GoldenCasino.com’s Payment Processor Targeted in Latest On-Line Gambling Seizures in Maryland

By Van Smith

Published by City Paper, Oct. 28, 2009

As the Maryland-based federal probe of on-line gambling continues, the latest move to show up in court records in Baltimore is the seizure of $365,366.69 from two bank accounts in the name of Atrium Financial Group (AFG). According to the affidavit in the case (below), Delaware-based AFG disburses money to on-line gamblers, including those who try their luck using GoldenCasino.com. City Paper has been unable to reach representatives of AFG and GoldenCasino.com for comment.

The AFG seizure—unlike several others reported recently by City Paper—is supported by an affidavit that was not sealed (see Atrium Financial Group affidavit). The 13-page sworn statement by Immigration and Customs Enforcement (ICE) special agent Augusta Ferenec, who is based in New Orleans, La., provides a peek into the complexities of the investigation. Signed on Sept. 4 by U.S. District Court magistrate judge Beth Gesner, the warrant was filed in the court records on Oct. 22.

According to Ferenec’s affidavit, the investigation leading to the AFG seizures dates to July 14, 2008, when Louisiana State Police (LSP) officers opened an “undercover gambling account” with GoldenCasino.Com, and then later requested a payout. The first check–from a Canadian outfit called Interco Finance Corporation (IFC)–bounced. Eventually, a second check came, this one from AFG. Thus, the investigation established that GoldenCasino.com was using both IFC and AFG as payment processors for its on-line gambling patrons. Ferenec explains in the affidavit that a fourth business–Con-Tex Converters, another Canadian firm–entered the picture as investigators followed the global movement of funds.

For instance, an AFG account with Mercantile Bank received wire transfers between Dec. 2008 and Jan. 2009 amounting to more than $1.5 million. The money came from a Con-Tex bank account in Cyprus and a combined Con-Tex/IFC bank account in Canada. During the same timeframe, Ferenec’s affidavit continues, AFG cut 1,473 checks from that account, at least two of which went to people in Maryland. In Aug. 2009, investigators talked to one of the Maryland recipients, who admitted the proceeds had come from gambling.

In all, Ferenec’s affidavit maps out a total of nearly $6.3 million wired internationally by either Con-Tex or IFC to AFG bank accounts in the U.S. The AFG accounts, which the affidavit says have all been closed by the banks due to suspicions that the money was tied to illegal gambling, were held with Mercantile, Sovereign Bank, Wachovia Bank, National City Bank, and TD Bank North. The international wire transfers from Con-Tex and IFC were the sole sources of funds in the AFG accounts, the affidavit explains.

The two AFG bank accounts targeted for seizure are with Fifth Third Bank and Wilmington Savings Fund Society. The Fifth Third account, from which $124,028.88 was seized, received about $3.3 million in wire transfers from Con-Tex and IFC between Dec. 2008 and June 2009, the affidavit explains. Nearly 4,000 checks were cut from the account, totaling about $3.1 million disbursed to people in the U.S. During July and Aug. 2009, 35 of those checks were issued to Marylanders. The amount of money entering AFG’s Wilmington Savings account is not specified in the affidavit, which explains that about 575 checks were cut from the account, one of which was mailed to a Texan who “confirmed to the bank that the check was proceeds of online gambling.”

Ferenec’s affidavit says it’s likely that money will continue to enter the targeted accounts “for a period of time” after the warrants are executed, because those involved “will be unable to promptly stop the flow of funds or inform all of their contacts of this investigation.” Thus, Ferenec requests that the warrant order the banks to allow the deposits to continue, but not any attempted debits, and that “ICE be allowed to periodically remove such funds” during a 21-day period after the warrants are executed.

The Ghost Hand: Maryland Law Enforcers Aim to Take the Pot by Secretly Sitting at the Online Gambling Table

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By Van Smith

Published by City Paper, March 24, 2010

On Dec. 21, 2006, someone in Maryland opened an account with bodog.com, an online gaming site whose customers bet on sports and horse-racing and play poker and casino games on their computers. The same day, that same someone placed two online bets on football games with Bodog. Over the course of 2007, after more wagering, the online gambler requested and received two payout checks from Bodog: one for $1,500 and another for $700.

Mundane as they may seem, the Maryland gambler’s wagers and payouts have had major repercussions in the online-gambling world. That’s because, starting in 2008, the details of that person’s online betting activities were included in meticulous affidavits supporting warrants to seize the contents of bank accounts said to be tied to illegal gambling. The Maryland gambler was actually a special agent working undercover for the U.S. Internal Revenue Service (IRS) Criminal Investigation Division.

Under U.S. law, facilitating transactions tied to online gambling is illegal. Yet, due to the immense popularity among Americans of wagering over the internet, the overseas companies that provide this kind of entertainment continue to seek ways to do business with U.S. customers. In order to pay out winnings to gamblers in this country, they have to hire U.S. companies willing to operate as payment processors–middle-men who take foreign casino companies’ money and disburse it to players when they want to cash out their online gambling accounts. These payment processors are taking a risk that U.S. law enforcement will detect the transactions and seize the money while it’s sitting in the payment processors’ accounts–which is exactly what federal investigators in Maryland, and elsewhere, have been doing–but due to the lucrative nature of the business, both the payment processors and the online-casino companies have been willing to take that gamble.

In the post-Sept. 11 world, the U.S. government has developed a heightened interest in augmenting its ability to track the ways and means of global money-moving. Though the motivation is to protect the world from terrorists by interrupting their finances, this trend also means that financial crimes of all kinds–including the movement of online gambling money into the United States–face a greater risk of detection. In the world of internet wagering, whenever money is sitting in a U.S. bank account, it is exposed to possible seizure by the authorities. And, as investigators’ successes mount, it’s clear they are getting better at it.

IRS criminal investigators in Maryland “opened a formal investigation of Bodog in 2006,” court records state, after having “conducted interviews regarding Bodog.com, Calvin Ayre, and Bodog’s operations in approximately 2003.” Ayre, a Canadian who’s been living in exile for several years now, is the founder of Bodog, which is based in Antigua and has operations in Costa Rica.

Bodog, a 15-year-old company which claims to be the world’s pre-eminent online gambling site and whose operations span the globe, is not the first to be targeted by American law enforcement’s crackdown on internet gambling. That honor goes to Jay Cohen, who in 1998 was indicted in New York along with numerous other defendants for violating the federal Wire Wager Act in running the Antigua-based World Sports Exchange. Cohen fought the charges, saying federal laws prohibiting wire transfers of gambling proceeds do not apply to the internet. He lost and was sentenced to 21 months in prison. Since then, the feds have continued to focus on an industry that, in effect, presents opportunities for people to gamble anywhere and anytime, despite the laws of any particular country or state.

“If you’re in Antigua running a casino, that’s fine,” says Maryland U.S. Attorney Rod Rosenstein. “But if you’re actually operating a casino in someone’s bedroom in Montgomery County over the internet, that’s illegal.” Thus, any proceeds that can be traced to gambling activity that takes place in Maryland–whether it’s actual betting over the internet, or just the arrival of checks in the mailboxes of Maryland gamblers cashing out their online-gambling accounts–could end up seized by Maryland authorities.

Since early 2008, according to federal court records, the ongoing federal investigation of online gambling based in Maryland–which, in addition to the IRS, also involves members of a Department of Homeland Security Immigration and Customs and Enforcement (ICE) task force–has brought at least $29,206,594.62 in alleged gambling proceeds into federal coffers. The latest warrant in the investigation was signed by U.S. magistrate judge Paul Grimm in early February, and it targeted the contents of a Mercantile Bank account in Tampa, Fla. The account, held in the name of a company called Direct Channel LLC, yielded $860,335.90 on March 5. Direct Channel, like the other companies included in the Maryland internet-gambling seizures, allegedly provided payment-processing services in the U.S. for gambling web sites based in other countries. Though the Maryland investigation initially appeared to focus on payment processors for Bodog, such as Direct Channel, it has since broadened to include funds held by companies serving another gambling site, goldencasino.com, which is also based in Antigua.

Any U.S. bank account used by a payment processor working with online casinos could be targeted by investigators, potentially wiping out millions of dollars when a seizure warrant arrives at the bank. But due to the magnitude of online gambling in the United States–half of the $16 billion per year that internet gambling is estimated to generate is believed to originate in the United States–the risk may be worth it. Though federal investigators in Maryland and elsewhere, including New York, Missouri, and Florida, go for the money, there’s so much in play at any given moment that what they seize is only a small portion of money flow.

So far, after several years of effort, Maryland law enforcers have seized nearly $30 million in suspected online-gambling proceeds. That’s equal to less than one half of one percent of the $8 billion that U.S. online gamblers are estimated to spend each year. But it’s a start. And as the effort builds and grows more sophisticated and nimble with experience, the potential is as vast as the American online-gambling economy itself.

“There are very big numbers in internet gambling,” say Rosenstein, acknowledging the sizeable cut the government could get through seizing and forfeiting assets, which are funneled into law-enforcement budgets to support the efforts of the agencies that seized them. Asked if seizures, in the long run, could undermine gambling web sites’ ability to pay out to U.S. customers, he says: “That’s a possibility, and it’s certainly a risk for customers. And it’s a pretty effective deterrent, since customers have no remedy if the gambling operator fails to pay. They won’t be able to go into court and enforce that. It’s an illegal contract.”

Seizing and forfeiting criminally derived assets, including those from online gambling, has been made a priority by Rosenstein’s office. Last year, he hired the nation’s top asset-forfeiture prosecutor–Stefan Cassella, who literally wrote the book on the subject, a 950-page tome entitled Asset Forfeiture Law in the United States–to lead the effort. Among Cassella’s achievements is the largest forfeiture in U.S. history: $1.2 billion from the Bank of Credit and Commerce International in the 1990s. Given the size of the online-gambling industry’s assets, Cassella may have an opportunity to break his own record while working in Maryland.

Law-enforcement efforts to interrupt internet-gambling money flowing in and out of the United States were ramped up after the 2006 passage of the Unlawful Internet Gambling Enforcement Act (UIGEA), which was signed by President George W. Bush in October that year. Before that law was passed, the federal Wire Act, which dates back to 1961, already prohibited the transfer of gambling proceeds via wire communications. That law had been used to go after internet gambling prior to the UIGEA’s passage. But unlike the Wire Act, the UIGEA specifically outlaws internet-gambling transactions and requires financial operators, such as banks and payment processors, to determine which transactions are tied to online gambling and report them to regulators.

The banking industry, concerned that UIGEA requirements would be difficult to enforce and would force bankers to become anti-gambling police, persuaded the Obama administration to postpone the law, scheduled for implementation in December 2009, for six months. U.S. Rep. Barney Frank (D-Mass.), meanwhile, is currently trying to usher through legislation that would repeal the UIGEA and instead set up a regulate-and-tax scheme for the industry, arguing that online gambling is a liberty–and a potentially large source of public revenues–that the government should not prohibit.

But Rosenstein contends that going after the illegal profits gained from the U.S. market for internet gambling is a matter of fairness. “What Americans find particularly galling,” he says, “is when something is criminalized, honest people don’t engage in the activity, but criminals do, so they get excess profits because their only competition is from other criminals.”

Those seeking to legitimize aspects of online gambling, though, have other thoughts on the matter. Last year, in trying to persuade a federal judge to release funds seized from a payment processor allegedly tied to online gambling, lawyers for the Poker Players Alliance (PPA), a Washington, D.C.-based interest group, argued that online poker is a game of skill, not of chance, and thus is not illegal gambling. They also contended that the UIGEA establishes criminal culpability for “persons who operate illegal gambling sites, rather than those who process payment transactions,” and that restricted transactions under the UIGEA do not include funds going to a gambler because a gambler is “not engaged in the business of betting or wagering.”

The lawyers for the PPA (whose motto is “Poker is not a crime: Join the fight.”) did not prevail. But their efforts–and the well-heeled existence of the PPA, which has its own lobbying arm, PokerPAC, and whose board is chaired by former U.S. Senator Alfonse D’Amato (R-New York)–indicates that powerful forces in American society don’t like the online-gambling crackdown. Recent public-opinion polling, though, indicates the prohibition of online gambling is popular; two-thirds of those responding to a Fairleigh Dickinson University poll released on March 11 say they do not favor legalizing it.

Though online gambling is legal in many parts of the globe, enjoyed by many Americans, and accepted in many cultures–to the point that online-gambling companies’ stocks often are publicly traded in other nations–its continued prohibition in the United States may be explained by the longtime association of the gambling industry with unseemly characters making obscene profits.

Recent cases against internet gambling operations, for instance, give a sense of the profit potential the business presents and sometimes allege organized-crime ties. In New York in October 2009, the operators of Panama-based betonline.com were charged with illegal online gambling; authorities claimed the group made $587 million in 28 months and was linked to the Gambino and Genovese crime families. In a 2006 Missouri case against the longtime gambling figures who ran Costa Rica-based betonsports.com, the indictment states that the company’s promotional materials boasted “100,000 active players, who placed 33 million wagers, worth over $1.6 billion” in 2003, before the company went public on the London stock exchange. In February, Missouri authorities indicted the operators of Costa Rica-based Elite Sports, which ran the web sites best24b.com and best24b.net, and among the defendants were members of the Kansas City’s storied Cammisano crime family.

In addition, federal authorities in New York have charged two men–Anurag Dikshit in 2008 (Dikshit NY info) and Douglas Rennick in 2009 (Rennick indictment)–with illegally running online-gambling ventures. Dikshit, who was born in India and is one of the youngest billionaires in the world thanks to the success of his online-gambling business, is co-founder of the Gibraltar company that operated partypoker.com; charges against him include the forfeiture of $300 million in gambling revenues. Rennick, a Canadian, ran a series of payment-processing companies that allegedly served the internet-gambling industry, and the government is seeking to forfeit more than a half billion dollars of the proceeds from his financial dealings.

Another alleged payment processor was charged in Florida in February, when a bank alerted federal authorities that customers were trying to cash large checks they said were the payouts from online-gambling winnings. Michael Olaf Schuett, a German man living in Naples, Fla., had set up hundreds of companies and had dozens of bank accounts that were allegedly used to operate the scheme since 2007. The complaint against him (Schuett FL complaint) says that he transferred online-gambling payments to about 23,000 people, mostly in the United States, and that the total amount of money involved was $70 million.

In what may have been the first federal gambling case involving the internet in Maryland, IRS investigators and Montgomery County police teamed up to bust a ring that, in 2003 and 2004, handled action from Maryland customers on behalf of a Dominican company called World Wide Wagering, which runs the web site wager.dm. The conspiracy case, which ended with the convictions of seven men from Montgomery County, Baltimore, and Florida, followed the money flow to and from bettors and the defendants. The case included the cashing of more than $150,000 worth of checks at University Liquors in Hyattsville.

Just as IRS agents in Maryland were cracking the World Wide Wagering case, they started looking into Bodog. But it wasn’t until December 2006, shortly after the UIGEA was signed into law by then-President George W. Bush, that the Bodog investigation got serious–it began with an investigator logging onto the web site, posing as a customer, and starting to gamble.

Once the investigator started receiving payout checks in 2007, the money trail could be tracked. In the meantime, the investigation gained a cooperating witness from inside the internet-gambling industry, who corroborated facts about Bodog’s operations, including the contention that “Bodog takes in from $250,000 to millions per day on sports bookmaking alone,” court records show. An informant also helped out by corroborating facts based on experience using Bodog’s site to gamble in Florida. The informant was able to explain the betting process to investigators; additional information was gleaned from investigators working online-gambling probes in other jurisdictions.

By 2008, sufficient cause had been established by Maryland IRS investigators to seize funds from the bank accounts of three payment-processing companies suspected of handling funds for Bodog: JBL Services and Transactions Solutions in Georgia (JBL forfeiture), and a California company called ZAFTIG Instantly Processed Payments Corp., operating as ZipPayments.com.

