice Department, who prosecuted the case.
- This release removed
New Indictment Charges Montgomery County Man and an Illinois Woman in A Violent Sex Trafficking ConspiracyRead the Press Release
Allegedly Used Guns, Threats, and Violence to Force the Victims to Engage
in Prostitution
Greenbelt, Maryland – A federal grand jury has returned a superseding indictment charging Jean Claude Roy, a/k/a “Dredd the Don,” and “Dreddy,” age 31, of Germantown, Maryland, and Brittney Creason, a/k/a “Kitty Amor,” age 19, of Decatur, Illinois, with conspiracy to commit sex trafficking. Roy is also charged with sex trafficking and attempted sex trafficking by force, fraud and coercion; interstate transportation for prostitution; possessing and brandishing a firearm during a crime of violence; and witness and evidence tampering. Creason was arrested today in Las Vegas, Nevada, where she was being held on unrelated charges. Roy, who was charged in the initial indictment, remains detained. The superseding indictment was returned on July 24, 2013.
The superseding indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Assistant Attorney General for the Department of Justice Civil Rights Division Jocelyn Samuels.; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief J. Thomas Manger of the Montgomery County Police Department.
“Protecting our communities from those who engage in human trafficking is a top priority for ICE Homeland Security Investigations,” said William Winter, special agent in charge of HSI Baltimore. "As a member of the Maryland Human Trafficking Task Force, HSI is committed to working with our law enforcement partners to investigate human trafficking, as well as working with our local non-governmental, community-based and faith-based organizations to identify, rescue and assist victims of trafficking.”
According to the 12-count indictment, between August and September 2012, Roy forced an individual to engage in commercial sex acts, transported the victim across state lines to engage in prostitution and brandished a gun to facilitate the sex trafficking. The indictment further alleges that in December 2012, Roy and Creason conspired to force three individuals to engage in commercial sex acts. As part of the conspiracy, Roy and Creason are alleged to have recruited and transported females from Illinois and North Carolina, with the intent to have those women engage in prostitution. According to the indictment, Roy forced one of the victims to engage in sex acts with him, while Creason held her down. The indictment alleges that Roy forced the women to engage in prostitution by threatening them with physical force and death, brandishing a firearm and by bragging about beating murder charges. Finally, the indictment alleges that from January 1 to January 10, 2013, while Roy was in jail on related state charges, he made numerous telephone calls to an individual and had that person access online accounts and storage services belonging to Roy and Creason in order to erase evidence related to these charges.
Roy and Creason face a maximum sentenced of life in prison for conspiracy to commit sex trafficking.
Roy faces a minimum mandatory sentence of 15 years in prison and a maximum of life in prison on each of two counts of sex trafficking and two counts of attempted sex trafficking; a mandatory sentence of 7 years for first count of brandishing a firearm in relation to a crime of violence and a mandatory sentence of 25 years for second count, consecutive to any other sentence imposed, and a maximum of life in prison; a maximum of 10 years in prison for each of four counts of interstate transportation for prostitution; and a maximum of 20 years in prison for witness and evidence tampering. No court appearance has been scheduled for the defendants in U.S. District Court in Greenbelt.
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 investigated by the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit www.justice.gov/usao/md/Human‑Trafficking/index.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Rod J. Rosenstein commended HSI Baltimore and the Montgomery County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley, and Trial Attorney William E. Nolan of the U.S. Department of Justice Civil Rights Division's Human Trafficking Prosecution Unit, who are prosecuting the case.
Leaders in A $3 Million Marijuana and Money Laundering Conspiracy Each Sentenced to over 10 Years in PrisonRead the Press Release
Greenbelt, Maryland - U.S. District Judge Alexander Williams, Jr. sentenced Jose Valenzuela, age 59, and his wife Beatriz Valenzuela, age 56, both of Nogales, Arizona, today to 137 months and 125 months in prison, respectively, each followed by five years of supervised release, for conspiracy to distribute more than 1,000 kilograms of marijuana and for a money laundering conspiracy. The Valenzuelas also forfeited bank accounts worth $1,265,740.65 and $970,000 in cash.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief Mark A. Magaw of the Prince George’s County Police Department.
“This case is an excellent example of how the teamwork between HSI and the Prince George’s County Police Department in dismantling a drug trafficking and money laundering organization can benefit our communities,” said William Winter, HSI special agent in charge in Baltimore. “HSI works aggressively to keep illegal drugs out of our communities, and to dismantle the criminal networks that profit from drug trafficking and the crime that surrounds it.”
According to the Valenzuelas’ guilty pleas, between June 6, 2011 and July 9, 2012, Jose and Beatriz Valenzuela utilized package shipping businesses they owned to ship marijuana from Arizona to Maryland and received proceeds in return. Antonio Hill, Jr., coordinated the shipment of drugs from Arizona to Maryland and managed the laundering of the proceeds to the sources of supply in Arizona, with the assistance of his brother, Erico Hill, who also coordinated the distribution of the marijuana in Maryland. Conspirators James Lewis, Jr., Ernest Rawlings, Jr., Errol Comma and Jane Nkemateh all assisted in the receipt of packages containing marijuana from Arizona. Lewis and Kenneth Davis further assisted in the repackaging of marijuana for distribution in Maryland, and the laundering of the proceeds to the sources of supply in Arizona. On July 11, 2012, law enforcement executed search warrants at the Valenzuelas’ home and businesses. They recovered $970,000 in cash from their home and more than 750 pounds of marijuana from the businesses.
According to their plea agreements, in order to evade IRS filing requirements for transactions involving more than $10,000 in cash, and conceal from the government large cash transactions by narcotics dealers, Jose and Beatriz Valenzuela arranged for Hill and other conspirators to deposit the proceeds of the conspiracy into bank accounts they controlled, with each transaction being less than $10,000. Some of those accounts were in the names of third parties.
Antonio Hill, Jr., a/k/a NuNu, age 33, of Largo, Maryland; Erico Hill, a/k/a Rico, age 31, of Hyattsville, Maryland; James Lewis, Jr., a/k/a Little Man, age 23, of Hyattsville; Kenneth Davis, a/k/a Benny, age 25 of Hyattsville; Ernest Rawlings, Jr.,a/k/a Junior, age 30, of Riverdale, Maryland; and Errol Comma, a/k/a E, age 31, of Lanham, Maryland, have all pleaded guilty to their roles in the conspiracy and are awaiting sentencing. Jane Nkemateh, a/k/a Jayne Nekematah, age 29, of New Carrollton, Maryland, also pleaded guilty and was sentenced to two years in prison and ordered to forfeit bank accounts worth $1,265,740.65.
United States Attorney Rod J. Rosenstein praised HSI Baltimore, HSI Phoenix and the Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Mara Zusman Greenberg and Christen A. Sproule, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Leader of Baltimore Area Oxycodone Ring Sentenced to PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Joseph Church, age 41, of Baltimore, Maryland, today to 51 months in prison, followed by three years of supervised release, for conspiracy to distribute and possess with intent to distribute oxycodone.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Chief James W. Johnson of the Baltimore County Police Department; Howard County Police Chief William McMahon; and Anne Arundel County Police Chief Kevin Davis.
“Prescription drug trafficking is here in Maryland and it’s a growing problem that we in law enforcement will aggressively investigate,” stated Gary Tuggle, Assistant Special Agent in Charge of the Drug Enforcement Administration, Baltimore District Office. “Church will now spend time in a federal prison far away from his family,” added Tuggle.
According to his guilty plea and other court documents, Church conspired with others to distribute oxycodone in the Baltimore City, Baltimore County and Anne Arundel County areas. Church obtained blank prescriptions from Wendy Pinkard, his girlfriend at the time, who worked as an office manager in a medical facility. Between 2008 and 2011 Pinkard provided more than 175 prescriptions to Church. Church filled out the prescriptions, typically for 180 thirty milligram pills or for 90 eighty milligram oxycodone pills, then recruited individuals, some of whom used fake identities, to go into pharmacies to obtain the oxycodone pills. The individuals returned the pills to Church, who paid the individuals for obtaining the pills. Church sold the pills to drug dealers throughout the area, distributing the equivalent of approximately 46,000 thirty milligram pills of oxycodone over the course of the conspiracy. Thirty milligram oxycodone pills have a street value of between $12 and $30 per pill.
Wendy Pinkard, age 37, of Baltimore, previously pleaded guilty to the same charge and is scheduled to be sentenced on August 5, 2013, at 2:00 p.m.
United States Attorney Rod J. Rosenstein commended the DEA, HHS-OIG, Office of Investigations, Baltimore County Police Department, Howard County Police Department and Anne Arundel County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Mushtaq Gunja and Kenneth S. Clark, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Calvert County Man Sentenced to over 8 Years in Prison for Transporting Child PornographyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Peter J. Messitte sentenced David Dobbs, age 55, of Port Republic, Maryland, today to 104 months in prison, followed by lifetime supervised release, for transporting child pornography. Judge Messitte ordered that 14 months of Dobbs’ sentence be concurrent to his state sentence. Judge Messitte also ordered that upon his release from prison, Dobbs 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 United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Colonel Marcus L. Brown, Superintendent of the Maryland State Police.
According to the plea agreement, on two occasions in 2010, Dobbs used a file sharing program to make his files of child pornography available to undercover law enforcement officers, who downloaded a total of 16 videos and five images of children engaged in sexually explicit conduct. On September 13, 2010, Dobbs also engaged in a chat with the undercover officer, telling the officer that he liked “girls around seven years old and up.”
On April 13, 2012, Dobbs was interviewed in connection with another investigation and admitted using a file sharing program and a particular screen name when he chatted with the undercover officer. A search warrant was executed at Dobb’s residence and law enforcement seized a laptop computer and an SD card that appeared to have been pierced with a blunt instrument. Child pornography was recovered from the computer and the SD card, including images of prepubescent children engaging in sexually explicit conduct.
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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI and Maryland State Police for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley and Special Assistant U.S. Attorney LisaMarie Freitas of the U.S. Justice Department, Criminal Division, Child Exploitation and Obscenity Section, who prosecuted the case.
Baltimore Car Dealer Owner Pleads Guilty to Structuring Deposits of over $2 Million to Evade Bank Reporting RequirementsRead the Press Release
Businesses that Break Up Cash Transactions to Avoid Paper Trail Face
Prosecution
Baltimore, Maryland – Amefika Gray, age 39, of Baltimore, pleaded guilty today to structuring bank deposits totaling over $2 million over a two year period to avoid bank reporting requirements.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Commissioner Anthony W. Batts of the Baltimore Police Department.
“Federal law requires large currency transactions to be reported in order to deter money laundering, tax evasion and other criminal conduct,” said U.S. Attorney Rod J. Rosenstein. “Businesses that break up their cash deposits to avoid currency reporting requirements face federal criminal prosecution.”
According to his plea, Gray owns Network Auto Group, a car dealership operating at 2631 Gwynns Falls Parkway in Baltimore. Between January 15, 2010 and April 28, 2012, Gray made regular deposits of $10,000 or just under $10,000 into his personal and business bank accounts, including at least 25 instances in which Gray made multiple deposits under $10,000 the same day into the same bank or into different banks. The amount of the structured deposits over this two year period totaled $2,017,205.23. Gray deposited the money in such amounts because he knew that the banks were required to report to the Internal Revenue Service all deposits over $10,000.
Gray and the Government have agreed that if the Court accepts the plea agreement, Gray will be sentenced to 30 months in prison and will be subject to a forfeiture money judgment of $800,000, and will be required to forfeit a Mercedes Benz vehicle and three residential properties located in Baltimore. U.S. District Judge Ellen L. Hollander scheduled his sentencing for October 18, 2013, at 10:00 a.m.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised the IRS – Criminal Investigation and Baltimore Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Evan T. Shea, who is prosecuting the case.
14 Indicted in Baltimore Heroin Distribution ConspiracyRead the Press Release
Three Defendants Still at Large
Baltimore, Maryland - A federal grand jury has indicted 14 individuals in a Baltimore heroin distribution conspiracy. The indictment was unsealed today upon the arrests of nine defendants and the execution of three search warrants. Two defendants are in custody on state charges and three remain at large. Over 100 agents and officers assisted in today’s arrests and search warrants. The indictment was returned on Tuesday July 22, 2013.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore City State’s Attorney Gregg L. Bernstein.
“I am confident that ATF’s successful execution of federal arrest and search warrants today in Baltimore will make an impact on crime and violence in our community,” said ATF Special Agent in Charge Steven Gerido. “ATF continues to proudly work with its federal, state, and local law enforcement partners to bring criminals to justice.”
“Our ongoing fight against violent crime is more successful with our allied state and federal partners,” said Commissioner Anthony Batts. “We continue to do all we can to reduce crime and violence and I thank all those involved in helping make Baltimore safer.”
The following defendants are charged in the indictment with conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin:
Darryl Robinson, Sr., age 49, of Baltimore;
Mario Williams, age 37, of Baltimore;
Darrell Gilliam, age 42, of Towson, Maryland;
Isiah Robinson, age 27, of Baltimore;
Antonio Berry, age 42, of Baltimore;
Raymond Jefferson, age 43, of Baltimore;
Joyce Dunn, age 51, of Baltimore;
Tyree Howard, age 47, of Baltimore;
Hilton Gibbs, age 42, of Baltimore;
Douglas Duncan, age 47, of Baltimore;
Darryl Debro, age 47, of Baltimore;
Kevin Fisher, age 48, of Baltimore;
Eric Johnson, age 42, of Baltimore; and
Reginald Randolph, age 47, of Baltimore.
Raymond Jefferson, Darryl Debro and Kevin Fisher are still being sought. Antonio Berry and Joyce Dunn are in custody on state charges.
The defendants face a minimum mandatory sentenced of 10 years in prison and a maximum of life in prison. The defendants arrested today had initial appearances and were detained pending detention hearings scheduled for July 26 and July 29, 2013.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised the ATF, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Clinton J. Fuchs and Scott Lemmon, who are prosecuting the case.
Conspirator Sentenced to 3 Years in Prison in Bank Fraud SchemeRead the Press Release
Used His Employment With a Residential Mental Health Program To Steal
Identity Information of Clients to Open Fraudulent Bank Accounts
for Personal Use
Baltimore, Maryland - U.S. District Judge Catherine C. Blake sentenced Derrick Elrod, age 35, of Philadelphia, Pennsylvania, today to three years in prison, followed by three years of supervised release, for bank fraud and aggravated identity theft in connection with a scheme to use stolen, personal identifying information of individuals to open bank accounts and fraudulently obtain cash, merchandise and services.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Wicomico County Sheriff Michael A. Lewis; Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Special Agent in Charge Michael McGill of the Social Security Administration - Office of Inspector General, Philadelphia Field Division.
