Former Sonar and Talking Head co-owner Dan McIntosh got the best pot-conspiracy sentence he could: a decade in prison.

By Van Smith

Published by City Paper, Mar. 26, 2014

When law enforcers first picked up Daniel Gerard McIntosh in 2011 on charges that he was involved in a massive cross-country, decade-long pot-trafficking and money-laundering conspiracy, he failed to recognize how much trouble he was facing, according to the lead prosecutor in the federal case against him and 15 others, Assistant U.S. Attorney Deborah Johnston. McIntosh, Johnston said in court on March 20, told his arresting officers: “Listen, I don’t believe for one minute my government’s going to sentence me to life in prison for selling marijuana.”

It turns out McIntosh, a co-owner of the now-defunct downtown Baltimore nightclubs Sonar and Talking Head, as well as McCabe’s in Hampden, was right.

At McIntosh’s sentencing hearing at the federal courthouse in Greenbelt, Md., U.S. District Judge Roger Titus ended up giving him the statutorily mandated 10-year minimum sentence, followed by eight years of supervised release. Prosecutors had sought 20 years – a term Titus called “way in excess” of what McIntosh’s conduct deserved.

But until Titus pronounced McIntosh’s sentence just after 2 p.m., after about four hours of proceedings, the threat of being in prison until his 70th birthday approached, or even dying there, theoretically hung over the 38-year-old’s head.

Under the federal sentencing guidelines, tabulated as a result of rulings Titus made during the hearing about McIntosh’s criminal history and the amounts of pot ascribed to him as part of the conspiracy, as well as his role in the enterprise, McIntosh should be getting 30 years to life in prison. As Titus remarked after he’d determined the categories into which McIntosh falls, the guidelines’ calculation “produces a big number,” whereupon McIntosh’s court-appointed attorney, Carmen Hernandez, exclaimed “Outrageous!”

In the end, though, Titus called the 30-to-life recommendation “greatly in excess” of what McIntosh deserved and indicated that even the mandatory 10-year sentence was too harsh, saying a “10-year sentence for what this man has been involved in is a very stiff sentence.”

While McIntosh was convicted of conspiring to traffic in 100 kilograms or more of marijuana, participating in a money-laundering conspiracy, and interstate travel in aid of the conspiracy, the jury at his six-week trial in the fall of 2012 acquitted him of participating at a higher, 1,000-kilogram-or-more level, laundering money through Sonar, and maintaining Sonar and a house in Medfield as drug-involved premises.

In an apparent attempt to take the edge off the sentence, Titus promised to make recommendations to the U.S. Bureau of Prisons that “could reduce time” for McIntosh, saying there is “something salvageable about this defendant” and that “I have hope for you,” predicting he could “emerge from this a better man. It’s up to you.”

McIntosh has been incarcerated since his conviction in late 2012, so his release date should come in 2022 – or earlier, should he qualify for the limited early-release options afforded by the federal prison system.

During the hearing, Hernandez made impassioned factual arguments gleaned from evidence in the case, determining that the amount of pot McIntosh actually had been responsible for was 136 to 318 kilograms rather than the 2,066 kilograms Johnston had estimated to the court. Hernandez also tried mightily to persuade Titus that several of McIntosh’s prior convictions should not be counted in calculating whether he should be dubbed a career criminal, triggering the 10-year mandatory minimum, and that McIntosh was a “worker” in the conspiracy, not a “manager or supervisor,” as Johnston asserted.

Ultimately, Titus held McIntosh responsible for 954 kilograms of weed-the amount he’d determined after a hearing last year that resulted in a $6.3 million preliminary forfeiture order against McIntosh, which became permanent with his sentencing. Titus also agreed with Johnston that McIntosh was a manager or supervisor and dubbed him a career offender.

While Titus did not include in his calculations McIntosh’s 2004 Baltimore County pot-related conviction, ruling it was part of the conspiracy charged in the current case, he counted four others: a 2004 Baltimore City valium-possession conviction and three pot-related convictions in York County, Pa., arising from conduct committed over a one-month period in 1998 that had resulted in a two-year prison sentence.

The top three members charged in the conspiracy have not yet appeared to face the charges. Matt Nicka and Gretchen Peterson were arrested last summer in Canada, and David D’Amico, according to a press release from the Maryland U.S. Attorney’s office, is awaiting extradition from Colombia. A fourth, Jeffrey Putney, presumably remains a fugitive. Johnston told Titus during McIntosh’s hearing that some of those still awaiting their fate in the case will appear before him “in the hopefully not too distant future.”

When McIntosh entered the courtroom at the beginning of the day’s proceedings, his most obvious health problem – degenerative arthritis – was manifest: He limped in, aided by a cane. He also suffers from Lyme disease, Hernandez said during the hearing. When McIntosh made his statement to Titus, given while seated rather than standing, as is customary, due to his infirmity, he opened with a reference to the loquaciousness which earned him the nickname “Talking Dan.”

“First of all,” said McIntosh, still bearing his trademark mustache and soul patch, “I’d like to apologize because it is going to be difficult for me to speak, which is new to me.” He proceeded to sketch out a difficult childhood when he “felt abandoned by my father,” which “made me callous and mean.” This upbringing prompted him to seek solace in intoxicants at an early age, starting with beer and cigarettes at 11 years old, progressing by the time he was 17 to “crack, heroin, everything,” he explained, since he found that, through drugs, “I could alter how bad I felt.” He had “no reason to trust anyone” and “wound up in jail,” an “absolute hell” that he “came out [of] knowing that I had to do something better.” Though “I knew that I couldn’t fix everything,” he “had to take steps,” and he now wishes “that I had made them faster.”

“I got off [hard] drugs but I was still miserable,” McIntosh continued. “Music literally saved my life,” he explained, crediting Bob Dylan and other titans of the modern music pantheon as “my teachers,” helping him to “figure out a new way of thinking” and to “find a way of not being so abrasive.” McIntosh “obviously still was involved in marijuana,” he explained, and those “were not good choices,” but at the time, he thought “I could not inflict pain on people” by being so involved-“I have a different view of it now,” he said.

Eventually, as the years passed, “music and art gave me a place to be helpful.” He found that “I could be somebody, for the first time in my life, that I could be proud of”-though “not without mistakes.” He learned that “my most important job was actually my children,” and “the fact that this is happening is almost unimaginable.”

He tearfully told Titus that “when you love your children as much as I love mine, sir, two days away from them . . . 10 years, 20 years . . . I don’t know how my mind can even comprehend that.” Confirming the words Johnston attributed to him when he was first arrested, McIntosh told Titus that “I had no sense that I would ever get into this kind of trouble” and that “I was so stupid for not understanding the possibility of 20, 30, life.”

McIntosh also broke down in tears as numerous people testified on his behalf, pleading for the judge’s mercy. The principal of the Medfield school attended by McIntosh’s children called him a “decent and generous man” as he described the toll McIntosh’s post-trial incarceration since late 2012 had taken on their school performance. A businessman who coordinates volunteers for local shelters, who spoke of McIntosh “perpetually volunteering,” called him “contrite” and “a good guy.”

Roman Kuebler, McIntosh’s former partner in Talking Head and the frontman of the Oranges Band, credited McIntosh for having “really validated all of the things I’ve been doing in my life with art and music.” McIntosh’s stepfather called him a “difficult teenager” who “turned himself around” to become “an excellent father.” His wife, Danielle McIntosh, implored for leniency, saying “I really need my partner back,” as “I don’t have any help” raising their children.

John Bourgeois, a prominent Baltimore criminal-defense attorney, spoke highly of McIntosh at the hearing, describing him to Titus as “forthright and candid”-and called the guideline sentence of 30 years to life “horrific, out of all proportion in a civilized society.”

The 10-year mandatory minimum, Bourgeois added, “is a massive sentence.”

In an email to City Paper after the hearing, Bourgeois opined that “the government took an especially harsh approach to Dan because he insisted upon standing on his Constitutional rights by putting the government to its proof” and that “the sentence vindicates Dan’s decision to go to trial” because “my understanding is that Judge Titus sentenced Dan to substantially less time than the government offered in plea negotiations.”

 

Titus explained that part of his job at sentencing is to “avoid disparities” in penalties given the various co-defendants in a case, while assuring that a message of deterrence is delivered-and Hernandez tried to assist by pointing out the fates of others caught up in the investigation that snared McIntosh. One in particular she singled out: Jacob Jeremiah Harryman, a real-estate developer who was one of the first people arrested among many, though he was not charged in the federal case.

Hernandez told the court that Harryman was videotaped by detectives saying he got “a million dollars a month” at the height of his pot-dealing, yet today he is “out on the street.” Harryman “was not a nice man,” Hernandez said, yet “he got to keep most of that money” and “was way over Mr. McIntosh in terms of profit and drug-dealing,” asking “is that the message” of deterrence that should be sent?

Harryman, reached by phone, said he had “no comment” about Hernandez’s characterizations. Court records show he currently has an electrical-contracting company that recently settled a lawsuit over unpaid wages to nine workers-though a tenth one continues to press the matter.

During the hearing, Titus went down the list of McIntosh’s co-defendants who have already been sentenced-all but one of whom accepted responsibility and pleaded guilty rather than go trial. Andrew Sharpeta, Titus said, got 63 months in prison after cooperating and testifying at trial. Sean Costello got 57 months, and Daniel Fountain got 96 months. Ian Travis Minshall, who got 48 months, was “comically stupid,” Titus said, for continuing his pot-dealing career after using it to pay his way through West Virginia University. Michael Phillips got 70 months, and Ryan Foreman got two years. Jeremiah “Jeremy” Landsman, a Baltimore developer who procured properties useful for the conspirators’ drug-dealing operations and helped launder money, got 57 months. Adam Constantinides cooperated and got 70 months. Joseph Spain, who had “very grave health problems,” Titus explained, got a one-day sentence, deemed already served. Titus called Keegan Leahy, who got 36 months after being convicted of some charges at trial with McIntosh, a “foolish man” who piloted airplanes in support of the conspiracy.

Of those convicted, Titus had the most damning words for Anthony Marcantoni, a previously convicted pot dealer who did five years in federal prison and came out to open Ground Control Academy martial-arts studio in Owings Mills-while also immediately resuming work as a pot dealer. Marcantoni “did not please me at all,” Titus said, calling him an “absolutely incorrigible person” who benefited from a “very generous plea agreement” obtained through “skilled negotiations,” resulting in “the highest sentence in this case so far,” 121 months-a month more than McIntosh.

Hernandez sought to minimize McIntosh’s role compared to these others, saying he did not, as others did, use fake identification; go on the lam; have attorneys’ fees paid by Nicka; or perjure himself to the grand jury investigating the matter, as did Landsman and Fountain (who also ran from the charges until being caught and brought back from California). Hernandez argued that “perjury before a grand jury is more damning to our system of justice than marijuana.”

 

McIntosh realized “so little enrichment” from his involvement in the conspiracy, Hernandez continued, that “it just boggles the mind that he is the person the government paints.” She added that Sharpeta, Minshall, and Landsman were “people who were integrally involved” and that “this conspiracy could not have run without them,” but McIntosh “had stopped” his involvement “more than two years” before the indictment came down in late 2010.

Johnston, though, while asserting “this is a sad day for all of us” and that she has “deep sympathy” for McIntosh’s wife and children, urged a long sentence for McIntosh. “He got a second chance” after his Pennsylvania convictions landed him in prison for two years, she said, but “he ignored that.” McIntosh’s crimes caused harm, Johnston said, because “we don’t know how many kids” ended up smoking the pot he dealt, causing them to miss school and waste opportunities for advancement, “so there is still an impact on the community.” And while the other conspirators “accepted responsibility,” McIntosh “has not done that,” which is “the first step” to rehabilitation. Given “the harm he has done” due to “his own selfish acts,” she urged a 20-year sentence, “well below the guideline range” of 30 years to life.

After the hearing, while chatting with well-wishers and McIntosh’s family and friends in the courthouse parking lot, Hernandez was almost embarrassed to be celebrating the outcome. “It’s a warped system,” she said, “that, for a non-violent marijuana offender, I’m celebrating that he got 10 years.”

Risky Business: Potrepreneurs’ High-Flying Operation Faces a Pricey Reckoning

By Van Smith

Published in City Paper, Aug. 15, 2012

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The Lancair IV-P airplane is a sleek four-seater, capable of flying 330 miles per hour and more than 1,500 miles on a tank of gas. The one that was seized in June 2009 from Rocky Mountain Metropolitan Airport, near Denver, had been purchased the previous summer for $450,000. The buyer, a Delaware company called Air Sky Holdings LLC, still owed the seller about $64,000. But the Lancair was not repossessed due to outstanding debt. The U.S. Drug Enforcement Administration took it.

What led law enforcers to that Lancair was a game-changing series of events for a sprawling, sophisticated outfit of Baltimore-based potrepreneurs whose illicit, high-volume business had been a veritable license to print money. Its seizure didn’t immediately end the flow of eye-popping amounts of premium weed they’d been moving, but it was a red flag, putting key players on notice that the gig was nosediving into a forest of cops, lawyers, and judges.

And nosedive it did, ultimately resulting in at least three federal cases and possibly dozens of state-level ones, all in Maryland. The central federal case accuses 16 people, indicted in Dec. 2010, of participating in a Baltimore-based conspiracy that used not only airplanes, but trains, trucks, warehouses and other real estate, and legitimate businesses—including Baltimore’s now-shuttered Sonar nightclub (“Future of Sonar in Doubt” May 4)—to perpetuate its sophisticated efforts to satisfy the seemingly bottomless market for weed (“Smoked Out,” Mobtown Beat, Feb. 29).

The $30-million, decade-long operation, evidence in the case shows, got its pot from Canada and California, then distributed it not only in the Free State but also in Pennsylvania, Louisiana, Kansas, Florida, Ohio, North Carolina, and Georgia (“The Smoke Thickens,” Mobtown Beat, March 21). Four of the defendants are fugitives, and all but four of the remaining 12 have pleaded guilty. The final four, if they don’t plead guilty soon, are scheduled for a month-long trial starting in September.