On Jan. 18, 2008, U.S. District Court magistrate judge Beth Gesner signed a search-and-seizure warrant application for bank accounts in the name of JBL Services and Transactions Solutions; $14,200,195.73 was seized. On June 28, 2008, U.S. District Court magistrate judge Susan Gauvey signed another warrant application for ZipPayments.com bank accounts, which yielded another $9,869,283.05. By July 2008, the U.S. Attorney’s Office in Maryland had filed forfeiture actions against both pots of money. The legal actions were based on lengthy affidavits written by IRS criminal investigator Randall Carrow.

In September 2008, the case against ZipPayments.com’s money suddenly heated up. A claim for nearly $10 million was filed by ZipPayments.com and Edward Courdy, a California man who sought to have the money returned, saying it was lawfully his. Within days of filing his claim, Courdy was charged with money laundering, as was Michael Garone, a Georgia man connected to JBL Services and Transaction Solutions (“Bodog Internet Gambling Investigation Leads to Money-Laundering Charges,” Mobtown Beat, Oct. 30, 2008). In February 2009, as a result of a forfeiture settlement negotiated by Courdy’s attorney, Stanley Greenberg, and assistant U.S. attorney Richard Kay, the government returned $200,000 of the ZipPayments.com money to Courdy, and kept the rest.

Today, the status of the criminal cases against Courdy and Garone is unclear. Some time in the fall of 2009, a little over a year after they were filed, the online records of the cases against them disappeared from the federal court-records database system, known as Public Access to Court Electronic Records (PACER). Since Maryland’s federal courts handle only electronically filed documents, PACER is the only repository of its records. The disappearance from PACER of Maryland criminal case numbers 08-454 (against Courdy) and 08-455 (against Garone), creates the illusion that they were never filed at all–though City Paper still has copies of the documents charging them, which bear Rosenstein’s signature. Despite City Paper‘s requests for explanation, the U.S. Attorney’s Office in Maryland has remained mum about what happened.

Courdy’s lawyer, Greenberg, has consistently declined City Paper‘s request for comment about his client’s troubles in Maryland. Efforts to contact Garone, and to identify his lawyer in the Maryland case, have been unsuccessful.

After the money seizures and criminal charges involving Courdy and Garone were filed, the online gambling investigation in Maryland appears to have shifted from the IRS to Immigration and Customs Enforcement–and the level of secrecy surrounding the investigation increased. Though numerous search-and-seizure warrants have been filed for the contents of bank accounts and an e-mail account associated with payment processors since last summer, nearly all of them were granted under seal, so probable cause for the seizures has not been revealed to the public.

Despite the secret nature of many of the seizure filings, certain information about them is available. Three ICE task force members in Maryland–Maryland State Police trooper Robert J. Mignona, ICE special agent M. Lisa Ward, and Anne Arundel County Police detective Richard S. Gunn–and one ICE special agent in Louisiana, Augusta B. Ferenec, filed the warrant applications. The companies whose bank accounts have been seized–HMD, Forshay Enterprises , and Electracash in California; Atrium Financial Group (AFG) in Delaware; and Direct Channel in Florida–are in the payment-processing business. The amounts seized so far from these companies’ bank accounts add up to $5,137,115.84. And, in the case of Electracash–a business that has past associations with Courdy–warrants have been issued not only to seize the contents of bank accounts, but of an e-mail account the company has with Intermedia, a New York City communications company. (The Electracash e-mail warrant, unlike the bank-account seizures, so far has yielded nothing, court records show.)

One of the unsealed search-warrant affidavits–the one filed early this year against Direct Channel’s bank account in Florida–was written by Ward, but draws directly from the IRS affidavit in the Courdy and Garone seizures, and thus sheds no new light on the investigation’s details. The other unsealed warrant, against Atrium Financial Group and written by Ferenec, shows that ICE’s financial-investigations group in New Orleans, La., along with the Louisiana State Police, are in on the Maryland probe (“GoldenCasino.com’s Payment Processor Targeted in Latest OnLine Gambling Seizures in Maryland,” The News Hole, Oct. 28, 2009).

The Louisiana end of the Maryland investigation began on July 14, 2008, when Louisiana State Police officers opened a gambling account with goldencasino.com. They did not immediately succeed, because the bank they were using to deposit $100 into the gambling account apparently blocked the transaction. On the second try, though, they succeeded. They then requested a payout.

The first payout check bounced, but the second one, from AFG, cleared, and the investigators, using information they gleaned from their transactions, used their investigative powers to start on up the money trail. They discovered funds moving between Canadian companies’ bank accounts in Canada and Cyprus and on to AFG bank accounts in the United States, which then issued checks to U.S. residents, including in Maryland. The transactions they tracked involved millions of dollars zipping across the globe.

“Because of enhanced monitoring of financial transactions since Sept. 11, we have a much better handle on the movement of funds,” Rosenstein says about the ability of investigators to dig into the online-gambling industry. In fact, the affidavits of investigators Carrow and Ferenec indicate that initiating a successful seizure of funds from payment processors doesn’t require particularly sophisticated investigative techniques. The trick, it seems, is trying to pinpoint where the money will be at any given moment, hoping to gain court orders to freeze it, and seize it before it shifts yet again.

Rosenstein points out another challenge investigators face in trying to seize online gambling funds: While it’s relatively easy to go after funds in U.S. accounts, going after offshore accounts–where the big money is, since that’s where the online gaming companies operate–is tricky.

“It’s similar to the challenges we face with child pornography, which is often stored overseas and transported to the United States over the internet,” Rosenstein says. “The degree of international cooperation with regard to child pornography is far greater than with offshore gambling, though. But we can readily intercept the money flowing through financial institutions that we have jurisdiction over.”

Rosenstein says online gambling can be prosecuted anywhere that customers are located, and that the public should expect to see more enforcement efforts taking place in more jurisdictions. He says that criminal activity is increasingly becoming more internet-based, and that investigative agencies are becoming more focused on financial crimes. They’re also becoming more sophisticated when it comes to following the money.

“Anything that illegally generates large amounts of money is a concern on many levels,” Rosenstein says. “People engaged in such conduct may be committing other crimes. They may not be paying taxes, and they may be investing in other illegal activities.”

Hysteria: In Maryland and Across the Country, the Federal Designer-Drug Crackdown Takes Prisoners, Cash, and a Legal Backlash

By Van Smith

Published in City Paper, Oct. 13, 2013

Photo: commons.wikimedia.org

Dev Bahadur Hamal worked behind the counter of the Tobacco Stop in Bel Air, one of those ubiquitous shops that sell legal smokables and accessories for illegal ones, like bongs, hookahs, rolling papers, pot grinders, and glass pipes.

On Sept. 22, 2011, a customer stepped up to the counter and asked whether the Tobacco Stop sold “Hysteria.” Hamal nodded and sold him a 1-gram packet of the stuff, labeled “potpourri” that is “not for human consumption,” for $21.20. The customer held his hand to his mouth while pinching together his thumb and index finger, and asked if “you smoke this stuff.” Hamal said, “Yes.” Pointing out that his pipe wasn’t working properly, the customer asked for rolling papers, and Hamal said the stuff was “very strong,” urging caution if smoking it that way.

Hamal’s helpfulness has been memorialized in numerous federal court documents in the years since, causing no end of trouble.

The customer, it turned out, was an undercover officer working for the U.S. Drug Enforcement Administration (DEA). Hysteria, subsequent testing confirmed, was a kind of illegal designer drug popularly known as “K2” or “Spice,” said to mimic the effects of pot. Hamal had unwittingly spawned a cross-country probe into an alleged illegal Spice supply line to Maryland from California.

Now, though, after the headlines about the arrests, seizures, and successful prosecutions resulting from Operation Log Jam and Project Synergy, one thing should be abundantly clear: It’s a risky proposition to sell anything exotic that’s construed as a legal high.

 

Nine months after Hamal’s Hysteria sale to the undercover officer and nearly 2,700 miles away, on June 12, 2012, Ratchanee McAuley was at M&C Wholesale. The business occupied three suites in a one-story, block-long commercial building in Laguna Niguel, Calif., in Orange County, south of Los Angeles. Around noon, the 40-year-old from Arizona and four others unloaded a Rapid Express truck delivering packages to M&C. Then McAuley took her small white dog for a walk.

As the day wore on, pallets of white canvas bags about the size of sandbags were moved around M&C’s suites, and more deliveries arrived, including boxes filled with black foil packaging. The business made and received lots of deliveries – its FedEx bill for a four-month period that year was over $100,000. Just after 6 p.m., McAuley put her dog in a silver Land Rover, drove to a house in nearby San Juan Capistrano, checked the mail, and walked toward the front door.

These glimpses of McAuley and M&C come courtesy of David Metzler, a Howard County cop assigned as a task-force officer to DEA’s Tactical Diversion Squad 59. He went to Laguna Niguel and observed them himself, then meticulously described what he saw in numerous sworn court documents. He also swore out the details of Hamal’s Hysteria sale-and much more, involving others at M&C and at another Baltimore smoke shop, the Dragon’s Den on Fleet Street in Fells Point.

At the Dragon’s Den in the fall and winter of 2011, Carlo D’Addario of Timonium had sold bath salts to people from Virginia, and federal authorities there indicted him for it in early 2012. D’Addario’s co-defendant, Holly Renae Sprouse of Craigsville, Va., near Shenandoah National Park, helped build evidence against him, and both would later plead guilty and receive relatively short sentences-a year in prison for D’Addario, and 20 months for Sprouse.

Shortly after D’Addario’s indictment, under the supervision of Metzler’s crew, orders for Spice were placed from the Dragon’s Den to M&C, where the Tobacco Stop had gotten its Hysteria.

By June 2012, after serving search warrants for email accounts and making the controlled buys orchestrated at the Dragon’s Den, Metzler’s team had good reason to suspect M&C supplied Spice products, branded with names such as “Hysteria,” “Brain Freeze,” “Dr. Feelgood,” and “Black Sabbath,” to the Tobacco Stop, the Dragon’s Den, and other such shops in Indiana, Kentucky, and New York.

On July 25, 2012, M&C Wholesale was raided and its bank accounts emptied. The next day, the DEA announced Operation Log Jam, explaining in its press release that the AEA “allows these drugs to be treated as controlled substances if they are proven to be chemically and/or pharmacologically similar to a Schedule I or Schedule II controlled substance,” including anything from pot and heroin to prescription painkillers and methadone.

The raid on M&C turned up several thousand pounds of suspected Spice, several kilograms of suspected analogue chemicals used in making Spice, and several thousand packets of Hysteria, Brain Freeze, and other brands of Spice.

Metzler had good cause to suspect they’d find such a haul. On July 17, about a week before the raid, he’d spoken with a courier who’d made deliveries at M&C and described seeing “8-10 individuals seated around a table handling piles of a green herb-like substance”-“no other sort of activity seemed to be ongoing.”

These observations, Metzler wrote in court records, “are entirely consistent [with] M&C Wholesale being exclusively devoted to the manufacture and distribution of analogue substances.”

No federal criminal charges have yet been filed publicly against anyone involved with M&C’s operation. Nor have charges been filed against Hamal or the Tobacco Stop’s owner, Kyu Tae Yi.

Others have not been so fortunate.

 

In September, federal prosecutors in Maryland moved to keep $105,574 seized from Bruce Lloyd Bradburn and his business, the Dundalk smoke shop Up in Flamez, in part because “large quantities of synthetic marijuana” were found in the store and in Bradburn’s nearby home. As a result of the probe, Bradburn is currently scheduled for a December trial on narcotics and gun charges in Baltimore County Circuit Court.

Earlier, in August, federal prosecutors filed suit to keep $259,988.61 seized in a synthetic-drug investigation of three Puff & Stuff smoke shops in the Cumberland area of Western Maryland. Puff & Stuff’s owners, Traci Lynn and Charles Casey, have filed claims in the matter, asserting “a legitimate and lawful interest” in the cash, which they say they “earned, saved, and acquired through lawful employment and enterprises.” But the probe prompted drug-conspiracy indictments against the Caseys in Allegany Circuit Court, and both are scheduled for separate trials later this year.

Also this year, three men – Nathaniel Petit, Andrew Burger, and Joshua Sylvia – were charged and pleaded guilty in a conspiracy to distribute methylone shipped here from China. Methylone is used to make bath salts, and though banned temporarily under the DEA in 2011, it was only in April of this year that methylone was listed as a drug banned by the CSA. Shortly thereafter, Petit, Burger, and Sylvia were charged in Maryland federal court, though they were caught in June 2012 and initially charged in state court. They are scheduled to be sentenced later this year.

These new Maryland cases show how effectively synthetic-drug laws can be enforced to punish accused Maryland criminals and to try to take their ill-gotten gains. Sprouse’s lawyer, Fred Heblich, a veteran federal public defender in Virginia and a lecturer at the University of Virginia School of Law, says criminal cases involving analogues are hard for defendants to beat.

“The way that the statute is written is very broad,” Heblich says, “so that the legal definition of an analogue is not specifically the same as the scientific definition.” This means cases are “easy to prosecute because the courts don’t require scientific accuracy.” So, in a typical case in which a prosecutor is trying to prove a chemical is an analogue of a banned substance, the prosecutor simply calls to the stand a “DEA chemist who testifies they’re similar,” Heblich explains, “and then brings in a user, who says it’s similar – ‘I’ve used that stuff and it’s a lot like meth.'”

Heblich says Spice cases are “a little different animal than the bath salts-like pot and meth are different.” Law enforcers might find “Spice is less worthwhile to pursue because it doesn’t have the cachet of bath salts – there are no stories of people eating people on Spice,” Heblich says, referring to a story last year in Miami that went viral with the false information that a man who attacked another man by chewing his face was on bath salts. And bath salts, more than Spice, pose a greater law-enforcement problem, he adds, because “there are hundreds of them, and you could create thousands of analogues of this stuff.”

In bringing analogue cases to criminal court, though, the defendant is at a distinct disadvantage, Heblich says, because “the judges let the government put in whatever evidence they want, and the jury is going to convict.”

When asked about probes that have resulted not in criminal charges but in asset-forfeiture cases, Heblich says law enforcers “will go after you if you have money – that’s all they care about now.”

 

Analogue cases that go after alleged manufacturers’ assets have shown some potential to reveal the AEA’s frailties – such as the forfeiture case against M&C, filed in November 2012, which seeks to keep the $2.2 million seized from the company’s bank accounts, along with 34 money orders and 102 checks made out to the company. Like other Operation Log Jam forfeiture cases elsewhere, this one has not been easily concluded.

This summer, after Maryland Assistant U.S. Attorney Evan Shea filed an amended complaint in the case with U.S. District Judge Ellen Hollander, M&C’s attorneys, Randall Skeen and William Feldman, moved to dismiss it. They argued that the government failed to establish a fundamental common-law principle: mens rea, which is Latin for “guilty mind.” No evidence, they claimed, had been produced to show that M&C and its operators “actually knew that the substances at issue were unlawful.”

The reason the government hadn’t shown this, the lawyers continued, is that the AEA is so “unconstitutionally vague” that “a person of ordinary intelligence would have no way to reasonably learn that these substances are unlawful and thus have an opportunity to conform their conduct to the requirements of law.”

Shea swatted down these arguments in a brief filed in August, citing abundant precedent that the AEA-even when applied to recently banned substances and their analogues-consistently has been ruled not unconstitutionally vague.

Then M&C attorneys’ reply cut to the core of the matter: money. Any proceeds derived from M&C’s sale of Spice before March 1, 2011, the date the compounds involved were temporarily banned by the DEA, should not be forfeitable, they argued, nor should any proceeds that haven’t been shown to be connected to sales of banned substances. This, they claim, comes to $1,829,784.50 plus interest “based upon the government’s improper seizure.”

While M&C’s motion to dismiss the Maryland forfeiture is awaiting a ruling by Hollander – and while a related suit M&C filed in Utah, where some of its money was seized, has been put on hold pending Hollander’s decision – in Florida, a whale of an Operation Log Jam forfeiture fight is underway.