“The investigation of financial crimes is an HSI priority,” said HSI Special Agent in Charge in Baltimore William Winter. “Derrick Elrod abused his position of trust by stealing identity information that was entrusted to him to facilitate a fraud scheme for his own personal benefit. HSI will continue using all its resources to bring to justice individuals like Elrod who think that their illegal actions can go undetected.”
“Today's sentencing is another example that crime really does not pay,” said Thomas J. Kelly, Special Agent in Charge, IRS Criminal Investigation, Washington DC Field Office. “IRS Criminal Investigation welcomes opportunities to assist the Department of Justice and their law enforcement
partners with dismantling criminal conspiracies profiting from bank fraud and identity theft.”Elrod worked for Resources for Human Development, Inc. (RHD), a nonprofit social services organization headquartered in Philadelphia. Elrod was an advisor at a residential program that supports individuals with mental health needs.
According to Elrod’s plea agreement, in at least April 2010, Elrod became part of a bank fraud conspiracy led my Christopher Devine when he opened a checking account into which Devine and his co-conspirators deposited fraudulent checks totaling $4,800. Devine and others at his direction then made approximately $2,028.83 in cash advances and retail purchases before the bank returned the checks for insufficient funds.
After that, Elrod used his position at RHD to steal the personal identifying information of past or present residents of RHD. Elrod sold the personal information of at least 40 individuals who were residents of RHD programs to Devine during Devine’s many trips to Philadelphia.
Over the course of the scheme, Devine and his conspirators used the stolen information of at least four RHD residents to open checking accounts at banks, and deposited at least $11,598 in fraudulent checks into those accounts. Approximately $9,858 in cash advances and retail purchases were made from those accounts before the banks returned the checks for insufficient funds. Devine even paid a friend to create a fraudulent driver’s license using the stolen information of one of the victims, but with Devine’s photo.
In addition, Devine used the stolen personal information of RHD program residents to file at least 13 false tax returns for the 2010 tax year, claiming $51,987 in fraudulent refunds. Many of the false refunds were direct deposited into bank accounts controlled by Devine through the bank fraud scheme. The fraudulent refunds received through the tax scheme totaled $36,552.
The stolen personal information of 15 RHD program residents was used in the bank fraud and tax schemes.
Christopher Andre Devine, age 33; Quanishia Williamson-Ross, age 31; Quashonna Williamson, age 26, and Lenee E. Williamson, age 22, all of Salisbury, Maryland, Frederica, Delaware and Philadelphia, Pennsylvania; and John Waters, age 38, of Philadelphia, previously pleaded guilty to their participation in the conspiracy. Devine was sentenced to 121 months in prison, Williamson-Ross was sentenced to 42 months in prison; Lenee and Quashonna Williamson were each sentenced to three years in prison; and Waters was sentenced to 27 months in prison.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
United States Attorney Rod J. Rosenstein thanked HSI Baltimore, the Wicomico County Sheriff’s Office, IRS-CI and the Social Security Administration - Office of Inspector General for their work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorneys Paul E. Budlow and Kristi N. O’Malley, who prosecuted the case.
Leader Convicted in Scheme to Steal Nearly $1.4 Million from Housing Authority of Baltimore City AccountRead the Press Release
Transferred Funds Out of Housing Authority’s Bank Account
Baltimore, Maryland - A federal jury today convicted Daren Kareem Gadsden, aka “D,” age 36, of Upper Marlboro, Maryland, on charges related to a conspiracy to steal almost $1.4 million from a Housing Authority of Baltimore City bank account.
The guilty verdict was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief James W. Johnson of the Baltimore County Police Department.
“Daren Gadsden stole from the Baltimore City Housing Authority by transferring money directly out of the Authority’s bank account,” said U.S. Attorney Rod J. Rosenstein. “The $1,399,700 in taxpayer funds stolen from the Baltimore City Housing Authority was supposed to be used to provide housing, not to line the pockets of criminals.”
According to information presented at his six day trial, in 2009, Gadsden owned a property in Baltimore that was rented to a low income individual, whose rental payments were paid by the Housing Authority of Baltimore City, from its account directly to Gadsden’s bank account. Witnesses testified that in late 2009 and 2010, Gadsden made a series of inquiries to another bank where he had an account about how to use his computer to make electronic transfers to and from his account at that bank. In early 2010, the Housing Authority lost a few thousand dollars when a series of unauthorized electronic transfers debited funds out of the Housing Authority’s account and into Gadsden’s bank account. After being confronted by Housing Authority officials, Gadsden denied any wrongdoing, but paid the Housing Authority $1,400 to cover some of its losses.
The evidence showed that from early 2010 until at least September 17, 2010, Gadsden and several co-defendants conspired to execute a larger scheme to defraud the Housing Authority. Specifically, Gadsden contacted Tyeast Brown to plan the fraud. Brown, in turn, contacted William Alvin Darden and Keith Eugene Daughtry, securing from Daughtry his social security card and birth certificate, which she provided to Darden. On May 19, 2010, Darden obtained a Maryland driver’s license with his photograph, but in Daughtry’s name, using Daughtry’s social security card and birth certificate as proof of identity. Darden then used the fraudulent license to open a bank account in the name of Keith Daughtry Contracting LLC. Gadsden had registered the entity with the state of Maryland, only a few days before, under a different, misspelled name. Darden also provided a mailing address for the company that was actually a mailbox rented by the conspirators at a commercial mailing store.
According to witness testimony, beginning in July, 2010, Gadsden and his co-conspirators electronically transferred funds from the Housing Authority’s bank account and into the Keith Daughtry Contracting LLC account. The conspirators then drained the stolen Housing Authority funds from the Keith Daughtry Contracting account by electronic transfers into accounts at other banks, in-person cash withdrawals and from automated teller machines. In addition, the conspirators electronically transferred funds from the Keith Daughtry Contracting account onto debit cards in the names of other individuals. For example, Gadsden opened a debit account in the name of another individual, using that person’s identity information without their knowledge or permission.
The evidence showed that Gadsden also tampered with evidence, deleting the contents of at least two email accounts after he was contacted by an FBI Special Agent. The accounts were provided as the points of contact for certain debit cards Gadsden opened using stolen identity information.
Gadsden faces a maximum sentence of 30 years in prison and a $1 million fine for the bank fraud conspiracy. Gadsden also faces a mandatory two years in prison, consecutive to any other sentence for aggravated identity theft, and 20 years in prison for one count each of attempting to tamper with evidence and for evidence tampering. U.S. District Judge William D. Quarles, Jr. has scheduled sentencing for October 24, 2013 at 1:00 p.m.
Tyeast Brown, aka “Peaches,” age 42, of Suitland, Maryland; William Alvin Darden, age 46, of Washington, D.C; and Keith Eugene Daughtry, age 52, of Washington, D.C. all pleaded guilty to their roles in the scheme. Daughtry and Brown were sentenced to 41 months and 36 months in prison, respectively, and each was ordered to pay restitution of $1,399,700. Darden is expected to be sentenced later this year.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
United States Attorney Rod J. Rosenstein thanked the FBI and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorneys Sujit Raman and Gregory Bockin, who are prosecuting the case.
Former Firefighter Sentenced to over 16 Years in Prison for Production and Possession of Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Anthony Maurice Cottle, age 24, of Owings Mills, Maryland, late yesterday to 195 months in prison followed by a lifetime of supervised release for sexual exploitation of a minor to produce child pornography and to possession of child pornography. Judge Hollander ordered that upon his release from prison, Cottle 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 United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief James W. Johnson of the Baltimore County Police Department; Commissioner Anthony W. Batts of the Baltimore Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, in June and July 2012, Cottle, a former firefighter with the Baltimore County Fire Department, sexually abused two minor males to produce visual depictions of the abuse, including two videos. Cottle produced one video that depicts the genitalia of a minor male and Cottle performing sex acts on the boy. Cottle produced a second video depicting the genitalia of another minor male. More than 600 images of child pornography were recovered from Cottle’s computer and cell phone.
In addition to the videos produced by Cottle, images of several other child victims whom Cottle solicited to send him photos of their genitals, were found. Cottle admitted that on some occasions he used video chat to capture the image live, and on other occasions the minor would send a photograph by cell phone.
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.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
This investigation was part of Operation Predator, a nationwide HSI initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Rod J. Rosenstein commended HSI Baltimore, the FBI, Baltimore County Police Department, Baltimore Police Department and Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution. U.S. Attorney Rosenstein also recognized the Baltimore County Fire Department for its assistance in this case. Mr. Rosenstein thanked Assistant U.S. Attorney Ayn B. Ducao, who prosecuted the case.
Cecil County Prescription Drug Dealers Sentenced to PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced Matthew Earl Ward, age 33, of Elkton, Maryland, today to 10 years in prison, followed by three years of supervised release, for conspiracy to distribute, and possess with intent to distribute oxycodone and alprazolam. Judge Hollander sentenced James Stevenson, age 47, of Elkton, Maryland, to five years in prison, followed by three years of supervised release for conspiracy to distribute and possess with intent to distribute oxycodone.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Cecil County Sheriff Barry A. Janney, Sr. and Colonel Marcus L. Brown, Superintendent of the Maryland State Police.
According to the evidence presented at their eight day trial, Matthew Ward and James Stevenson were part of a conspiracy that operated for several years distributing prescription drugs in and around Cecil County, Maryland. Ward primarily obtained the prescription drugs from individuals who went to doctors’ offices, obtained large prescriptions for oxycodone and other pills, and then sold many of the pills they obtained to Ward and other conspirators. Stevenson and others traveled to Florida to obtain prescriptions for oxycodone, which Stevenson then sold in bulk quantities, primarily to Ward or another conspirator.
A witness testified at trial that approximately 15 people provided Ward with pills from their prescriptions. Ward sold the drugs, typically charging $20 per 30mg pill of oxycodone. Although testimony showed that Ward also used some of the drugs he obtained, intercepted telephone communications made clear that Ward’s primary source of income was the sale of prescription drugs.
Several of the individuals who provided pills to the conspiracy obtained prescriptions from multiple doctors. Ward and other conspirators provided some of these individuals with transportation and money for their doctors’ appointments and prescriptions. Ward also provided urine to some of these individuals to ensure that they would pass if a urine test were administered at a doctor’s office. Ward was reimbursed in pills.
In July 2010, the residence where Ward was staying was searched by law enforcement who recovered seven methadone pills, 22 oxycodone pills, and $950 in cash from the room Ward was using. Ward continued distributing prescription pills until his arrest on November 17, 2010. At the time of his arrest, Ward was in possession of 81 15mg tablets and 21 30mg tablets of oxycodone.
Testimony at trial established that Stevenson made trips to Florida in October and November 2010, during which prescription drugs were obtained. Specifically, during each trip, Stevenson and his friend obtained prescriptions for 30mg oxycodone pills from two doctors. Stevenson’s friend sold all of the pills he obtained to Stevenson. Other co-conspirators went along on the trips and also obtained prescriptions for 30mg oxycodone pills, providing the majority of the pills to Stevenson, but keeping some for themselves. Stevenson distributed at least 365 pills to Ward after the October trip to Florida, and obtained several hundred additional 30 mg oxycodone pills on the November trip.
Stevenson falsely testified at trial that he was not involved in selling oxycodone.
In total, the members of the conspiracy distributed several hundred thousand milligrams of oxycodone.
United States Attorney Rod J. Rosenstein commended the DEA, FBI, Cecil County Sheriff’s Office and Maryland State Police for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Joshua Kaul, who prosecuted this Organized Crime Drug Enforcement Task Force case.
16 Defendants Charged in A Commercial Burglary Ringand Drug ConspiracyRead the Press Release
21 Locations Searched Today Involving Drug Trafficking and Burglaries and
Home Invasion Robberies Committed in Maryland, Virginia, West Virginia and
Pennsylvania,
Baltimore, Maryland – A federal grand jury has returned three indictments charging 16 defendants - eight in a conspiracy to distribute prescription drugs, heroin and cocaine around the Baltimore metropolitan area and the remaining defendants in conspiracies to commit armed home invasions, residential burglaries and commercial burglaries. The indictments were returned on July 16, 2013 and unsealed today upon the arrests of the defendants and execution of search warrants at 21 locations in Baltimore, Baltimore County and Anne Arundel County.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; Howard County Police Chief William McMahon; Chief James W. Johnson of the Baltimore County Police Department; Anne Arundel County Police Chief Kevin Davis; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Special Agent in Charge Nicholas DiGiulio, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Otis E. Harris, Jr., Special Agent in Charge, Coast Guard Investigative Service, Chesapeake Region; and Commissioner Anthony W. Batts of the Baltimore Police Department.
“Prescription drug trafficking in the Baltimore area is a growing problem, and today’s law enforcement action is evidence that DEA, along with our federal, state and local partners, intend to aggressively combat this problem,” said Assistant Special Agent in Charge Gary Tuggle, of the Drug Enforcement Administration’s (DEA) Baltimore District Office. “We conducted a very large-scale operation today and due to the diligent work of all involved, this Drug Trafficking Organization (DTO) has been dismantled. We in law enforcement will continue to pursue all investigative leads to put criminals who bring drugs and violence to our neighborhoods in prison where they belong,” added Tuggle.
“This is a group of violent individuals who have victimized citizens and businesses throughout the region for some time,” stated Howard County Police Chief William McMahon. “We are proud to have taken part in this effort, and thankful for the partnerships we have with the local and federal agencies who participated. The success of this investigation is highlighted by the nature and seriousness of the charges levied and the number of defendants arrested.”
"This is another example of the extraordinary work being done by our federal, state, and local partners to reduce crime in Baltimore," said Police Commissioner Anthony Batts. "We are sending a message -if you bring drugs, weapons or violence to Baltimore, every tool available will be used to bring you to justice."
The following defendants are charged in one indictment with conspiring to distribute oxycodone, heroin, methadone, buprenorphine, cocaine and alprazolam from 2010 to the present:
David Paschall, age 54, of Catonsville, Maryland,
Jackie Weatherley, age 30, of Lansdowne, Maryland,
Chad Paschall, age 28, of Baltimore,
Michael Terry, age 51, of Baltimore,
Richard Ashbrook, age 51, of Baltimore,
Richard Braitsch, age 38, of Baltimore,
William Matheny, age 44, of Lansdowne, and
Sidney Tawes, age 24, of Dundalk, Maryland.
The indictment seeks the forfeiture of at least $2 million, four properties and seven vehicles alleged to be used in or proceeds of the drug distribution. These defendants face a maximum sentence of 20 years in prison and a $1 million fine.