When law enforcers discovered the plane’s connection to the alleged pot conspiracy, one of the first pieces of the house of cards to fall was an actual house in Woodberry Woods, also called Green Acres, near Television Hill, which the conspirators quickly abandoned.

That house, at 4210 Clarkdale Rd., sits amid thick forest cover at the end of a dead-end street. It had been purchased in Aug. 2007 for $367,000 by Clarkdale Properties LLC, a company formed the same day the deed transferred. The LLC was formed by Anthony Thacker, an alias for Matthew Nicka (pictured), according to a federal forfeiture lawsuit that put the property in government hands.

Nicka allegedly used the house for nearly two years to receive, repackage, and distribute large volumes of weed, and to count lots and lots of money, according to the forfeiture case. “The money was counted approximately three to four times a week,” according to court documents, “and bundled into $50,000 increments and then placed in Tyvex [sic] envelopes in $300,000 increments.”

“Nicka abandoned the Property and left Baltimore” shortly after a house in Hampden was raided, court documents say—the same raid that drew a bead on the Lancair. He remains a federal fugitive.

Other than the alleged Nicka conspiracy, a related federal case against two others implicated in the operation—Kevin Brandes and Michael Borakove—has already wrapped up with guilty pleas. Brandes is serving a four-year prison term, and Borakove got 18 months. According to their plea agreements, they dealt many thousands of pounds of pot from Canada and California between 2002 and 2010, at prices between $2,200 and $5,000 per pound. Taking the least amount they dealt—8,000 pounds—at the lowest price, that translates to at least $17,600,000 in transactions.

One of Brandes and Borakove’s suppliers during the earlier part of their conspiracy was Jeremiah “Jeremy” Landsman, according to court records. A Baltimore real-estate developer whose JBL Real Estate owns, via one of its many LLCs, the Hickory Avenue house where the Lancair documents were found, Landsman’s companies own or co-own numerous Baltimore-area properties. Several of them also figure in the alleged Nicka conspiracy, including properties leased by Sonar and McCabe’s Restaurant in Hampden, both of which were or are operated by another Nicka co-defendant, Dan McIntosh. Landsman pleaded guilty to his role in June and is scheduled to be sentenced in November.

In his plea, Landsman admits to using properties owned by seven of his companies to help facilitate the massive pot conspiracy. By City Paper’s count, those companies own 46 properties in the Baltimore area—24 in Hampden, 14 in Fells Point, one in West Baltimore near the Gwynns Falls, five in Mayfield, and two in Towson—though his plea does not specify which ones were used to aid the conspiracy. Under his plea agreement, the only properties he will turn over to the government are seven garages behind Keswick Road in Hampden. In addition, he agrees to hand over $200,000 to the government—but he’s escaped obstruction-of-justice charges for lying before the federal grand jury investigating the conspiracy.

Another Baltimore developer, Jacob Harryman, was one of the biggest customers of Brandes and Borakove, according to their pleas. Harryman, while not indicted in federal court, figures prominently in the evidence of both cases. In addition, as a result of a wiretap on Harryman’s phone, in Nov. 2010 at least 21 people were arrested on pot-related charges amid a series of police raids around the Baltimore region.

The third and earliest case related to the sprawling federal investigation appears to have been against Charles Koplow, whose name appears in charging documents in the Nicka case. Koplow was charged in Nov. 2009, the same month he pleaded guilty to conspiring to deal 100 kilograms or more of pot between Oct. 2007 and May 2008. In his guilty plea, he admits to running a threatening operation involving guns, an assault, and a robbery. This past May he was sentenced to two years in prison.

Of the 16 defendants in the Nicka case, four remain at large: David D’Amico, Jeffrey Putney, Gretchen Peterson, and Nicka himself. Only four of the remaining 12 – Keegan Leahy, McIntosh, Anthony Marcantoni, and Ryan Forman – have not pleaded guilty. They are running out of time to do so, since the month-long trial-and the defendants surely are hoping this isn’t a bad omen-begins on Sept. 11.

From small things, big things can happen and such is the case with the Lancair.

On March 11, 2009, a police investigation out of Montgomery County, Md., brought a drug-sniffing dog to storage unit 8-14 at S&E Mini Storage on Wilkens Avenue, next to St. Agnes Hospital in Baltimore. The dog smelled drugs, and a week later, on March 18, a surveillance team watching the storage unit hit pay dirt.

The team saw one of the subjects of the probe, Adam Constantinides, enter the unit around 11 A.M. with some empty cardboard boxes. When he left, he carried three full cardboard boxes, which he put in his 2001 Ford truck. The team followed Constantinides to Bond and Aliceanna streets in Fells Point, where he handed the boxes to Jeffrey Putney, who put the boxes in his Toyota 4-Runner. He drove to the rear of 3522 Hickory Avenue, in Hampden, and took the boxes inside.

While they were being followed, Constantinides and Putney pulled U-turns and drove across parking lots and down dead-end streets. Their tactics didn’t work. Moments after Putney left the Hickory Avenue house and drove away, he was pulled over. He had $2,000 cash on him and another $5,000 was in the truck.

When investigators searched the storage unit, they found more than 30 pounds of pot. What was inside of 3522 Hickory Ave., though, suggested something huge-and explains why Nicka fled Baltimore.

In addition to nearly 100 pounds of pot, the house contained about 30 cell phones, four money-counters, two scales, $20,000 in cash, money wrappers, and drug tally sheets detailing more than $1.5 million in transactions. Also found: documents about the purchase and maintenance of a Lancair aircraft, tail number N516DB, and near them, paperwork reflecting prices and amounts of drugs, including the names of customers and suppliers.

Air Sky Holdings, the airplane’s owner, is incorporated in Delaware, a state where corporate charter laws can make it difficult to ascertain companies’ true owners. But documents in the Hickory Avenue house allowed investigators to pierce the veil: three men – David D’Amico of Baltimore and Massachusetts; Keegan Leahy, a licensed pilot from Chicago who has a Canadian passport; and Sean Costello of Hawaii-controlled Air Sky.

Five days after the Hickory Avenue raid, D’Amico, Leahy, and Costello had met in San Francisco to put in place financial maneuvers intended to conceal their connection to the aircraft and their drug-derived cash, according to court documents. On April 1, 2009, about two weeks after the raid, D’Amico left the United States for Caracas, Venezuela, and he remains a fugitive.

The Lancair was at the Rocky Mountain Metropolitan Airport undergoing repairs when law enforcers showed up to take it. Why was it there? Just like the far-flung pot conspiracy that helped its owners acquire it, it crashed.

The Nicka indictment seeks to take $30 million in allegedly illicit proceeds from the defendants, but a little math would indicate that’s a very conservative estimate of how much the operation may have yielded.

According to evidence in the case, Marcantoni, who owns martial-arts studio Ground Control Academy in Owings Mills-there are others in Canton and Columbia-was distributing 500 to 750 pounds of pot each month. If true, that translates to 6,000 to 9,000 pounds annually. The operation dealt in high-grade weed from California and Canada, which can sell on the street for about $3,000 a pound-up to $5,000 or more for super-premium bud. That means Marcantoni alone could have been grossing $18 million to $27 million or more each year.

Marcantoni has already done a five-year stint in federal prison for pot dealing, identity fraud, lying to law enforcers, and money-laundering, after a 2004 jury trial was cut short with his guilty plea, two and a half weeks after it began. The case arose after police in Houston, Texas, found him with nearly 150 pounds of pot and $28,000 in cash. His current indictment charges him with the same conduct-large-scale weed dealing-while he was on supervised release for his prior federal conviction. He’s facing up to life in prison if convicted in the Nicka case.

Marcantoni’s predicament actually may be better than his brother’s in one sense: at least he gets to answer to the accusations. His brother, Rafael “Rocky” Marcantoni IV, just has to grin and bear being described in court documents as a participant in his brother’s bulk pot dealing, without the benefit of a judge or jury to weigh the evidence.

The allegations came from a cooperating witness, dubbed CW1, and were included in a July 2011 search warrant for two locations connected to Anthony Marcantoni. CW1 is described as one of Anthony Marcantoni’s pot suppliers.

“CW1 explained that [Anthony] Marcantoni knew Jujitsu and owned a gym called Ground Control” in Canton, the warrant states, adding that “Marcantoni and his brother … ‘Rocky,’ worked together and were receiving marijuana from Matthew Nicka and Kevin Brandes. CW1 recalled delivering 50-100 pounds of marijuana to Marcantoni and/or ‘Rocky,’ whom investigators have identified as Rafael Marcantoni IV, on eighteen (18) to twenty (20) occasions between September 2008 and March 2009,” for a total of 1,000 to 2,000 pounds. “Marcantoni and/or his brother paid $3,000 to $3,500 a pound,” and CW1 “recalled receiving as much as $100,000 in cash on a few occasions.” If true, that translates to between $3 million and $7 million in weed, and it means the flow stopped when the Hickory Avenue house was raided.

City Paper‘s attempts to reach Rafael Marcantoni through a variety of channels-lawyers, Ground Control Academy, friends and associates-were fruitless. One man, though, said he’d try to get word to Rocky: John Rallo, a professional fighter who is the primary owner of the Ground Control Academy gym in Canton.

Rallo calls Anthony Marcantoni “a very nice guy” and “a friend,” and says “I don’t want to believe” the accusations against him, which he characterizes as “movie stuff.” He points out that each of Ground Control’s three locations is a separate business entity the three men co-own: Rallo has the one in Canton, which is the original one; Anthony Marcantoni has the Owings Mills location; and Rafael Marcantoni’s is in Columbia. He says he was subpoenaed to testify before the federal grand jury investigating the case, so he’s not free to speak about the details. He calls CW1’s claims “bullshit.”

Rallo confirms something that has come up in court proceedings in the case: that Ground Control had drawn law enforcers as customers, but they’ve taken their business elsewhere since Anthony’s troubles began. “We used to do a lot of law-enforcement guys,” says Rallo, estimating that they lost 40 or 50 customers in total in the indictment’s aftermath. Rallo adds that he believes the government’s case against Marcantoni lacks hard evidence.

The Nicka indictment alleges that Anthony Marcantoni “used Ground Control to facilitate the drug business, including as a location to receive and deliver large quantities of marijuana and bulk currency payments.” But one of his attorneys, Howard Cardin, stressed “the weakness of the government’s case” at a February hearing. Cardin added that the government’s witnesses are “looking for a benefit from the government,” and that they’ve presented “conflicting stories” about Marcantoni’s alleged pot dealing.

Cardin said “no money, no marijuana, no owe sheets, no payment records, no evidence whatsoever linking Mr. Marcantoni to this conspiracy” were found during three raids, according to the court transcript. “Mr. Marcantoni runs a business, pays taxes, and there is no evidence of suspicious activity within his accounts,” Cardin continued.

There are, however, wiretaps of Jacob Harryman’s phone, intercepted by Baltimore County police in the fall of 2010. Transcriptions of the phone calls have Harryman, who has not been charged publicly (although he has lost assets to the federal government in civil court), talking about his dealings with Marcantoni – though not always in the friendliest terms. Until, that is, Harryman needs him.

 

“I just gave him $140,000 in the last two weeks and he can suck a fucking dick,” Jacob Harryman says on Oct. 4, 2010. He’s telling Jordan Barraco, who has since pleaded guilty in state court to pot-conspiracy charges, about having paid down his weed debt to Marcantoni, who he calls “the Italian” and “Boss Man.”

Three days later, Harryman is at the Sudsville Laundry in Reisterstown, talking to Barraco again, saying he’d just been with “Boss Man.” The cops on Harryman’s trail watch him leave the laundromat. They notice Marcantoni in the parking lot, seemingly counting money for nearly an hour in his red Chevy truck.

A couple of weeks later, on Oct. 25, Barraco complains to Harryman that the pot market is “flooded again,” hurting sales. “That’s from the Italian,” Harryman says, “because he just told me, he . . . got rid of four hundred last month or so. I’m sure it’s flooded.”

In the early afternoon on Nov. 13, Harryman talks on the phone with Mitchell Kalavan, who would soon be charged in Baltimore County in a high-volume pot case that is scheduled for trial this fall. Harryman says he’s going to meet “the Italian.” The surveillance team watches Harryman enter Captain Harvey’s Restaurant in Owings Mills, then leave a half-hour later with Marcantoni. By mid-afternoon, Harryman’s telling Kalavan that “the Italian would not serve him until he gets his outstanding balances paid down.”

“His shit is garbage anyway,” Harryman complains. A couple days later, though, Harryman’s take on Marcantoni turns rosy.

On Nov. 16, the police raided 925 Binney St. in Canton, finding 30 pounds of pot and two guns, for which Andrew Sunell is arrested, charged, and later convicted, receiving a five-year sentence despite the efforts of his attorney, Stephen Tully. The property is described as one of Harryman’s “stash houses where large amount of high-grade marijuana is stored.”

Marcantoni, according to court documents, was instrumental in mounting Sunell’s defense and helping Harryman manage the damage his arrest posed to their pot-dealing operation.

The day after the Binney Street raid, Harryman and Kalavan talk repeatedly about how to deal with Sunell’s arrest. Harryman says he “can always go back to the Italian and beg.” Later, Harryman says Marcantoni’s advice is for Kalavan, who had made large pot deliveries to the Binney Street house and may have been noticed by police, to get rid of his truck, find a new place to live, and establish a new “stash spot” for the pot. Harryman adds that Marcantoni “will not directly deal” with them anymore, “until they know the depth of the police investigation regarding Sunell.” Marcantoni, Harryman says, paid Sunell’s lawyer $7,500 and Harryman kicked in $2,000.

“When times are tough,” Harryman concludes, Marcantoni “really does have my back.”