In Operation Log Jam’s Tampa-area takedown, over $18 million, a handful of homes, and a brand-new Infiniti belonging to Timothy Hummel and his family were seized. Hummel, his family, and his colleagues in an alleged Spice-manufacturing operation have not been charged criminally, and they want their property back – but the government has moved to keep it. In working to have the case thrown out of court, Hummel’s lawyers, James Felman and Katherine Yanes, have tossed around some weighty rhetoric and strong claims.

Calling the Hummel forfeiture and Operation Log Jam “the latest installment of the modern American assault on the bedrock principle of mens rea” and “the first instance in the history of the Republic in which the government has sought to seize assets – and potentially imprison its citizens – based on conduct that it literally would not have been possible for the citizenry to know was unlawful,” the lawyers argued that, in Hummel’s case, the government is doing this based on “a single man-a chemist employed by the DEA named Terrance Boos.”

Boos, according to court records, testified in February at another federal proceeding in Wisconsin, offering his scientific opinion that two compounds-XLR11 and UR-144-are banned analogues under the AEA’s standards, and that he was not aware of anyone at DEA who disagreed with that conclusion.

But Hummel later obtained government documents showing that wasn’t the case-that, in fact, as Hummel’s lawyers put it, “an entire Section of the DEA disagreed not only with Dr. Boos’ conclusion that UR-144 is an unlawful analogue, but also with his authority to reach such a conclusion on behalf of the agency.”

Thus, Hummel has unearthed dissent within DEA over whether certain substances do, in fact, meet the AEA’s “substantially similar” standard.

The Wisconsin case Boos testified in was heard by veteran U.S. District Judge Rudolph Randa, a Vietnam War veteran who was appointed by President George H.W. Bush and served until 2009 as the chief judge of the state’s eastern district. It involved $100,000 worth of “herbal incense” that was seized in September 2012 from The Smoke Shop in Delavan, Wis., by law enforcers who wanted to test it for illegal analogues. When they wouldn’t give it back, the owner sued for its return.

After late-winter hearings and briefings, Randa noted that “the overwhelming weight of opinion in the scientific community” is that the substances found in the incense, UR-144 and XLR-11, “are not substantially similar to the chemical structure” of an already-banned substance, JWH-018, and therefore could not be ruled analogues.

On May 16, though, in the midst of the litigation, DEA put UR-144 and XLR-11 on the list of temporarily banned analogues.

Less than a week later, on May 21, Randa concluded in an order that, given DEA’s new ban, he had no choice but to dismiss the Smoke Shop’s suit. In doing so, though, he leveled some blunt criticism of the way this complicated law is being enforced.

“Under this scenario,” Randa wrote, “it seems unfair for a federal agency to seize the property of a small business owner and then keep it until it is declared illegal.”

There you have it: a federal judge saying what defense attorneys have been arguing, so far without success – that law enforcers’ approach to leveraging the AEA’s significant powers in expanding the menu of banned analogues, in one instance at least, “seems unfair.”

MDPV

Attorneys attacking the AEA often turn to a memorable critique penned in 2008, well before the recent spate of analogue bans: the act’s definition of an analogue is an “unholy union of legalese and chemistry jargon [that] is probably enough to bewilder even the most studious individuals,” Gregory Kau concluded in “Flashback to the Federal Analog Act of 1986: Mixing Rules and Standards in the Cauldron,” an article in the University of Pennsylvania Law Review.

Still, arguing that the AEA is so vague that people can’t reasonably be expected to know whether or not they are breaking it has not been received well by courts. Over and over again, the argument has been rejected.

A high-profile Operation Log Jam defendant in Arizona, Michael “Rocky” Lane, for instance, got nowhere in pre-trial motions on this question and ended up convicted by a jury this summer. Afterwards, in September, his attorney asked for a new trial-again, in part, based on claims the AEA is unconstitutionally vague. As the prosecutor’s response makes clear, the argument is not likely to win-but the attorney, Bruce Feder, scored rhetorical points in trying.

In addition to quoting Kau’s “unholy union” commentary, Feder reached back in time to invoke the words of Supreme Court Justice Oliver Wendell Holmes Jr. in a 1931 opinion. “Although it is not likely that a criminal will carefully consider the text of the law before he murders or steals,” Holmes wrote, “it is reasonable that a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed. To make the warning fair, so far as possible the line should be clear.”

Sometimes, the line may not be sufficiently clear even to the law enforcers themselves. In one 2011 case in Maryland, for instance, a designer-drug prosecution was abandoned until a judge officially dismissed the charges – and the defendant proceeded to successfully sue for the return of property seized in the probe. This rare instance, perhaps, is more telling of the vagaries of the designer-drug crackdown than any protests of those targeted.

The man’s name is Mohd Abujamous, and his saga began on May 3, 2011, when a suspicious box containing five packages of an off-white powder arrived from China at a Howard County UPS store. Investigators, thanks to information from the people who arranged to have the package picked up, quickly got a search warrant to raid a warehouse in New Market, near Frederick. They found it operated “as a manufacturer, packager, and distributor of various designer drug products including bath salts and Spice,” according to court documents, and determined Abujamous ran it.

The warehouse was filled with incriminating evidence, including barrels and boxes of chemicals used in Spice and barrels of powder, an envelope in one of them labeled MDPV, which is used to make bath salts, along with lots of substance-filled packets labeled “not for human consumption.”

On May 27, 2011, Abujamous was charged with manufacturing and possessing with intent to distribute chemicals used in Spice, JWH-018, and JWH-073, which the DEA had temporarily banned under the AEA on March 1, 2011. The case languished for months, and Abujamous’ attorney, Richard Karceski, asked for it to be dismissed, pointing out that the “Government has done nothing, to include refusing to respond to defense counsel’s calls and e-mails.”

In November 2011, Abujamous instead was indicted for a different crime-introducing misbranded drugs into commerce-and shortly thereafter the Spice charges were dismissed by the prosecutor, Philip Jackson. The misbranding indictment was based on the “not for human consumption” Spice labeling and the fact that the bath salts packages did not say they contained MDPV.

Nearly a year passed after the indictment without any activity by the government. So in October 2012, Karceski moved to dismiss the indictment, pointing out that Abujamous’ right to a speedy trial was being violated. Jackson never responded, so, in late November, U.S. District Judge Catherine Blake ordered the indictment dismissed.

Abujamous was off the hook, after about 18 months of prosecutorial silence and inactivity. But his property taken during the raid-about $36,000 of industrial equipment, including a truck, cement mixers, and some packaging machines-was being kept by the government, and he wanted it back. Not getting any response to his requests, he ended up suing-and winning.

Judge Blake ordered the government to return Abujamous’ seized equipment in June. In doing so, she also denied attempts by Assistant U.S. Attorney Stefan Cassella, an expert on asset-forfeiture law, to have the case dismissed or put on hold – which, in the latter instance, was filed under seal, so Cassella’s arguments remained shrouded from public view.

Neither Karceski nor the U.S. Attorneys’ Office will provide insights as to what went on with this case. However, an August 2011 letter from Karceski to Jackson, included in case documents, sheds some light on the circumstances.

“My client has always said that he was never in violation of any federal law regarding the compounds with which he is charged,” Karceski wrote. “I request that you provide me with a detailed chemical analysis conducted by the forensic division of the DEA. A fair evaluation will show that the banned chemicals were not contained in the product seized, nor were they seized in bulk from my client.”

Apparently, there was some confusion over the law.

Jewelry Dealer Boasted of Drug-Dealer Ties

By Van Smith

Published in City Paper, June 4, 2014

Today, Eugene Petasky is a humbled man, serving a 41-month prison sentence at West Virginia’s Morgantown Federal Correctional Institution after pleading guilty in U.S. District Court in Baltimore last fall to laundering drug money through his jewelry business, Metro Brokers, for nearly a quarter of a century. But on Nov. 8, 2006, when still a free man, Petasky spoke with apparent pride of his drug-world connections, sharing the details with an undercover cooperator in a sting operation that resulted in his indictment weeks later.

The account of Petasky’s litany of drug-world ties is contained in documents included in a civil forfeiture case, entered into the federal court record on April 7, in which the government is seeking to keep two firearms and ammunition seized from Metro Brokers during a November 2006 raid. To back up its forfeiture pleading, the government included a search-warrant affidavit written by Sharnell N. Thomas, a special agent with the U.S. Internal Revenue Service’s Criminal Investigation Division. The affidavit includes a paragraph describing Petasky’s conversation with the cooperator.

“Petasky discussed being associated with several drug traffickers,” Thomas wrote, including “Darryl Henderson, also known as ‘Bam,’ [who] would kill anyone that hurt Petasky.”

Thomas wrote that Petasky stated that he “paid Bam’s legal fees” and that “Bam was an associate of Greg Parker, a well known drug trafficker” in Baltimore. According to the affadavit, he also discussed another “well known” Baltimore drug dealer named “Ya Ya Brockington” and recalled selling “a large chain with a pool table encrusted with diamonds and rubies” to “an individual named ‘Wimpy,'” and “discussed the possibility that Wimpy was killed by another well known drug trafficker . . . Rudy Williams.”

While Thomas’ affidavit describes several of the drug-world figures cited by Petasky as “well known,” only one—Rudy Williams —may qualify as truly famous. The savage criminal career of Linwood “Rudy” Williams was the subject of a lengthy 1992 article in the Baltimore Sun by David Simon, who compared Williams to William Shakespeare’s dramatic and bloody portrayal of King Richard III. Simon’s piece includes an account of “Curtis ‘Wimpy’ Manns, who took Williams into his own drug organization, then ended his career as a corpse in Baltimore County, with partner and friend Williams as the prime suspect.”

In all likelihood, the “Wimpy” Petaski referred to was Manns. Williams, meanwhile, is serving his life sentence at the high-security United State Penitentiary—Canaan, near Scranton, Pa. Details of the other drug dealers Petasky mentioned—Darryl Henderson, Greg Parker, and Ya Ya Brockington—remain inscrutable as of press time.

Given the number of years that have passed since Williams and Manns were on the scene, Petasky’s 2006 boasts may have been more reminiscent of times past than of his contemporary stature on Baltimore’s mean streets. But that a man with Petasky’s trappings—records show he was a donor to Maryland politicians, drove luxury vehicles, had a diversified investment portfolio, and owned a nice home on Woodvalley Drive near Stevenson in Baltimore County—would claim such ties, even in vaunted rhetoric, speaks volumes of the drug culture’s reach into respectable circles.

Petasky’s past—he was previously convicted by a jury in 1990 in connection with a similar money-laundering scheme involving Metro Brokers and an attorney, Neil Steinhorn, who was also convicted—meant that he was prohibited from possessing firearms or ammunition. As part of Petasky’s plea deal, though, prosecutors dismissed the firearms charges, along with numerous other counts of financial crimes. He pleaded guilty to a single conspiracy count of money laundering, and agreed to forfeit $336,000 to the government as ill-gotten gains. Petasky is scheduled to be released from prison on Jan. 1, 2013.

A Dog In the Fight: Baltimore’s Enforcement of Animal-Cruelty Laws is Getting Some Bite

By Van Smith

Published in City Paper, Feb. 17, 2015

Photo: aspca.org

Last March, the door of a vacant house at 6203 York Road in Baltimore was forced open by police to reveal a scene of prolonged horror. The broad contours of what happened were pieced together by authorities after someone reported that a live animal was trapped inside the house in Cedarcroft, a nice neighborhood on the city’s northern boundary.

Baltimore City animal enforcement officer (AEO) Megan Zeiler looked through a window in the house and saw a dead dog. She called the police for help, and when they entered, they found the home “covered in animal waste,” while the “extremely emaciated” dead dog’s “face appeared to have been eaten by another animal,” court records explain. While Zeiler examined the dog, named Rudy, a “live emaciated cat” named Lola “came down the steps” of the house, “covered in dried blood, presumably from consuming dead animal.” Zeiler “found a dead cat” on the third floor that “also appeared to have been eaten.”

Zeiler talked with a neighbor, who explained he had not seen the home’s owner since January. Thus, it appeared that Rudy, Lola, and the other cat had been locked in the house, left to their own devices, for about two months. Only Lola made it out alive, apparently by eating the others. The dead cat’s cause of death is “unknown because most of the body was missing,” court records state, while Rudy “suffered terribly with evidence of severe neglect and lack of veterinary care,” along with “extended malnutrition/starvation.”

After a bit of detective work, someone was held to account: the vacant home’s owner, 33-year-old Patrick Kenji Ito. Charged on July 17 with 31 counts of various forms of animal cruelty, he was arrested a week later and released pending trial on his own recognizance. At his Oct. 7 court appearance, prosecutors declined to press all charges but one count of aggravated animal cruelty. Ito pleaded not guilty and was given two years of supervised probation before judgment and ordered to pay $264 in restitution to the nonprofit Baltimore Animal Rescue and Care Shelter (BARCS), where Lola was treated.

Ito, the chef and co-owner of Hampden’s McCabe’s Restaurant, has not yet paid restitution to BARCS. (BARCS has filed a court lien against him for the amount owed, which they do whenever defendants fail to pay the ordered restitution).

In a Facebook message responding to City Paper’s inquiries, Ito explains that the York Road house had gone into foreclosure and he had moved out, and “there clearly had been quite a few people in and out of the property” after that, and then “out of nowhere I got arrested for animal cruelty charges.” The dead dog, he claims, “was not my dog” though the authorities “thought it was. I just took the offer of probation so there was no possibility of me doing jail time for these ridiculous charges.” He adds that “this has been quite an ordeal and I just really don’t want to be pictured as this animal killer after all this.” In a follow-up phone conversation, Ito adds that “my dog Rudy is still alive.”

The case against Ito is one of 28 criminal matters City Paper reviewed in order to get a grasp of how people in Baltimore are getting caught and penalized for abusing animals. Detailed in sworn statements contained in the court files, they run the gamut from a man who left a dog locked in a hot car, to a woman who threw a kitten against a wall, to dogfighting.

The 28 cases show that animal abuse is a big tent of bad conduct by all sorts of regular citizens, not just violent drug dealers driven by greed and bloodlust to hold high-dollar dogfighting events, as in a massive dogfighting indictment filed in December. They also show that law enforcers are going after all manner of animal abuse, and taking the crimes seriously.

As recently as April 2013, the city’s animal-abuse enforcement effort was lambasted in a report of the Mayor’s Anti-Animal Abuse Advisory Commission (MAAAC), which City Hall tried to suppress. The report found “many law enforcement officials in Baltimore continue to treat animal abuse as a minor property crime,” yet predicted that “2013 promises to be a better year.”

If 2013 brought improvements on the abuse-fighting front, 2014 appears to have brought even more. City Paper asked to interview police and prosecutors about their efforts to combat animal abuse, and Tammy Brown, spokeswoman for the Baltimore City State’s Attorney’s Office, said only “we work very closely with Animal Control to investigate and prosecute animal cruelty cases when they are merited,” though her office did provide defendants’ names and court-case numbers for some of its 2014 prosecutions.

A request to interview Sharon Miller, director of Baltimore City’s Office of Animal Control, about her encounters with animal abuse in the field, and how enforcement has changed or improved over time, was met with a prepared statement.

Each year, Animal Control’s statement says, it receives “approximately 5,000 calls [that] are classified as Animal In Danger,” such as “dogs inhumanely chained in rear yard, injured animals, animals that appear malnourished, etc.” The “office responds and investigates each call” and also “works closely with” police and prosecutors “in investigating suspected cases of neglect and abuse,” a “collaborative relationship” that “has led to an aggressive investigative approach which has resulted in an increase in felony arrests and prosecutions.” That last point is backed up by the number of animal-abuse arrests processed at Baltimore Central Booking and Intake Center (BCBIC), which went from 17 in 2013 to 24 in 2014.

BARCS’ Executive Director Jennifer Brause says “animal abuse is taken more seriously now,” with “more enforcement, deeper investigations, and more prosecutions, and it makes you feel good because something is being done about it.” Greater enforcement spawns more citizen reports of abuse, she adds, because “now they know something is going to be done about it.”