The following defendants are charged in a second indictment with conspiring to commit bank larceny and incidental crimes, and interstate transportation of stolen goods from September 2011 to the present. Three of the defendants are also charged with being a felon in unlawful possession of a firearm:
David Paschall,
Chad Paschall,
Mark Johnson, age 51, Baltimore,
Ronald Henderson, age 51, of Pasadena, Maryland,
William Metcalf, age 38, of Baltimore, and
Kenneth Smith, age 51, of Millersville, Maryland.
This indictment seeks forfeiture of at least $500,000, two properties in Catonsville, Maryland and Baltimore, and two vehicles. These defendants face a maximum sentence of five years in prison for the conspiracy. David Paschall, Mark Johnson and Ronald Henderson also face a maximum sentence of 10 years in prison for being a felon in possession of a gun.
The third indictment charges the following defendants with conspiring to commit bank larceny and interstate transportation of stolen goods from September 2011 to the present:
Carl Parrish Paschall, Sr., age 53, of Halethorpe, Maryland;
Carl Parrish Paschall, Jr., age 31, of Baltimore;
Chad Paschall,
Michael Johnson, age 25, of Baltimore, and
Thomas Ellis, age 22, of Baltimore.
This indictment also seeks forfeiture of at least $500,000, the two properties in Catonsville and Baltimore, and five vehicles. These defendants face a maximum sentence of five years in prison.
More specifically, according to an affidavit supporting the search warrants, David Paschall operates Paschall’s Auto Body and Fender located at 801 Desoto Road in Baltimore. This location is central to the drug distribution and other criminal activities allegedly carried out by the defendants. David Paschall’s street level drug connections provide him with quantities of oxycodone and other controlled substances at discount prices. Paschall then allegedly sells the drugs at a higher price for profit, while obtaining doses for himself. Customers allegedly come to the auto shop daily to purchase significant amounts of Oxycodone and other pharmaceuticals and controlled substances from David Paschall. Suppliers also deliver drugs to this location as well.
The affidavit alleges that this criminal enterprise also commits commercial burglaries, home invasion armed robberies, arsons and other crimes at convenience stores, gas stations, financial institutions, restaurants homes and liquor stores in Maryland, Virginia, West Virginia and Pennsylvania. Safes and ATMs are primarily targeted and taken. Lottery tickets and cigarettes are also taken along with other valuables. The modus operandi allegedly includes break-ins during the late night or early morning hours; power lines, telephone lines, cables and other wires cut prior to entry; video cameras disconnected or destroyed; a lookout and/or a driver nearby in a getaway vehicle; and door locks removed. After the initial break-in, they leave the location to wait for any response from police. Sometimes they remain for two or more hours once inside the location. Video recording systems are taken or destroyed. Pry bars, hammers, flashlights, chop saws, grinders, drills, and blow torches are used. ATMs and safes are broken open or taken.
Local law enforcement in Maryland are coordinating with agencies in surrounding jurisdictions and are continuing to connect unresolved burglaries to this organization.
Also arrested today by Baltimore County Police on state charges was Michael Paschall, son of David Paschall, for his alleged participation in a home invasion robbery in Kingsville, Maryland on March 4, 2013, as alleged in the affidavit. The homeowner was pistol whipped and robbed. He was hospitalized following the robbery.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein commended the DEA, Howard County Police Department, Baltimore County Police Department; Anne Arundel County Department, ATF, Department of Health and Human Services - Office of Inspector General; Coast Guard Investigative Service and Baltimore Police Department for their work in the investigation. Mr. Rosenstein also praised the many local and state agencies in Virginia, West Virginia and Pennsylvania for their assistance in the investigation.
Mr. Rosenstein thanked Assistant United States Attorneys David I. Sharfstein and Andrea L. Smith, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Baltimore Cocaine Dealer Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge William D. Quarles, Jr. sentenced Terence Orlando Delly, age 36, of Reisterstown, Maryland, late yesterday to 10 years in prison followed by five years of supervised release for conspiracy to possess with intent to distribute more than five kilograms of cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; and Chief James W. Johnson of the Baltimore County Police Department.
According to court documents and information presented at Delly=s sentencing hearing, on September 15, 2011, members of the Texas Highway Patrol stopped a silver Lexus, which was registered in Maryland and had been rented in Baltimore, for a traffic violation. A K-9 scan of the vehicle resulted in an alert for the presence of narcotics and 9.5 kilograms of cocaine was subsequently recovered during a search of the vehicle.
Further investigation determined that the operator of the vehicle had driven from Baltimore, to Houston, Texas, in order to be supplied cocaine from Andre Wiley, which law enforcement learned was scheduled to be delivered to Delly in Baltimore County, Maryland. The driver of the Lexus, had made multiple trips from Baltimore to Houston prior to September 15, 2011, in order to be supplied cocaine by Wiley for ultimate delivery to Delly.
The quantity of cocaine reasonably foreseeable to Delly is between 15 kilograms and 50 kilograms of cocaine.
Andre Wiley, of Houston, Texas, pleaded guilty to the same charge and was sentenced to10 years in prison.
United States Attorney Rod J. Rosenstein commended the DEA, Baltimore County Police Department and the Texas Highway Patrol for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Christopher Romano, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Baltimore Cocaine Dealer Sentenced to 10 Years in PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge William D. Quarles, Jr. sentenced Terence Orlando Delly, age 36, of Reisterstown, Maryland, late yesterday to 10 years in prison followed by five years of supervised release for conspiracy to possess with intent to distribute more than five kilograms of cocaine.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Gary Tuggle of the Drug Enforcement Administration, Baltimore District Office; and Chief James W. Johnson of the Baltimore County Police Department.
According to court documents and information presented at Delly=s sentencing hearing, on September 15, 2011, members of the Texas Highway Patrol stopped a silver Lexus, which was registered in Maryland and had been rented in Baltimore, for a traffic violation. A K-9 scan of the vehicle resulted in an alert for the presence of narcotics and 9.5 kilograms of cocaine was subsequently recovered during a search of the vehicle.
Further investigation determined that the operator of the vehicle had driven from Baltimore, to Houston, Texas, in order to be supplied cocaine from Andre Wiley, which law enforcement learned was scheduled to be delivered to Delly in Baltimore County, Maryland. The driver of the Lexus, had made multiple trips from Baltimore to Houston prior to September 15, 2011, in order to be supplied cocaine by Wiley for ultimate delivery to Delly.
The quantity of cocaine reasonably foreseeable to Delly is between 15 kilograms and 50 kilograms of cocaine.
Andre Wiley, of Houston, Texas, pleaded guilty to the same charge and was sentenced to10 years in prison.
United States Attorney Rod J. Rosenstein commended the DEA, Baltimore County Police Department and the Texas Highway Patrol for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Christopher Romano, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Two Men Associated with the Ms-13 Gang Indicted for the Robbery of A Brothel That Included A Rape and MurderRead the Press Release
Greenbelt, Maryland - A federal grand jury has returned a third superseding indictment charging Ramon Miguel Cerros-Cruz, age 23, of Silver Spring, Maryland, and Alexsi Lopez, age 25, of Hyattsville, Maryland, with conspiracy and the violent robbery of a Hyattsville brothel that allegedly resulted in a rape and murder. Ramon Cerros-Cruz was previously charged with these crimes. The third superseding indictment returned late yesterday added Alexsi Lopez as a defendant in the case.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief Mark A. Magaw of the Prince George’s County Police Department.
According to the indictment, Cerros-Cruz and Lopez knew each other through their association with the MS-13 gang. The two count indictment alleges that Cerros-Cruz and Lopez, familiarized themselves with the location and operation of brothels in the Hyattsville-Langley Park area of Prince George’s County. Cerros-Cruz and Lopez allegedly planned the robbery of a Hyattsville brothel apartment, armed with knives, and using force and violence. The indictment charges that on February 28, 2007, Cerros-Cruz and Lopez entered the brothel apartment, demanding money from persons within the brothel and searching the apartment for money and items of value. The indictment charges that during the robbery Cerros-Cruz and Lopez bound one of the employees, raped another employee and murdered a third person who arrived at the brothel during the commission of the rape and robbery and resisted the demands of the defendants.
The defendants face a maximum sentence of 20 years in prison for the conspiracy and for the robbery.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised HSI Baltimore and the Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys William D. Moomau and Steven E. Swaney, who are prosecuting the case.
Rising Sun Man Pleads Guilty to Sexually Exploiting A Minor to Produce Child PornographyRead the Press Release
Baltimore, Maryland – Michael Dale Irwin, age 27, of Rising Sun, Maryland, pleaded guilty today to the sexual exploitation of a minor to produce child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Colonel Marcus L. Brown, Superintendent of the Maryland State Police (MSP); and Cecil County State’s Attorney Ellis Rollins.
According to the plea agreement, on March 12, 2013, a witness reported to Maryland State Police that Irwin had sent an image to her cellular phone documenting his sexual abuse of a prepubescent minor female. The witness contacted MSP when she recognized Irwin in the image. Although the messages were set to “auto delete” and were no longer on the witness’ phone, with the consent of the witness MSP began monitoring calls and text messages between Irwin and the witness and directed all communication by the witness with Irwin. After Irwin sent the witness a video depicting a six to eight year old female engaged in sexually explicit conduct, troopers arrested Irwin at his place of employment and seized his phone, which had been used to text and call the witness. MSP recovered the images and video documenting Irwin’s sexual abuse of a prepubescent minor female and obtained the sexually explicit text messages that he had previously sent to the witness describing in graphic detail the sexual acts he performed on the child.
As part of his plea agreement, Irwin 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).
Irwin faces a minimum mandatory sentence of 15 years in prison and a maximum of 30 years in prison, followed by up to lifetime of supervised release, for sexual abuse of a minor to produce child pornography. U.S. District Judge Richard D. Bennett has scheduled sentencing for October 23, 2013 at 3:00 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended HSI Baltimore, the Maryland State Police and the Cecil County State’s Attorney’s Officer for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Sandra Wilkinson, who is prosecuting the case.
Leader in Bank Fraud Scheme Sentenced to PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge Richard D. Bennett sentenced Lemoyne Veney, age 44, of Clarksville, Maryland, today to 51 months in prison, followed by five years of supervised release, for bank fraud conspiracy and aggravated identity theft. Judge Bennett also ordered Veney to pay restitution of $87,928.16.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Special Agent in Charge Lisa Quinn of the United States Secret Service – Baltimore Field Office; and Harford County Sheriff L. Jesse Bane.
According to his plea agreement, from November 2007, through February 2011, Veney conspired with Theresa Smithrick, Kevin Pittman, and others in a scheme to use stolen personal identifying information (PII) to fraudulently obtain money from financial institutions. Specifically, in 2010 Veney met Smithrick, who was employed as a clerk at the Baltimore City District Court. Veney asked Smithrich to help him to gather personal identifying information, which she agreed to do. On approximately eight occasions, Veney gave Smithrick a sheet with eight to 10 names and accompanying PII, with some fields missing, such as driver’s license number, date of birth, or middle name. Smithrick completed the missing fields by accessing a secure Maryland Motor Vehicle Administration database and faxed the completed sheets to another co-conspirator, as directed by Veney. The co-conspirator who received the completed sheets provided driver’s licenses to Veney in exchange for the PII. In turn, Veney and other co-conspirators used the stolen PII, as well as the counterfeit driver’s licenses, to perpetuate the scheme.
Veney also created false businesses and supporting business documents, which he shared with his co-conspirators, including Kevin Pittman, so that he and his co-conspirators might incorporate some of the fraudulent businesses with the Maryland Department of Assessments and Taxation (“MDAT”) and other states’ departments of state. Veney and a co-conspirator would either sell the business information to others, or keep the information and attempt to establish related business checking accounts.
For example, Veney provided Pittman with fake identification, counterfeit supporting business documents, and counterfeit checks that Veney made in his home, which contained the stolen PII of unwitting victims but the pictures of Veney, Pittman and other conspirators. Pittman then used the counterfeit documents and compromised identities provided by Veney to incorporate fraudulent businesses. Veney also established matching business checking accounts for those fraudulent businesses for use in the scheme. Veney drove Pittman to various financial institutions in Frederick, Columbia and other locations in Maryland, where Pittman used the fake documents to open business and personal bank accounts. Pittman deposited the counterfeit business checks into these fraudulently opened bank accounts, then withdrew the funds before the checks could be identified as fraudulent. Pittman was paid a commission for each transaction. Veney also drove Pittman to supermarkets, where they cashed counterfeit checks, or purchased gift cards and other merchandise, with counterfeit checks drawn on real persons’ accounts, using the fraudulent identification documents provided by Veney as proof of identity.
As a result of the scheme, more than 50 victims lost a total of at least $70,000.
Theresa Smithrick age 47, of Baltimore, and Kevin Pittman, now using the name “Breona Pittman,” age 34, of Chesapeake, Virginia, both pleaded guilty to their roles in the scheme. Smithrick was sentenced to three months of home detention followed by three months of probation and was ordered to pay restitution of $71,752.72. Pittman was sentenced to 39 months in prison and was ordered to pay restitution of $87,928.16.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein thanked the U.S. Secret Service and Harford County Sheriff’s Office for their work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorney Mark W. Crooks, who prosecuted the case.
Vice President of Frederick Mail Preparation Service Sentenced for Fraud Resulting in Losses of over $628,500Read the Press Release
Majority of Victims Were Non-Profit Clients Who Relied on the
Mailings to Raise Funds
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced Stephen Reid, age 51, of Frederick, Maryland, today to two years in prison followed by three years of supervised release for conspiring to commit mail and wire fraud arising from the failure to provide contracted-for services to clients of Reid’s company. Judge Blake also ordered that Reid forfeit and pay restitution of $628,581.48, the amount of loss resulting from the fraud.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division.
“In addition to defrauding postal customers, this scheme jeopardized the reputation of the U.S. Postal Service with its customers,” said Gary Barksdale, Inspector in Charge, Washington Division, U.S. Postal Inspection Service. “Through investigations such as this, postal inspectors will continue to protect postal customers and ensure thePostalService retains its reputation as the most trusted government agency.”
According to his plea agreement, Reid was vice president and owner of 35% of the shares of RMS Direct, Inc., a mail preparation service located in Frederick, with over 200 clients and annual revenue of over $5 million. Under the supervision of Reid and co-conspirator Chester Bigelow, the president and owner of 65% of the shares of RMS, RMS contracted to prepare and submit to the U.S. Postal Service (USPS) large-volume mailings, typically made up of pamphlets, brochures, books, and other printed materials.