(In addition to Sunell, Tully has been the go-to attorney for numerous individuals in the alleged Nicka conspiracy, including Putney, Constantinides, McIntosh, Ian Travis Minshall, and Daniel Fountain in state-level cases leading up to the federal indictment. Tully says he can’t comment on the alleged payments by Marcantoni and Harryman for representing Sunell because of attorney-client privilege. As for the others, he says he was notified by prosecutors shortly after their state-level arrests that he was conflicted out of representing them further.)

In short, the Sunell situation is the least of Marcantoni’s concerns. His life, as well as those of dozens of people targeted in the Nicka investigation, is upended by indictments, forfeitures of valuable property, and the need to hire expensive attorneys and make bail. Business reputations are tainted. Children and other family members have to be told something about what’s happening with their father, brother, or son. And then there’s the nagging, unverifiable concern about who’s going to turn state’s evidence-and where else the investigation may turn.

As assistant U.S. attorney Stacy Belf said at a February court hearing, “the case is still under investigation and we keep finding more evidence every day.”

Just who is cooperating is hard to say, but there are cooperators. They’ve already appeared as CW1 and the like, in affidavits filed in the case. And court records show their numbers are growing, even if their names aren’t yet disclosed – as are the numbers of potential targets in the ongoing investigation.

According to court documents, prosecutors have been using a book of photographs of persons of interest in the case to show potential cooperators. When they first made the book on Aug. 12, 2009, it contained nine photographs. As of April 20, there were 118. That’s a lot of people with cause to be nervous.

Late to the Party: David D’Amico Extradited From Colombia To Answer 2010 Federal Pot-Trafficking And Money-Laundering Indictment In Maryland

By Van Smith

Published in City Paper, Sept. 9, 2014

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David D’Amico turned 50 a week before his Aug. 28 appearance in Maryland U.S. District Court in Greenbelt, where he consented to pre-trial detention in a massive 2010 pot-trafficking and money-laundering case in which most of his 15 co-defendants—including Daniel McIntosh, co-owner of defunct Baltimore nightclub Sonar—are serving prison sentences. He looked a shadow of his formerly beefy, smiling self, as seen in the “Most Wanted” photo of him distributed by the U.S. Marshals Service in early 2013 (pictured), when he was a fugitive. Now, having been extradited from Colombia, D’Amico looks gaunt and tired—every day of his age, and then some. Five years on the run seems to have depleted him.

D’Amico’s name is peppered throughout the voluminous transcripts of the seven-week trial in the case, which ended on Nov. 1, 2012, when McIntosh and Canadian pilot Keegan Leahy were convicted of several charges—though acquitted of the most serious ones—that they have since appealed. D’Amico was described as a top player in the decade-long, cross-country, $30-million scheme, the man who oversaw its day-to-day operations in three arenas—transportation, wholesale distribution, and finance and real estate—and harbored ambitions of taking the reins from the conspiracy’s overall leader, Matt Nicka, who now, along with his wife, Gretchen Peterson, is in the hands of Canadian authorities as the U.S. seeks their return to face the charges.

With D’Amico’s extradition from Colombia and appearance in Maryland federal court, a jury may yet get to weigh the evidence against him. Neither D’Amico’s court-appointed attorneys—Richard Finci and Jennifer Mayer—nor assistant U.S. attorney Deborah Johnston would comment on the case, but existing court records bring the story of D’Amico’s alleged dealings into tight focus.

The D’Amico narrative that played out before the McIntosh/Leahy jury started in early 2000s, when co-defendant Sean Costello—an energy consultant from Hawaii at the time of his 2012 guilty plea in the case—was D’Amico’s roommate from 2003 to 2005. Costello recalled for the jury that D’Amico was a concert promoter and day-trader in stocks who sold concessions at large events like the Ultra Music Festival in Miami. In 2003, after “a Phish concert in Miami” where “we did our normal orange juice plus alcohol sales,” Costello said, he, D’Amico, and Nicka “started distributing weed” at a rate of “50 to 100 pounds per month,” with Costello helping move it from Baltimore to Atlanta and Miami, and “money back the other direction.”

At this stage, Costello continued, Nicka would call “breakfast” meetings in “downtown Baltimore” between “most of the people in the conspiracy”—anywhere from six to 10 people, including D’Amico—where they “just caught up with each other personally.” While they ate and socialized, Nicka would “talk with people individually and pull them outside” to discuss “how many pounds of weed they needed or wanted” and “how much money they owed Matt for said weed.”

The last such meeting Costello attended was in June 2005, he testified, because “I was arrested either that day or the day after” by the U.S. Drug Enforcement Administration while “on a train from Baltimore to Miami” with “24 pounds of marijuana” that belonged to D’Amico and Nicka. D’Amico paid for Costello’s attorney and offered him “50 grand” if “I kept my mouth shut,” Costello recalled. He did, in a sense—Costello admitted he actually told agents a mixture of truth and lies about the pot’s provenance, saying he’d gotten it from a “an over-weight white male of Russian decent” at the train station, and that he was being paid $2,000 by a someone he only knew as “Man”—and served six months’ incarceration in Florida for the crime.

In early 2007, after Costello’s release, D’Amico dropped in on him in Orlando, Florida, and “was trying to convince me to get back into selling and distributing weed,” Costello testified. D’Amico drove him to meet with Nicka in Jensen Beach, Florida, and “I think Matt assumed that I was going to get back into helping them sell and distribute weed, which I didn’t want to do at the time,” Costello continued.

A little over a year later, in May 2008, though, Costello helped the conspiracy by introducing D’Amico to a pilot—Leahy—to fly pot and money back and forth across the country. “Back in 2004, 2005,” he explained, “we had always been looking for a pilot so that we could fly instead of drive, because there’s quite a bit of money that was seized by the government during that time for traffic stops” and “you can’t get pulled over by the cops in the air.”

Costello had gotten to know Leahy after they’d first met in 2006, when they explored developing a solar energy plant in south Florida. Leahy “fit the personality type of the people that we work with,” Costello explained, adding that he “seemed cool” and that he “was the only pilot I knew.”  So “I asked him if he wanted to fly for a friend of mine,” Costello continued, but “I wasn’t going to tell him that it was distributing thousands of pounds of weed.”

Shortly after Costello introduced D’Amico to Leahy, the three set out to buy an airplane, a Lancair IV-P, and title it in the name of a company they formed, Air Sky Holdings. Before it ever made a trip for the conspiracy, though, Leahy damaged it so badly in a crash that it was never used. So Leahy instead piloted a leased Cessna 400, the fastest single-engine production aircraft on the market, and by all appearances he was simply D’Amico’s personal pilot—though Costello pointed out that, given the strong and distinctive odor that loads of pot give off, it would be hard not to suspect what was inside of the bags with which D’Amico travelled. When the bags were filled with cash, Costello testified that they held up to “$500,000 at a time.”

Costello eventually wanted out of the arrangement, he testified, and in February 2009 met D’Amico in Boston “to get rid of my responsibility with Air Sky Holdings” and “dump everything on to Dave hopefully.” It didn’t work, though, and in early March, 2009, Costello met D’Amico in Baltimore at D’Amico’s rented house on Hickory Avenue in Hampden—a house owned by a company controlled by co-defendant Jeremiah “Jeremy” Landsman, a Baltimore real-estate developer who is currently in prison after pleading guilty in the case—and watched as a load of pot was shipped into and out of the house. Then, Costello continued, he, D’Amico, Leahy, and another person went to “some state airport . . . near Baltimore” and tried, unsuccessfully due to the snowy weather, to fly out with a duffel bag full of money. The inside of the plane, Costello said, “smelled like weed.”

 

A few weeks later, D’Amico summoned Costello and Leahy to San Francisco. “He seemed very agitated,” Costello recalled. It turned out that the Hickory Avenue house had been raided by police, who had found nearly 100 pounds of pot, about 30 cell phones, money counters, scales, $20,000 in cash, and documentation of more than $1.5 million in drug transactions, including the names of customers and suppliers. Also in the house were documents about the Lancair, connecting it to D’Amico, Costello, and Leahy. Just prior to the raid, another co-conspirator—Jeffrey Putney, who is now the sole remaining fugitive in the case—had been arrested immediately after coming out of the house, because the cops who had been tailing him saw him drop off boxes of suspected pot there.

The three met in a hotel lobby in San Francisco, where D’Amico said “that somebody had gotten arrested that knew a lot of information” and “it would be smart to leave” the country and get rid of their cellphones. Leahy “got upset and walked away,” Costello continued, and D’Amico explained “how he was going to get me a quarter million dollars” to “finance leaving the country.”

The next day, on the recommendation of a weed supplier for D’Amico and Nicka—a person Costello only knew as “Bear”—D’Amico and Costello sought advice from a legal titan: J. Tony Serra, a legendary civil-rights and criminal-defense attorney who was portrayed by James Woods in the 1989 movie “True Believer.”

“We talked at length” with Serra “about how or if we should sell the aircraft,” Costello recalled, and “about minimum maximum penalties and what we could be charged with.” They were also “asked the scope and depth of the case, how many people, how much money, how much weed,” Costello continued. Serra’s fee would be $100,000 and, Costello continued, “Dave voluntarily . . . put money on Tony’s safe on the way out the door,” about $10,000 or $20,000. While Costello said Serra “looked like he smoked weed,” he did not think he was part of the D’Amico/Nicka conspiracy.

Also that March, D’Amico first gave Costello a sense of the breadth and depth of the conspiracy: that it involved sending “150 to 250 pounds east . . . every two to three weeks,” Costello recalled, and that it involved “40 to 50” people.

At some point after the Hickory raid, Costello recalled waiting at a mall in Berkeley for D’Amico and Bear to “come back from somewhere further north,” where they had gone so that D’Amico could “pick up his balance of all the money that was owed to him.” After they returned, they transferred the money to Costello’s rented car and, after Costello dropped D’Amico at a hotel, “I drove away” with the money, Costello recalled, since “I assumed that it was the money that Dave had promised me the day before” and “I wanted to be done with the relationships with Dave.”

In the ensuing months, after the government seized the Lancair and started court proceedings to keep it as a criminally derived asset, Costello filed a claim for it, saying it was obtained lawfully. D’Amico—who had fled the U.S. for Caracas, Venezuela in early April—put the kibosh on that move, Costello recalled, by telling him “in no uncertain terms that he would come and kill me if I did not give up the aircraft, verbatim.” D’Amico “just seemed very, very upset,” Costello explained, “because I took off with money that he was supposed to give me of his own accord and I just took it.” So, he continued, “I released all interest in the Lancair aircraft on behalf of Air Sky Holdings.”

Costello also told the jury that he still feared D’Amico: “He could come to my house and hurt me and come to my house and shoot me,” Costello said. “I’ve always been concerned about that. And I’m still concerned about that to this day, in fact.”

But D’Amico may have been too busy enjoying life in Colombia to bother trying to harm Costello. An expatriate American who co-owns a hotel in Colombia where D’Amico stayed in 2010 and 2011 provides a glimpse of D’Amico’s life on the lam. City Paper confirmed the identity of the hotelier, who provided evidence to back up stories of D’Amico’s time there, but the hotelier asked not to be named in this article “because of the cloud that Dave brought” to the hotel.

D’Amico “looked like the typical gringo businessman who comes to Colombia looking for business opportunities along with some fun and excitement,” the hotelier recalls in a series of emails, but “the reality soon became evident—Dave had come to party.”

He was “certainly a very colorful character, and sometimes wild,” the hotelier observes, adding that “I learned this within a few days of his arrival, when a worker at the property led me to Dave’s suite one morning to show me that he was passed out on the floor of his room, surrounded by garbage. Once awakened, Dave told me that he occasionally enjoyed sleeping on the floor—and he said it with a serious face.” On another occasion, the hotelier recalls, “while trying to leave the hotel very late at night when the outer gate was locked,” D’Amico “tried to destroy the lock and the gate’s hinges so he could get out of the building, instead of waiting for the night clerk to return and open the door for him to leave the building.”

D’Amico “spent nearly a year here,” the hotelier continued. “I tried to get rid of him, but couldn’t. The property damage and neighborhood shame were costly,” since D’Amico was “doing whatever he wanted.” D’Amico disappeared from the hotel after a fire “started in the (locked) apartment where Dave had been living.”

The hotelier first learned about D’Amico’s indictment in Maryland after he’d disappeared. “Frankly, if I had known he was on the run at the time he was destroying my property,” the hotelier explains, “I would have turned him in to the authorities to stop the losses.”

After years as a fugitive, D’Amico now will see if he’s able to stop the loss of liberty the government wants him to suffer. He’s the most high-ranking member of the conspiracy to be brought to court so far, and those convicted for playing lower-level roles—including McIntosh, who is serving a mandatory-minimum 10-year sentence, meted out earlier this year—are currently paying the price. Despite his good times at the hotel in Colombia, D’Amico, too, based on his physical appearance recently in court, has already started to pay the price.

The Smoke Thickens: $30 million Baltimore-based pot-conspiracy case part of broader investigation

By Van Smith

Published by City Paper, Mar. 21, 2012

The $30 million cross-country pot conspiracy first alleged by a Maryland federal grand jury in December 2010, involving 32-year-old Baltimore real estate developer Jeremiah Brandon Landsman and 15 others (“Smoked Out,” Mobtown Beat, Feb. 29), is connected to numerous other Maryland criminal cases, court records show. Central figures in the investigation, which involve the U.S. Drug Enforcement Administration (DEA), the U.S. Internal Revenue Service (IRS), and the Baltimore County Police Department (BCPD), are another Baltimore developer, 33-year-old Jacob Jeremiah Harryman, and 34-year-old Andrew Jin Park of Pikesville, who pleaded guilty in the mid-2000s to drug and assault charges in Baltimore City and Baltimore County.