Not among those 2014 arrests, though, were the 22 people indicted for a massive dogfighting conspiracy in December 2014—a case that is perhaps the best gauge of how seriously Baltimore law enforcers now take animal abuse.

Hundreds of dogs and huge hauls of dogfighting paraphernalia, along with guns, drugs, and cash, have been recovered as a result of the dogfighting investigation. The case is overseen not by line prosecutors, but by the elite Major Investigations Unit (MIU) of the Baltimore City State’s Attorney’s Office, an outfit best known for prosecuting gangs and handling complex wiretap investigations.

As then-State’s Attorney Gregg Bernstein pointed out when he announced the indictment, “there is a strong connection between those individuals who would subject animals to horrific treatment and abuse and those engaged in the drug trade and acts of violence.” The indictment, he continued, “hopefully will protect innocent and vulnerable animals from further abuse and reduce violent criminal activity.”

The cases City Paper reviewed also show this connection, but not always. Ito, for instance, has not otherwise faced criminal charges in Maryland, and neither have many of the other defendants. The 28 cases, though, have at least one thing in common: victims. All told, 74 dogs and five cats suffered, whether or not the perpetrator suffered consequences.

Those defendants deemed guilty, says retired city animal-abuse investigator Eric Banks, “should be kept from ever owning another animal, another pet,” he says, adding, “if you’ll abuse a dog, a pet, you’ll abuse a child. It’s the same mindset.” While the law doesn’t allow this, the effort to seek justice on abused pets’ behalf shows the city does indeed have a dog in the anti-abuse fight, and it has some teeth.

Tavon Sol was 8 years old in 1999 when since-retired Baltimore Sun features writer Carl Schoettler profiled him and his father, Tyrone Sol, in a boxing story. Tavon, “looking like a chunky spaceman in his protective headgear and midriff guard, whacks away at his dad with more enthusiasm than skill,” Schoettler wrote. “But he’s learning.”

The son apparently learned more than boxing from his dad. Fast-forward to 2011, when both were charged for guns and drugs. Eventually, prosecutors declined to pursue most of the charges, but Tavon Sol pleaded guilty to drug possession and was put on six months of probation, while 56-year-old Tyrone Sol, an already-convicted drug dealer and burglar, pleaded guilty to animal cruelty and was given a two-month sentence in October 2013.

A month after his father was sentenced, Tavon Sol rolled up to his home at 545 N. Fulton Ave. to find the police raiding the place. After advising him of his rights, the officers took his statement: “he had three guns and marijuana in his basement bedroom” and “all the pit bulls at the location was [sic] owned by him,” whether “dead or alive.”

In the house, in addition to guns, drugs, cash, and “various dog fighting paraphernalia,” were seven pit bulls in the basement, three pit bulls “chained to the rear fence line outside,” and a “deceased pit bull in a cage on the rear deck outside the kitchen door.”

Come Jan. 19, the only remaining charges remaining against Sol involved the guns and drugs, as prosecutors dropped the 12 animal-cruelty and dogfighting-related charges against him. Those, it turns out, were rolled into the MIU’s dogfighting-conspiracy case.

The indictment describes in greater detail the fruits of the November 2013 raid on Sol’s house: In addition to the 11 dogs, there were “materials, devices, and instruments used to facilitate the breeding, training, and fighting of dogs (e.g., a treadmill, conditioning harnesses, breaking sticks, wound treatment, dietary supplements, etc.),” and “one of the pitbull puppies was deceased due to starvation.”

Thus, Sol is no longer on the hook for just the animal-abuse crimes apparent in the November 2013 raid on his house, but of the crimes of the whole 22-member conspiracy, which is alleged to have spanned from April 2013 to when it was indicted in December. The grand jury claims he’s part of what the indictment calls “a closely-knit clandestine community” that used “disturbing conditioning methods designed to make dogs more aggressive, vicious, and lethal.” This was done to “increase the chances of prevailing in dogfights—and to maximize the corresponding profits from gambling on matches,” where “the total purse” can be “$100,000 and higher, with individual cash bets of $25,000,” or “even greater at larger events.”

Of the 22 defendants, eight have prior convictions for violence, five for handguns, two for sex offenses, and one for murder. Earlier in 2014, some of Sol’s co-defendants, including the father-and-son team of William Murray Jr. and William Murray III and Tyrone Wolfe, already had already appeared in court documents for suspicions of dogfighting, as had a man, William Paige, who’s mentioned though not charged in the MIU indictment.

As Baltimore Police Department (BPD) officers were preparing to raid Murray III’s home at 2801 Oswego Ave. in Park Heights in April 2014, the 27-year-old emerged from the house, got into a white Ford Crown Victoria, and drove off. The officers stopped and arrested him for not having a valid driver’s license. Thus, Murray III wasn’t present for the raid on his house, but his girlfriend, Victoria Burnham, and an infant were.

The raid turned up drugs, a gun, and “5 pit bull type dogs within cages” in the basement. One of the dogs “was severely injured” and the other four “were injured with scarring and swelling,” while one was wearing a “weighted collar.” Among the wide array of dogfighting paraphernalia found were a “weight pulling harness,” a “weight pulling sled,” a “scale used for weigh in for dog fight,” and “conditioning videos.”

The police then went to the Murrays’ used-car dealership, around the corner at 4026 Reisterstown Road, where 48-year-old Murray Jr. was there to let them in. More dogfighting paraphernalia was recovered, including veterinary-care medicine, dietary supplements, and “various animal fighting documents.”

Burnham and Murray III were arrested and charged for drug- and dogfighting-related offenses, and Murray Jr., who was entrusted with the infant, was not arrested. The case against Burnham dwindled to a minor pot charge. Murray III’s case continued until Jan. 15, when prosecutors declined to pursue the charges, which by then had been rolled into MIU’s dogfighting indictment.

Then, on Jan. 12, Murray Jr. and his wife, Barbara Murray, were also indicted in Baltimore County in a separate dogfighting conspiracy, which also includes animal-cruelty counts for failing to provide “proper drink” to several horses. Murray Jr., who owns the Southwest Baltimore arabber stables on Carlton Street that were raided on Jan. 13 over concerns about the care provided to the horses there, also faces numerous firearms-related counts in the Baltimore County conspiracy, including for possessing guns when he’s prohibited from doing so given his prior felony record.

Wolfe, meanwhile, made a blip on the anti-dogfighting enforcers’ radar on June 18, 2014, when animal-control director Miller and BPD officers came to his house at 3922 W. Garrison Ave. with a warrant to check on “the health and welfare and licensing” of animals there. Once inside, they found 41-year-old Wolfe, Ebony Goins, and three children.

“We smoke weed, and that’s it,” Wolfe told the officers, adding “there is an old gun in the basement.” Also in the basement, Miller observed, were “a make shift box with carpet on the floor which had blood stains,” while three pit bulls were in the backyard, one of which had “bite wounds/scarring” and another had “a long split of the tongue.” A “weight pulling harness” and a “treadmill” were also found, “an indication of conditioning a dog for a fight.”

The charges against Wolfe, who was previously convicted of assault with intent to murder and handgun violations, remain pending in Baltimore City Circuit Court.

Paige can count himself lucky not to be charged in MIU’s case, since his name appears in the indictment, along with the circumstances found at the 58-year-old’s house in January 2014. That’s when, similar to what happened to Wolfe, Baltimore authorities came knocking at his Sandtown-Winchester house at 1118 N. Carrollton Ave. with a warrant to check on the welfare of animals there.

In addition to guns and drugs, six pit bulls were found in the backyard, “housed in 50 gallon plastic drum barrels” and “chained with heavy chains” in frigid, 14-degree weather. Several bore scars “on the face, chest, and legs,” suggesting they “have been fought.” In October 2014, the Sandtown-Winchester resident was sentenced to three years in prison for having fight-trained dogs and five years for being a felon in possession of a firearm, in light of his 1985 attempted-murder conviction. Thus, Paige’s penalties had already been meted out before the indictment came down.

While the dogfighting scene appears to be populated with nefarious characters with shady backgrounds and criminal proclivities, numerous people with clean or nearly pristine criminal backgrounds have been snared for animal abuse in Baltimore. At times, their culpability was established after they engaged Baltimore’s animal-welfare apparatus upon their pet’s sickness or death.

Take 47-year-old Northeast Baltimore resident Tonya McCoy. In January 2014, she surrendered the body of her dead brown-and-white pit bull to BARCS. An employee there was “concerned about the condition” of the dog, and so contacted an AEO, who inspected the dog and found it “emaciated and dehydrated.”

When interviewed, McCoy explained that the dog “became sick two weeks ago,” and took it to the vet, but “the line was too long and the dog died before making it to the shelter, about 30-40 minutes earlier.” But the dog “was cold to the touch,” its left side “had begun to flatten” as if it “had been on its side for an extended period, . . . yellow liquid was draining from the dog’s nose and mouth,” and its body temperature “did not register on the thermometer.”

A necropsy concluded the dog “suffered from serious neglect” and “lack of proper nutrition” for “weeks/months.” It had an inflamed abdominal wall, a “very painful condition” that would have rendered it “visibly sick and in pain.” McCoy was found guilty of one count of animal cruelty, for which she received one year of unsupervised probation before judgment.

Andrea Eaton, a 48-year-old Northeast Baltimore resident, adopted a dog named Sput Lee from BARCS in January 2013, but it was in poor condition when her brother brought the dog back to BARCS in February 2014. Eaton admitted she “never found out why the dog was losing weight and did nothing more until the time of surrender” by her brother. Under BARCS care, the dog regained weight, adding 13 pounds in six days. Eaton was given 18 months of supervised probation and ordered to pay $496.55 in restitution to BARCS, which she has not yet paid.

The case of 33-year-old Torrelee Lane, who called the Maryland Society for the Prevention of Cruelty to Animals (MDSPCA) in June 2014 to say “her dog had been hit by a car about two months ago” and was “chewing at the foot,” shows the lengths to which animal-welfare investigators sometimes have to go.

After prompting from MDSPCA, Lane arrived there hours later with the dog, identified as “T.K.,” whose foot was wrapped up with a towel, electrical tape, and a plastic bag. Amputation was required, because  T.K.’s “entire foot and part of the bone was missing,” and that the dog had “severed” bones.

Lane had mentioned she had other dogs, so an extensive probe ensued, overcoming Lane’s efforts to thwart it. Ultimately, authorities came to her home with a warrant and found three pit bulls, including a “thin and unresponsive” puppy that had parvovirus, a highly contagious and life-threatening disease. All three were euthanized. Lane was put on one year of supervised probation, and had to pay $57.50 in court costs.

In other cases, people called authorities to have their unwanted, sick dogs picked up, and AEOs responded to discover neglected animals. One of them, 40-year-old Ellwood Park resident Gregory Williams, told an AEO his Rottweiler, who was “extremely emaciated,” had “eaten a rat” and “had been in the same condition for about a month.” Turned out, the dog had a condition requiring a special diet, and gained seven pounds with proper care. Williams got one year of supervised probation for animal cruelty and was ordered to pay $294 in restitution to BARCS, which he has yet to pay.

Another man, 44-year-old West Baltimore resident Louis Raymond Jefferson, called to have Animal Control pick up his Rottweiler, Bo, and the responding AEOs found “a very thin” dog “lying on a urine soaked sheet” in 28-degree weather. Jefferson said Bo “had been sick for about a month” without “any veterinary care.” BARCS found Bo to be “in horrible condition, emaciated, dirty, unable to walk, with pressure sores, and extremely swollen/enlarged joints,” and after the dog was euthanized, it was determined that Bo was “an old dog with numerous problems such as failing organs and parasitism.” Jefferson got six months of unsupervised probation.

One of the dogs seized in the December bust of a Baltimore-based dogfighting ring (WBAL)

Calls from tipsters spawned many of the 2014 animal-abuse cases City Paper reviewed, and responding AEOs turned up some heart-breaking cases of abuse.

A tip about two underweight dogs “left out in the cold” brought AEOs to 934 N. Rosedale St. in West Baltimore in January 2014. They found a pit bull on a short chain lying on a blanket outside of an “igloo dog house” in 4-degree weather, and a white dog “dead on arrival and frozen to the bottom of the doghouse.” A 48-year-old woman, Bridget Jones, “came to the door” and claimed ownership of the dogs. She got a 90-day sentence (with 86 days suspended) and probation for one year, and was ordered to pay $150 in restitution to BARCS, which she hasn’t yet paid. Since the animal-cruelty charges were filed, Jones has been found guilty of theft and, in yet another case, charged with first-degree assault and use of deadly weapon with intent to injure.

In February 2014, BPD officers and AEOs went to 2818 Ellicott Drive in West Baltimore, responding to “an anonymous call that a dog had been abandoned in the rear yard,” which is exactly what they found. Neighbors confirmed that it had been “left outside, tied to a pole in the cold” for “over a month,” and the police noted it “had severe scars on his legs and nose.”a year of supervised probation and ordered to pay $500 in restitution to BARCS, which she has not yet paid.

“The owner of the home,” 50-year-old Carolyn Simmons, walked up to the scene, bearing “the strong pungent odor of marijuana on her person.” When told of her impending arrest on animal-cruelty charges and the apparent smell of pot, Simmons announced, “I got some bud in my bra underneath my breast on the left side.” Simmons was given a year of supervised probation and ordered to pay $500 in restitution to BARCS, which she has not yet paid.

In July 2014, AEOs and BPD officers were directed to an apartment in the 3800 block of Rogers Avenue by a tip about a “deceased dog,” and came upon a disturbing scene. In the garage was a live dog that was “being stung by bees which were on a hive near the dog,” which was “tied to a crate without water or food.” Also in the garage was a dead pit bull “still tied to a electric [sic] outlet on the wall” and “already in an accelerated state of decay.” Charges were brought against a man named Maurice White, but prosecutors dropped the case on Jan. 13.

In November 2014, someone called in a complaint for “four dogs being kept in a 4×6 area in the rear of” 4451 Eldone Road, and AEOs arrived to find three dogs “confined in a fenced in area on the patio.” Dante Blake was there, and the 42-year-old explained that the two female dogs “were kept in crates to keep them from fighting” and that they’d fought two weeks earlier, adding that “he felt he could properly treat the injuries” himself “because of his career in the medical field.” All three were “visibly malnourished,” and one of them had “many wounds on her face,” another “had open wounds on her front legs and swollen muzzle,” and the third had “scarring on his legs and a wound on his chin.” Blake got one year of supervised probation and was ordered to pay $57.50 in court costs.

Two cases involving cats resulted from tips—including one that “a cat had been thrown against a wall and was possibly dead” in the Curtis Bay home of 38-year-old Elizabeth Gauthier. When an AEO arrived on July 8, 2014, Gauthier explained her kitten died when it “stopped breathing,” and that “her boyfriend had buried it somewhere outside,” though she didn’t know where. Animal Control director Miller got on the phone with Gauthier, who then admitted she had thrown “the kitten against the wall because the kitten scratched her,” and its body was in a plastic bag in the basement. A necropsy determined a concussion and brain trauma caused the kitten’s death. Gauthier got three years of supervised probation, and was ordered to pay $165 in court costs.

Similarly, in June 2014 someone reported that “a cat had been thrown from a window” at 4322 Reisterstown Road in Park Heights. Responding AEOs met with Philip Hanna, who explained that he’d heard his brother, 50-year-old Steven Hanna, earlier that day exclaim, “throw that mother fucker out the window.” A witness, Montre Jordan, confirmed what had happened and said the cat “almost died,” though it was found on the deck below “in shock but not significantly injured.” Steven Hanna got a 90-day suspended sentence and six months of probation.

A tipster’s call to police—and steps taken prior to their arrival—may have saved a dog’s life on June 30, 2014. Baltimore real-estate investor Thomas Karle Jr. called in the situation: a dog locked “inside a black GMC Denali with the windows up for over three hours” across from Baltimore City Hall. While waiting for the police to arrive, Karle and others noticed the dog “was in serious distress and on the verge of passing out,” so Karle “forcibly pulled the window of the car down and extracted the dog,” who “could barely move and was heavily panting,” so Karle and others “washed him down in water and gave him water to drink.”