RMS clients were primarily non-profit corporations that relied upon the mailings sent through RMS to raise funds, and the timing of the mailings was essential to their fundraising efforts. RMS assembled the mailings, applied the postage and addresses and organized the pieces of mail for submission to the USPS. RMS submitted the mailings to a full-time USPS acceptance clerk that was assigned to its office. As proof that the mailings went out, RMS then emailed its clients either of two USPS documents – a postage statement signed and certified by the USPS acceptance clerk or a mailing transaction receipt printed from an online USPS database. Both documents included information as to the dates, times, number of pieces of mail and postage paid. Once the RMS client received a statement, it would remit payment to RMS.
Reid admitted that the conspiracy began in 2005, when he and Bigelow falsified postage statements to misrepresent to RMS clients that mailings were being sent out in a timely fashion when, in fact, the mailings were late. Beginning in 2009, Reid and Bigelow selected certain mailings or portions of mailings that would not be submitted at all to USPS for delivery. They made sure that the documentation sent to the RMS client was falsified to indicate that the full mailing had been submitted, thereby causing the client to overpay RMS for postage and services.
To accomplish the fraud, Reid, Bigelow and RMS employees operating at their direction generated false postage statements, forged the signature of the USPS acceptance clerk and created a false impression of the special USPS date stamp used on the postage statement. In 2006, RMS employees made an unauthorized copy of the USPS acceptance clerk’s key to the filing cabinet where the official date stamp was kept. From that time until 2010, Reid, Bigelow and RMS employees operating at their direction used the copied key to gain access to the date stamp when the USPS acceptance clerk was not present in order to falsify postage statements. Beginning in 2010, when the computer-generated mailing transaction receipt was adopted by the USPS to certify mailings, Reid and Bigelow falsified those as well, using a document that had been created, which, when printed, looked identical to the USPS mailing transaction receipt. Reid and Bigelow directed RMS employees to use this document to create false mailing transaction receipts, which were then sent to RMS clients as proof of the timely and complete submission of their mailings.
Reid and Bigelow took other measures to conceal the fraud. For example, RMS clients often included pieces of mail known as “seeds” in the mailings they provided to RMS. These “seeds” were sent to particular individuals or addresses so that the client could track the timing and appearance of the mailing. Bigelow directed RMS employees to make sure to deliver the “seeds” from the mailings that were going out late or were not otherwise submitted to the USPS.
As a result of the scheme, at least 19 victims lost a total of $628,581.48.
Chester William Bigelow, age 58, of Woodbine, Maryland, pleaded guilty to the conspiracy and is scheduled to be sentenced on July 30, 2013 at 9:00 a.m.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service for its work in the investigation and thanked Special Assistant U.S. Attorney Matthew Lunder, a trial attorney with the Justice Department’s Antitrust Division, National Criminal Enforcement Section, who prosecuted the case.
Two Conspirators Plead Guilty in Mortgage Fraud Scheme Involving Properties in the Baltimore Reservoir Hill NeighborhoodRead the Press Release
Loss of Approximately $1 Million
Baltimore, Maryland - Kimberly Eileen McMillian, a/k/a Kimberly Simmons and Kimberly Simmons McMillian, age 46, of Baltimore, and Glenroy E. Day, Sr., age 73, of Oxon Hill, Maryland, pleaded guilty yesterday to wire fraud in connection with a fraud scheme involving more than $1 million in fraudulently obtained mortgages.
The plea agreement was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Acting Special Agent in Charge Lisa Quinn of the United States Secret Service – Baltimore Field Office.
According to her plea, in 2007, McMillian approached a man who had bought three houses in Baltimore and had finished renovations on two of them, and told him that she had clients from the New York area who were interested in purchasing the properties. When he agreed to sell, McMillian submitted loan application packages to a loan officer at a mortgage corporation in connection with the three properties, as well as a fourth property. The four loan application packages were subsequently approved.
The government’s investigation revealed that virtually all of the information submitted in the four loan packages was false. In two cases, the purported buyers were individuals who had already returned to their home countries or planned to do so in the near future; the other two “buyers” listed on the loan applications were either stolen or fictitious identities. In none of the four cases was there a real individual who actually intended to live in the properties and make the mortgage payments on them. Moreover, the representations made and the supporting documentation provided on each loan application relating to the employment, income, and financial assets for each purchaser were likewise false. While acknowledging that she is guilty of the charged offense, and in particular that she was aware that the prices of all four properties were inflated, McMillian maintains that she was not aware that the information relating to each borrower’s income, employment, assets and intention to live in each property was fraudulent.
McMillian also did not disclose that she was going to buy the fourth property for $75,000 and then flip it to the fourth “buyer” the same day for $250,000, without any renovations having been done on the property, because she knew the lender would not have agreed to finance such a transaction. This property and the third property, which had also not been renovated, were in poor condition, and were being sold for prices that far exceeded their actual market value.
McMillian arranged to have Day, an unlicensed appraiser, prepare the appraisal reports on all four properties because she knew he would provide an appraisal at the specific contract price without regard to the actual condition or value of the property. For the two properties located at 2243 Madison Avenue and 2359 McCulloh Avenue, Day admitted that he falsely represented that both properties had been recently upgraded and renovated. Day further admitted that these two appraisals also included interior photographs that were actually taken in completely different and thoroughly renovated houses. Day’s appraisals indicated that each of the four appraisals had been reviewed and approved by a licensed appraiser, but the individual specified has denied that he saw or reviewed any of the four appraisals.
Based on the false information provided relating to the four “buyers” and the condition and market value of the properties, the mortgage company agreed to extend financing on each of the four properties, totaling $1.094 million in all.
At each of the four settlements, McMillian directed the settlement agent to transfer a substantial portion of the loan proceeds to her and/or to businesses named KayCee Associates or Dee-Ladok Investments that belonged to an associate, either pursuant to an assignment contract or to pay for renovations that had ostensibly been carried out on the properties by Kaycee Associates. In fact, all of the renovations performed on the first two properties were carried out and paid for by the man who sold them.
McMillian received a total of approximately $278,000 from the four transactions at the closings, although she in turn transferred $122,000 of the settlement proceeds to another individual and an associate’s business checking account. Day received approximately $2,000 which he had charged for preparing the four appraisals.
Following the closings, the mortgage on each property soon went into default. Typically, either no mortgage payments were made at all, or only a couple of payments were made.
McMillian and Day face a maximum sentence of 30 years in prison and a $250,000 fine, and will be required to pay restitution for the full amount of the victims’ losses. U.S. District Judge George L. Russell III scheduled McMillian and Day’s sentencing for October 11, 2013 at 9:30 a.m. and 11:00 a.m., respectively.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available www.justice.gov/usao/md/Mortgage-Fraud/index.html.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised the FBI and U.S. Secret Service for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Jefferson M. Gray, who is prosecuting the case.
Oxon Hill Woman Pleads Guilty in Two Separate Mortgage Fraud Schemes Resulting in Losses of over $2.5 MillionRead the Press Release
Victims Include At Least 25 Lenders, Buyers, Seller, Title Insurance
Companies and Lien Holders
Baltimore, Maryland - Rhonda Scott, age 52, of Oxon Hill, Maryland, pleaded guilty today before U.S. District Judge James K. Bredar to conspiring to commit wire fraud in connection with two separate mortgage fraud schemes which resulted in losses of over $2,500,000.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge David Beach of the United States Secret Service – Washington Field Office; Inspector General Jon T. Rymer of the Federal Deposit Insurance Corporation; Special Agent in Charge Joe Clarke of the Housing and Urban Development Office of Inspector General - Office of Investigations; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Special Agent in Charge Gene E. Morrison, Washington Field Office, U.S. Department of Justice Office of the Inspector General; Howard County Police Chief William McMahon; Acting Special Agent in Charge Lisa Quinn of the United States Secret Service – Baltimore Field Office; and Howard County State’s Attorney Dario Broccolino.
According to her plea, beginning in 2008, Scott agreed to participate in several fraudulent real estate transactions that settled at M&R Title, Inc., and Sanford Title Services LLC. The fraudulent transactions at each title company were part of different conspiracies, both of which Scott joined. In both schemes, Scott facilitated deals between her co-conspirators, identified and recruited individuals that could be parties to the real estate transactions generating proceeds for the co-conspirators, received proceeds of the fraudulent transactions through a shell company designed to disguise her receipt of the funds, sent money to co-conspirators and identified mortgage transactions that the co-conspirators could use to enrich themselves.
As part of the M&R Title conspiracy, the co-conspirators deceived buyers, sellers and lenders to make it appear to sellers that they were selling their property at a low price, and to buyers and lenders that the property was being sold at a higher price. The co-conspirators created paperwork for two different sales of the property at the same time. The first sale was fraudulent because it was backdated, the buyer was planning to immediately flip the property in a subsequent sale and the settlement statement listed a fake hard money loan. The second sale involved a significantly increased sales price and the settlement statement showed a significant sum being disbursed to the hard money lender as a payoff of an existing lien, but in reality those funds would be used for improper disbursements to the co-conspirators.
With respect to the Sanford Title conspiracy, improper disbursements were made from the title company to Scott and others. The conspirators engaged in many fraudulent techniques, including: short sales in which the property would be sold for a higher price than the seller was aware of; sales of properties not owned by the seller including properties Scott purported to own but did not own at the time of settlement; real estate transactions in which there were multiple sales of the same property at the same time; the seller and/or buyer were shown difference settlement statements and the conspirators used the difference between the figures in the two statements to enrich themselves; and Sanford Title did not disburse money that should have been paid to lien holders and instead diverted a portion of those funds to co-conspirators.
Both of the M&R Title and Sanford Title fraud schemes involved at least 25 victims, including lenders, sellers and buyers of real estate, title insurance companies and lien holders. The reasonably foreseeable loss associated with Scott’s conduct is at least $2.5 million.
Scott will be required to forfeit at least $2.7 million and pay restitution of at least $1 million.
Scott faces a maximum penalty of 30 years in prison and a $1 million fine for conspiring to commit
wire fraud. No sentencing date has been scheduled.
Emeka Udeze, age 38, of Bowie, Maryland, and Niesha Williams, age 33, of Fort Washington, Maryland, each previously pleaded guilty to their role in the fraud schemes. No sentencing date has been scheduled for them at this time.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available www.justice.gov/usao/md/Mortgage-Fraud/index.html.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein commended the U.S. Secret Service, FDIC, HUD-OIG, FBI, Department of Justice OIG, Howard County Police Department, Secret Service and Howard County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Harry Gruber and Special Assistant United States Attorney Colleen McGuinn assigned to this case from the Howard County State’s Attorney’s Office, who are prosecuting the case.
Rockville Man Pleads Guilty in Mortgage Fraud SchemeRead the Press Release
Greenbelt, Maryland - Edgar Galdamez, age 36, of Rockville, Maryland, pleaded guilty today to wire fraud in connection with a mortgage fraud scheme which resulted in losses of over $515,000.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to his plea, from at least September 2006 through May 2007, Galdamez and others contacted individuals who wished to purchase homes as investment properties. Galdamez and others then intentionally prepared and submitted false loan applications in the buyers’ names to the lending institution to qualify these individuals for loans that they otherwise were unqualified to secure. For instance, they typically inflated the buyer’s income and omitted liabilities. They also falsely stated on loan applications that the purpose of the property was to be the borrowers’ primary residence in order to receive a lower interest rate. Galdamez knew that the property was intended to be used as an investment property. These residential mortgages were destined to fail because the borrowers did not have the income or assets to make the necessary mortgage payments. Galdamez and others profited from these fraudulent transactions by collecting origination fees, commissions and broker’s fees from each loan that closed.
As a result of the fraud scheme, the lender lost at least $515,500. Galdamez will be required to forfeit at least $515,500 and pay restitution.
Galdamez faces a maximum penalty of 30 years in prison and a $1 million fine. U.S. District Judge Peter J. Messitte scheduled sentencing for November 5, 2013 at 9:30 a.m.
The Maryland Mortgage Fraud Task Force was established to unify the agencies that regulate and investigate mortgage fraud and promote the early detection, identification, prevention and prosecution of mortgage fraud schemes. This case, as well as other cases brought by members of the Task Force, demonstrates the commitment of law enforcement agencies to protect consumers from fraud and promote the integrity of the credit markets. Information about mortgage fraud prosecutions is available Here.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein commended the FBI for its work in the investigation and thanked Assistant U.S. Attorney Sujit Raman, who is prosecuting the case.
Baltimore “financial Advisor” Sentenced to over 3 Years in Prison for Defrauding over 22 Clients of $890,000Read the Press Release
Targeted Older, Retired Homeowners, Some of Whom Lost Their Life Savings
Baltimore, Maryland - U.S. District Judge Catherine C. Blake sentenced Casey Charles, age 34, of Baltimore, today to 41 months in prison followed by three years of supervised release for mail fraud in connection with a scheme in which he promised to help clients make safe investments when in fact he diverted their money for his personal benefit. Judge Blake also ordered that Charles pay restitution and forfeiture of $890,356.90.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division; and Maryland Attorney General Douglas F. Gansler.
According to his plea agreement, beginning in 2007, Charles owned a company named Infinite Equity Strategies, LLC which he promoted as a financial strategies company that had not “lost a dime in the recession.” Charles held himself out as a financial specialist and safe money advisor, who could help his clients put their retirement funds into products that would provide “high returns without high risk.” Charles solicited potential clients by using direct mailings, newspaper ads and TV commercials. For these mailings, Charles targeted clients who were retired and/or between the ages of 55 and 80, married, owned their home and had an annual income over $25,000. Charles was not registered in Maryland, nor with the Securities and Exchange Commission, as an investment adviser.
Charles executed his scheme by using two methods. Under the first method, Charles told his clients to liquidate their current investments and provide him with the funds, so that he could place the money into safer investment accounts with higher returns. However, Charles instead deposited the funds into his own accounts. He used some of the fraudulently obtained funds to invest in risky and unauthorized investments on behalf of his clients, and for his own personal and business expenses, including credit card and mortgage payments. To conceal his scheme, Charles created fraudulent letters and account statements purporting to be from well-known financial products and services providers, in order to lead his clients into believing that he had in fact deposited their money into safe investment products as promised.
The second method used by Charles to defraud his clients involved recommending that his clients open accounts with a reputable self-directed IRA custodian where, he told them, they would be able to have more control over where to invest their funds. After his clients transferred their investment funds, however, Charles submitted forged documents to the trust company, directing it to transfer his clients’ funds to a bank account that he controlled. Charles used most of these funds for his own personal benefit and to promote his other businesses including a diamond investment scheme in Sierra Leone and the career of hip hop artist “Mullyman.”
Charles also concealed his scheme by using new client funds to make “lulling payments” to existing clients who requested to liquidate, or receive distributions from, the investments they thought Charles had set up for them.