Landsman, whose holdings include storage facilities and properties that house popular Baltimore nightlife destinations, had a role in at least one other recent federal case. The defendants—30-year-old Kevin Brandes of Owings Mills and California, and one of his distributors, 31-year-old Michael Borakove of Locust Point—recently pleaded guilty, admitting that they were involved in moving thousands of pounds of pot shipped to Maryland from California and Canada over the better part of the last decade—a scenario much like the one in Landsman’s pending case.

According to their guilty pleas, Landsman supplied pot to Brandes and Borakove in the early 2000s, and Harryman was one of Brandes’ “biggest customers.” The DEA “developed several cooperators” who purchased “approximately 8,000 pounds of marijuana in the course of the conspiracy” from 2002 to 2010, court documents say.

Initially, the pot in the Brandes/Borakove conspiracy was brought to Maryland from Canada by couriers, who would deliver it to Brandes at the Renaissance Hotel near Harborplace in downtown Baltimore. Later, the pot traveled to Maryland from California in a recreational vehicle, and then, after Brandes moved to California in 2009, he started shipping it by mail. “Brandes was not the ultimate source of supply,” court documents state, “but was always purchasing it from someone else.”

Brandes’ attorney, Kobie Flowers, declined to comment, and Borakove’s attorney, Andrew White, did not respond to an e-mail requesting comment. Landsman’s attorney, Barry Pollack, also declined to comment, as did the Maryland U.S. Attorney’s Office.

Neither Harryman nor Park is currently facing criminal charges—at least not publicly; if they’ve been charged under seal, there’s no way to confirm it. But in recent years both have lost assets to the federal government in civil court cases, known as forfeiture proceedings, that describe them as large-scale pot dealers. Attempts to reach Harryman and Park for comment, including through lawyers who represented them in the past, were unsuccessful.

Events in November 2010—just prior to the Landsman indictment—were watershed moments in the probe. That’s when conversations between Harryman and Park were intercepted by BCPD investigators, according to a warrant that resulted in more than $125,000 being seized from Harryman’s investment accounts as ill-gotten gains. Law enforcers quickly learned that Park was one of Harryman’s main marijuana suppliers, that Harryman and Park were expecting a large shipment of pot from California that they intended to split for distribution, and that the shipment was being driven across the country by 45-year-old Robert Alan Tryson of Sykesville, court records show.

When Tryson drove into Western Maryland, he was pulled over for speeding and arrested when 90 pounds of pot were found in his car. Tryson, who had no criminal record and worked as director of credit operations for Polk Audio in Baltimore, told investigators he’d been transporting pot for Park for about a year, and would bring Park’s shipments to 33-year-old Jamel Maurice Reid at his Northway Apartments residence in Tuscany-Canterbury. Reid, court records show, has a history of arrests for illegal drugs and firearms and a 2000 drug-dealing conviction.

On Nov. 30, 2010, Reid’s apartment was raided—as were numerous other locations in the Baltimore area. City Paper has not been able to confirm the entire number of places raided and people arrested as a result of the Harryman-Park investigation. At least nine locations were raided, though, and in addition to arresting at least 21 people, the police seized large quantities of marijuana; smaller amounts of cocaine and prescription drugs; guns and ammunition; hundreds of thousands of dollars in cash; numerous cell phones, computers, and documents; and jewelry and other valuables, including vehicles. Forfeiture proceedings then were filed against real estate holdings and money seized from homes, bank accounts, and investment funds.

At least three people caught up in the Harryman-Park investigation faced federal charges: Brandes, Borakove, and 31-year-old Anthony Marcantoni, a co-defendant in Landsman’s case. Marcantoni’s most recent federal charges came when he was on supervised release after serving a prison sentence for prior federal pot-and-fraud convictions, and he is facing a possible life sentence in his current case. Marcantoni allegedly used his Owings Mills business, a martial-arts studio called Ground Control, to aid the conspiracy.

Prior to the November 2010 raids, forfeiture proceedings in federal court have stripped Harryman and Park of assets tied to large-scale pot dealing. In 2005, two properties Park owned in Roland Park and Lutherville were raided, resulting in the seizure of about 110 pounds of pot, almost $19,000 in cash, and paperwork indicating about $500,000 in drug debt owed to Park. Prosecutors settled the case, and Park got to keep the Roland Park home and money that had been seized from his bank accounts, but lost the Lutherville property and the cash found at his home.

In 2008, the federal government sought to keep $12,796 seized by Carroll County police from a house Harryman owned in Pikesville after they raided the place, along with another Harryman-owned house in Westminster. At the Westminster raid, a 243-plant pot-growing operation was in place, and one of the two men there told the raid team, “This is a lot bigger than it seems,” according to court records. Prosecutors settled the forfeiture, allowing Harryman to keep $8,000 of the seized cash.

Most recently, on March 9, federal prosecutors filed a forfeiture action to take four of Harryman’s Baltimore-area rental properties, which are held by two companies Harryman co-owns with another man, 45-year-old Mark Anthony Jones, a military veteran who lives in Owings Mills. The affidavit supporting the forfeiture, written by IRS Special Agent Matthew Hooker, explains that the two companies, First Chesapeake Investment Properties LLC and FCIP II LLC, “purchased 15 real properties between May 2007 and June 2010 for a combined cost of $622,700.”

In interviews with investigators, Harryman’s co-conspirators “stated that, along with distributing marijuana received from Harryman, they also worked for him doing construction and maintenance” on the properties, according to the forfeiture affidavit, and that he paid them in cash. The forfeiture case also seeks to allow the government to take $71,057 in cash and a Breitling Super Avenger wristwatch taken from Harryman’s residence when BCPD and IRS agents raided it in November 2010.

Jones, Harryman’s partner in First Chesapeake and FCIP II, has a luxury-transportation company, How We Roll Inc., that he says provides tour-bus services for high-profile entertainers. He was caught up in the Harryman pot probe—his condominium was one of the locations raided in November 2010—but the charges against him did not result in convictions. In a March 14 phone conversation with City Paper, Jones claims law enforcers “know I’m not part of the conspiracy.”

The raid on Jones’ condo was based on the cops’ faulty interpretation of wiretapped phone conversations he’d had with Harryman, Jones says. “They had wiretaps on Harryman’s phones,” he explains, “and because of a conversation I had with him possibly being encoded, they went on that [as a basis for the warrant]. Look, I’m from New York City, the Bronx, and I don’t talk straight English. I wasn’t talking about drugs or anything else. I mean, I can fight, I can talk shit, I have sex with many women—does that make me a bad person? I could have been talking about anything.”

Jones recently filed suit against BCPD for the return of property seized from him, including $237,000 in cash, six handguns, a cache of loaded magazines and ammunition for those guns, and a bullet-proof vest. Of the federal government’s recent move to take real-property Jones co-owns with Harryman—as well as BCPD’s response to his lawsuit, which states that the $237,000 is in the DEA’s hands “to pursue forfeiture in the federal court system—Jones says, “Oh well.”

As for the nearly quarter-million dollars in cash at his home, Jones says that’s how he gets paid in legitimate business. “I work hard for my money,” he explains. “I travel with high-profile entertainers, and I get paid in cash a lot, and I don’t put all of it in the bank. I mean, it’s not unusual for the people I hang with to have $20,000, $30,000 in cash, and that’s how they pay me. I went to Europe twice with L’il Wayne—that’s the kind of people I’m talking about.” The guns, he says, were lawfully owned: “I have all of them registered, I bought them at gun shops.” He adds, “I’m not guilty of nothing.”

Smoked Out: Baltimore developer revealed as co-defendant in cross-country pot conspiracy

By Van Smith

Published in City Paper, Feb. 29, 2012

When Jeremy Landsman was robbed at gunpoint at a Greektown poker game in 2006, along with 20 other people, he said he hadn’t been playing poker. “I’m in real estate,” he said, explaining the $900 the robbers took from his wallet, which the cops quickly got back for him (“Luck of the Draw,” Mobtown Beat, June 7, 2006), “so I always carry a lot of cash.”

That was 2006, when people in real estate were expected to have fat wallets—but as the real estate market crashed and the Great Recession ensued, Landsman, who’ll turn 32 in March, continued to expand his portfolio. His indeterminately large family of LLCs, many if not most of which have “JBL” in their names, manages and lists for sale others’ properties, and owns or co-owns commercial, storage, and residential properties of its own. The most recent indicator of its near-decade of success was Landsman’s planning-committee role in the International Conference of Shopping Centers (ICSC) conference at the National Harbor on Feb. 21 and 22, with The Weekly Standard’s William Kristol as the keynote speaker.

But even as the ICSC conference was winding down, Landsman’s star was darkening. Since December 2010, he’d secretly been a defendant in a partially sealed marijuana-conspiracy indictment in which the federal government seeks to allow the federal government to take ownership of $30 million worth of allegedly ill-gotten gains. On Feb. 22, this fact was revealed in the court docket, and the next day City Paper obtained a copy of the fully unsealed indictment.

The conspiracy case had been populated by nine named and six unnamed co-defendants accused of moving pot grown in Canada and Northern California to warehouses in Maryland, where it was divvied up for sale in Maryland, Pennsylvania, Louisiana, Kansas, Florida, Ohio, North Carolina, Georgia, and elsewhere. The scheme the indictment describes was vast and enduring: From at least 2001 until June 2009, the conspirators moved pot and cash using “aircraft, tractor trailers, commercial carrier, trains and other vehicles, including at least one vehicle containing a trap device to secrete items for transport.”

Landsman “distributed marijuana, brokered other conspirators’ purchases of marijuana and maintained several properties used for marijuana distribution,” the indictment alleges.

In addition to seeking forfeiture of $30 million in assets, the indictment aims for the government to keep more than $70,000 in cash seized by law enforcers in 2009 and 2010 and to gain forfeiture of real estate in Sonoma County, Calif., and two properties in Baltimore, including garages behind Keswick Avenue in Hampden owned by JBL Keswick LLC, one of Landsman’s many real estate companies.

“I have no comment,” Landsman, whose legal name is Jeremiah Brandon Landsman, told City Paper over the phone on Feb. 23, before abruptly hanging up.

Barry Pollack, an attorney who says he represents Landsman, sent an e-mailed comment on Feb. 24, stating, “Jeremy Landsman has operated a successful real estate business in Baltimore for nearly a decade. He takes this matter very seriously and has asked me to represent him. We will not comment further until the case has been resolved.”

Early last year, JBL partnered with David Berg, of the Berg Corporation demolition firm, in purchasing the downtown property that houses Sonar, a sizable nightclub across from the Hollywood Diner near City Hall. The purchase occurred after the indictment was handed down but before Sonar’s main owner, Daniel McIntosh, was revealed as a co-defendant in the case (The News Hole, July 8, 2011 ). McIntosh also co-owns McCabe’s Restaurant, a popular eatery on Falls Road in Hampden; JBL is McIntosh’s landlord there too.

The indictment describes McIntosh as a large-scale pot distributor who allegedly “picked up,” “delivered,” and “unloaded large shipments” once they arrived in Maryland. McIntosh and another defendant—Anthony Marcantoni, an alleged large-scale distributor on supervised release for a prior federal pot felony—are the only two whose businesses are named in the indictment. While Marcantoni’s business, a martial-arts studio in Owings Mills called Ground Control, is described in the indictment as having been used in the scheme, McIntosh’s are not.

Marcantoni is facing a possible life sentence if convicted, and is being detained pending trial. His lawyer, Steven Levin, has been fighting—so far unsuccessfully, but with an appeal pending—to have him released to await trial. “Mr. Marcantoni maintains his innocence,” Levin says, “and is looking forward to regaining his freedom pending trial.”

At one of Marcantoni’s detention hearings in the case, Maryland State Police Sgt. Lee Link, who worked out at Ground Control, testified as a character witness, calling Marcantoni “a friend” and “confidant” who “has a good heart” but has “made bad decisions in the past,” according to the hearing transcript. The prosecutor contended that Marcantoni “was facilitating his drug activity . . . right under the noses of law enforcement who use that gym.” Link, reached by phone recently at the MSP’s Glen Burnie Barracks, said “I no longer go to that gym” since Marcantoni’s legal troubles “came to light.”

The case has been marked by intrigue from the start, given that so many names had remained blacked out in court documents. As several of the defendants appeared in court last spring and summer, their identities—Andrew Sharpeta, Keegan Leahy, Sean Costello, Ian Travis Minshall, Michael Phillips, Adam Constantinides, and Joseph Spain, in addition to McIntosh and Marcantoni—were revealed, but little else was, other than the general accusations against them.

When Landsman and the five other sealed defendants—Matt Nicka, David D’Amico, Gretchen Peterson, Jeffrey Putney, and Daniel Fountain—were revealed, more came into focus. State court and real estate records show Landsman’s ties to Nicka, who allegedly “supervised and directed” the scheme’s activities, “recruited conspirators,” and “obtained large quantities of marijuana in exchange for bulk currency payments,” according to the indictment; Putney, who allegedly handled logistics by picking up, delivering, and unloading shipments as he “accessed residences and storage units where marijuana was kept”; and two alleged mid-level dealers, Fountain and Minshall.

In 2009, Minshall was arrested when police executed a search warrant at a JBL-owned property at 3835 Falls Road, next to McCabe’s. The raid turned up approximately 32 pounds of high-grade pot that sells for $5,000 per pound, for a street value of $160,000, along with nearly $17,000 in cash, a money counter, a digital scale, and a heat sealer. Two weeks later, Putney was arrested for large-scale pot possession (prosecutors later declined to proceed with the charges), and the case record gives two addresses for him: one in Santa Cruz, Calif., and the other at a JBL-owned property, 3522 Hickory Ave., in Hampden.

In 2008, a JBL company acquired a home at 1207 Weldon Ave., in Medfield from Anthony Thacker—one of the many aliases the indictment ascribes to Nicka, the conspiracy’s alleged supervisor—for free, and then sold it in 2009 for $226,500. The property is two doors down from the house posted as bail for McIntosh’s release pending trial.