When the police arrived, “the dog seemed to be in stable condition,” but “there was no sign of water or food” in the Denali. Its owner, 22-year-old Danael Tesfaye, “then came out to see what was going on,” and said “he did not know you couldn’t leave a dog in the car and admitted he owned the dog for two days.”

The dog went to BARCS, and Tesfaye, who has no prior criminal record, was arrested on four counts of cruelty. He was freed the same day on $50,000 bail. In September, he received six months of unsupervised probation and a $250 fine, and had to pay $57.50 in courts costs. When he failed to pay the fine, a warrant was issued and he was again arrested on Dec. 8, then released on his own recognizance.

Perhaps the most compelling animal-abuse case City Paper reviewed was one involving a 13-year-old boy who arrived on July 18 at BPD’s Southwest District station and announced that his mom and stepdad were trying to kill his pit bull. It joins together themes that the MAAAC report pointed out: the correlation of animal abuse with other kinds of violence and abuse.

The boy explained that he’d had an argument with his mother, 34-year-old Lynette Reed, who’d ordered his stepfather, 28-year-old Kevin Harris, to “take that bitch in the woods and kill it,” after which the boy had watched Harris walking his pit bull toward the woods along the 2700 block of Frederick Avenue, announcing that “I’m going to hang him from a tree and kill him!”

The police looked for the dog, but couldn’t find it, so they went to the boy’s home and encountered a “very hostile” Reed, who said of her son: “Get that bitch away from my house! That bitch isn’t coming inside my house! He’s not going to be shit just like his daddy wasn’t shit!”

When officers advised Reed that the youngster could not legally be refused access to the home, Reed threatened him. “If he comes back in here,” she said, “I’m locking him in the basement! He’s not getting any food or water unless I want him to have it. And when I’m ready for him to have something, he’ll only get bread and water. And he’s not getting a bed, he’ll sleep on the basement floor! I’ll show him what it feels like to be on lock down!”

The police tried to explain to Reed the procedures for handling her desire to no longer have her son live in her house, and she yelled back at them: “If you don’t take him, I got something for that! I’m unplugging his box!” Reed proceeded to unplug her son’s home-detention monitor, “in an attempt to violate his probation and get him arrested.”

The boy then asked his mother, “What did you do with my dog?” She yelled back, “I took the bitch in the woods and left him there!” and “I told you if you didn’t get it out of my house, I was gonna kill him!” The police, “not feeling comfortable leaving” the boy with her, sought “proper placement” for him. They then received a citizen’s call that a pit bull was tied to a tree nearby. Upon arriving, they found it “out in the sun” and “tied to a tree using a rope, a cord, and a metal chain” with “no food or water.”

Reed, who like Harris has prior convictions for assault and theft, was arrested on five cruelty counts, but in August prosecutors declined to pursue the charges. A warrant was issued for Harris, who was arrested on Feb. 9 and held without bail pending trial, scheduled for March 10.

Another harrowing domestic scene played out in April, prompting animal-abuse charges, when 32-year-old Andrea Ashe called the police to say she believed her estranged boyfriend, Darryle Langley, had “broken into their home” in Northeast Baltimore and “was still inside.” He “had access to a firearm,” she explained, adding that she was “unsure if he had one with him.” She had “separated from Langley due to being afraid of him,” but “he still had some property inside of the residence.”

When the police entered the house, they found no one there except for “a dark grey Pit Bull standing at the bottom of the steps” in the basement “with its “tail between its legs.” When they approached, the dog “ran to the far corner of the basement, as if to be afraid.” Urine and feces were “scattered around the basement floor,” and there was a “dog crate that appeared rusty with jagged edges” and empty bowls for food and water.

The police tried to talk to Ashe about the dog, but she “seemed to be uninterested” and “would not answer” any questions. So they spoke directly: “Ma’am, that dog in your basement needs your immediate attention. You need to give him food, water, and take him with you when you leave.” Ashe “did not respond,” but “merely walked inside” the house.

Two days later, an officer returned, knocked on the screen door, and “heard the Pit Bull come up the steps from the basement and begin to scratch at the door with its paw while it wimpered [sic].” The officer entered, “believing the dog was in great pain and suffering.” Everything in the basement was it had been during the previous visit, and the dog was in bad shape. The officer “could see its rib cage” and it had “little to no energy,” so Animal Control “responded and took custody” of it.

Ashe and Langley both were charged with animal cruelty, but prosecutors declined to pursue their cases. About 10 days after Langley was arrested on the charges, he was accused of second-degree assault in the city, and later pleaded guilty, receiving a three-year suspended sentence with 18 months of probation.

About a week after the assault charges were filed, Frederick County law enforcers accused Langley of heroin distribution, and after pleading guilty he received a 20-year suspended sentence with two years of probation. That case violated his supervised release on a federal felon-in-possession-of-a-firearm conviction, so he was sent back to federal prison for seven months, and is scheduled for release in July

While routine animal-abuse cases involving neglected or abused dogs and cats, however disturbing, rarely make headlines, dogfighting, the rock star of animal-abuse crimes, is all but assured media coverage. Aside from MIU’s big case announced in December, consider the case against Johnnie Taylor of Howard Park.

It started in April 2012 as a routine drug probe prompted by suspicions that Taylor’s house “was being used to sell marijuana.” After watching apparent drug transactions, the police arrested two men, including Taylor, who told police that he lived alone at the house, but “he had several dogs inside his house and he was aspiring” to be a pet-shop owner.

As the police later arrived at Taylor’s house to raid it, his girlfriend, Tara Davis, “was standing outside” and told the officers of the dogs. “All but one” of them “were confined to a crate,” she said, and the “loose dog” was a “king corso” named “Midnight,” an “extremely aggressive” dog that “was a direct danger to anyone entering the dwelling.” So the police had Davis “enter the dwelling first,” put Midnight on a leash, and “take the dog directly to her vehicle.” They then went inside.

What they found was a bunch of pot, bullets, and “eight pit-bull dogs scattered throughout the house contained in separate cages,” living in a manner “unsuitable for any living creature.” The dogs were “kept in small cages” and were “standing in their own fecal” matter and “did not have any food or water.” Five of them “were kept in the unlit basement,” and two of them “had clear signs they had been bitten on the face and legs.” Also found was dog-training equipment, dietary supplements, and veterinary supplies, along with “a manual titled ‘Conditioning a Dog for a Fight.’”

The case prompted much media coverage, and Taylor took to YouTube after his arrest to try the case in the court of public opinion. “A lot of people probably seen me recently in the news for this dogfight ring,” he declares on the 11-minute video, “so I figure I get my own camera crew out here and tell the city and the world what’s really going on with Johnnie Taylor.

“Well, let me start off by saying I’ve never fought dogs ever in my life,” he says. “Ever since I was a little boy, I’ve always rescued animals,” and “my house is like an animal sanctuary.” He claims “people know I’m trying to open up a pet store, so why would the police say that I’m fighting dogs” when “all my dogs were healthy and friendly?” He asks viewers, “have you ever heard of a friendly fighting dog?”

Taylor will soon get a chance to defend himself in court, because a pretrial dispute was recently returned from the appellate courts in the prosecution’s favor, and a trial is scheduled to begin on Feb. 23.

In 2014, though, one dogfighting case went unnoticed. It demonstrates how this form of abuse can be a spectator sport on the open streets of Baltimore.

On the afternoon of April 13, the police went to an alley near Homewood Avenue and East 20th Street, just north of Green Mount Cemetery, “for a dog fight in progress,” and when they arrived, they heard “citizens start to yell, ‘Yo the police are coming.’” There were “approximately 20 citizens in the alley, who were spectating this event, but they began to scatter” when the police showed up.

Two men, 36-year-old Edward Dancy and 44-year-old George Jordan Jr., were separating the fighting dogs, a “brown and white pit bull terrier” and a “white bull terrier,” who were “still growling, barking, and displaying their teeth toward each other.”

Dancy, ignoring officers’ calls for him to stop, pulled the pit bull down the street, but was soon detained and hesitantly did as told, to secure the dog by chaining it to a fence. Jordan did the same, chaining the bull terrier to a light pole.

“We wasn’t fighting the dogs, his dog jumped the fence,” Dancy said initially, but then changed his story, claiming “that’s not really what happened officer. We were walking the dogs” and they got too “close to each other and started fighting.”

Both dogs had injuries, but the bull terrier’s were worse: “punctures and lacerations” to the “face, ears, front legs, rear right leg, and neck.” The pit bull had “bite wounds” on its “face, nose, and front leg.” A responding AEO declared that the scene appeared to be more than what Dancy described, since their injuries “are consistent with that of dog fighting.” The police concluded that the two men “were intentionally and maliciously fighting these dogs” with “blatant disregard for public safety” and “the lives of these animals.”

Dancy and Jordan both were charged with animal cruelty and dogfighting. Jordan, who has a 2005 drug-dealing conviction, pleaded guilty and received an 18-month suspended sentence and one year of unsupervised probation. Prosecutors declined to pursue the charges against Dancy, who has faced numerous minor charges over the years, but has never been convicted.

Banks, the retired city investigator who would like to see convicted abusers banned from owning pets, holds dogfighters in particular disdain. “People that fight dogs are displaying antisocial behavior, and they’re dangerous,” he says, adding that “they should be publicized on a website, like the sex-offender registry.”

The zeal is borne of what Banks saw during his days in the anti-abuse business. Now a security professional who has provided services to celebrities in town to film movies, Banks, a fit man with a yen for gold chains, doesn’t come across as prone to emotional displays.

Yet, when his memory is jogged about what he saw in Baltimore’s basements and backyards, his emotions run high.

Banks recalls entering the basement of house where “there was a dogfighting ring, broken down, and a bloody carpet, and they had vitamins and steroids and treadmills. They were breeding dogs for fighting.”

What really got to Banks, though, was “a bait dog in a cage, and this dog was tore up. Part of his jaw was missing, his tail was gone, his ear was bitten off. He’d fought before, his time was over, and they just used him as a bait dog,” to get fighting dogs riled up.

“The thing about it was,” Banks continues, “this was the friendliest dog you’d ever want to be around. But he was so ugly, so abused. I cried.”

Room Service: Morgan student charged after heroin “pellets” found in Marriott Waterfront Hotel

By Van Smith

Published in City Paper, Mar. 25, 2009

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To hear his attorney tell it, Edward Aboagye is an immigrant success story. The slight, bespectacled 27-year-old Morgan State University senior, majoring in finance and accounting, came to the United States from Ghana nine years ago, and married in 2005. The Laurel couple became the parents of twins in January. He’s a resident alien with a green card who owns a lawfully obtained handgun and a car-dealing business in Pigtown. He has no prior record of criminal behavior.

But according to U.S. Attorney Albert David Copperthite, Aboagye is believed to be part of a heroin-smuggling conspiracy that used a courier to swallow five “pellets” of the drug, which were delivered on March 14 “by natural processes” to co-conspirators at a Marriott Waterfront Hotel room (pictured) rented by Aboagye.

In all, the hotel housekeeping crew found a half-kilogram of heroin worth about $45,000 in Aboagye’s room safe and $6,200 in cash behind the counter in the bathroom. Another $4,900 was recovered from a jacket and a purse. A later search of Aboagye’s Pigtown business address turned up more heroin, some marijuana, a .40-caliber pistol registered to Aboagye, and 28 bullets in two magazines.

In open court on March 19, Aboagye’s attorney, Ivan Bates, tells U.S. District Court judge Paul Grimm that his client is not someone who should be locked up pending trial on federal drug-conspiracy charges.

“He’s a family man that is trying to be a student,” Bates says, adding that aspects of the government’s case require a “leap and a stretch” to be believable.

“He leads two lives,” the prosecutor contends. One “with his wife and children in Laurel–and they don’t know what he’s doing in Baltimore.”

Noting that the government’s contentions are as yet “untested,” and that the defense maintains that Aboagye was at the hotel “to sell a man a car”–not to engage in a drug transaction–Judge Grimm allows Aboagye to be on monitored home detention with $50,000 in unsecured bond put up by his wife.

“There are a number of factual matters that [Aboagye] intends to challenge at trial,” the judge notes.

Another Ghanian living in Elizabeth, N.J., Mohammed Marga, also was charged in the conspiracy with Aboagye. Both, according to the charging papers, were interviewed by law enforcers after their arrests, as was a woman–20-year-old Stanina Akonnor–who was initially detained with them, but later released without charges.

Whereas Aboagye denied knowledge of the recovered heroin and money, and claimed he was at the hotel to conduct a car sale, Marga told investigators that he met with Aboagye at the hotel room, where Aboagye told him to call a man named Malik to arrange a heroin sale. On March 13, Marga says, Aboagye drove him to meet and set up the transaction with Malik, who Marga described as a stocky, dreadlocked black male, about 5 feet 9 inches, driving a black Range Rover.

Once the two were arrested the next day, though, the alleged drug deal never went through. Malik was displeased, as was evident from a voicemail he left on Marga’s phone. The voicemail, the charging papers contend, “showed that Malik was upset that they did not show up to deliver the heroin and did not call him to let him know what was going on. Additionally, Malik said that he was not going to deal with them anymore.”

Aboagye’s Baltimore car business, Asco Global Company LLC, is based at 824 Washington Blvd. Its incorporation papers describe it as a “wholesale automobile/vehicle dealer” also engaged in the “import and export of general goods.” At 3:13 a.m. on Jan. 22, Aboagye was clocked by police in Howard County going 85 miles per hour in a 1991 Acura with Pennsylvania plates, heading south on I-95. He is scheduled for a March 25 trial on the resulting speeding ticket.

The Marriott Waterfront’s director of sales and marketing, Rob McCulloch, tells City Paper the hotel does “not have any official comment” on the incident. When asked if large amounts of heroin had been found at the hotel before, McCulloch says, “Not that I’m aware of.”

Straight Outta Accra: West Africa looms large in Baltimore heroin-trafficking cases

By Van Smith

Published in City Paper, May 23, 2012

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Last April, thousands of miles from Baltimore in the West African country of Ghana, a man known as “Wagba” got on the phone and mediated a Baltimore heroin-dealing dispute.

Nana Boateng, who supplied Baltimore dealers with heroin shipped under Wagba’s direction by couriers traveling to the United States on commercial flights leaving West Africa, was in a heated argument with another Ghanaian, Krist Koranteng, who also supplied Baltimore heroin dealers with courier-carried heroin from West Africa.

The two were threatening one another, with Koranteng saying he’d arrange for men to come from Ghana to kill Boateng if he didn’t pay up for short-changing Koranteng’s friend, Moses Appram, on a 200-gram heroin deal. Boateng, in response, vowed to come to Ghana and kill Koranteng himself.

Since Boateng’s phones were wiretapped as part of a U.S. Drug Enforcement Administration (DEA) investigation, his conversations with Wagba were recorded for posterity. As a result of the probe, Boateng, Koranteng, Appram, and three others were indicted last year in Maryland federal court for participating in a heroin conspiracy. All of them pleaded guilty except Appram, whose three-day trial in Baltimore’s federal courthouse ended on May 2 with a jury conviction. Koranteng testified as a government cooperator, and Wagba’s name, as well as the recorded, translated, and transcribed phone conversations he had with Boateng, came up often during the trial.

Ultimately, no one was killed or attacked as a result of the dispute, and Koranteng testified that he ended up taking the loss on Appram’s ill-fated deal with Boateng. But Wagba’s dealings with Boateng did not end there. In late May 2011, according to court documents, Wagba coordinated a courier shipment of heroin to Boateng, who waited for six hours at Washington Dulles International Airport as the courier, who was caught by law enforcers as she arrived with 3.3 kilograms of heroin in her luggage, was detained and questioned by authorities. At the agents’ direction, the courier called Wagba, who told her “someone would get back to her. Shortly thereafter, a call from Boateng was received” on the courier’s phone, the court documents state.