As a result of his scheme, Charles defrauded over 22 clients of approximately $890,000 of their retirement funds, which in some cases were their life savings.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised the U.S. Postal Inspection Service - Washington Division and the Securities Division of the Maryland Attorney General’s Office for their work in the investigation, and thanked Assistant U.S. Attorney Joyce K. McDonald, who prosecuted the case.
Arms Seller Sentenced for Illegal Export of Night Vision EquipmentRead the Press Release
Sold Night Vision Goggles and Monocular on eBay
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Anthony J. Torresi, age 34, of Coral Gables, Florida late yesterday to 18 months in prison followed by three years of supervised release for unlawfully exporting night vision equipment.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
“One of ICE's Homeland Security Investigations top enforcement priorities is preventing U.S. military products and sensitive technology from falling into the hands of those who might seek to harm America or its interests,” said William Winter, special agent in charge for HSI Baltimore. “This investigation is an example of HSI's partnership with the U.S. Attorney's Office in Maryland to combat this threat.”
According to his plea agreement, Torresi listed night vision goggles and night vision monoculars for sale on eBay. The items were designed to enable military ground troop personnel to conduct night operations. A license from the U.S. Department of State is required to export the items. Selling such items overseas without a license is a violation of the Arms Export Control Act.
On January 21, 2011 Torresi sold two of the night vision goggles for $7,039.99 to an undercover agent he believed to be located in New Zealand, but who was in fact located in Baltimore. Torresi exported the goggles on February 11, 2011 from Miami, Florida to New Zealand. The shipping label signed by Torresi showed the contents as a “gift” described as a “Rangefinder” valued at $70. Torresi never applied for a license to export these items.
Similarly, on March 29, 2011 Torresi sold a 6015-4 night vision monocular to the undercover agent he believed to be located in New Zealand for $6,099.89. On April 29, 2011, Torresi exported from Miami to New Zealand what he represented to be the 6015-4 night vision monocular that he sold for $6,099.98. In fact, Torresi shipped a different night vision monocular that he had purchased for $266 and which did not require a license to export.
United States Attorney Rod J. Rosenstein praised HSI Baltimore and the Counterproliferation Investigations Task Force, a multi-agency task force headquartered at the offices of HSI, for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Gregory Welsh, who prosecuted the case.
Virginia Settlement Attorney Sentenced to Prison in Conspiracy to Fraudulently Obtain over $100 Million in Sba-backed LoansRead the Press Release
Attorney Used Her Law Firm and Settlement Company to Facilitate Fraudulent
Loan Closings
Baltimore, Maryland -U.S. District Judge William D. Quarles, Jr. sentenced Seung E. Oh, a/k/a Sandy Oh, age 44, of Great Falls, Virginia, today to 51 months in prison, followed by three years of supervised release, for conspiracy to commit bank fraud and money laundering, in connection with a scheme to fraudulently obtain business loans guaranteed by the Small Business Administration, with resulting losses of over $100 million. Judge Quarles also ordered that Oh pay a money judgment of $11,832,000, pay restitution of $3,593,432, and forfeit all the property involved in the offense.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Small Business Administration Inspector General Peggy E. Gustafson; Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division; and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to her plea agreement, Oh is an attorney with offices in Annandale, Virginia and the owner operator of Washington Settlement Group (WSG), a title company located in Annandale. In about 1998, Oh met Joon Park and his brother, Loren Park, who owned and operated Jade Capital, a loan brokerage company. Oh knew that Jade Capital specialized in securing loans for individuals interested in purchasing and refinancing small businesses in the Mid-Atlantic area, some of which were settled through Oh’s law firm and WSG. Oh knew that the Parks encouraged prospective borrowers using the services of Jade Capital to apply for business loans through the SBA’s Section 7(a) program, which guaranteed 75% - 90% of qualified loans made by banks and other commercial lending institutions. Under this program, the principals of the small business seeking the loan were required to invest a certain amount of their own money, called an equity injection, before they qualified for a loan. The banks and other lending institutions making the loan bore the risk of payment default only up to the percentage of the loan not guaranteed by the SBA.
Over the course of Oh’s relationship with Joon and Loren Park, and to foster more business with their company, Oh agreed to use her settlement company and law firm to facilitate loan closings for deals that would otherwise fail to meet the lending parameters of the banks making the loans, including banks authorized to lend under SBA’s Section 7(a) program. Oh helped the Parks misrepresent to the banks and to the SBA the true amount of money involved in the transactions and/or the true names of the parties taking part in the transactions.
To accomplish this, Oh sometimes agreed to “netting” a transaction, whereby the Parks would negotiate a sale price with the seller that was less than the price listed on the sales contract submitted to the bank, and/or they would increase the loan by the amount needed for the down payment. In so doing, they reduced the amount of money that the buyer actually had to inject into the deal and concealed that the buyer did not have sufficient equity to qualify for the loan. To conceal these arrangements, Oh completed the settlement sheets as if the buyer had made the required cash injection and the seller had received the full contract price.
Another way that Oh helped to facilitate the loan closing for Jade Capital was when she “fronted” the buyer’s cash injection. Oh temporarily loaned part of the buyer’s up-front payment by taking other people’s money out of the escrow accounts of either her law firm or her title company. Joon and Loren Park then paid back the fronted money after the settlement, usually from their share of the proceeds from that deal or a later one. As with the “netting” scheme, the settlement sheets and all other related documents for the “fronted” deal would falsely reflect that the buyer injected his own money into the transaction in accordance with the agreed upon financing terms established by the lending institution.
Joon Park, a/k/a “Joon Pak,” and “Joon Paik,” age 43, of Falls Church, Virginia, pleaded guilty and was sentenced to 188 months in prison. Judge Quarles also ordered Park to pay a money judgment of $91,449,700 and forfeit all the property involved in the offense. Nick Park, a/k/a Nochol Park, age 46, of McLean, Virginia, was sentenced to 33 months in prison; and Joo Hyuk “John” Lee, age 39, of Richmond, Virginia, and Sang Hyun Kim, age 35, of Fairfax, Virginia, were each sentenced to three years in prison, for conspiracy to commit bank fraud. Kim’s wife, In Jung Ham, age 30, also of Fairfax, was sentenced to a year and a day in prison, for her role in the scheme. Judge Quarles ordered Lee to pay restitution of $1,900,325 and ordered Ham to pay restitution of $216,472.92. Lee, Kim and Ham were also ordered to forfeit the proceeds of the scheme and pay money judgments of $18,764,900, $13,432,000 and $15,725,000, respectively.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
United States Attorney Rod J. Rosenstein thanked the SBA Office of Inspector General, U.S. Postal Inspection Service and FBI for their work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorneys Leo J. Wise and Martin J. Clarke, who prosecuted the case.
Trans1, Inc. to Pay U.s. $6 Million to Settle False Claims Act AllegationsRead the Press Release
Baltimore, Maryland – Medical device manufacturer TranS1, Inc., now known as Baxano Surgical, Inc., has agreed to pay the United States $6 million to resolve allegations under the civil False Claims Act that the company caused health care providers to submit false claims to Medicare and other federal health care programs for minimally-invasive spine surgeries.
The settlement was announced today by United States Attorney for the District of Maryland Rod J. Rosenstein; Stuart F. Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division; Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services; Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service - Mid-Atlantic Field Office; and Special Agent in Charge Drew Grimm, Office of Personnel Management, Office of Inspector General.
This settlement resolves allegations that TranS1 knowingly caused health care providers to submit claims with incorrect diagnosis or procedure codes for certain minimally-invasive spine fusion surgeries in which physicians used TranS1’s AxiaLIF System™, a device developed as an alternative to invasive spine fusion surgeries. The United States further alleges that TranS1 improperly counseled physicians and hospitals to bill for the AxiaLIF System™ by using incorrect and inaccurate codes intended for more invasive spine fusion surgeries. As a result, the United States contends that health care providers received greater reimbursement than they were entitled to for performing the minimally-invasive AxiaLIF procedures.
“A medical device manufacturer violates the law when it advises physicians and hospitals to report the wrong codes to federal health insurance programs in order to increase reimbursement rates,” said Rod J. Rosenstein, United States Attorney for the District of Maryland. “Health care providers are required to bill federal health care programs truthfully for the work they perform.”
“The Justice Department is committed to ensuring that medical device manufacturers follow the law when providing devices to beneficiaries of federal health care programs,” said Stuart F. Delery, Acting Assistant Attorney General for the Justice Department’s Civil Division. “It is critical that health care providers bill federal health care programs accurately and honestly for the work they perform, and it is imperative that they base their selection of medical devices on the best interests of their patients, not on whether a device manufacturer is paying them for promotional speaking or consulting.”
The settlement also resolves allegations that TranS1 knowingly paid illegal remuneration to certain physicians for participating in speaker programs and consultant meetings intended to induce them to use TranS1 products, in violation of the Federal Anti-Kickback Statute, and thereby caused false claime to be submitted to federal health care programs. The Anti-Kickback Statute, prohibits offering or paying remuneration to induce referrals of items or services covered by federally-funded programs and is intended to ensure that a physician’s medical judgments are not compromised by improper financial incentives and are based solely on the best interests of the patient.
Finally, the settlement resolves the United States’ allegations that TranS1 promoted the sale of its AxiaLIF System™ for uses that were not approved or cleared by the U.S. Food and Drug Administration, including in certain procedures to treat complex spine deformity, which were not covered by federal health care programs.
As part of the settlement, TranS1 has agreed to enter into a corporate integrity agreement with the Office of Inspector General of the Department of Health and Human Services. That agreement provides for procedures and reviews to be put in place to avoid and promptly detect similar conduct.
“Using kickbacks to encourage health providers to make false payment claims will not be tolerated,” said Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services. “TranS1's agreement to now comply with government health laws is encouraging.”
The civil settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government’s recovery. The civil lawsuit was filed in the District of Maryland and is captioned United States ex rel. Kevin Ryan v. TranS1, Inc. As part of today’s resolution, Mr. Ryan will receive $1,020,000 from the settlement.
This resolution is part of the government’s emphasis on combating health care fraud and another step for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced by Attorney General Eric Holder and Kathleen Sebelius, Secretary of the Department of Health and Human Services in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in that effort is the False Claims Act, which the Justice Department has used to recover more than $10.7 billion since January 2009 in cases involving fraud against federal health care programs. The Justice Department’s total recoveries in False Claims Act cases since January 2009 are over $14.5 billion.
The settlement was a result of an investigation by the U.S. Attorney’s Office for the District of Maryland, the Justice Department’s Civil Division, the Inspector General of Department of Health and Human Services, the Department of Defense Criminal Investigative Services and the Inspector General for the Office of Personnel Management. The case was handled by Assistant U.S. Attorneys Thomas Barnard and Thomas Corcoran and Trial Attorney Colin Huntley of the Justice Department Civil Division.
Baltimore Crack Dealer Sentenced to 12 Years in PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge William D. Quarles, Jr. sentenced Kintrell Todd McEachern, age 31, of Lochearn, Maryland, today to 12 years in prison followed by three years of supervised release for possession with intent to distribute crack cocaine. Judge Quarles also ordered that McEachern forfeit $13,601.50 seized during a search of his home.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and Chief James W. Johnson of the Baltimore County Police Department.
According to McEachern's guilty plea, on January 24, 2012, law enforcement executed a search warrant at his residence and recovered a total of 344.2 grams of crack cocaine and $13,601.50 in cash. McEachern was arrested outside the home and searched. Law enforcement recovered 55.8 grams of crack cocaine from McEachern.
United States Attorney Rod J. Rosenstein commended the DEA and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Brooke Carey and Peter M. Nothstein, who prosecuted the case.
Montgomery County Crack Dealer Sentenced to 20 Years in PrisonRead the Press Release
Frequently Distributed Crack in Grocery Stores, Restaurants and Other Public Places
Greenbelt, Maryland - U.S. District Judge Roger W. Titus sentenced Kevin Anthony Walker, age 43, of Germantown, Maryland, today to 20 years in prison followed by five years of supervised release for conspiracy to distribute and possess with intent to distribute crack cocaine. Judge Titus also ordered Walker to pay a fine of $7,000, and to forfeit $5,800 in cash and jewelry seized from his residence on December 9, 2011, as well as two vehicles.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to Walker’s guilty plea, he was part of a conspiracy to distribute crack cocaine in and around Germantown, Maryland, from April 2011 through November 10, 2011. During the conspiracy, Walker purchased powder cocaine from sources of supply, which he then converted into crack cocaine. Walker had co-conspirators drive him to distribute crack cocaine to his customers, often in public places like grocery stores, drug stores, and fast food restaurants. To further his drug trafficking, Walker had others put apartments and automobiles in their names for Walker’s use. During the conspiracy, law enforcement intercepted calls to and from one of Walker’s cell phones and overheard Walker on a number of occasions arranging to purchase powder cocaine, to distribute crack cocaine and directing others to distribute crack on his behalf.
On December 9, 2011, law enforcement executed a search warrant at Walker’s residence and recovered 152 grams of crack cocaine, six grams of powder cocaine, drug paraphernalia, drug ledgers, and $5,800 in cash. Law enforcement also seized three watches, two rings, a bracelet, and a necklace appraised at $27,000, all of which were purchased with drug proceeds.
United States Attorney Rod J. Rosenstein commended the DEA and Montgomery County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Deborah A. Johnston and Mara Zusman Greenberg, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Former Employee Sentenced to over Three Years in Prison for Embezzling Funds from Labor UnionRead the Press Release
Cashed Over 300 Checks Totaling $502,586 for Her Personal Benefit
Baltimore, Maryland – U.S. District Judge George L. Russell III sentenced Cora Carper, age 32, of Churchton, Maryland, today to 37 months in prison followed by three years of supervised release for embezzling from a labor union’s political action committee. Judge Russell also entered an order that Carper pay $495,286 in restitution, the amount remaining from what she embezzled. Carper’s family previously paid $7,300.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and District Director Mark Wheeler of the U.S. Department of Labor, Office of Labor – Management Standards (DOL).
According to her plea, Carper was a secretary with the International Association of Heat and Frost Insulators and Allied Workers, and processed disbursement requests for the Insulators Political Action Committee (PAC) fund. Disbursement requests from the PAC fund had to be made in writing and only by certain officers of the Insulators local. For each requested disbursement, Carper was supposed to print a check from the PAC fund account that contained the electronic signatures of the Insulators general president and secretary-treasurer, and forward that check to the recipient. Carper also entered PAC fund receipts and deposits into a computerized ledger, made deposits in the PAC fund, and reconciled monthly PAC fund bank statements against the electronic ledger.