Fountain was picked up by the U.S. Marshal’s service in California in late January on the pot-conspiracy charges, and was described in court papers as a fugitive. In 2007, he incorporated DB5K Gallery, an art gallery in Fells Point, using as a contact address a property near the Baltimore Beltway that is co-owned by Landsman. Fountain and Landsman have shared that address—7203 N. Charles St.—in court records, and Fountain has also used in court records another address at a JBL development on Portugal Street in Fells Point.

On its web site, JBL (jbl-realestate.com) describes 10 of its projects. McCabe’s and Portugal Street are two of them. The others are a Fells Point tavern; a salon on the Avenue in Hampden; a shopping center in Lauraville/Mayfield; storage garages in Highlandtown; the LaTerra building in Hampden, which also has storage garages for rent; the Pinkney Manor apartments in Northwest Baltimore; a retail office building in Arbutus that it converted to mixed use with residences; and the Bell Foundry, a Greenmount West building populated by artists and students. JBL’s real-estate agents, including Landsman, currently list 34 office, retail, restaurant, bar, land, or mixed use properties for sale in Baltimore and surrounding areas, including seven in Washington, D.C. (Disclosure: JBL hosted a City Paper photography exhibit at a property it co-owns at 231-235 Holliday St., near Sonar, in June 2011.)

The U.S. Attorney’s Office declined to say anything about the case, citing its policy against commenting on pending matters. The trial is scheduled to start on Sept. 11 and last for eight weeks.

Luck of the Draw: Police Bust Gunmen Robbing Greektown Poker Game

By Van Smith

Published in City Paper, June 7, 2006

IN A 15-MINUTE PERIOD AROUND 11 P.M. on Thursday, May 25, Baltimore City racked up 21 victims of violent crime in Greektown: 18 armed robberies and three attempted armed robberies. The incident is a blow to the victims and to Mayor Martin O’Malley’s attempts to reduce violent crime in the city—a central theme of his campaign for governor. Adding insult to injury is the fact that the two suspects were caught while robbing $23,827 from a high-stakes poker game, an illegal activity that O’Malley made light of last fall, after police raided two poker games that netted charges against nearly 100 players.

Last Nov. 17, O’Malley discussed the poker raids on WBAL Radio, relating cheekily how he had asked police commanders, “‘How many people do we have assigned to the poker task force? Do you think we could reassign them to the violent-crime and drug task force?’” He continued, “It seems like we’ve become obsessed with poker games. I think there are more deadly challenges facing our city and our citizens.”

As of press time, the police department had not responded to City Paper’s request for information and comment about the Greektown poker robbery. When mayoral spokeswoman Raquel Guillory was asked if the mayor’s thoughts about poker enforcement had changed after the robbery, she had only this to say: “We have a vice squad who, along with other crimes, track these as well. These particular types of games pose a risk to the players because there is usually a large amount of money and the police don’t know about them. But these are illegal.”

One of the victims, criminal defense attorney Stephen L. Prevas (a brother of Baltimore Circuit Court Judge John N. Prevas), rues that the poker-game heist chalked up a host of offenses on the city’s violent-crime tables. “One event that takes 10, 15 minutes,” he points out in a telephone interview after the robbery, “and it skews the statistics.”

Another victim, Jason Thomas Lantz, was pistol-whipped during the incident, according to a police report contained in the court records. “It opened up a nice gash on the guy’s head,” Prevas recalls. “It was ugly, but everybody remained rather calm.”

The timing of the robbery, Prevas adds, was perfect. “Of any time to strike,” he says, “that particular time on a Thursday night was good, to maximize the benefits” of a robbery, because more than the usual amounts of cash were on hand.

Prevas, who represented two dealers charged with gambling in one of last November’s poker raids, would like to see poker legalized and regulated in Maryland. However, “when it is done in this fashion”—illegally, with lots of money on the table—he opines, “the biggest negative is that someone will get robbed. Any time you put a bunch of people with a lot of money in their pockets in one place, it is going to put a gleam in someone’s eye. I may start going to Atlantic City again—it keeps you honest.” Or, he adds, “I may just stay in games that are in someone’s home where I’m familiar with people.” At any rate, Prevas says, “as I understand it, the game will not reopen at that particular place.”

Prevas, who has been a member of the Maryland Bar since 1973, had $1,700 taken from him during the robbery and says that money is now in police hands. He contends that, while a poker game was in progress at the time, he wasn’t playing. “You can infer what you want,” he asserts when asked why he had so much money while watching a poker game. “But in the scheme of things, it’s not that big of a bankroll. I am used to having cash on my person.”

Another victim, real-estate investor Jeremiah B. Landsman, says he had $900 in his wallet when it was taken from him by the robbers. “I got most of it back,” he says, after the police busted the perpetrators. He, too, contends that he wasn’t playing poker. “Everybody knows gambling is illegal,” he states in a phone interview. “And I don’t want to do anything illegal.” As for the amount of money he possessed at the time, he explains that “I’m in real estate, so I always carry a lot of cash.”

While police found $23,827 in the robbers’ bag once they were detained, court records indicate that only $15,429 was attributed to the 18 individuals who were robbed. The court records don’t explain the discrepancy, but the remainder may have belonged to the game’s organizers. “I have nothing to say about the house money,” Landsman says when asked about the differing sums.

The arrested suspects are 31-year-old Todd Mikal of Glen Burnie and 27-year-old Ronnie Lee Jones of Parkville. Mikal is charged with 131 counts, including possession of a firearm by a convicted felon, although a search of court records shows that this is the first time he’s been charged with a crime in Maryland. Jones was charged with 127 counts in connection with the poker robbery. Court records reveal that, since 1997, Jones has faced 17 charges for crimes including auto theft, illegal firearms, assault, robbery, theft, and juror intimidation. He was never convicted, though in 1999 he received two years of supervised probation before judgment for assault.

According to the police report, the crime was interrupted after one of the victims, Wayne Byers Long Jr., flagged down a passing patrol car and stated that a robbery was in progress at 4600 Eastern Ave. Long’s Parkville address is an apartment a few blocks away from Ronnie Jones’ home. Attempts to reach Long, in order to ask him if he knows the suspect, were unsuccessful.

The robbers, Prevas recalls, entered the back room of the premises through a side door.

“They came in behind a guy who’d been playing in the game fairly regularly,” he says. “[Someone] saw him through the peephole [in the door] and let him in.” One of the robbers “was doing all the talking, and was very loud and intimidating, and the other was the bag man,” who put the cash and wallets into a sack.

Once Long had hailed the police, “in seconds there were bunches of police there,” Prevas continues. “The friendly perps were just finishing up their business, saying ‘Good night and thank you, gentlemen,’ or something to that effect, when three cops appeared at the landing with their guns drawn. One guy gave it up immediately, and the other guy took off out the door,” Prevas recalls. The police quickly chased him down.

“It was a sense of vindication that they actually got caught,” Prevas says.

State records show the owner of 4600 Eastern Ave. to be Pete Koroneos, whose other interests over the years include a strip club and a restaurant on the Block, a Fells Point bar, and the Broadway Diner, located just east of Greektown on Eastern Avenue. A sign for the diner graces the side of the nondescript building that hosted the ill-fated poker game, and is the only identifying mark on the newly painted building other than the street number affixed to the mailbox on the front door. Attempts to reach Koroneos at his Otterbein condominium, in order to ask him about the poker game held in his Greektown property, were unsuccessful.

Landsman and Prevas indicate that the property has long been a home for poker—though Landsman insists that it was “only for fun, only for chips, not money.”

“It’s a men’s club,” he continues, “where we would eat, drink, watch games. It was a really nice group of people and a really good time. I would go once a week. It was a great place to network with other professionals from Baltimore.”

Another victim, Gilbert Roden, is more direct. “It was a bunch of guys that get together and play poker,” he says over the phone.

The list of 21 robbery victims includes 11 people whose names also appear on the membership lists of two other poker clubs: the Owls Nest, which was raided by police last fall, and a related entity called the Orioles Nest (“Fouled Nests,” Nov. 23, 2005). Two of the Greektown victims had been arrested for gambling at the Owls Nest raid, and their charges were later dropped.

None of the poker-playing victims of the Greektown robbery has been charged with a crime—in contrast to the gambling charges that resulted from last November’s raids of the Owls Nest and another game at the Aces High Club on Harford Road. Without police comment, City Paper has not been able to determine whether the decision not to charge the gamblers resulted from O’Malley’s public statements that enforcing the law against poker games squanders police resources.

Landsman, however, says he believes “the police handled [the Greektown poker robbery] perfectly. It was a bad situation with the best possible outcome.” Nonetheless, he states, “obviously, these games draw crime. It’s unfortunate.”

Union Busted: Ex-cons, and some current ones, find a home in troubled Local 333 of the International Longshoremen’s Association

By Van Smith

Published in City Paper, Nov. 24, 2010

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Ask Michael Thames if he’s a member of the Local 333 of the International Longshoremen’s Association, and the 42-year-old quickly pulls his Port of Baltimore photo-identification card out of his pants pocket. He’s been working for nine years on crews that load and unload ships calling on Baltimore, he says, and his brother and two uncles do too, as did his father until retiring recently. All, he says, are members of Local 333.

Thames is holding his Baltimore Orioles cap and sunglasses in his hand, sporting a black faux-leather jacket with lots of zippered pockets. A grill of gold caps his front teeth, flashing as he speaks. He has close-cropped hair and a slight mustache.

Yes, Thames says, he’s aware there’s a Local 333 election coming up on Dec. 3, and that Riker “Rocky” McKenzie is running for Local 333’s president.

McKenzie has already been president of the union once, having won the position in January 2009. But he was replaced in August by an acting president after the ILA’s national leaders in New York determined that a heroin-dealing conviction from the 1970s rendered him ineligible for the position, since felons are barred from serving as union officers. The day after the decision, McKenzie appealed. While he did not contest the conviction during a June hearing on the matter, in his appeal he contended he received probation before judgment in the heroin case rather than a guilty finding. Pending the outcome of his appeal, he’s allowed to be nominated as the local’s president. He has only one opponent: longtime Local 333 member John Blom.

And yes, Thames says, he knows McKenzie’s bid for president included a Nov. 15 fundraiser at the Eldorado, a strip club in East Baltimore co-owned by Kenneth Antonio “Kenny Bird” Jackson, an iconic Baltimore underworld figure—and a fellow member of Local 333.

Jackson hasn’t been part of an active prosecution since a generation ago (“The High Life,” Mobtown Beat, Jan. 3, 1996), but his criminal history includes several notable convictions—manslaughter, narcotics, and gun possession—and he beat two murder raps, one in 1974 and the other in 1991. In between, he was twice pulled over in his car on the New Jersey Turnpike with large sums of cash during the late 1980s. The first time it was $91,000; the next it was nearly $700,000.

Over time, Jackson’s life quieted on the law-enforcement front. In a 2009 interview about a film he produced, The Baltimore Chronicles: Legends of the Unwired (“Last Word,” Feature, Apr. 29, 2009), Jackson told City Paper he’d undergone “a transition from one lifestyle to another,” shelving his gangster ways and retreating peacefully to the simple life of running a family-owned strip club.

But Jackson is still a lightning rod for criminal and political intrigue. In the mid-2000s, a federal prosecution of a politically connected violent drug gang, the Rice Organization (“Wired,” Mobtown Beat, March 2, 2005), targeted a man who helped run the criminal enterprise while also operating a restaurant in a Jackson-owned building on Howard Street’s Antique Row. And Jackson’s mother—who co-owns the Eldorado with him—still co-owns a downtown Baltimore condominium (The News Hole, Feb. 22) with Jackson’s former criminal-defense attorney, Robert Simels of New York (“Team Player,” Mobtown Beat, Sept. 24, 2008), who’s now serving a 14-year prison sentence for witness intimidation.

It’s hard to imagine a man of Jackson’s stature doing wage-paying labor as a stevedore. And, in fact, he may not have, according to multiple Local 333 members who spoke on the condition that their names not be used, for fear of retribution. Instead, they say it’s common knowledge on the docks that another man, Anthony James Carroll, worked in Jackson’s place—a not uncommon practice known as “covering” (“Clocked,” Mobtown Beat, Oct. 6). To shore up this contention, they share details about a woman who almost married Carroll, thinking he was Jackson, until the ruse came tumbling down after Carroll’s arrest when driving a stolen car in 2007.

“I don’t know,” Thames says when asked about Carroll standing in as Jackson at the port. “I just know [Carroll] worked down there [as a stevedore] before.”

Jackson did not respond to a detailed e-mail and could not be reached by phone. Attempts to reach Carroll, who court records indicate is now in South Carolina, were unsuccessful. The phone number he gave officials when he signed probation papers in October for a recent theft conviction is no longer active.

Thames is also aware that Local 333 member Milton Tillman Jr.—a politically influential bail-bondsman and real estate investor with two prior federal convictions for attempted bribery and tax evasion—was indicted by a federal grand jury early this year. Some of the charges against Tillman involve covering, alleging he was paid port wages for shifts he did not work. Tillman’s reputation as a drug-world figure was exploited in a federal courtroom in 2002, when since-deceased Assistant U.S. Attorney Jonathan Luna, while prosecuting a case involving the 2000 shooting of Tillman’s son, called him “one of the most notorious drug dealers in Baltimore City history” (“Grave Accusations,” Mobtown Beat, April 23, 2008).

Tillman and Jackson are arguably two of the most enduring names in the modern annals of Baltimore crime. And both are members of Local 333.

In addition to McKenzie, Jackson, and Tillman, Thames says he knows about the federal fraud convictions in September of three port timekeepers for covering. The case against the timekeepers, who are members of Local 953 and track dockworkers’ hours on behalf of employers, grew out of the federal investigation into Tillman’s conduct on the waterfront (“Collateral Catch,” Mobtown Beat, March 31).