That a phantom, faraway figure like Wagba could play such an intimate role in Baltimore’s heroin trade, both by managing a street-level flap like Appram’s flimflamming at the hands of Boateng and by orchestrating a subsequent intercepted delivery, speaks volumes about how closely tied Baltimore’s heroin trade is to West Africa, even though the two are thousands of miles apart. And that Koranteng, who was in Ghana as he argued over the phone with Boateng, suggested he could send Ghanaian killers to do his dirty work in Baltimore further emphasizes how small a world the global heroin trade sometimes can be.

But when looked at from a broader perspective, the heroin trade involving West Africa can seem immense, complex, and highly geopolitical, since the region is considered by the United Nations, the United States and other countries, and an array of nongovernmental organizations to be currently one of the world’s foremost transshipment points for narcotics from Asia and Latin America.

The reason for this, DEA special agent Todd Edwards explained on the stand at Appram’s trial, is that it is “difficult” for producers to ship directly to the United States from the source countries—Afghanistan, Pakistan, Laos, Cambodia, Colombia, and Mexico—because “everyone knows” they are source countries, so law-enforcement scrutiny will be greater. Heroin producers, therefore, prefer to “go to other countries to have the heroin shipped to the U.S.,” Edwards continued, “and Africa is one of those places, and Ghana and Nigeria are two of the major ones.”

Thus, criminals in West Africa not only get lucrative narco-business serving the transportation needs of the world’s heroin producers; they may also become strategically important to the producer’s larger strategic agendas. And increasingly, the United States is presenting evidence that those agendas have turned West Africa into a key locale for terrorists’ drug-trafficking and money-laundering activities.

In 2009, the same year the DEA opened an office in Accra, Ghana, three al Qaeda-linked men from Mali were arrested in Ghana and charged by U.S. authorities with drug trafficking in aid of terrorism—the first use of a new federal law passed in 2006. West African drug trafficking is also implicated in two other terror-financing cases filed recently in New York, one involving the Taliban and the other Hezbollah, a militant Muslim group and political party based in Lebanon that the United States and a handful of other Western and Middle Eastern countries regard as a terrorist group.

The Taliban case, filed in February 2011, accuses seven men, two of them U.S. citizens, of conspiring to help the Afghan religious movement’s heroin- and cocaine-trafficking enterprises and to sell weapons, including surface-to-air missiles, that the Taliban would use to protect its heroin-processing facilities in Afghanistan from attacks by U.S. forces. The lead co-conspirator, Maroun Saade, is described in the indictment as a “narcotics trafficker operating in West Africa” who agreed to transport “multi-ton shipments of Taliban-owned heroin” to Ghana, where “portions of those shipments would be sent by commercial airplane to the United States to be sold for the financial benefit of the Taliban.” Saade and the others allegedly believed they were dealing with the Taliban, but in fact they were dealing with confidential sources working on behalf of the DEA.

The other case is a civil forfeiture suit in which the U.S. government seeks to take ownership of the assets of businesses and banks involved in an alleged half-billion-dollar drug-money-laundering scheme to aid Hezbollah.

The central drug-trafficking figure accused in the Hezbollah case is Ayman Joumaa, a Lebanese man who is currently a fugitive from U.S. justice in a Virginia federal case charging him with bringing 85,000 kilograms of cocaine into the United States and laundering more than $850 million in Mexican drug-cartel money. Saade, from the Taliban case, also figures in this case, allegedly helping to move laundered cash derived from used-car sales in West Africa to Lebanon.

Though no prosecution brought so far in Maryland has drawn connections between Baltimore heroin dealers and West Africans tied to terrorism, the Hezbollah forfeiture case in New York includes two Maryland car dealers—one in Columbia, the other in Burtonsville, a small Montgomery County town of about 10,000 people, near Laurel—whose assets are being targeted for forfeiture because of evidence they helped launder Hezbollah drug money by accepting millions of dollars in wire transfers to buy cars and ship them to West Africa, where they were sold for cash bound for Lebanon.

In essence, the 65-page Hezbollah complaint describes an alleged scheme in which drug-derived cash was temporarily converted into cars. This would eliminate the risks of detection and headaches of shipping bulk cash back across the Atlantic Ocean to West Africa. Once the cars arrive there, though, they can quickly be converted back to cash—with a profit margin, given the higher prices the cars fetch in West Africa.

Both Appram and Koranteng were in the cars-to-West-Africa business, according to evidence in Appram’s trial. So were other co-conspirators who testified at Appram’s trial, as well as defendants in several other Maryland cases involving heroin from West Africa. In each instance, there is nothing to suggest the car-shipping enterprises were anything but legitimate. The coincidence is striking, however—especially in light of the fact that Appram and Koranteng are both residents of Burtonsville, where one of the car dealers with alleged Hezbollah ties is located.

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Though heroin comes almost entirely from poppies grown in Asia and South America, as special agent Edwards explained during Appram’s trial, criminal trade routes of varying geography and sophistication convey it across the world. Judging by the Appram case, and numerous other recent cases in federal court here and in Virginia, law enforcers are mounting a sustained, multi-front assault on the West African route to Baltimore, especially through Ghana and Nigeria.

Commercial-air travelers entering the United States from West Africa as paid heroin couriers are a key element of the supply chain, court records show. With practice, so-called “internal smugglers” ingest “pellets”—finger-sized, egg-shaped packages of heroin—in seemingly impossible numbers. Adding to the flow are couriers who pack heroin not in their stomachs, but in their luggage, clothing, or wigs.

How much of this heroin smuggled from West Africa is bound for Baltimore’s streets is hard to say, but judging from the pace and scope of recent prosecutions, it’s significant. Here’s a chronological sampling:

Edward Aboagye, a Baltimore-based Ghanaian car dealer who exported vehicles to West Africa while enrolled as a student at Morgan State University, was charged in a heroin conspiracy, along with two others, after a half-kilogram of heroin in pellets was found in the safe of his hotel room at the Marriott Waterfront Hotel in downtown Baltimore on March 14, 2009. He pleaded guilty and testified against one of his co-conspirators, who was found guilty by a jury.

Two weeks later, Frank Aidoo, a Ghana-born Dutch citizen, was caught at Baltimore Washington International Airport (BWI) with 100 heroin pellets in his stomach; his business, according to court records, was buying clothing abroad to resell in Ghana. He pleaded guilty, but recently won an appeal of his sentence.

In January 2010, Suleiman Zakaria arrived at BWI on a flight that originated in Ghana, and three kilograms of heroin were found within the lining of his luggage. He was convicted at a jury trial after mounting a defense that included facts about his business: shipping used cars purchased in the United States to resell in Ghana.

In April 2011 in Virginia, eight people were indicted for a heroin-importation conspiracy that supplied Baltimore, along with other areas, with heroin that was brought by couriers from West Africa to the United States. Nearly all of the defendants have pleaded guilty.

In July 2011, Baltimore City Police officer Daniel Redd was among five indicted in a heroin conspiracy supplied from West Africa. One of the co-conspirators in the case, Abdul Zakaria, aka Tamim Mamah, is Suleiman Zakaria’s brother. He testified as a government cooperator at Appram’s trial, where, in explaining his work history, he said he “was buying cars and shipping them to Africa.” All five defendants in the Redd case have pleaded guilty.

Just after Christmas 2011, two men, Nana Bartels-Riverson and Awal Mohammad, were arrested on I-95 in Howard County after nearly a kilogram of heroin was found in the car they were driving. When interviewed by DEA agents, Mohammad explained that the heroin had come from Ghana via courier, and that they were taking it to Baltimore to sell to a dealer. Their case is still in court.

On Dec. 29, 2011, a wiretap investigation by DEA investigators targeting three alleged drug traffickers suspected of having couriers smuggle heroin into Maryland from Africa—Eddie Patrick, Kenneth Ukoh, and Chrisanti Ignass, who, court documents state, conducted heroin transactions at the InterContinental Harbor Court Hotel in Baltimore—culminated with an African courier in a Maryland hotel room, expelling what eventually turned out to be 80 heroin-filled condoms from his gastrointestinal tract. Their case is still in court.

In March, a Nigerian woman, Ngozi Helen Omokoh, and two Maryland men—David Shenard Merritte of Baltimore and Larry Deen Hutchinson of Prince George’s County—were charged after all three were found in a Maryland hotel room where Omokoh had delivered 725 grams of heroin pellets. Their case is still in court.

On May 3, after a 15-month wiretap investigation, the DEA arrested Joseph Osiomwan, a 51-year-old car dealer who lives in idyllic Monkton, near the posh Manor Tavern five-star restaurant, and owns Woodland Motors, a used-car dealership on Reisterstown Road in Baltimore City. He was arrested as he left an alleged stash house in Northeast Baltimore, and when the agents searched him, they found what they described in court documents as three “fingers” or “eggs” of heroin, commonly used for “heroin to be smuggled into the United States via an internal body carrier.”

One of the common themes running through the stories of the defendants in many of these West African-tied heroin cases in Maryland is that many of them are not solely drug dealers, but also pursue legitimate-looking enterprises—especially buying cars in the United States for resale in West Africa.

How illegitimate such enterprises allegedly can be is illustrated in the Taliban and Hezbollah cases filed in New York. In the absence of any such accusations involving West Africa’s heroin trade in Maryland, though, all the public can know is that people like Wagba in Ghana coordinate shipments of heroin to Baltimore and mediate street beefs—or perhaps settle them—from afar, and that the heroin couriers will continue to come, supplying Baltimore’s streets with heroin.

The Game Remains The Same: Nathan “Bodie” Barksdale’s new charges ring familiar

By Van Smith

Published in City Paper, Dec. 10, 2013

Over the last half-decade or so, City Paper has done in-depth reporting about how Baltimore’s drug game is tied to heroin arriving from Africa, gangsters who double as gang interventionists, the Black Guerrilla Family (BGF) gang’s broad reach in prisons and the streets, and legendary old felons getting charged anew. Now, with federal drug-and-gun charges unsealed Nov. 26 against Nathan “Bodie” Barksdale, one man embodies all four themes.

The case involves Barksdale’s alleged dealings with co-defendant Suraj Tairu, a man with a 1990s New York conviction for helping to import heroin from Africa, and involves heroin contained in an “egg-shaped object”—a type of heroin packaging that is commonly swallowed and later excreted by so-called “internal smugglers” from Africa who bring them to the U.S. on commercial airline flights. Initially, only Tairu was charged in the case, on Sept. 12, and court documents state that he was supplying heroin to “a long-time, high ranking member of the BGF”—who, once the indictment was unsealed, was revealed to be Barksdale.

Barksdale grew up hustling in West Baltimore’s since-demolished Lexington Terrace projects in the 1970s and 1980s, and by the end of that decade he had become a local criminal legend whose violent exploits were depicted in a 2009 docu-drama project spearheaded by Kenneth Antonio “Bird” Jackson, a stevedore and strip club manager with his own outsize past in Baltimore’s drug game. The project, The Baltimore Chronicles: Legends of the Unwired, claimed Barksdale was the inspiration for Avon Barksdale, a key character on the HBO series The Wire—a claim The Wire’s co-creator David Simon rejects. Two other old school Baltimore gangsters whose identities were used to create Wire characters—Savino Braxton and Walter Lee “Stinkum” Powell, whose names were applied to characters who were enforcers for Avon Barksdale, Savino Bratton, and Anton “Stinkum” Artis—have also faced federal drug charges in recent years and are now in federal prison.

The Baltimore Sun’s reporting on Barksdale’s latest arrest revealed that he’d been working as a gang interventionist for Safe Streets, a publicly funded project managed by local nonprofits that seek to employ ex-felons to diffuse street violence before it happens. The Sun’s coverage quoted Safe Streets’ Delaino Johnson, director of the outfit’s branch in Mondawmin, as saying Barksdale “had a large impact on reducing violence in our targeted area.”

In a wide-ranging City Paper interview in 2009 for a feature about Unwired, Barksdale described how, at that time, he worked “informally” with his nephew, Dante Barksdale, a Safe Streets worker, to help stem violence among the younger generation.

“I try to keep some of them from traveling the same path I’ve traveled,” Barksdale said, noting that, “when I show up, it keeps some stuff from happening.”

Hiring ex-felons as street-violence mitigators has long been proposed and carried out, with mixed results. Radio talk-show host Marc Steiner in 2008, for instance, urged “cities, states, philanthropies, and businesses” to “spend millions” to “hire, train, and supervise hundreds of ex-felons to work in the streets with youth and families.” That year in Chicago, two anti-violence workers for the program after which Safe Streets was modeled, CeaseFire, were indicted and later pleaded guilty to drug dealing, and one of them, according to prosecutors, “promoted controlled violence among gang members in an effort to avoid subsequent and random retaliatory murders.” Also in 2008, the executive director of an anti-gang nonprofit in Los Angeles, No Guns, admitted to gun-running charges and another gang-interventionist pleaded no contest to drugs and firearms charges.

Subsequently, Safe Streets emerged in prior federal BGF cases in Maryland in 2009 and 2010. “Operation Safe Streets located in the McElderry Park and Madison East neighborhoods is controlled by the BGF, specifically Anthony Brown, aka ‘Gerimo,’” court documents in those cases state, adding that “BGF members released from prison can obtain employment from Operation Safe Streets.” Another Baltimore anti-violence nonprofit that previously had received Safe Streets funding, Communities Organized to Improve Life (COIL), employed two men who were convicted in that round of BGF cases: youth counselor Todd Andrew Duncan, who prosecutors described as the BGF’s “city-wide commander” at the time, and outreach worker Ronald “Piper” Scott.

Still, Baltimore’s Safe Streets program is credited with having stopped much bloodshed. A 2012 Johns Hopkins University evaluation of the program concluded that its workers mediated 276 incidents between July 2007 and December 2010, 88 percent of which “involved individuals with a history of violence” and three-quarters of which “involved gang members.”

Barksdale’s name emerged in the 2010 round of BGF indictments, which were investigated by the U.S. Drug Enforcement Administration. He was described in court documents as “an active BGF member” and a “B. Barksdale” was thanked in the acknowledgements section of The Black Book, a 122-page, soft-bound self-help guide published by BGF leader Eric Brown that authorities portrayed as a gang-recruitment tool whose sales helped finance the BGF.

“Hell, no!” Barksdale told City Paper at the time, when reached by phone at the number listed in the court documents and asked if he was an active BGF member. “I ain’t no motherfuckin’ member,” he says. “When I was in prison, I mean, yeah—but that was 20 years ago. I’m a filmmaker. I’m pushing 50, man. I’m too old for that. That’s for teenagers.”

In the current case, the heroin-possession charge against Barksdale and Tairu arises from their alleged interactions on June 22—when Barksdale allegedly tried to hoodwink Tairu after a police stop for a seatbelt violation resulted in the seizure of 1 ounce of heroin in the egg-shaped package. The stop occurred shortly after the two met at a Rite Aid parking lot off Martin Luther King Jr. Boulevard, court documents say, though Barksdale was not arrested. About a half-hour later, Barksdale called Tairu to explain what had happened and told Tairu that the police “took both of them.”

“Based upon that conversation,” a federal agent wrote in court papers, “I surmised that” Barksdale “had actually been in possession of two ‘eggs’ of heroin and that the second ‘egg’ was still” in Barksdale’s possession, but that he “misled Tairu into believing that both ‘eggs’ were seized.”

On Nov. 27, Barksdale pleaded not guilty to the charges, which are being prosecuted by assistant U.S. Attorney James Wallner, who handled the complex series of cases filed against the BGF in 2009 and 2010. Barksdale’s court-appointed attorney, Nicholas Vitek, declined to comment. The case was initially assigned to U.S. District Judge William Quarles, who scheduled a three-to-five-day trial starting Feb. 24, but on Dec. 6, the case was reassigned to U.S. District Judge George Levi Russell III.

Bad Seeds: Baltimore police misconduct profiled in lawsuits portrays a department beset by costly allegations of illegal violence and dishonesty

By Van Smith

Published in City Paper, Sept. 30, 2014

After Baltimore police officer Vincent Cosom apparently sucker-punched Kollin Truss at Greenmount and North avenues in June, it took about three months before a video of the incident hit the internet, prompting the matter to go viral in a maelstrom of media coverage and official handwringing.