Carper admits that between June 2009 and February 2011, she printed more than 300 checks totaling approximately $502,586, from the PAC fund account made payable to “cash,” “cash reimbursement,” or “petty cash.” Union officials stated that Carper printed and cashed the checks without authorization, often cashing multiple PAC fund checks the same day. Carper endorsed the back of all but 13 of the more than 300 checks she cashed, and deposited at least $180,000 into her personal bank accounts. To cover up her embezzlement, Carper falsely indicated in the computerized ledger that the checks were written for donations to political candidates or to reimburse work expenses.
In early 2011, the Insulators general president confronted Carper about her embezzlement. Carper admitted that she had taken $7,300, but denied further embezzlement. Her family paid the Insulators $7,300. A subsequent internal investigation by the Insulators and DOL revealed that Carper’s embezzlement far exceeded her limited admission, with $502,586 in checks attributed to Carper’s embezzlement.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised DOL, Office of Labor - Management Standards for its work in the investigation and thanked Assistant U.S. Attorney Kristi N. O’Malley, who prosecuted the case.
Former Employee Sentenced to over Three Years in Prison for Embezzling Funds from Labor UnionRead the Press Release
Cashed Over 300 Checks Totaling $502,586 for Her Personal Benefit
Baltimore, Maryland – U.S. District Judge George L. Russell III sentenced Cora Carper, age 32, of Churchton, Maryland, today to 37 months in prison followed by three years of supervised release for embezzling from a labor union’s political action committee. Judge Russell also entered an order that Carper pay $495,286 in restitution, the amount remaining from what she embezzled. Carper’s family previously paid $7,300.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and District Director Mark Wheeler of the U.S. Department of Labor, Office of Labor – Management Standards (DOL).
According to her plea, Carper was a secretary with the International Association of Heat and Frost Insulators and Allied Workers, and processed disbursement requests for the Insulators Political Action Committee (PAC) fund. Disbursement requests from the PAC fund had to be made in writing and only by certain officers of the Insulators local. For each requested disbursement, Carper was supposed to print a check from the PAC fund account that contained the electronic signatures of the Insulators general president and secretary-treasurer, and forward that check to the recipient. Carper also entered PAC fund receipts and deposits into a computerized ledger, made deposits in the PAC fund, and reconciled monthly PAC fund bank statements against the electronic ledger.
Carper admits that between June 2009 and February 2011, she printed more than 300 checks totaling approximately $502,586, from the PAC fund account made payable to “cash,” “cash reimbursement,” or “petty cash.” Union officials stated that Carper printed and cashed the checks without authorization, often cashing multiple PAC fund checks the same day. Carper endorsed the back of all but 13 of the more than 300 checks she cashed, and deposited at least $180,000 into her personal bank accounts. To cover up her embezzlement, Carper falsely indicated in the computerized ledger that the checks were written for donations to political candidates or to reimburse work expenses.
In early 2011, the Insulators general president confronted Carper about her embezzlement. Carper admitted that she had taken $7,300, but denied further embezzlement. Her family paid the Insulators $7,300. A subsequent internal investigation by the Insulators and DOL revealed that Carper’s embezzlement far exceeded her limited admission, with $502,586 in checks attributed to Carper’s embezzlement.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein praised DOL, Office of Labor - Management Standards for its work in the investigation and thanked Assistant U.S. Attorney Kristi N. O’Malley, who prosecuted the case.
Caroline County Man Sentenced for Stealing Property from the Goddard Space Flight CenterRead the Press Release
Stole Tools and Scaffolding Which He Sold at Pawn Shops in Baltimore, Anne Arundel and Queen
Anne’s Counties
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Brandon Scott Gauss, age 28, of Preston, Maryland today to a year and a day followed by three years of supervised release for stealing government property from the Goddard Space Flight Center, part of the National Aeronautics and Space Administration (NASA). Judge Grimm also ordered that Gauss pay restitution of $11,574.35 to the U.S. government; $4,461 to Fast Cash Pawn Shop in Annapolis, Maryland; and forfeit at least $29,412.89.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Inspector General Paul K. Martin, NASA Office of Inspector General.
According to his plea agreement, Gauss was a contract employee at NASA. As an engineering technician at the Goddard Space Flight Center, he had access to tools and other property NASA owned. From October 2011 through November 2012, Gauss stole tools and aluminum scaffolding belonging to the government, which he sold to pawn shops for cash. Gauss made over 60 visits to pawn shops throughout Maryland, including Baltimore, Anne Arundel and Queen Anne Counties, and received at least $16,974. The government has recovered some of the items, worth at least $29,736. Gauss admits that he owes the government at least $11,574.35, the money he received from selling the stolen materials the government has been unable to recover.
United States Attorney Rod J. Rosenstein praised the NASA OIG, Office of Investigations for its work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Leah J. Bressack and Sujit Raman, who prosecuted the case.
Laurel Bank Robber Sentenced to 8 Years in Prison for Four Robberies in over Three MonthsRead the Press Release
Attempted to Rob Two More Banks
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Jeffrey Wayne Malcolm, age 56, of Laurel, Maryland, today to 8 years in prison followed by three years of supervised release for bank robbery.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief Richard McLaughlin of the Laurel Police Department; Howard County Police Chief William McMahon; Colonel Marcus L. Brown, Superintendent of the Maryland State Police; and Frederick County Sheriff Charles A. “Chuck” Jenkins.
According to his plea agreement, Malcolm robbed the following four banks: PNC Bank at 7451 VanDusen Road in Laurel of $1,327 on October 28, 2011; PNC Bank at 1621 West Liberty Road in Sykesville of $3,597 on January 17, 2012; and the Suntrust Bank at 11323 Fingerboard Road in Monrovia of $1,776 on January 25, 2012, and $4,388 on February 4, 2012.
Malcolm also attempted to rob the PNC Bank at 15290 Frederick Road in Woodbine on November 7, 2011, but the teller refused to hand over money. Two days later he attempted to rob the PNC Bank at its VanDusen branch, but when a teller saw him approach the bank wearing a ski mask, bank employees locked the front door, preventing him from entering.
United States Attorney Rod J. Rosenstein commended the FBI, Laurel Police Department, Howard County Police department, Maryland Police Department, Frederick County Bureau of Investigations and Frederick County State’s Attorney's Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney P. Michael Cunningham, who prosecuted the case.
Randallstown Man Sentenced to over 7 Years in Prison for Bankruptcy Fraud and Filing False Tax ReturnsRead the Press Release
Failed to Report Income and Assets Totaling Over $740,000 and Attempted to Fraudulently Discharge
Debts of Over $1.1 Million Through Bankruptcy
Baltimore, Maryland - U.S. District Judge William D. Quarles, Jr. sentenced Ricardo O. Curry II, age 43, of Randallstown, Maryland, today to 87 months in prison, followed by three years of supervised release for assisting in the filing of false tax returns, bankruptcy fraud, falsifying bankruptcy records and false testimony under oath at a bankruptcy proceeding. Judge Quarles also ordered Curry to pay restitution of $1,114,988.51 to the creditors in his bankruptcy case and $118,182 to the IRS. Curry was convicted by a federal jury on March 20, 2013 and has been detained since that time.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and U.S. Trustee Judy Robbins and the Baltimore Office of the United States Trustee Program, the Department of Justice component that supervises the administration of bankruptcy cases.
According to evidence presented at his three day trial, Curry worked for Peerless Real Estate Services, Inc., a North Carolina corporation that oversaw the sale of property in North Carolina, including a development which contained more than 2000 lots. Curry recruited at least 12 investors to purchase at least 23 lots in the development and he received referral fees based on these sales. In 2005, 2006, and 2007, respectively, Curry earned referral fees of $41,455, $43,200, and $330,546. Although Curry reported the income he received as a sales representative for a pharmaceutical company on his 2005, 2006, and 2007 tax returns, he failed to report these referral fees, totaling $415,201.
On March 12, 2009, Curry filed for Chapter 13 bankruptcy in the United States Bankruptcy Court for the District of Maryland. On April 21, 2009, Curry filed a Statement of Financial Affairs with the bankruptcy court, which reported the income he earned as a pharmaceutical sales representative for tax years 2005, 2006, and 2007, but failed to report the $415,201 he earned in referral fees from Peerless. Curry also failed to disclose his ownership interest in a home worth approximately $325,000. On July 28, 2009, Curry filed an Amended Statement of Financial Affairs, which again failed to disclose the $415,201 in referral fees, and his ownership interest in the home. On October 20, 2009, Curry testified under oath at meeting of the creditors, falsely stating that all of his assets were listed in his bankruptcy filing, when in fact, Curry knew that he had not reported the referral fees, nor his home ownership. Ultimately, Curry never provided documents to the trustee overseeing his bankruptcy case regarding either the referral fee income or the home, and as a result, on April 12, 2010, Curry’s attempt to discharge his debts through bankruptcy was denied.
United States Attorney Rod J. Rosenstein praised the IRS-CI, FBI and U.S. Trustee’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Gregory R. Bockin and David I. Sharfstein, who prosecuted the case.
Gwynn Oak Man Pleads Guilty to Fraudulently Obtaining Social Security and Veterans BenefitsRead the Press Release
Baltimore, Maryland – Dwight McCloud Newman, age 63, of Gwynn Oak, Maryland pleaded guilty today to Title II program fraud.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Michael McGill of the Social Security Administration (SSA) - Office of Inspector General, Philadelphia Field Division; and Inspector General Kim R. Lampkins, Special Agent in Charge, Mid Atlantic Field Office, Washington, DC of the U.S. Department of Veterans Affairs (VA).
According to his plea agreement, Newman’s father received Social Security retirement and Veteran disability benefits at the time of his death on January 7, 2007. The benefits were directly deposited into a checking account in which Newman and his father were joint account holders. Newman failed to notify SSA or VA of his father’s death. As a result, from January 7, 2007 to November 3, 2011, SSA deposited $62,110 into the checking account, and VA deposited $16,995 from January 7, 2007 to November 30, 2012. Newman withdrew or spent substantially all of these benefits for his own benefit.
Newman faces a maximum sentence of five years in prison and a $250,000 fine for Title II program fraud. Newman agrees to pay restitution of $79,105, including $7,000 to be paid at the time of sentencing. U.S. District Judge William D. Quarles, Jr. scheduled sentencing for October 15, 2013 at 1:00 p.m.
United States Attorney Rod J. Rosenstein praised the SSA–OIG and VA-OIG for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Paul K. Nitze of the SSA, who is prosecuting the case.
Heroin Dealer Exiled to 13 Years in PrisonRead the Press Release
Baltimore, Maryland - U.S. District Judge William D. Quarles, Jr. sentenced Antonio Lamont Johnson, a/k/a Tracey Johnson, age 44, of Baltimore, Maryland, today to 13 years in prison, followed by four years of supervised release, for conspiracy to distribute and possession with intent to distribute heroin.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Colonel Michael Kundrat, Chief of the Maryland Transportation Authority Police; Baltimore City State’s Attorney Gregg L. Bernstein; Chief James W. Johnson of the Baltimore County Police Department; and Baltimore Police Commissioner Anthony W. Batts.
“Today's sentencing exiles a heroin distributor and career criminal to federal prison,” stated Karl C. Colder, Special Agent in Charge of the Drug Enforcement Administration, Washington Field Division. “This is drug interdiction at its best. Quick and effective cooperation between our law enforcement partners in conjunction with the utilization of various investigative techniques brought this case to a successful conclusion,” added Colder.
According to his plea agreement, on September 2, 2012, DEA agents stopped a car carrier in El Paso, Texas. A drug detection dog alerted on a vehicle on the carrier, registered in Pikesville, Maryland, for the presence of narcotics. Investigators discovered a hidden compartment in the roof of the vehicle containing 4.6 kilograms of heroin, with a wholesale value of approximately $300,000.
Investigators brought the car carrier and the vehicle to Baltimore and a controlled delivery of the heroin was made on September 6, 2012. Johnson was seen paying the truck driver and then driving the vehicle into Baltimore. Johnson met with a co-conspirator, who took possession of the vehicle and parked it in a secluded section of a parking lot. They accessed the heroin. Agents then approached the vehicle and saw a kilogram open to view next to the co-conspirator, who was seated in the driver’s seat. Johnson and the co-conspirator were arrested.
United States Attorney Rod J. Rosenstein commended the DEA, Maryland Transportation Authority Police, Baltimore County Police Department, Baltimore Police Department and Baltimore City State’s Attorney=s Office for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys James G. Warwick and David I. Sharfstein, who prosecuted the case.
Woman Pleads Guilty to Defrauding Lowe’s Stores by Fraudulently Obtaining Gift Card CreditRead the Press Release
Baltimore, Maryland - Lucerte “Lisa” Abellard, age 35, of Dobbs Ferry, New York, pleaded guilty today to conspiracy to commit wire fraud in connection with a scheme to defraud Lowe’s stores.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Acting Special Agent in Charge Lisa Quinn of the United States Secret Service – Baltimore Field Office.
According to her plea agreement, Abellard called employees at Lowe’s stores around the United States, pretending to be from the “IT department” at Lowe’s headquarters, telling the Lowe’s employee that she received a report there were problems with a register at the Lowe’s store. She would then ask the employee to run a series of diagnostics on the register, often pretending to be able to see the tests remotely. The purported diagnostics ended with a “test” transaction that put a credit on a Lowe’s gift card – usually about $3,000 to $4,000. In reality, this “test” transaction put a credit onto a Lowe’s card possessed by Abellard or her co-conspirators. Abellard was usually successful in deceiving employees into believing she was calling from Lowe’s IT department because she was very familiar with Lowe’s internal procedures and systems – including the names of systems and databases routinely accessed by Lowe’s employees.
Abellard received a portion of value on the gift card she fraudulently credited from the co-conspirators to whom she sold the cards. After obtaining the fraudulent credit, Abellard would contact the co-conspirator that had paid her for the card, advise that person of the credit and that the card needed to be used quickly before Lowe’s detected the fraud. Phone records connect Abellard and her co-conspirators to the fraudulently obtained gift cards, and confirm that Abellard made most or all of the fraud calls to Lowe’s stores.
The total loss to Lowe’s as a result of the scheme was more than $250,000. The government contends that Abellard was the leader of the scheme and will offer evidence to prove that at sentencing
Abellard faces a maximum sentence of 20 years in prison and a fine of $250,000. U.S. District Judge Ellen L. Hollander scheduled his sentencing for September 26, 2013, at 10:00 a.m.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein thanked the U.S. Secret Service for its work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorney Justin S. Herring, who is prosecuting the case.