Asked about the investigations and the upcoming elections, Thames says, “I don’t really have no recommendations. As far as Rocky and all them, all I know is what you know.”

The conversation with Thames occurred on Nov. 12 in a hallway outside a courtroom at the U.S. District Court in Baltimore. Thames, whose street name is “Gotti,” had just pleaded not guilty to an indictment accusing him of being a cocaine dealer. According to the charging papers, on Sept. 1 law enforcers descended on Thames’ Essex residence armed with a search warrant. The search turned up about five ounces of cocaine, about $5,000, two digital scales, and two blocks of mannite, often used as a cutting agent for illegal drugs.

Thames’ circumstances—along with convicted criminals Tillman and Jackson being Local 333 members and union president McKenzie’s hazy criminal charge—beg questions. Does Local 333 draw people with criminal pasts or presents? And if so, why? Thames answers as best he can, saying, “I don’t know.” Attempts at follow-up interviews were unsuccessful.

 

In 2005, the U.S. Department of Justice in New York filed a civil racketeering lawsuit against the national ILA. The government calls its target “the Waterfront Enterprise,” and says it is comprised of ILA leaders and members and associates of the Genovese and Gambino organized-crime families. Among the dozens of named defendants in the case are two Baltimoreans: Richard Hughes, the ILA’s president, who is the longtime business agent for Local 953 in Baltimore; and Horace Alston, a Local 333 member who serves as an ILA vice president in New York.

The purpose of the litigation, the federal attorneys wrote in a 2008 motion, is “to eradicate the pervasive and long-enduring Waterfront racketeering that has deprived” the ILA’s “honest membership,” the “innocent beneficiaries” of its pension and welfare funds, and businesses that use ILA labor “of rights and property for decades.”

Last week, the ILA’s problems in New York and New Jersey were put under a spotlight by the Waterfront Commission of New York Harbor, the watchdog agency that polices port labor practices there. According to news reports, testimony revealed that an ILA shop steward makes $400,000 a year logging 168 hours of work each week, an ILA timekeeper earned about $462,000 in 2009 by getting paid for 25-hour workdays, and a cargo checker with mob ties had a no-show job. The hearings seek to reveal how irrational labor practices drive up port costs and create conditions ripe for organized crime to have a say over how billions of dollars worth of cargo is moved through New York Harbor each year.

The words “Baltimore,” “Maryland,” or “Local 333” do not appear in the federal case, which focuses on conduct alleged—or in many cases proven—to have occurred in New York, New Jersey, and Florida. Nonetheless, the ongoing, slow-moving litigation casts a pall over the ILA as a whole, lending credence to the possibility that something about its institutional culture attracts, or perhaps even welcomes, criminal elements.

People like to say that Baltimore doesn’t have organized crime; instead, it has disorganized crime. There aren’t any Gambinos or Genoveses to infiltrate the ILA here in Mobtown, calling the shots about how cargo gets moved. Instead, there are run-of-the-mill, disorganized criminals. An analysis of the Local 333 membership roster bears this out.

Local 333 isn’t packed with people who have bribery, extortion, racketeering, kickback, and public corruption backgrounds. Instead, the records of many Local 333 members reflect the core criminality of Baltimore: drugs, violence, and property crime. At least a fifth of its membership consists of serious felons.

City Paper used online court records to determine that out of the 918 distinct port identification numbers issued to ILA members through Local 333, according to its roster in mid-October, 272 of them are held by presumably honest workers who have never been charged with a crime in Maryland in their adult lives. Thus, at least 29 percent of the membership is untainted by any criminal accusations at all, based on available information.

The number of completely upstanding members is likely greater, because, in the case of another 267 members, City Paperwas unable to ascertain whether or not they’ve ever had criminal charges filed against them in Maryland: Either their names were too common to match up with available information in the court records, or someone with charges or convictions on the record shared their name, but available information was insufficient to reach any definite conclusions. Of these 267, it is unknown if they’ve ever been charged with a crime, charged but not convicted, or found guilty. This group comprises another 29 percent of Local 333’s membership.

That leaves at least 379 members, or 41 percent of the membership, who are confirmed to have been accused of criminal wrongdoing in Free State courts at some point in their adult lives—though this number, too, is likely to be higher, given the 30 percent of members with undetermined backgrounds.

Of these 379 members, 219—almost a quarter of the union membership—have been convicted. By removing from the list of convicts those who were ruled guilty only of relatively minor charges—things like traffic offenses, cable-television fraud, open container, disorderly conduct, housing violations, leaving the scene of an accident, etc.—the list is whittled down to 194 members with serious criminal backgrounds, more than one-fifth of Local 333’s roster.

So far this year, 21 members of Local 333 have been convicted of serious crimes. All but one of them have prior convictions. Their 2010 convictions include: armed robbery, possession with intent to distribute drugs, drug dealing, attempted drug dealing, drug possession (five counts), firearms (three counts), sex offense, escape, theft (two counts), and assault (three counts).

One member, who was convicted this year of escape and drug possession, already had 10 convictions dating back to the mid-’90s for such crimes as drug dealing, battery, firearms, robbery, and car theft. Another, who was convicted this year of theft, also has an open drug-possession charge and has been convicted previously of drug-dealing crimes in 2004, 1997, and 1996. On average, before getting convicted this year, this group’s number of prior guilty findings is three, and three of this year’s convicts were first found guilty of a serious crime in 1993.

In 2009, 19 members were convicted of serious crimes. Six of them were subsequently convicted of other crimes in 2010, or currently face open charges. Their 2009 convictions include: assault (three counts, including one for assaulting a correctional officer), theft (four counts), possession with intent to distribute drugs (two counts), drug dealing, drug possession (five counts), driving while intoxicated (two counts), and escape (two counts). All but two of them have prior convictions on their records and, on average, this group, like 2010’s, had three prior convictions. The member convicted of assaulting a prison guard has drug-dealing and firearms convictions going back to 1995, while another, convicted of three counts of theft in 2009, has drug dealing and assault convictions going back to 1996, and faces new drug-possession charges this year.

Thus, the group of Local 333 members convicted recently of serious crimes consists almost entirely of repeat offenders, and several have records that make them appear to be career criminals. Being a Local 333 member, with access to good wages working as a stevedore, does not seem to have solved the recidivism problem for them.

It is possible that many of those with serious convictions in their past have put their criminal behavior behind them, with the aid of their well-paying jobs at the port. Of the 98 members of Local 333 who had serious criminal convictions in 1995 or before, 40 have never been convicted of a crime again (though one of them was recently arrested for drug possession, which triggered an outstanding drug-dealing warrant from 22 years ago). That’s a powerful statement about the rehabilitative effects of a good job. Among the remaining old-school felons, the picture is rather dismal.

These 58 aging criminals, on average, have been convicted three additional times since 1995. Eleven of them have five or more new convictions since then, including for: theft (13 counts), drug possession (21 counts), possession with intent to distribute drugs (six counts), drug dealing (three counts), assault (10 counts), robbery (two counts), firearms (two counts), deadly weapon with intent to injure, conspiracy (two counts), violating protective orders (four counts), and 16 probation violations. The other 47 members, who have one to four convictions since 1995, display a similar laundry list of bad or dangerous conduct: assault (11 counts), firearms (three counts), drug dealing (seven counts), possession with intent to distribute drugs (14 counts), drug possession (20 counts), and theft (nine counts)

In addition to the 58 members who appear to be career criminals and the 38 members convicted of crimes since 2009, nearly all with prior convictions, there are 23 members of the local who currently face open charges and are awaiting trial. They are accused of such crimes as arson threat, false imprisonment, attempted kidnapping, assault (seven counts), sex offense, felon in possession of a firearm, possession with intent to distribute drugs (two counts), drug possession (nine counts), selling counterfeit goods, burglary (three counts), driving while intoxicated (two counts), and violating a protective order.

While Local 333 has more than its fair share of felons, new, old, or soon-to-be-again, it also boasts a high number of productive members of society who either have never demonstrated a criminal disposition, or shed their criminal lifestyles long ago. Whether or not these good people make up the union’s majority is hard to say, but they might. And the upcoming elections offer them the chance to control the local’s destiny.

When visited at his fundraiser at Kenneth Jackson’s Eldorado strip club on Nov. 15, Riker “Rocky” McKenzie declined to discuss his candidacy for president—or anything at all, for that matter. He refused to answer questions and said he was not interested in receiving a follow-up call to try to change his mind about being interviewed.

McKenzie’s opponent, John Blom, wasn’t eager to talk either when reached by phone a few days later. He was unhappy because a rumor had been making the rounds that he’d sicced City Paper on McKenzie, which was not the case. But Blom agreed to answer questions, though he was far from pleased with the prospect that his union would be portrayed as a den of thieves, drug dealers, and other ne’er-do-wells.

The union’s problems, Blom says, are not due to criminal elements in its midst, but instead to “disarray” and “infighting” that are detracting from its ability to defend workers from employers’ never-ending quests for labor-contract concessions.

“I was originally planning on retiring this year,” says Blom, who has been a member of Local 333 since 1977, “but I don’t want to leave with it in such a mess as it is in right now.” He says “there’s an incredible amount of infighting involving Mr. McKenzie,” and it’s gotten so bad that “people won’t work together. It’s pretty brutal, to the point of being, as far as I’m concerned, pretty dysfunctional.” He explains that “the infighting is making us ineffective when the companies are trying to wrest concessions from the workers,” but is circumspect when it comes to the details of what’s prompting dissension in the ranks.

“It’s all kinds of stuff,” he says, “kind of in-the-family stuff, so I don’t want to go into it. But it needs to stop in order for us to be an effective organization. I’m going to take a crack at making things better. I believe I can be a unifying force. I think I’m pretty well perceived as being a fair person.”

As for the contention, based on the roster analysis, that the local appears to have been infiltrated by active criminals, Blom believes the data City Paper turned up “pretty much matches up with the population of Baltimore City. Statistically, I don’t think that’s unusual,” he says of the high proportion of ex-cons, recent convicts, and recently accused people among Local 333’s membership. “We incarcerate people at a far greater rate than any other country in the world,” he points out.

Blom, who is one of the local’s many members without a trace of criminal blemish in his background, concedes that the local may have attracted some who want to be members just so “they can tell a judge, ‘Yeah, I work there, and I’ve worked there for five years,’ even though maybe they haven’t worked a shift in five years.”

Kenneth Jackson and Milton Tillman Jr., who both have legitimate business incomes, presumably don’t have to worry about explaining where their money comes from. Asked what advantage a union stevedoring job—especially one that they may not work—provides Jackson and Tillman, Blom says, “I don’t have a clue. That’s beyond my payscale.”

Blom adds, “I don’t even know who the Jackson guy is. ” Of Tillman, he says, “I recognized by sight the guy who said he was Tillman” while working at the docks, “and all of the sudden, he disappeared.”

Meanwhile, Blom is banking on winning the Dec. 3 election for Local 333 president so he can work to make the union’s problems disappear too.

The Oyster Counters: On the water with the scientists on Maryland’s 75th annual Chesapeake Bay oyster survey

By Van Smith

Published in City Paper, Nov. 11, 2014

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It’s dark outside, and the pre-dawn Monday morning traffic in Baltimore’s Harbor Tunnel is light. I just made a mad dash out of bed, into my truck, and to the ATM and gas station, thinking I’d overslept to make a timely 7 a.m. arrival for my date near Taylor’s Island on Maryland’s Eastern Shore, where I was to jump on a boat with a host of state-employed oyster experts. As I emerge from the tunnel and head toward Interstate 97, I glance at my phone—oh, right, the clocks changed back over the weekend. Knowing I’d be early, I slow down, put on the cruise control, relax to some tunes, and start to think about oysters.

The men I’ll be meeting carry on what they and others have been doing for 75 straight years: conducting Maryland’s annual oyster survey, a running measure of the size and health of Maryland’s wild population of Crassostrea virginica, better known as the Eastern oyster, the only oyster species in the Chesapeake Bay. From aboard the 48-foot, diesel-powered research vessel Miss Kay, they dredge samples of oysters off their colonies, or bars, from the same locations all over the Bay every year, and sort, count, and measure the catch, saving some to take to a lab to study for disease, and putting the rest back overboard. After a few months, the resulting data ends up released and summarized in the widely anticipated “Maryland Oyster Population Status Report.”

When the survey started in 1939, Maryland watermen landed more than three million oysters; in 2013, the commercial harvest was 341,000 oysters—about a tenth of the historic take, but the largest in a dozen years. The survey has yielded good news in recent times, as the incidence of disease among oysters has been low and their survivorship high, though the measure of their reproductive success—the amount of “spat,” or baby oysters growing on shells—has been uneven. The generally positive trend tentatively indicates a depleted fishery on a bit of a mend, a sign that nearly 200 years of regulation of the fishery, and significant modern public investment in recovery efforts, are bearing some fruit.

As Eric Schott, a University of Maryland Center for Environmental Science biologist at University of Maryland Baltimore County’s Institute of Marine and Environmental Technology, told me over the phone recently, the oyster survey is “seeing historically low disease rates with high recruitment rates, and this last year was really a blockbuster,” trends that he attributes to “oyster restoration efforts that are fantastic now.”

I’m hungry and under-caffeinated, but determined not to hit some franchise along Route 50 East. So I hold off as I leave Cambridge, faithful that there will be a stalwart back-roads survivor that serves the locals as I head westward on Route 16, which, as the convenience stores and housing tracts give way to farmland, pine stands, and salt marshes, eventually becomes Taylor’s Island Road.