Baltimore Police Commissioner Anthony Batts reacted quickly, holding a press conference on Sept. 16 at police headquarters. Speaking before a battery of television cameras and backed by a phalanx of white-shirted high-level police the day after Truss filed suit against Cosom, he said, “much like the public, I was shocked, I’m outraged, I’m disgusted by what I saw by an employee of the Baltimore Police Department.”

Batts, who has had his post for two years now, also acknowledged the incident was part of a broader police-misconduct problem that he’s been trying to tackle, saying that “these issues didn’t take place or were not built in the last two years,” and that “it’s going to take more than the last two years to correct them, but they will be corrected.”

Deputy police commissioner Jerry Rodriguez also took to the podium, asserting that “what defines the Baltimore police department is not just one incident” and that there are “many challenges that these officers face on a daily basis, in large numbers . . . in a very professional and heroic way.”

Batts suggested a way forward: “We rebound by doing the job correctly, professionally, constitutionally,” he said. For those who don’t work that way, he had foreboding words: “If there’s bad apples within the organization, we move them out. We get rid of them.”

In many cases, though, the damage is already done, and taxpayers have had to pay. A parade of settlements involving legal claims of police misconduct have come before the Baltimore Board of Estimates this year, including: $49,000 to Charles Faulkner, who claimed he was beaten while in handcuffs during his arrest; $63,000 to Ashley Overbey, on whom police used a stun gun in her apartment; $40,000 to Alex C. Dickson, who was injured in a fight with police trying to enter his apartment; $62,000 to Bolaji Obe and Akinola Adesanya, who said an officer assaulted them in a parking garage; $26,500 to Leah Forde, who’d claimed she’d been falsely arrested and assaulted by an officer; and $75,000 to John Bonkowski, who said officers pulled him out of his car and assaulted him after he’d left a parking garage without paying. The amounts approved for settlement payments from the public coffers do not, of course, include the litigation costs already incurred by having to mount defenses to the claims.

The lawsuits keep coming. The same day Truss sued Cosom, Abduljaami Salaam filed one in federal court against several officers and Batts, claiming he was brutally attacked in July 2013 after witnessing the officers assaulting another man nearby. Salaam describes driving by the prior assault while it was in progress and then parking his car in his nearby driveway, when the officers approached and dragged him out of his car, beat him, hogtied him, and then continued to beat and kick him before falsely arresting him on eluding-police charges that were later dropped. Earlier, on Sept. 5, Jermaine Lyons sued three officers, claiming they cavity-searched him in full public view in May 2013 after they stopped him as he was bicycling and asked him if he had any he drugs—a question he answered in the negative.

The Baltimore Police Department (BPD) is taking concrete steps to heal the damage to community trust that past bad conduct has wrought, including pursuing an effort to have police wear body cameras that record their actions and following the constructive criticism provided by an external audit of its internal-affairs function that investigates misconduct. Batts’ efforts have included the appointment of Lt. Col. Melvin Russell as chief of community partnerships, a new initiative designed to build bridges between BPD, communities, and their institutions, such as churches, in order to enhance public trust in the department.

Last year at an event at Enoch Pratt Central Library, Russell said Batts is trying “to go after the bad seeds in the department and pull them by the root and get’em out of the agency,” according to a transcript of the event. Batts, Russell added, “doesn’t accept it and he’s doin’ his best to root it out of his department.”

The department’s recent bad publicity includes a lengthy Baltimore Sun investigative story, published on Sept. 28, about more than 100 settled lawsuits involving claims of police brutality and other civil-rights violations. The story says that taxpayers have paid more than $11 million in settlements and litigation costs since January 2011.

The ongoing public outrage has not occurred in a vacuum. The Aug. 9 police shooting of Michael Brown in Ferguson, Missouri, spawned not only unrest in that city, but a national outcry over law-enforcement culture and its perceived insensitivity to communities’ desires to assure safety without intrusive, fearsome, dishonest, and brutal police tactics. A survey of recent police-misconduct litigation involving BPD suggests that, in Baltimore, such concerns may not be unfounded.

Makia Smith

In March 2012, Makia Smith was stopped in traffic when she noticed four BPD officers—Nathan Church, William Pilkerton Jr., Nathan Ulmer, and Kenneth Campbell—beating a man, and began using her cellphone to take pictures of the spectacle. One of the officers, Nathan Church, noticed what Smith was doing, and proceeded to grab and destroy the telephone by stomping on it before pulling Smith out of her car and beating her. The other three officers then joined in on the assault before arresting Smith, while threatening to transport her 2-year-old daughter, who was in car’s back seat, to the Department of Social Services. Charges that Smith assaulted Church and obstructed traffic with her car were later dropped. Smith received medical treatment for injuries to her face, neck, and body.

U.S. District Court judge Marvin Garbis in March ruled that Smith’s claims against BPD and Batts could go forward, despite their efforts to have them dismissed, and so the case is proceeding to two trials: first as to the individual officers, then as to BPD and Batts.

Church tried to have Smith’s lawsuit stayed because he’d sought bankruptcy protection shortly after it was filed, but Garbis denied the request, noting, “it appears that Defendant Church made false statements, under oath, to the United States Bankruptcy Court, regarding the pendency of the instant lawsuit.” More recently, former Baltimore City Solicitor Thurman Zollicoffer, now with Whiteford, Taylor, and Preston, and helping represent Church and the other officers, on Sept. 15 filed a letter to Garbis, asking the judge to allow the officers to file motions for summary judgment on the grounds that “Church had probable cause to arrest Ms. Smith,” since she’d “refused lawful orders” to move her car and produce her driver’s license.

One of the officers who joined in the beating of Smith, Ulmer, was named as a defendant in Salaam’s newly filed lawsuit, which, like Smith’s, alleges that “the Officers tormented Mr. Salaam by telling him that his son,” a 3-year-old who was present in the vehicle when Ulmer and the other officers allegedly beat him while he was restrained, “would be sent to Social Services.”

An important element of Smith’s case has been Church’s seizing and smashing the phone she was using to record the officers. The “factual allegations as to the March 8, 2012 incident, combined with the allegation regarding numerous other incidents,” Garbis wrote, “plausibly establish the inference that BCPD had an official policy or custom of preventing citizens from being able to record police officers performing their official duties in public.”

Shortly before Garbis’ ruling was docketed on March 25, BPD announced a new policy allowing citizens to record police conducting their business, as long as the recordings don’t interfere with police business, an announcement that came on the heels of the city agreeing to a $250,000 settlement of a lawsuit brought by a Howard County man who said BPD officers seized his phone and deleted video of them making an arrest at the 2010 Preakness at Pimlico Race Course. The new policy tightens up an earlier one that the U.S. Department of Justice said did not go far enough to protect citizens’ rights.

Troy Williams

Troy Williams says he is cousins with Lt. Col. Melvin Russell, the BPD’s chief of community partnerships, a connection that would seem to give him an edge after, as he claims in a lawsuit filed in April, a BPD officer struck him unconscious with a police radio in July 2011 as Williams walked out of a church where he’d gone to attend a friend’s funeral, and police then filed false drug-possession charges against him. The attack, Williams claims, was part of a conspiracy to retaliate against him for filing an earlier police-brutality complaint. Whether or not Williams’ family tie helps his cause remains to be seen, as the court proceedings are at an early stage, with the officers claiming that their alleged conduct was not a conspiracy and fell within the scope of their duties, even if unauthorized.

Williams’ suit asserts that Brian Flynn, the officer who allegedly attacked him, did so because he’d filed an internal-affairs complaint about a month earlier, after seeing another unnamed officer beat a man in a jail cell where Williams had been briefly locked up without charges. Williams claims that the unnamed officer, like Flynn, served under Russell at the time, and that Williams later told Russell about the brutality complaint he’d filed. Flynn only realized he was dealing with his superior’s cousin, the lawsuit explains, after he’d struck Williams unconscious, when another officer arrived on the scene and informed him.

At that point, the lawsuit states, in “an effort to save face,” Flynn asked Williams “where it was” without saying what “it” was, and then “threw Mr. Williams in the backseat” of a cruiser and drove him to the Johns Hopkins Hospital emergency room. There, Williams’s scalp was “closed with surgical staples,” and Flynn allegedly told the emergency-room staff “to note in Mr. Williams’ file that Mr. Williams is addicted to heroin, which is a pattern, practice, and/or policy and custom . . . utilized by police officers after they have brutally attacked so-called suspects.” The lawsuit adds that “Mr. Williams is not a heroin addict and Defendant Flynn had no reason to believe that Mr. Williams was a heroin addict.” After Williams’ release from the emergency room, another officer, Dane Hicks, booked him on drug-possession charges that were later dropped, since “there was never any controlled dangerous substance recovered,” the lawsuit states.

Williams’ lawsuit includes allegations that the city is loath to hold officers accountable for their misdeeds. It is “not news to anyone in” BPD or the mayor’s office, the lawsuit states, “that officers are free to make false arrests and manipulate evidence without fear of meaningful punishment or reprimand because their supervisors control their punishments, and there is a pattern, practice, and/or policy and custom” of “not punishing officers’ misconduct or providing meaningful reprimand, many times involving backdoor deals.”


Daniel Rockwell

Rockwell, who court documents describe as “mentally challenged,” fled to the roof of his house when officers arrived there to serve an arrest warrant on him in February 2011, and, as he moved to reenter the house as directed, police officer Clyde Rawlins used a stun gun on him, and Rockwell fell off the roof of his house, resulting in fractured vertebrae. After Rockwell landed on the ground, officers rolled him over onto his stomach and handcuffed him with his arms behind his back.

Rockwell was a minor at the time of the incident. His lawyers’ efforts to obtain police documentation about the incident, which would provide them with the officers’ names and official accounts of what happened so that a lawsuit could be filed, were stymied by BPD, and initially the department took the position that no such records existed. Eventually, Rockwell sued over the issue and won in February 2013, when a Baltimore City Circuit Court judge ordered BPD to turn over its records of the incident. Rockwell and his mother, Demetria Holden, filed suit shortly thereafter.

Rockwell’s lawsuit is now in federal court, and in March U.S. District judge Richard Bennett ruled that it survived efforts by BPD and Rawlins to have it dismissed. The case against Rawlins, alleging assault and battery and gross negligence, will be litigated first, followed by claims that BPD engaged in a civil-rights conspiracy by withholding documentation of the incident.

Working on Rockwell’s behalf is Robert Klotz, a police-procedures expert who used to run the Washington, D.C., police department’s special operations division. Klotz is quoted in court filings as saying that the way Rawlins allegedly used the stun gun against Rockwell “would be a violation of the national police standards” and that “no reasonabl[y] trained officer could believe this action would be proper.”

The legal battle over Rockwell’s claims has been pitched. Recently, Rawlins’ attorneys moved to bar Rockwell’s statements from proceedings in the case, since he has been deemed in criminal courts to be incompetent to stand trial. “Rockwell conveniently claims that he is incompetent when it suits his purposes to avoid criminal prosecution,” the filing states, “but then inexplicably becomes competent when it serves his purpose of extracting money from the City of Baltimore.” In addition, the filing claims “Rawlins feared that Rockwell was reaching for a gun,” and “deployed his taser against Rockwell in self-defense.”


Mark Harrell 

Though his case was dismissed in April, the racial-discrimination suit brought by Mark Harrell and a woman, Roslyn Wiggins, revealed what U.S. District Court Judge Catherine Blake described as “unacceptable behavior by members of the Baltimore City Police Department, including a warrantless home search.” In essence, Harrell and Wiggins may have received a better result in court had they sued not over allegations of discrimination, but over violations of the U.S. Constitution’s protections against unreasonable searches and seizures.

The suit was filed against BPD officers Joseph Donato, Valentine Nagovich Jr., Iris Martin, and William Rivera. Nagovich and Donato each wrote police reports when, in September 2010, they arrested Harrell for loitering and impeding traffic. Nagovich simply stated Harrell was arrested after he was ordered to stop loitering, and after about 45 minutes, he still was—while also arguing with and cursing at the officers. Donato’s report added that Harrell “appeared to throw a dark object into the door” of a house, and, after Harrell’s arrest, Donato “used force to enter the front door” of the house, damaging the door, despite having no warrant to do so.

In her ruling, Blake wrote that the version of events related by Harrell and Wiggins “adds troubling details regarding police behavior,” including that Donato “completely destroyed” the door to the house and that, when asked what he was arresting Harrell for, Donato said, “I’ll think of something.” A few days later, Harrell was again arrested, and this time when Donato was asked what the charges were, he allegedly responded: “Let’s take it up a notch, how about conspiracy?” Harrell was placed in a police cruiser, at which point he was allegedly shown what appeared to be heroin and asked, “Oh, what do we got here?” After 17 hours in lockup, Harrell was released without charges.

Donato’s been in trouble before, drawing lawsuits for a drug raid based on an allegedly perjured warrant and for allegedly assaulting a man whose cellphone he seized because the man was using the phone to record the police beating two men in handcuffs. Blake’s ruling in the case brought by Harrell and Wiggins states that “since the events alleged in this case, Donato and Rivera have been removed from active duty as a result of disciplinary actions, although they remain employed by the Baltimore City Police Department.”


Thomas Robert Foster Jr.

In a case that shows the potential value of installing surveillance cameras around one’s home, Thomas Robert Foster Jr. and his father and sister sued several BPD officers for false arrest, a falsified sworn statement of probable cause, and an illegal search of their home. The accused officers—Thomas E. Wilson, Keith Gladstone, Carmine Vignola, and Gregory Fisher—have not answered the lawsuit, which was filed last December, but a motions battle that resulted in the city being dismissed as a defendant has revealed key facts and circumstances.

On May 24, 2012, Foster exited his home, an act that was recorded by his surveillance cameras. Moments later, he was arrested by Wilson and Fisher, and Wilson allegedly punched Foster in the face while he was handcuffed. Wilson’s sworn statement to justify Foster’s arrest says he was carrying a black bag containing drugs when he left his house. What the camera recorded, though, was Foster walking out of his house “without a black bag or any similar item in his hands,” according to court documents.

Immediately after arresting Foster, Wilson and Fisher entered Foster’s home without a warrant, and were soon joined by Gladstone and Vignola—all of which was captured on video. Wilson then sought a warrant to search the house, and in doing so swore, once again, that Foster was carrying a black bag with drugs in it. Still, Foster was indicted and held in jail for 197 days before prosecutors declined to pursue the charges.

Foster’s lawsuit points out that Wilson has a track record of “making false representations to a Court,” having drawn a rebuke from a federal judge in a 2003 for telling “knowing lies” in testimony and an affidavits in a criminal case, yet BPD “allowed him to remain in his position as a drug enforcement officer.”


Marlow Humbert

After spending 14 months in jail before rape charges against him were dropped in July 2009, during which time he was dubbed the “Charles Village Rapist” in the media, Humbert in March convinced a federal judge that his malicious-prosecution claims against three BPD officers—Christopher Jones, Dominick Griffin, and Caprice Smith—should proceed. DNA tests excluded Humbert as a suspect within a month of his arrest, yet, despite the victim’s apparent uncertainty in identifying Humbert as the man who raped her, the case continued as Humber languished in jail.

In their effort to establish probable cause to arrest Humbert for the rape, according to the judge’s ruling in the case, officers may have purposefully misconstrued the strength of the victim’s photo-identification of Humbert, and then, at Humbert’s arraignment, they apparently ignored the victim’s statements that she “had even more doubt” that they had the right suspect after seeing Humbert in person.

The defendants contend that the victim’s identification of Humbert was, in fact, positive, and so they continued to prosecute the case, despite the DNA exclusion. The charges were dropped, court documents state, due to the victim “becoming discouraged with the justice system due to numerous postponements,” so “she no longer wanted to participate in the case.”

A one-week trial is scheduled to begin in the federal courthouse in Baltimore next April, but a key question is still undecided: will the victim, who has since moved to Flint, Michigan, be required to testify in person or via live transmission from another location? Court documents say “she reports to fear for her safety” in Baltimore, yet the defense attorneys point out that Flint “is more dangerous than Baltimore” and is “the second most dangerous city in the country.”