Phoenix Man Sentenced to over 3 Years in Prison for Stalking A Woman in MarylandRead the Press Release
Baltimore, Maryland - U.S. District Judge Ellen L. Hollander sentenced David Charles Richards, age 49, of Phoenix, Arizona, today to 42 months in prison, followed by three years of supervised release, for stalking a woman in Maryland. As part of his sentence, Judge Hollander ordered that Richards have no contact with the victim or her family.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
“David Charles Richards violated the federal law against stalking, by using the internet to engage in a course of conduct that was intended to and did place a person in reasonable fear of death or serious bodily injury,” said U.S. Attorney Rod J. Rosenstein.
According to Richards’ guilty plea, from December 2006 through November 2011, Richards used the internet, telephone, electronic mail and the U.S. mail to stalk a woman in Maryland, including threatening to kill the woman. Richards and the woman had a prior romantic relationship, which the woman described as both troubled and violent.
According to Richards’ plea agreement, after not having any contact with the victim for almost 15 years, in June 2006, Richards contacted the victim’s sister telling her that he still loved the victim but wanted to hurt her. Beginning in July 2006, and during each subsequent year, the victim sought and was granted protective orders forbidding Richards to contact her. On December 11, 2006, the victim discovered that a website had been created in her name, which included a countdown clock to the expiration of the protective order the victim had taken out against Richards and other threatening material. In March of 2008, Richards attempted to purchase a firearm in Arizona, but failed to disclose that he was subject to a protective order. He was denied purchase of a firearm by ATF due to his prohibited person status. In December 2009, Richards mailed a threatening note, along with torn and shredded pieces of the protective orders that had been served upon him, to the victim’s home. Through January 2010, Richards left the victim at least eight voicemails totaling one hour and 40 minutes in length. Richards continued to post threats on websites directed at the victim, including as recently as November 2011. Richards’ long campaign of harassment and threats placed the victim in fear of death and serious harm.
United States Attorney Rod J. Rosenstein praised the FBI agents in Baltimore and Phoenix for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Rachel M. Yasser and Kristi N. O’Malley, who prosecuted the case.
Drug Dealer Who Imported Cocaine Hidden in Flip Flops Sentenced to over 15 Years in PrisonRead the Press Release
Greenbelt, Maryland - U.S. District Judge Roger W. Titus sentenced Lorenzo Solomon, age 28, of Baltimore, Maryland, today to 188 months in prison, followed by four years of supervised release, for a conspiracy to import cocaine from St. Vincent and distribute it in Maryland. Judge Titus enhanced Solomon’s sentence upon finding that he was a leader of the conspiracy and that he obstructed justice by attempting to intimidate witnesses to prevent them from testifying truthfully against him at trial.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); U.S. Customs and Border Protection Baltimore Port Director Ricardo Scheller; and the agencies participating in the Metropolitan Area Drug Task Force.
According to the evidence presented at Solomon’s four day trial, Solomon served as the leader and organizer of a conspiracy involving Ronnie George and others to import cocaine from St. Vincent and distribute that cocaine in Maryland. Between April and December 2010, Solomon arranged with coconspirators located in St. Vincent to send him packages containing up to a kilogram of cocaine at a time hidden in the soles of flip-flop style slippers, both to his own address and to the address of others. Once Solomon retrieved the packages, he would remove the cocaine and sell the cocaine to others in Maryland who would then distribute it.
To pay for the drugs, witnesses testified that Solomon arranged to have multiple friends and family members send large amounts of cash via Western Union and Moneygram, most frequently in $2,000 increments, which Solomon provided them. Solomon recruited coconspirator Ronnie George to send money on his behalf. In addition to providing him cash to send to St. Vincent, Solomon provided George several hundred dollars in cash or merchandise as compensation for sending money. Solomon suggested that George recruit friends to send money to reduce the chance of the scheme being detected, which he did. Solomon also recruited his sister, girlfriend and others to send money to St. Vincent for him. According to court documents, more than 17 individuals sent a total of $117,270 from the U.S. to St. Vincent between April and November 2010.
According to trial testimony, on November 26, 2010, Customs and Border Protection (CBP) officers intercepted package of cocaine-filled flip flops intended for Solomon, but addressed to a friend. CBP transferred the package to the Metropolitan Area Drug Task Force to attempt a controlled delivery of the package to the Takoma Park address listed on the package. After unsuccessfully attempting to deliver the package on December 6, 2010, law enforcement left a note on the door advising of the attempted delivery of the package and providing a telephone number to call to arrange delivery. Witness testimony showed that Solomon was advised of the arrival of the package and at Solomon’s direction, delivery of the package was arranged for the next day. After the package was delivered, phone records show that a call was placed to Solomon to let him know of the delivery. A short time later, HSI agents executed a search warrant, recovering the drugs. Ronnie George was also arrested after he arrived to pick up the package for Solomon.
Solomon left the area, eventually traveling to St. Vincent, where, in February 2011, he filed paperwork with the St. Vincent government to form a business, apparently in an effort to create a cover story as to why he had sent so much money to St. Vincent. Solomon returned to the United States in March 2011. On April 6, 2011, George and Solomon were indicted on drug conspiracy charges. George was arrested and pleaded guilty, but Solomon was not located until after George’s sentencing in March 2012.
According to witness testimony, Solomon requested that a witness change her story so as not to implicate Solomon in the drug conspiracy, but the witness refused. Evidence was also presented that during preparation for trial several witnesses contacted law enforcement to advise that they or members of their family were being threatened to prevent the witness’ testimony against Solomon. As a result of these threats, Judge Titus ordered that Solomon be taken into custody on the first day of his trial, March 12, 2013, and he has been detained since that time.
Ronnie George, age 27, of Owings Mills, Maryland pleaded guilty to his participation in the drug conspiracy and was sentenced to a year and a day in prison.
United States Attorney Rod J. Rosenstein commended HSI Baltimore, U.S. Customs and Border Protection and the agencies participating in the Metropolitan Area Drug Task Force for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Kristi N. O’Malley and Adam K. Ake, who prosecuted the case.
Company Owner Sentenced to Prison for Failing to Pay TaxesRead the Press Release
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Jonas Purisch, age 39, of Perry Hall, Maryland today to three months in prison, followed by one year of supervised release, for subscribing to a false tax return and failing to file a tax return. Judge Bredar also ordered Purisch to pay restitution of $210,019.04 to the IRS, including interest, and to pay a fine of $30,000.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
“Unlike Mr. Purisch, the vast majority of America’s taxpayers play by the rules and fulfill their tax obligations,” said Thomas J. Kelly, Special Agent in Charge, IRS Criminal Investigation, Washington DC Field Office. “IRS Criminal Investigation is committed to working with the US Attorney’s Office to bring to justice those, like Mr. Pursich, that intentionally do not report their correct income.”
According to his plea agreement, Purisch owned and operated JP Staffing, Inc., a company based in Baltimore which provided temporary factory workers. JP Staffing paid its employees in cash. Purisch earned significant amounts of revenue from his operation of the business. In order to avoid paying income taxes, Purisch deposited his income from the business into one of his two personal bank accounts.
In the years 2006 and 2007, Purisch filed individual federal income tax returns which understated his income. Purisch falsely stated in his 2006 tax return that his income was $52,870, when in fact he deposited $276,572 of income into his personal bank accounts. Purisch’s unpaid personal income tax for 2006 was $17,851. Purisch falsely stated on his 2007 tax return that his income was $4,000, when in fact he earned $375,158, resulting in personal income tax liability of $48,410 for 2007.
Purisch deposited $457,499 of income into his personal bank accounts in 2008, and deposited $280,426 in 2009, but never filed a 2008 or 2009 tax return. Purisch’s unpaid personal income tax was $73,836 in 2008, and $41,100 in 2009.
The total tax loss in this case including interest on unpaid taxes is $210,019.04.
United States Attorney Rod J. Rosenstein praised the IRS Criminal Investigation for its work in the investigation and thanked Assistant U.S. Attorney Peter M. Nothstein, who is prosecuting the case.
Baltimore Felon Exiled to 15 Years in Prison for Possessing A GunRead the Press Release
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced Raymon Lee, age 26, of Baltimore, Maryland, today to 15 years in prison followed by three years of supervised release for being a felon in possession of a gun. Judge Bredar enhanced Lee’s sentence upon finding that Lee is an armed career criminal based on three previous drug and violent felony convictions.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Maryland Attorney General Douglas F. Gansler; Baltimore City State’s Attorney Gregg L. Bernstein; and Baltimore Police Commissioner Anthony W. Batts.
According to his plea agreement, on December 8, 2011 Baltimore police officers saw Lee walking in the area of Hayward and Denmore Avenues in Baltimore. Information had recently been provided that Lee was being sought for questioning as a person of interest in a shooting investigation. When one of the officers approached Lee and advised that a detective wanted to speak with him in reference to an investigation, Lee attempted to run. Lee reached into his pants and removed a loaded handgun, throwing it over a parked minivan onto the sidewalk. After a struggle, Lee was arrested and the officers recovered the handgun and ammunition. Lee had previously been convicted of a felony and was prohibited from possessing a gun.
United States Attorney Rod J. Rosenstein commended the ATF, Maryland Attorney General’s Office, Baltimore Police Department and Baltimore City State’s Attorney's Office for their work in the investigation. Mr. Rosenstein thanked Special Assistant United States Attorney Gerald A. A. Collins, a cross designated Maryland Assistant Attorney General assigned to Exile cases, who prosecuted the case.
Baltimore Felon Convicted of Armed Bank RobberyRead the Press Release
Baltimore, Maryland – A federal jury today convicted Maurice Colbert, age 59, of Baltimore, Maryland on charges of armed bank robbery, forcing a bank employee at gunpoint to accompany him around that bank, and brandishing a firearm during a crime of violence.
The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief James W. Johnson of the Baltimore County Police Department.
According to the evidence presented at his four day trial, Colbert robbed the First Mariner Bank in Middle River, Maryland on November 7, 2011, stealing $31,153. Witnesses testified that Colbert entered the bank, announced the robbery and brandished a gun at customers and bank employees, even forcing a bank employee at gunpoint to accompany him around the bank. After bank employees handed over the money Colbert demanded, he fled the bank. According to witness testimony, Colbert was subsequently arrested at a nearby business. At the time of his arrest, Colbert had dye stains on his pants and socks and dye stained cash was found in his pants pockets. According to trial testimony, Colbert had a previous felony conviction.
Colbert faces a maximum sentence of 25 years in prison for armed bank robbery; a mandatory minimum of 10 years in prison for forcing the bank employee to accompany him; and a minimum of seven years and a maximum of life prison, consecutive to any other sentence imposed, for brandishing a firearm during a crime of violence. U.S. District Judge Catherine C. Blake scheduled sentencing for October 4, 2013, at 9:15 a.m.
United States Attorney Rod J. Rosenstein praised the FBI and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Judson T. Mihok and Gregory R. Bockin, who are prosecuting the case.
Baltimore Felon Convicted of Armed Bank RobberyRead the Press Release
Baltimore, Maryland – A federal jury today convicted Maurice Colbert, age 59, of Baltimore, Maryland on charges of armed bank robbery, forcing a bank employee at gunpoint to accompany him around that bank, and brandishing a firearm during a crime of violence.
The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; and Chief James W. Johnson of the Baltimore County Police Department.
According to the evidence presented at his four day trial, Colbert robbed the First Mariner Bank in Middle River, Maryland on November 7, 2011, stealing $31,153. Witnesses testified that Colbert entered the bank, announced the robbery and brandished a gun at customers and bank employees, even forcing a bank employee at gunpoint to accompany him around the bank. After bank employees handed over the money Colbert demanded, he fled the bank. According to witness testimony, Colbert was subsequently arrested at a nearby business. At the time of his arrest, Colbert had dye stains on his pants and socks and dye stained cash was found in his pants pockets. According to trial testimony, Colbert had a previous felony conviction.
Colbert faces a maximum sentence of 25 years in prison for armed bank robbery; a mandatory minimum of 10 years in prison for forcing the bank employee to accompany him; and a minimum of seven years and a maximum of life prison, consecutive to any other sentence imposed, for brandishing a firearm during a crime of violence. U.S. District Judge Catherine C. Blake scheduled sentencing for October 4, 2013, at 9:15 a.m.
United States Attorney Rod J. Rosenstein praised the FBI and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Judson T. Mihok and Gregory R. Bockin, who are prosecuting the case.
Supplier and Member of Temple Hills Drug Conspiracy Sentenced to 15 Years in PrisonRead the Press Release
Greenbelt, Maryland - U.S. District Judge Roger W. Titus sentenced Mack Easy Holland, age 40, of Upper Marlboro, Maryland, today to 15 years in prison, followed by five years of supervised release, for conspiracy to possess with intent to distribute phencyclidine (PCP), crack cocaine and heroin, as well as possession of a firearm in furtherance of a drug trafficking offense.
On June 19, 2013, Judge Titus sentenced Norman Lee, Jr., age 36, of Washington, D.C., to 188 months in prison, followed by four years of supervised release, for conspiracy to possess with intent to distribute phencyclidine (PCP). Judge Titus enhanced Lee’s sentence upon finding that he was a career offender based on three previous drug convictions.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Chief Mark A. Magaw of the Prince George’s County Police Department; and Chief Cathy L. Lanier of the Metropolitan Police Department.
According to their guilty pleas, from at least June 2010 through February 2012, Holland and Lee were a part of a drug trafficking conspiracy based in and around Temple Hills, Maryland that was led by Samuel Braxton. Braxton regularly received multi-ounce to quarter-gallon quantities of PCP from Holland, who was his primary source of supply, and would then add starter fluid or other chemicals to the PCP to increase its quantity. Also during this time period, Braxton received heroin, and crack and powder cocaine from other sources of supply. Braxton sold the PCP, heroin, and crack to regular drug customers in the Washington, D.C. metropolitan area, including Prince George’s County.
On a weekly basis from November 2011 through January 2012, Holland was overheard by law enforcement in phone conversations with Braxton in which they discussed the sale of and arranged transactions involving PCP. On January 5, 2012, Holland was arrested. Law enforcement seized approximately 24 ounces of PCP and 48 grams of heroin, $2,958 in cash and three cell phones from Holland and his car. A subsequent search of Holland’s residence recovered three metal gasoline canisters containing approximately three gallons of PCP from a shipping box outside the house, a 32 ounce bottle full of PCP in the house, four handguns, two of them loaded and over $48,000 in cash. Holland had a previous felony conviction and was prohibited from possessing firearms or ammunition.