Sure enough, as the sun starts casting a few dim rays on the tops of the pines, I come across a roadside building that houses both a U.S. Post Office and the Woolford General Store, where a big sign outside advertises kits for growing your own Chesapeake Gold oysters, sold by an aquaculture outfit in nearby Hooper’s Island. This reminds me of a simmering cultural and economic conflict between traditional Maryland watermen, who rely on healthy wild stocks to make their living, and a new breed of science-savvy oyster farmers, whose caged stocks form manufactured reefs on leased stretches of bay bottom. The watermen tend to see the rise in oyster aquaculture as an unsightly threat to their freedom to fish, but the ecological benefit of live oysters, the more the better, is hard to argue against: Each full-grown one can filter many gallons of water a day, helping to cleanse the bay’s polluted waters and thereby boosting the fortunes of all its fisheries.

A couple of dudes in camouflage and wearing muck boots are walking out of the Woolford General Store, carrying coffee and brown bags as they get in their lift-kitted pickups. Inside, munching on bacon-egg-and-cheese-on-ryes and watching the political ads on the local TV station, I note the wares for sale: guns, fishing equipment, beer. I’m less than 10 miles from the strip malls of Cambridge, and only about 90 miles from Baltimore, but places like this remind me how rural much of Maryland is. A rooster crows nearby as I get back in my truck to leave.

Heading west from Woolford, the road crosses the upper reaches of Madison Bay, Woolford Creek, and Parsons Creek, where dead pine trees at the edges of the salt marshes stand as testaments to one of the many changes the Bay’s habitats are undergoing: The intrusion of brackish water from inexorable sea-level rise is killing off the pines at the edges of marshes. A bald eagle lights from one of them as I drive by, and I remember past trips to Taylor’s Island, when, while kayaking, I drifted close by as dozens of eagles feasted on huge rockfish, too busy using their talons to tear apart the fish flesh to be bothered by me. The dead pines apparently make good habitat for hungry eagles, as they can perch atop them and watch for passing fish.

Slaughter Creek Marina, where I’m to meet the oyster-survey team from Maryland’s Department of Natural Resources (DNR), is providing a temporary berth for the Miss Kay, but it’s the permanent home of Palm Beach Willie’s Restaurant and Bar, an unlikely Key West-style party spot in a tiny community that boasts a population of 174. I’m quite early, and totally alone, so I change into my foul-weather gear, sip my coffee, and wait. The Miss Kay is at a slip, basking in the rising sun, amid a spare combination of working boats and yachts that bob in the wind-driven waters of the marina. Finally, right at 7 a.m., a white pickup truck with state-government license plates arrives, and two men get out and walk the pier to the Miss Kay. They seem not to notice me, so I tentatively follow.

“You the reporter?” asks Dave White, the pony-tailed, clean-shaven captain of the Miss Kay. He’s wearing a U.S. Navy cap and khakis and he and his mate, Thomas Wilson, are busying themselves with starting the Miss Kay’s engines, booting up the navigational systems, getting a pot of coffee going, and preparing the deck for a day of work on the water. I try to stay out of the way, feeling very much the landlubber despite my bright-yellow nautical attire.

Soon, the scientific team arrives: leader Mitchell Tarnowski, head of monitoring and assessment for DNR’s Shellfish Division; two biologists who work under him, Robert Bussell and Mark Homer; Chris Judy, the former Shellfish Division director who now runs a DNR citizen-involvement aquaculture program called Marylanders Grow Oysters (MGO); and Steve Schneider, also with MGO. Tarnowski, Homer, and Judy have known one another for nearly a quarter-century, while Bussell’s been around with them for about a decade, and Schneider joined in four or five years ago, Tarnowski explains later, calling Homer the “old guy” and Schneider—the only beardless one of the bunch—the “newbie.” All of them, it becomes apparent over the course of the day, enjoy the kind of in-the-field camaraderie that grows from mutual respect earned over time spent in their common cause: understanding and trying to heal the bay’s struggling wild oysters.

This is “probably the longest-running oyster survey in the country, if not the world,” says Tarnowski, adding that its 75th anniversary makes it “sort of a special year for us.” He also points out that “you came out on a good day,” because “two of the most knowledgeable guys on oysters in Maryland” are on board: Judy and Homer. Judy’s MGO program—which promotes the placement of caged oysters off waterfront property, strictly for their ecological benefits, not for eating—is “going like gangbusters,” Tarnowski explains, and Homer has a Ph.D. and has been “working on oysters for 25 years,” so “you’ve got two guys who really, really know their stuff.”

 

The men wear hats, put on oilskins, and get work gloves at the ready, for warmth and protection from the cold, wet, dirty work ahead (except for the long-haired Homer, who goes bare-handed and hatless, wearing a green parka over his Orioles T-shirt). Bussell wears nothing on his feet but Teva-style sandals, and, faced with remarks about what must be his remarkable circulatory health, quips that his toes “died years ago.”

“First station’s right out here,” announces  Tarnowski over the roar of Miss Kay’s engines, as he points up Slaughter Creek to an unmarked spot. “All right, let’s get going,” announces White from the helm, and starts to maneuver the vessel out of the marina.

Minutes later, White slows down the Miss Kay as Bussell, Wilson, and Schneider ready the power-dredge rig, which sits on the vessel’s stern and releases the dredge over its starboard aft. The first of the day’s data-gathering rituals is set to begin.

The dredge is a 32-inch-wide heavy-chain basket attached by lines to a powerful hydraulic winch. At 14 locations all over the Little Choptank River during the course of the day, it will be lowered onto the bar below and dragged for a short distance before being winched back up, filled with whatever was in its path. Once hoisted out of the water, the dredge will be guided back aboard, and, as it hovers over a platform fitted on the Miss Kay’s aft deck, Wilson will pull its release lever, causing its bottom to open and its contents to dump onto the platform.

Once a dredged batch of oysters is on the platform, Bussell uses two hands to scoop them into a half-bushel bucket, takes the full bucket to another platform on the port side, just outside the Miss Kay’s cabin, and dumps them out. Now, after buckets of bay water are poured over the oysters to give them a quick cleansing, the sorting, counting, measuring, and inspecting begin in earnest.

Judy, Homer, Schneider, and Bussell dig into the pile of oysters and start calling out things like “two markets,” “small box old,” “oh yeah, gaper, market gaper,” and “market spat,” as they plunk them into metal buckets. They also call out the names of other creatures found in the batch, like “mud crab,” “sponge,” “barnacle,” “mussel,” and the name of a small fish that Homer describes as “beautiful” and explains is “one of the few true reef fish that only live on reefs.” He releases it overboard, saying, “I don’t think he’s going to make it to the bottom, probably get eaten on the way down.” After separating larger from smaller oysters, the men use little plastic rulers to measure their length in millimeters, sounding out a chorus of numbers such as “98, 77, 82, 90,” and “92, 117, 106, 112.”

As his crew calls out their findings, Tarnowski sits nearby with a clipboard and a pencil, madly scribbling on a legal-sized sheet of paper that is printed with boxes, rows, columns, and checklists designed for the survey, turning the chorus of code words and numbers into meaningful data. He has an interesting and efficient way of marking out counts of 10: First he makes four dots, then he connects them with four lines to make a box, and finally he marks an “X” in the middle.

“We look at how many are alive, how many dead, their sizes, and fouling organisms like barnacles and crabs,” Tarnowski explains—as well as large numbers of “sea squirts,” ball-shaped organisms about the size of marbles that cluster around the oysters, and which Tarnowski says “are more closely related to us than they are to the oysters.” Market-sized oysters of 76 millimeters (three inches) or more are called “markets,” while “smalls” are less than market size and “boxes” are dead oysters whose shells have not yet separated from one another, indicating they died relatively recently–though there can be new boxes with clean shells inside and old boxes, which tend have things living in them. A “gaper,” Homer explains, is “a dead oyster that still has meat in it. You don’t want to smell it, very disgusting.”

Thus, an endemic oyster culture infuses the whole enterprise, as the terminology, Schneider explains, is specific to the survey, while the oyster bars sampled have names such as Cason, Ragged Point, Butter Pot, and Grapevine, says Tarnowski, that arose from age-old local traditions.

The oyster-eating tradition, though, is not universally shared by the survey crew. Judy, who opened up a couple for close examination over the course of the day, only likes them cooked, but Schneider happily slurps a raw one down, and recalls long-ago days in Louisiana when he could get them so cheap “you could make a meal out of them for less than 10 bucks, beer included. It’ll never be like that again.” They all seemed to like my description of a P.S. Mueller line-drawing cartoon I’ve always remembered, though, in which a man holds an oyster on the half shell, and the thought-balloon over the man says, “I wonder if it’s alive,” and the one over the oyster says, “I wonder if he’ll chew.”

 

After finishing up the tally at the Slaughter Creek site, White throttles up the Miss Kay and heads up the Little Choptank River toward the Cason bar, passing two large barges on the way, one bearing a crane and the other filled with fossilized oyster shells brought up from Florida. These are part of an ongoing, high-dollar effort by DNR to construct hundreds of acres of oyster reefs in the Little Choptank and two other tributaries, Harris Creek and the Tred Avon River, and all told the price tag could come to more than $70 million. At one of the Little Choptank sites the Miss Kay crew visits, fossilized oyster shells came up in the dredge, along with “marl,” the calcium-carbonate substrate in which the oyster fossils were embedded.

Local officials have questioned the oyster-reef projects, worrying that its potential future benefits come at the expense of current fishing. But perhaps a more fundamental issue is whether the Little Choptank and its tributaries, which are showing signs of a natural rebound thanks to being oyster sanctuaries where harvesting has been banned since 2010, are appropriate sites for reef-building, rather than other places where oyster populations have collapsed. I make the point that unproven investments made in places where success is likely, should they succeed, will enhance the public’s willingness to make similar investments elsewhere in places that have greater need. Tarnowski agrees, saying later that “other people have other opinions, but it makes more sense to get the momentum going to prove the concept, so we can get to the other areas that need it.”

Once at the Cason bar, a slight controversy comes aboard with the dredged catch: “hatchery spat,” they call it. Over about 1,600 acres of Bay bottom, the nonprofit Oyster Recovery Partnership (ORP) has planted about five billion baby oysters on shells, after they’ve been raised from seeds at the Horn Point Laboratory’s hatchery at the University of Maryland Center for Environmental Science’s campus in Cambridge. The ORP’s efforts have been quite successful—monitoring reports by University of Maryland’s Paynter Laboratory found survivorship among ORP’s planted spat to average around 35 percent over the past few years, much higher than in years previous—but an apparent breakdown in coordination between ORP and DNR’s survey team has resulted in hatchery spat being planted on part of the Cason bar.

“Generally speaking, it hasn’t been that much of a problem,” Tarnowski explains later, “but I was surprised that it was on Cason that they planted, because that’s one of our main bars.” The difference between natural spat and hatchery spat is easily spotted: “Hatchery spat tend to be clustered in large numbers,” he explains later, “and you can also tell by the shells, which are from shucking houses, so they have nicks on them. There are one or two oysters per shell in natural spat.” The issue can be cleared up, he says, with “a meeting of the brain trust” to avoid ORP planting on bars that are part of DNR’s annual survey. “In the beginning of the year, they just need to say ‘we’re going to plant here, here, and here,’” he concludes.

Another sample is taken at another part of the Cason, untainted by hatchery spat, and, after the sorting, counting, and measuring, Tarnowski is enthused, saying, “that’s a nice haul.” Overall, he says, the day’s survey is showing about 250 market-sized oysters per bushel dredged, and a bushel sold usually contains about 350 oysters, “so we can say roughly two-thirds is just oysters, and that’s very nice, so this river’s doing good. It’s coming back all on its own.”

Two years ago, Tarnowski continues, “we got a lot of spat, and we can see that they’ve grown up,” though “they’re not reproducing” like they did in 2012 and 2010. “Recruitment—that is spat set—was poorer than in previous years, but there’s very good survivorship, not many boxes,” he adds, and that’s “very encouraging” given that “this is a river where there was 92-percent mortality 12 years ago” due to disease.

 

Back in the Miss Kay’s cabin, while en route between locations, the conversation among these professional oyster counters tends toward the jocular and trivial. Killing time is an art form, and among these guys, with their long histories together, it’s been perfected.

Tarnowski asks who recorded the most popular version of Donovan’s song ‘Season of the Witch,’ and eventually gives up the answer: Steve Stills and Al Kooper on their “Super Sessions” release, and Homer points out that Jimmy Page played guitar on the original. They work out that the H.L. Mencken-inspired character in the movie version of “Inherit the Wind,” about the Scopes monkey trial, was played by Gene Kelly, that Stills’ accordion made a cameo in the Ridley Scott movie “Prometheus,” and that it’s strange that there are many people named “Viola,” but probably none named “Violin.” Tarnowski is a huge Joseph Mitchell fan, given the writer’s detailed journalistic treatments of marine-biology subjects, including oysters, while Bussell and Homer proudly recollect their work on a short video about the precipitous collapse of Maryland’s razor-clam population, a prized bait-fishery for crabbers, and especially reminisce on their creative use of music in it, including snippets from Pink Floyd’s “Wish You Were Here.” I contribute my bit about how I once caught my very pretty cat carrying on amorously with a baby rat, and that it turns out there’s a scientific explanation for such oddball behavior on the part of the rat—but not the cat, who’s just incredibly dumb.

As the day wears on, the breeze eases and the temperature rises with the sun. At the mouth of the Little Choptank, James Island is visible, a shrinking, sinking island whose contours I mapped by kayak in 2007 and 2013, using a handheld GPS, showing it had lost 67 percent of its acreage in six years. It looks like it’s lost even more in the past year, as has the farm on Oyster Cove on the northwest tip of Taylor’s Island whose fields have been falling into the Bay in huge chunks, once again reminding me how real sea-level rise is. Nearby, divers are collecting oysters from the bottom, working off of two boats outside the sanctuary boundaries, and Judy remarks on the incredible dangers they face. As for the dangers the bay faces, Judy says he’s “an optimist. You got to just keep grinding and working, and there are setbacks, but hopefully we can get the job done.”