Jerome Dale

The way Jerome Dale puts it, in January 2011 he was chased by two men through the streets of Baltimore at night during a snowstorm, escaped his pursuers by catching a passing MTA bus, and then got off the bus to seek protection from police officers at a 7-Eleven—but the officers he was asking for help proceeded to arrest him when the victim of an earlier rape arrived, with the men who had been pursuing Dale, and identified him as the rapist, though one of the officers noted that the identification was weak. As a result, Dale—who in 1979 was awarded the Young American Medal for Bravery by President Ronald Reagan for rescuing two small children from a house fire—spent seven months in jail until DNA exonerated him and the charges were dropped.

Dale’s complaint alleges that BPD officers “knew that they did not have probable cause to” arrest Dale since a “note written by one of Mr. Dale’s arresting officers” stated that “they didn’t believe that Mr. Dale committed the reported rape.” Yet, as they proceeded with the case, they “hindered the testing and production” of his “exonerating DNA evidence,” the complaint continues, “as a means of prolonging the revelation that they had, in fact, arrested and charged another innocent man.” The lawsuit makes references to Humbert’s case, arguing that Dale’s alleged experience is part of a trend, in which “false arrests are made in reported rape cases and, subsequently, the testing and production of exonerating DNA evidence is hindered” while the accused “are left to languish indefinitely in pre-trial incarceration.”

A key part of Dale’s claim is that the police ceased investigating the victim’s reported rape once they’d arrested Dale base on the victim’s identification, and “did not make any attempt to confirm Mr. Dale’s alibis, despite his vehement statements that at least four different people could attest to his whereabouts on the evening” it occurred. This, the lawsuit alleges, goes against federal, state, and city law-enforcement guidance that an “investigation will not be concluded or otherwise cease based solely on a potential eyewitness identification,” but “will continue until all physical evidence has been collected and examined, all witness identified, and all reasonable leads explored.”


Guy Jackson 

After allegedly being forced by two men with guns to drive a stolen vehicle to a West Baltimore intersection, where the men got out and started shooting at someone, Guy Jackson was shot by police while he sat in the car in April 2013. It’s what happened afterward, though, when Jackson was being treated at Maryland Shock Trauma that, according to a federal judge’s July ruling, is a triable claim of unreasonable search and seizure.

BPD homicide detective Julian Min—whose prior police conduct contributed to the city settling a lawsuit over a young man’s false attempted-murder charges—arrived at Shock Trauma about six days later and allegedly told the doctors treating Jackson that he was taking him to the medical facility at the Baltimore City Jail. The doctors advised him not to, but Min escorted Jackson out of the hospital anyway, and instead interrogated him at police headquarters before putting him out on the streets. Jackson was thus left outside near President Street, his jaw wired shut and a feeding tube inserted in his stomach, wearing only a hospital gown.

Jackson, along with the one other man who survived the barrage of police bullets, remains charged with attempted murder, along with handgun and stolen-vehicle counts. But his attorneys maintain he is charged for a crime that prosecutors know he didn’t commit.


Anthony Anderson Sr.

After Anthony Anderson died as a result of a 2012 beating he received by BPD officers Todd Strohman, Michael Vodarick, and Gregg Boyd, his family and his estate sued the officers, the city, and BPD last October. In March, U.S. District Judge George Russell III let the city and BPD out of the case, but it’s proceeding against the officers, who, though the medical examiner ruled Anderson’s death a homicide, were not charged criminally, since their use of force against Anderson was not deemed excessive.

Anderson’s lawyers paint a partial picture of the incident in the lawsuit, not making any mention of the much-publicized facts that police had observed Anderson conducting a hand-to-hand drug deal and that, after they’d restrained him, they found drugs in his mouth. Nonetheless, Russell’s brief recitation of what happened, memorialized in his ruling, bears repeating.

Anderson “was returning home from a local corner store on September 21, 2012,” Russell wrote, “when Officer Strohman approached him from behind in a vacant lot, lifted Anderson from his knees, and threw him to the ground head and neck first. Officer Strohman handcuffed Anderson while he lay on the ground. Moments later, Officers Vodarick and Boyd approached. The three officers proceeded to kick Anderson repeatedly in his ribs, stomach, back, and chest, causing him significant injuries from which he later died.”


Yardell Henderson

In August, Yardell Henderson won a $100,000 verdict from a Baltimore City Circuit Court against BPD officers Kody Taylor and Matthew Sarver, over a 2010 incident in which they beat up Henderson, who was 16 years old and about 120 pounds at the time.

Henderson’s attorney, Cary Hansel, issued a press release after the verdict, claiming that the officers first “provoked” Henderson to run from them “by shouting racial epithets and other insults at him,” and then chased him to behind his home, where, before witnesses, he was “beaten, punched, kicked, choked and handcuffed,” and then “transported to a different location,” where “he was searched and released without charges.”

Hansel argued that the officers’ decision to move Henderson was “part of a cover up so that when supervisors responded to the minor’s new location, there would be no witnesses there to the attack,” and that the incident was “a pretext to search and interrogate” Henderson “about any crime in the area.” Henderson, though, “had no such information to provide them and the search turned up no contraband.”

Taylor and Sarver have left BPD, according to Hansel, and during the trial Taylor refused to testify about what led to his departure: “an integrity sting” that “resulted in allegations that Taylor was involved with pocketing money recovered from an undercover officer posing as an arrestee.”


Christine Abbott

After BPD officers Lee Grishkot and Todd Edick arrived at a party in Hampden in June 2012, responding to a noise complaint, they talked with Jacob Masters Jr. and asked him to put out his cigarette. When Masters refused, they threatened to use a stun gun on him, at which point Christine Abbott intervened, asking the officers and Masters to “calm down” and suggesting there was “no need” to make such threats, according to the lawsuit Abbott filed against Grishkot and Edick last November.

At that point, Abbott claims, the officers “grabbed” her and “threw her to the ground,” causing her “dress to go up over her back, revealing her underwear” and her shoulder to be “cut and bleeding.” When the officers stood her up, her “dress was ripped” and her “breasts were exposed,” yet they “refused to allow” Abbott to “pull up her dress or otherwise conceal her breasts.” They then handcuffed her and put her in a police transport van, but “did not strap or harness her in the back” of the van, which they “maniacally drove” to the police station, “thereby tossing” Abbott “around the interior of the van,” causing “further injuries.”

Abbott was charged with “assault, resisting arrest, obstructing and hindering, and disorderly conduct,” and was detained for 19 hours before being released. The charges against her were later dismissed. Grishkot and Edick have denied wrongdoing, but admit that some of Abbott’s allegations are true, including that they threatened to use a stun gun on Masters and that Grishkot threw Abbott into the van and proceeded to give her a rough ride.

 

Frisky Business: Faked drug-dog certification puts Baltimore drug-money forfeiture at risk

By Van Smith

Published by City Paper, July 23, 2014

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Early last year, the U.S. Supreme Court elevated the legal status of drug-detecting dogs, ruling that a police search can be presumed lawful if it is predicated on a positive alert by a well-trained dog with basic paperwork. Such training, though, is bunk if not accompanied by valid certification of the dog and its handler. Not only was it lacking in an ongoing drug-money forfeiture case in Maryland U.S. District Court, in which the government is seeking to keep $122,640 in cash seized last September from a passenger’s luggage at Baltimore-Washington International Airport, but a fraudulent certification was produced by Maryland Transportation Authority Police (MTAP) and used by federal prosecutors, who sought to disguise and downplay the document’s false provenance, according to a Baltimore attorney’s recent filing in the case.

When the government is caught producing a fraudulent document in litigation, and then proceeds to stand by it, suffice it to say the matter is highly sensitive. It came to light during a July 9 deposition in the forfeiture case, which the government filed last December, and was made public last week in a claimant’s motion to dismiss the case.

The claimant is an Indiana real-estate investor, Samantha Banks, whose attorney, C. Justin Brown, asked U.S. District judge James Bredar not only to dismiss the case, but to “impose any other sanction the Court deems appropriate, on the grounds that the Government violated its duty of candor,” the motion states. The lead prosecutor, Stefan Cassella — a titan in the field, who wrote a 1,250-page book on federal asset-forfeiture law — cited personal reasons in asking for an extension until September to respond to the dismissal motion.

Brown’s motion calls to mind a dust-up last year involving Cassella, when he was reprimanded in another drug-related asset-forfeiture case by U.S. District judge Paul Grimm for coming “uncomfortably close” to violating his “duty of candor to the Court” by disingenuously cherry-picking supportive elements of cases in prior court rulings that, in their entireties, actually undermined the government’s position.

“The motion speaks for itself,” says Brown of the Banks’ case, “and beside that, I can’t comment.”

Maryland U.S. Attorney’s Office spokeswoman Marcia Murphy provided an emailed statement, saying that “we are looking into the document issue” and that “there was no intent to deceive anyone.” She also explained that Cassella is “on long-term family medical leave, and we won’t be able to respond to the claim until he returns,” but “the U.S. Attorney’s Office will file a full response to Mr. Brown’s allegations.” She noted that “the dog did not find the money,” but “subsequently was brought in to sniff the currency” after “a Transportation Security Administration [TSA] employee found $122,640 bundled in heat-sealed plastic in a bag checked for a flight from Baltimore to Atlanta.” The money, Murphy added, “is subject to forfeiture if it is from an illegal source, regardless of whether it had the odor of drugs.”

The cash was seized last Sept. 12 from Jerry Lee Banks, Samantha Banks’ husband, after a TSA inspector opened his unlocked, checked luggage and saw “a clear plastic vacuum sealed bag containing a large amount of U.S. Currency” that was sitting “on top of the clothing,” wrapped in “black rubber bands,” according to an affidavit signed by U.S. Drug Enforcement Administration task-force officer Kevin Davis, which was attached to the initial forfeiture filing. Another bundle was found “concealed inside a pair of sweat pants located in the bag,” the affidavit continues, and still others were found “underneath more articles of clothing in the bag.” Jerry Lee Banks’ explanation for the money was that “he was in the real estate business and that some transactions are done in cash,” the affidavit states.

After the cash was seized, MTAP K-9 officer Joseph Lambert had his drug-detecting dog, Falco, sniff it, and Falco gave it a positive alert for the presence of narcotics. This is not surprising, since forensic studies have shown the vast majority of bank notes in circulation are contaminated with narcotics, especially cocaine.

Three days later, on Sept. 15, Samantha Banks talked on the phone with law enforcers about the cash. She “stated that she was the owner of Banks Management,” Davis’ affidavit explains, and that “she felt that she had done nothing wrong.” She told agents the money was for a real-estate purchase, though “she could not provide an address or a person that she was purchasing from” or explain why it was “concealed in a suitcase in vacuum sealed freezer bags.” She added that “she had researched how to travel with U.S. currency with TSA and Delta Airlines and stated that she wasn’t doing anything illegal.”

Within a month of the government’s December filing of the forfeiture case, Brown filed a claim for it on Banks’ behalf. The litigation proceeded in the usual fashion, with Cassella providing discovery to Brown, including documentation in support of the government’s seizure. On April 15, a packet arrived with a cover letter from Cassella, stating that the certification for Lambert and Falco, dated Aug. 16, 2013, was included. Cassella described it as “a reproduction of the original certificate.”

Brown’s motion last week called the document “a critical piece of evidence” because it “would have been operative for the dog and handler at the time of the narcotics scan of the defendant currency.” Brown’s attention was drawn to the document not only because of its legal significance, but because, as he wrote, it was “produced as a color copy,” the only document “produced in this form.”

Brown’s efforts to get more documentation from Cassella to back up the K-9 team’s training ended with a June 16 letter from Cassella, stating that “after a reasonable search of the files in the possession of MTAP’s training personnel, the certification score sheets and photographs for the Aug. 16, 2013 Certification cannot be located.” It added that “this office is unaware of any information relating to any lack of competency, integrity or reliability on the part of Cpl. Lambert.”

The game-changing day in the case came on July 9, during a deposition of Michael McNerney, described by Brown as the head trainer of MTAP’s K-9 trainers. Cassella and another assistant U.S. attorney, Evan Shea, who is not the attorney of record on the Banks forfeiture, at the last minute had tried to cancel the deposition, but Brown’s efforts to have it go forward prevailed — and it unearthed remarkable admissions by McNerney.

The sworn deposition of McNerney, a partial transcript of which is included in Brown’s motion, revealed that he believed the certification was a fake; that it had been made specifically for the Banks forfeiture case on a home computer by one of MTAP’s K-9 trainers, officer John McCarty, who provided it to Lambert; that MTAP’s chain of command knew about the document’s production, as did MTAP’s assistant attorney general, Sharon Benzil, and federal prosecutors Shea and Cassella; and that all of them, when he raised concerns about the document, responded by saying simply that it was a duplicate.

During a break in McNerney’s deposition, Brown “questioned the two prosecutors about how they could use such a document in litigation,” his motion states. “Shea initially claimed that he had verbally told [Brown] about the true nature of the document,” and when Brown told Shea “this was not correct,” Shea “then changed his position and stated that the nature of the document had been disclosed in a letter from Cassella,” a point on which “Cassella agreed.”

The two prosecutors then referred to the April 15 letter from Cassella that called the document a “reproduction of the original certificate,” and, according to Brown’s motion, “took the position that, by calling the document a ‘reproduction,’ they had adequately disclosed the truth about the document.”

They also “took the position that Cpl. Lambert, Officer McCarty, and others at the MTAP had done nothing wrong in this episode – despite Officer McNerney’s assertion that his colleagues had committed fraud. Shea and Cassella further stated that they had made no follow up inquiry and had not contacted either Lambert or McCarty about the document.”

Brown contacted McCarty, though, who explained that “because Lambert was his superior officer, he felt that he was compelled by a direct order to produce the certificate,” according to Brown’s motion. McCarty described the certificate as having “no value,” the motion continues, because it lacked “underlying documentation, and he had no way of knowing whether August 16, 2013, was the correct date of the certification. When he faxed the document to Lambert, he did not know that the document he produced would be passed off in litigation as a ‘reproduction.'” As Brown point out in his motion, “somehow, the certification was transformed from a black-and-white fax” sent to Lambert from McCarty “into a color document with a gold seal.”

After McNerney’s deposition, Brown’s motion states, “the U.S. Attorney’s Office proceeded as if nothing remarkable had happened.” Brown’s motion, though, suggests he was shocked at what had transpired.

“This episode,” the motion states, “amounts to a violation of the Government’s duty of candor and merits dismissal of the case. It is not disputed that the K-9 Falco and the handler Lambert were actually certified at the time in question. But to focus on that fact misses the point. What matters is the lengths to which members of MTAP and the U.S. Attorney’s Office went to mislead the Claimant and gain an advantage in litigation. What matters is the institutional harm caused when officers of the court commit this type of conduct. It is inescapable that the April 15, 2014, letter was designed to prevent the Claimant from learning the truth about how the document was created. In addition, it appears that the letter was at least partially intended to provide cover in the off chance that somebody discovered the truth.”

Cassella’s letter, despite his knowledge of the certification’s fraudulent origins, also vouched for Lambert’s character, stating that “this office is unaware of any information relating to any lack of competency, integrity or reliability on the part of Cpl. Lambert.”

In arguing for dismissal and sanctions, Brown’s motion stresses that “it is irrelevant that Falco and Lambert were probably actually certified around the time in question” because “the Supreme Court has rejected this very type of argument” in a case in which a party’s attorney had introduced into evidence an article the attorney had co-authored, but claimed the co-author was the sole author. When “proof of the fraudulent claim regarding authorship surfaced,” the Supreme Court noted that one can’t “escape the consequences” of deception just because the fake document’s contents were truthful, saying “truth needs no disguise.”

Whether Cassella and the U.S. Attorney’s Office can escape the consequences Brown is asking for is in the hands of Bredar, who will rule after Cassella responds to Brown’s motion sometime in the early fall.