In late December 2011, Braxton provided approximately eight ounces of PCP to co-conspirator Maurice Allen, who redistributed those eight ounces of PCP to Lee. Lee was dissatisfied with the quality of the PCP and complained to Allen. Allen advised Braxton that his customer was not satisfied with the quality of the PCP that Allen had provided him and Braxton agreed to exchange four ounces of PCP for a new batch. On January 10, 2012, Allen and Lee drove to Braxton’s apartment in Temple Hills to exchange the PCP, then to a bowling alley, where Allen got out of the car. Law enforcement stopped Lee a short time later and seized four ounces of PCP from Lee.
Over the course of the conspiracy Lee was responsible for the distribution of between 100 and 400 grams of PCP. Holland was responsible for the distribution of at least 12 kilograms of PCP and 48 grams of heroin.
Samuel Braxton, a/k/a “Fats,” age 44, of Temple Hills, Maryland, was sentenced on April 3, 2013, to 27 years in prison for conspiracy to possess with intent to distribute PCP, crack cocaine and heroin. Maurice Allen, a/k/a “Reece,” age 45, of Waldorf, Maryland, pleaded guilty and was previously sentenced to a year and a day in prison.
United States Attorney Rod J. Rosenstein commended the DEA, FBI, Metropolitan Police Department and Prince George’s County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorneys Christen A. Sproule, Steven E. Swaney, and Arun Rao, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Loan Broker Sentenced to over 15 Years in Prison in Conspiracy to Fraudulently Obtain over $100 Million in Sba-backed LoansRead the Press Release
Baltimore, Maryland - U.S. District Judge William D. Quarles, Jr. sentenced Joon Park, a/k/a “Joon Pak,” and “Joon Paik,” age 43, of Falls Church, Virginia, today to 188 months in prison followed by five years of supervised release for conspiring to commit bank fraud in connection with a scheme to fraudulently obtain business loans guaranteed by the Small Business Administration, with resulting losses of over $100 million. Judge Quarles also ordered Park to pay a money judgment of $91,449,700 and forfeit all the property involved in the offense.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Small Business Administration Inspector General Peggy E. Gustafson; Postal Inspector in Charge Gary R. Barksdale of the U.S. Postal Inspection Service - Washington Division; and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
“SBA underwriters approved $100 million in business loans brokered by Jade Capital based on fraudulent bank statements, checks, gift letters, resumes and tax returns that made it appear as if the borrowers had invested money in the businesses,” said U.S. Attorney Rod J. Rosenstein. “When borrowers and brokers submit false information and fraudulent documents, the underwriting process is defeated and the taxpayers bear the loss.”
According to his plea agreement, Joon Park and his brother, Loren Park, owned and operated Jade Capital, a loan brokerage company specializing in securing loans for individuals interested in purchasing or refinancing small businesses in the Mid-Atlantic area. According to the indictment, Joon and Loren Park and others under their direction encouraged prospective borrowers to apply for business loans through an SBA program which guaranteed 75% - 90% of qualified loans made by banks and other commercial lending institutions. Under the program, the principals of the small business seeking the loan were required to invest a certain amount of their own money before they qualified for a loan. The banks and other lenders bore the risk of payment default only up to the percentage of the loan not guaranteed by the SBA.
Joon Park admitted that from 2003 until October 2011, he and others under his direction including Nick Park (no relation), Joo Hyuk “John” Lee, Sang Hyun Kim, and In Jung Ham, submitted SBA loan applications and supporting documentation to loan originators and underwriters on behalf of their clients that contained fraudulent documents, including: bank statements for borrowers that were altered to make it look like the borrowers had more cash to inject into the business they were buying than they in fact did; counterfeit cashier’s checks and fake gift letters that made it look like the borrowers had more assets at their disposal to use as down payments than they did; fabricated resumes that made it look like the borrowers had more experience running the businesses they sought to purchase than they did; fake tax returns that made it look like the borrowers had greater income than they did; phony interim financial statements that made other businesses the borrowers owned look more profitable than they were; and a number of other misrepresentations.
The Parks charged a loan brokerage fee to both the financial institutions and the borrowers for assembling and submitting loan application packages that resulted in the issuance of SBA-guaranteed loans. The fees charged to borrowers were hidden from the financial institutions underwriting the loans. The Parks also had undisclosed ownership interests in businesses involved in some of the transactions and received loan proceeds, unbeknownst to the lenders, in a number of transactions. In one instance, the Parks did not have an ownership interest in a company involved in a transaction but persuaded the seller to assign some of the loan proceeds to them and then converted those proceeds to their own personal use.
Joon Park also worked with settlement attorney Seung E. Oh, to facilitate loan closings for deals that would otherwise fail to meet the lending parameters of the banks making the loans, by misrepresenting to the banks and to the SBA the true amount of money involved in the transactions and/or the true names of the parties taking part in the transactions. In addition to conducting fraudulent closings, Oh wired money to Jade Capital clients to make it appear as though they qualified for loans when they did not, and received, at Joon Park’s direction, loan proceeds to repay those loans.
Nick Park, a/k/a Nochol Park, age 46, of McLean, Virginia, was sentenced to 33 months in prison; and Joo Hyuk “John” Lee, age 39, of Richmond, Virginia, and Sang Hyun Kim, age 35, of Fairfax, Virginia, were each sentenced to three years in prison. Kim’s wife, In Jung Ham, age 30, also of Fairfax, was sentenced to a year and a day in prison, for her role in the scheme. Judge Quarles ordered Lee to pay restitution of $1,900,325 and ordered Ham to pay restitution of $216,472.92. Lee, Kim and Ham were also ordered to forfeit the proceeds of the scheme and pay money judgments of $18,764,900, $13,432,000 and $15,725,000, respectively. Seung E. Oh, a/k/a Sandy Oh, age 44, of Great Falls, Virginia, pleaded guilty to conspiracy to commit bank fraud and money laundering, and is scheduled for sentencing on July 9, 2013 at 1:00 p.m.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
United States Attorney Rod J. Rosenstein thanked the SBA Office of Inspector General, U.S. Postal Inspection Service and FBI for their work in the investigation. Mr. Rosenstein praised Assistant U.S. Attorneys Leo J. Wise and Martin J. Clarke, who prosecuted the case.
Halethorpe Man Sentenced to 7 Years in Prison for Possession, Receipt and Transportation of Child PornographyRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Alan Clifton, age 27, of Halethorpe, Maryland, today to 7 years in prison, followed by 30 years of supervised release, for possession, receipt and transportation of child pornography. Judge Bennett ordered that upon his release from prison Clifton 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 United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation; Special Agent in Charge William Winter of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Chief James W. Johnson of the Baltimore County Police Department.
According to evidence presented at his four day trial, Clifton used a file sharing program to share images of child pornography. On October 11, 2011, an undercover detective downloaded three videos depicting minors engaged in sexually explicit conduct from Clifton’s files. A search warrant was subsequently executed at Clifton’s residence by the Baltimore County Police Department Crimes Against Children Unit and officers seized Clifton's laptop computer, which was found in his bedroom, another computer, an external hard disk drive, and other digital media. An on-scene forensic scan of Clifton's laptop computer revealed images of child pornography. A subsequent forensic examination of the external hard drive recovered 3700 files of child pornography, including the three videos that had been downloaded by the undercover detective.
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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, HSI Baltimore and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Judson T. Mihok and Peter J. Martinez, who prosecuted the case.
Employee Pleads Guilty to Theft of Government PropertyRead the Press Release
Misused Her Government Credit Card to Purchase Personal Items
Greenbelt, Maryland – Mary Michelle Thompson, age 42, of Glen Burnie, Maryland, pleaded guilty today to theft of government property in connection with her misuse of her government credit card.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Elton Malone, Special Agent in Charge of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Office of Investigations, Special Investigations Branch.
According to her plea agreement, between January 2010 and February 2012, Thompson was an employee of the Department of Health and Human Services (HHS) and was authorized to use a government credit card to purchase items for official use in her office or by HHS employees in their work.
Thompson admitted that beginning no later than January 2010, she began to buy personal items that were not needed or used for the operations of her office at HHS and were not delivered to or used by HHS personnel. These items included electronics, sporting goods and gift cards to retailers. The total value of the purchases was over $16,000.
In June 2012, an HHS auditor asked Thompson to provide copies of documents supporting some of the purchases made with her government credit card. Thompson submitted forged vendor invoices altered to reflect fictitious legitimate purchases in the amounts of her unauthorized expenditures. When confronted with the discrepancies between her documentation and the documentation obtained directly from the vendors, Thompson claimed that she did not recall receiving or ordering the items. Thompson resigned from HHS shortly thereafter.
A search of her residence on December 18, 2012, recovered many of the person items purchased with her government credit card including a 32GB iPod Touch and iPod accessories, a Blackberry Playbook, a Bose headset, roller skates, pool cues and shoes. The serial number on the iPod Touch recovered from Thompson’s residence matched the serial number on the invoice obtained directly from Apple which showed that it was purchased with Thompson’s government credit card.
Thompson faces a maximum sentence of 10 years in prison and a fine of $250,000. U.S. District Judge Alexander Williams, Jr. has scheduled sentencing for October 2, 2013.
United States Attorney Rod J. Rosenstein praised the HHS-OIG Special Investigations Branch for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Hollis R. Weisman, who is prosecuting the case.
According to the indictment, the Smiths also caused more than $1 million, which had been transferred from Platinum One to their bank accounts and to casinos on their behalf, to be falsely recorded in Capitol Contractors’ books and records as corporate expenses paid for subcontractors, and concealed this fact from their tax preparer. As a result, the indictment alleges that their tax preparer prepared corporate tax returns for Capitol Contractors which falsely overstated the company’s expenses, and prepared personal income taxes for the Smiths which falsely understated their taxable income, thereby falsely understating the amount of taxes owed to the IRS.
The defendants face a maximum sentence of five years in prison for the conspiracy; and three years in prison for making and subscribing a false tax return and for aiding and assisting in the preparation of false tax returns. Vernon J. Smith III also faces a maximum of 20 years in prison for each count of wire fraud. No court appearance has been scheduled.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Anthony Wright, age 42, of Bowie, Maryland, pleaded guilty on June 18, 2013, to his role in the scheme and is scheduled to be sentenced on September 30, 2013.
United States Attorney Rod J. Rosenstein praised the SBA Office of Inspector General; Defense Criminal Investigative Service; IRS Criminal Investigation; and the GSA Office of Inspector General for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Gregory R. Bockin and Trial Attorney Kenneth C. Vert of the U.S. Department of Justice Tax Division, who are prosecuting the case.
Edgewater, Maryland Couple Indicted in Scheme to Defraud Sba Disadvantaged Small Business Program and for Filing False Tax ReturnsRead the Press Release
Alleged to Have Fraudulently Obtained Over $50 Million in Government Contracts
Greenbelt, Maryland - A federal grand jury today indicted Vernon J. Smith III, age 61, and his wife, Georgia Smith, age 52, both of Edgewater, Maryland, on charges related to schemes to fraudulently seek federal contracts under a Small Business Administration program to assist socially and economically disadvantaged small businesses; and to file false tax returns.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Small Business Administration Inspector General Peggy E. Gustafson; Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service - Mid-Atlantic Field Office; Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and General Services Administration Inspector General Brian D. Miller.
“The 8(a) Business Development Program offers significant benefits to eligible small businesses and helps small, disadvantaged businesses compete in the marketplace,” said Inspector General Peggy E. Gustafson of the Small Business Administration. “Preferences for federal contract awards must not be given to persons who lie in order to claim eligibility. We appreciate the support of our law enforcement partners to bring this indictment forward.”
“Individuals who intentionally do not report all of the income earned from businesses they own violate U.S. tax law,” said Thomas J Kelly, Special Agent in Charge, IRS Criminal Investigation, Washington DC Field Office. “IRS Criminal Investigation is committed to maintaining the integrity of our tax system and ensuring that everyone pays their fair share of taxes.”
According to the 11 count indictment, in August 1999, Vernon Smith caused Platinum One Contracting, a roofing and construction company, to be incorporated. At the time, Smith also owned less than 50% of Capitol Contractors, another roofing and construction company. Capitol Contractors participated in the SBA’s Section 8(a) program, which provides assistance to socially and economically disadvantaged small businesses, including help in obtaining federal contracts. Smith arranged for Anthony Wright, an African-American who was a former roofer and project manager at Capitol Contractors to own 60% of Platinum One and Smith’s son to own the remaining 40% of the corporation. Vernon Smith received the title of senior vice president and Georgia Smith was in charge of accounting and maintaining Platinum One’s books and records. In March 2002, Capitol Contractors was no longer eligible to participate in the Section 8(a) program and Vernon Smith became the company’s president and sole owner, with his wife, Georgia Smith, in charge of accounting and maintaining the company’s books and records.
The indictment alleges that from August 1999 to June 2013, Vernon J. Smith III and Georgia Smith, conspired to defraud the SBA by concealing that Vernon J. Smith controlled Platinum One’s operations, not Anthony Wright. For example, the indictment alleges that Platinum One’s Section 8(a) application did not reveal that Vernon and Georgia Smith had personally guaranteed bonding, bank loans and lines of credit for Platinum One and that Platinum One paid millions of dollars to the Smiths. According to the indictment, these payments included salary, payments to Capitol Contractors; payments to casinos on behalf of Vernon and Georgia Smith; and personal charges by Vernon and Georgia Smith to Platinum One’s credit cards. Based on the fraudulent application, the SBA approved Platinum One for participation in the Section 8(a) program. The indictment alleges that as a result, Platinum One received more than $50 million in contracts from the federal government under the Section 8(a) program, to which it was not entitled.
According to the indictment, the Smiths also caused more than $1 million, which had been transferred from Platinum One to their bank accounts and to casinos on their behalf, to be falsely recorded in Capitol Contractors’ books and records as corporate expenses paid for subcontractors, and concealed this fact from their tax preparer. As a result, the indictment alleges that their tax preparer prepared corporate tax returns for Capitol Contractors which falsely overstated the company’s expenses, and prepared personal income taxes for the Smiths which falsely understated their taxable income, thereby falsely understating the amount of taxes owed to the IRS.
The defendants face a maximum sentence of five years in prison for the conspiracy; and three years in prison for making and subscribing a false tax return and for aiding and assisting in the preparation of false tax returns. Vernon J. Smith III also faces a maximum of 20 years in prison for each count of wire fraud. No court appearance has been scheduled.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Anthony Wright, age 42, of Bowie, Maryland, pleaded guilty on June 18, 2013, to his role in the scheme and is scheduled to be sentenced on September 30, 2013.
United States Attorney Rod J. Rosenstein praised the SBA Office of Inspector General; Defense Criminal Investigative Service; IRS Criminal Investigation; and the GSA Office of Inspector General for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney Gregory R. Bockin and Trial Attorney Kenneth C. Vert of the U.S. Department of Justice Tax Division, who are prosecuting the case.