 

The oyster-recovery job has really only just begun, despite generations of earlier efforts. The U.S. Army Corps of Engineers has been working on it for the last 15 or 20 years, but its coordinated master plan for Maryland and Virginia, the latest draft of which was put out in 2012, calls for restoring 20 to 40 percent of the bay’s historic oyster habitat and protecting it as sanctuary. The cost, covering about 20,000 to 40,000 acres of habitat restoration in 19 targeted tributaries, is estimated to range from $2 to $8 billion. Citing scientific literature to provide a baseline for the hoped-for rebound, the Corps says the bay’s oyster abundance has dropped 92 percent since 1980, and 70 percent of its habitat has been lost in that time. It’s a big, big project, but it’s now begun: The Chesapeake Bay Watershed Agreement, signed in June this year, calls for 10 reef-building projects like the ones in the Little Choptank to be completed by 2025.

The Miss Kay heads back to the Slaughter Creek Marina, and I jump ship, as do Bussell and Homer. The rest, though, head back out to do a few more dredges on their way to Oxford, where they’ll drop off the bags of oysters they saved for lab work at the Cooperative Oxford Laboratory, an oyster-studying facility run jointly by DNR and the federal government, to see if they are suffering from any diseases.

Though it’s too soon to say that setting up sanctuaries, planting hatchery spat, and building new reefs are actually leading to a self-sustaining and rebounding oyster population, what’s known so far about this year’s oyster survey—that, as Tarnowski puts it, “we’re still seeing good survivorship, but not much spat set”—indicates that it’s another decent showing, especially if the disease work, which won’t be completed for another couple of months, continues to show a healthy population.

 

Three days later, I talk to Tarnowski over the phone, and he’s again enthused at what the survey is showing. “We had a shit-load of oysters today on Harris Creek,” he says, “and also on Broad Creek, which is open to harvesting, including dredging. And on one bar at the mouth of Harris Creek, we saw 28 boats dredging.” Thus, what’s shaping up to be another good year for DNR’s oyster counters may also be another banner season for the watermen. And you know what that means: more Chesapeake Bay oysters to eat.

Aquageddon: A disappearing island shows what rising sea levels mean for the Chesapeake Bay

By Van Smith

Published in City Paper, Apr. 17, 2013

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My trusty handheld GPS helps keep me safe while kayaking, letting me know precisely where I am on a map. But bringing it along on kayaking trips, it turns out, can serve more than my own personal safety: It’s also a useful tool to map the land-devouring effects of sea-level rise in the Chesapeake Bay.

On April 21, 2007, I kayaked around James Island (pictured), at the mouth of the Little Choptank River, in Dorchester County on Maryland’s Eastern Shore. The outing, for which I made camp at the nearby Taylor’s Island Family Campground, was part of my research for an article about exploring the Chesapeake Bay’s vanishing islands (“Wetlands,” Feature, May 23, 2007), about 40 of which oceanographer William Cronin had chronicled in his 2005 book, The Disappearing Islands of the Chesapeake.

As Cronin pointed out, sea-level rise in the bay had been estimated at 3 feet per millennium until about 1900, but then, over the course of the 20th century, a 1-foot rise was observed-an acceleration that washed away at least three notable islands and was eating away at the rest.

As I circumnavigated James Island in 2007, hugging the shoreline as closely as possible while dodging fallen pine trees partially submerged in the murky water, my GPS recorded my route, laying it out like a bread-crumb trail on its map. In the end, I’d mapped the contours of the island’s shore-or, rather, the coastline of its three islets, since James is no longer a single island.

The shoreline here is virtually free of gradually sloping beaches and instead ends abruptly with short, precipitous drops into the drink. The small cliffs have been left behind after chunks of land fall into the bay as it erodes, similar to the way melting glaciers lose pieces of their mass in a process known as “ice calving.” Thus, the bay’s tides, rather than going in and out along the shoreline, covering up and then exposing the intertidal zone, go up and down vertically along the bold shore, allowing a shallow-draft craft like a kayak to stay quite close to land regardless of when in the tide cycle one is paddling.

James Island used to be populated as recently as the early 1900s, with 20 houses, a school, a boatyard, a church, and a cemetery. Studies have described its inexorable and ongoing destruction: from 975 acres in 1848 to 72 acres in 2006, losing an average of 5.7 acres annually over the course of those 158 years. A return trip with my GPS would allow me to estimate its land loss in the past six years and calculate whether its rate of loss was more or less than the historical record indicated.

Also in 2007, I gunk-holed around the nearby coast of Taylor’s Island, lingering close to a farmhouse at the northern mouth of Oyster Cove that was precariously close to falling into the bay, and noting the ochre cliffs, 6-plus feet high, that had formed as farmland had been shorn off in great chunks by the force of incoming waves. A return trip with the GPS could provide me with a rough indication of how much more farmland had been lost to the bay’s rising waters-though the fate of the house would be a matter of simply using my eyes.

First I paddled from the campground on Taylor’s Island to the Oyster Cove farmhouse, which is now reduced to a pile of rubble. My GPS indicates I paddled on water about 100 feet inland from where I’d been in 2007-a feat only possible due to a significant sacrifice of farmland to Neptune. When I had asked about this earlier at the campground, an old-timer estimated about 30 acres of this farm had fallen into the bay in the last five years or so-as reasonable a guess as any, I suppose, given that the bay’s now 100 feet further inland.

I headed out from the Oyster Cove point to the southern tip of James Island-a stretch that has lengthened in the past six years, according to my GPS. It’s now a 0.6 mile trip, about 530 feet more than it was in 2007, yet another measurement of vanished land. Then I paddled around the three islets, forming another GPS bread-crumb trail that, when compared to the one laid down in 2007, indicates 67 percent of James Island’s land has succumbed to the Chesapeake’s tides in six years. The rate-6.2 acres per year-is a half-acre more than the average annual rate of land loss over the 158 years prior to 2006.

CP’s webmaster Andrew Vogel took the GPS locational data from my two trips around James Island, imported it into Google Earth, and used the software to create two shapes for each island, one for 2007 and the other for this year. Google Earth then automatically calculated the area for each of the shapes, providing precise measurements to determine how much land James Island lost in the intervening six years.

The results are striking: 37.3 acres have been lost, leaving behind a paltry 18.3. The middle island suffered most, losing at least 16 of the 21 acres it had in 2007.

Based on the GPS coordinates recorded during my two paddling trips, two broad conclusions about the James Island coastline are clear: The bay’s rising waters are claiming its land, and they are claiming it faster than in the past.

Turns out, that’s not surprising. Last year, two groups of scientists published research indicating not only that the mid-Atlantic coast’s sea level recently rose significantly faster than the global average, but that its rate of rise in the Chesapeake Bay is accelerating.

James Island is “like a canary in a coal mine,” says Court Stevenson, a professor at University of Maryland’s Center for Environmental Science in Cambridge and a long-respected expert on sea-level rise’s impacts on the bay’s shores. He recalls going to James Island about 15 years ago and tagging 100 pine trees whose circumference he intended to measure to determine their rate of growth. “We went back a year a half, two years later, not a tree was standing. They were all gone-100 of them. Basically, our whole study was gone.

That kind of rapid land loss, especially if it quickens with an acceleration of sea-level rise, may well foretell the story of the Chesapeake Bay coastline’s future.In 1914, J. Fred. Hunter of the U.S. Geological Survey (USGS) studied several of the Chesapeake’s fast-eroding islands near the Choptank and Little Choptank rivers, including James Island. After chronicling the land-loss facts based on available evidence, Hunter hazarded a guess: James Island “should disappear in about 150 years,” while adding the blanket caveat that “numerous other factors may enter to disturb the present conditions and rate of erosion.”

Interestingly, should James Island’s land-loss rate of the past six years continue apace, Hunter’s prediction that it will have vanished by 2064 would prove quite prescient. If it continues to lose about 67 percent of its acreage every six years, by 2064 only a third of an acre would remain.

Since I can’t paddle over land, and wasn’t willing to trespass on the Oyster Creek farmland to walk the edge of its cliffs with my GPS, it’s anybody’s guess how much of its acreage has been lost-and how much more will calve off into the bay in the future. But more will; as James Island’s destruction continues, the shore it protected from the waves will take ever-worse beatings and more direct hits by wind-driven waves.

Meanwhile, Hunter’s caveat in making his prediction about James Island’s disappearance-the “other factors”-recently entered into play. The fact that the Chesapeake region’s land continues to subside, thanks to a combination of long-term regional settling of the Earth’s crust after the glaciers last melted, starting about 18,000 years ago, and the more recent drawing down of groundwater as population swelled, only compounds the sea’s accelerating encroachment on land. And that encroachment, based on recent science, is becoming more and more worrisome.

In a paper appearing last June in Nature Climate Change, USGS researchers identified a 1,000-mile long “hotspot” on the East Coast between Cape Hatteras in North Carolina and just north of Cape Cod in Massachusetts – which includes the bay – where sea-level rise has accelerated at three to four times the global average over the last 20 years. This discovery was followed in October by a Geophysical Research Letters paper by a two-man, British-American team of oceanographers who found that the bay’s sea-level rise may have sped up from 1 to 3 millimeters per year in the 1930s to 4 to 10 millimeters per year so far in the 2000s. If the 10-millimeter high end holds true in the future, then the bay’s water will rise a little bit more in the next 100 years than it did in the 1,000 years prior to 1900.

In short, scientists recently started to detect a “hockey stick” shape to the sea-level-rise curve for the Chesapeake Bay, which would spell faster-arriving impacts from the already-expected inundation resulting from climate change. No wonder, then, that James Island’s land loss has been appreciably faster in the last six years than in the preceding period back to 1848. It’s just one example of a near-endless litany of anxiety-inducing repercussions that faster-rising seas are expected to have on the bay.

Stevenson, who says he first came to live on and study the bay in 1972, says that “when I first started talking about sea-level rise, people thought it was just sort of flat-it was increasing but it wasn’t accelerating. But now it is inflecting upwards, and that spells trouble. You just get much more erosion since the water level is higher and higher in the flood plain, and the wave attack is much, much higher, and places that once were underwater only a few hours a day get inundated much more of the day, so they just keep getting this wave action that just keeps beating on it. If sea level is inflecting upwards, then it’s all just going to happen a lot quicker than we had seen in previous centuries of sea-level rise. And that, in a nutshell, is what a number of us who are concerned about sea-level rise are worried about.”

Not surprisingly, such worries have been getting high-level attention.

On Dec. 28, Gov. Martin O’Malley (D) signed an executive order that, had it been read at the time by Marylanders trying to enjoy a holiday break from their routines, would likely have caused some to choke on their eggnog.

It’s purpose was dry enough-that state agencies incorporate the risk of inundation from coastal flooding and sea-level rise into all planning for future state-capital projects, that agency construction projects be built at least 2 feet above the 100-year flood line, and that additional recommendations for safely building or renovating state structures in light of sea-level rise be devised quickly. But its preamble-the “Whereas” section-cited the recent USGS “hotspot” study to tick off a list of current and anticipated problems sea-level rise entails. Among them were:

-“The State of Maryland is currently losing approximately 580 acres every year to shore erosion.”

-“Alarmingly, thirteen Chesapeake Bay islands once mapped on nautical charts have been lost.”

-“Future changes in sea level threaten to increase the State of Maryland’s vulnerability to storm events, causing more shore erosion and severe coastal flooding, inundating low-lying lands, submerging tidal wetlands and marshes, and resulting in additional salt-water intrusion, and high water tables.”

-“The State of Maryland has approximately 450 existing State-owned facilities and 400 miles of roadways within areas likely to be impacted by sea level rise over the next 100 years.”

-“Billions of dollars of investments in public infrastructure will be threatened if the State of Maryland fails to prepare adequately for climate change.”

In the neighboring state of Delaware, Gov. Jack Markell (D) got into the act in January, with a “state of the state” address that envisioned a future so threatened by rising seas-and especially the hurricanes that come with them-that the time has arrived to do triage on what can and cannot be protected. Calling last fall’s Superstorm Sandy a “wakeup call,” Markell said that Delaware must start “strengthening dikes and dams, conserving wetlands, improving drainage, or nourishing beaches,” but “the need for this infrastructure exceeds the resources available,” so the state must have a “frank conversation” about how to “prioritize and finance projects, so that we protect what we can and make realistic choices about what we cannot.”

There have long been such frank conversations about restoring the bay’s vanishing islands with dredging spoils, 3 to 4 million cubic yards of which are scooped out of the bay’s channels each year to keep the Port of Baltimore accessible to ships. Since 2006, James Island has been one of the islands selected to be built back up this way, as part of something called the Mid-Chesapeake Bay Island Ecosystem Restoration Program, which would provide new uplands and wetlands as wildlife habitat and also recreate a buffer to help protect the Little Choptank River coastline from ongoing loss of land. But other than studies-many of them have been conducted, providing a wealth of details about James Island’s history, ecology, and geology-there’s been no further action.

The project is “unfortunately stalled,” says Maryland state Del. Jeannie Haddaway-Riccio (R-District 37B), who represents several bay-facing Eastern Shore counties and strongly supports the program. The reason, she says, is that it relies on “federal money that has not been dedicated other than to planning.” Still, she stresses the need to “shore up those islands” to provide a buffer for communities and landowners to the east.

“The longer we put it off,” she says, “the more expensive and harder it is to rectify.” She says that on Hooper’s Island, just south of Taylor’s Island, “gravesites have been going into the water” and notes that “it’s amazing, the cliffs that have been created” by the gouging action of the waves hitting the shore.

At Taylor’s Island Family Campground, owner Bruce Coulson has a front-row seat to the damage wrought by sea-level rise. He and his group, the Dorchester County Shoreline Erosion Group, have long promoted ways to reduce the force of the waves pounding the shoreline in these parts so the bay’s increasingly ravenous appetite for nearby land will be slowed. He has good reason: The bay’s been stealing away his land-though not as fast as it’s been taking it from other nearby landowners, thanks to the huge chunks of concrete he’s placed along his shoreline. Each weighs 15,000 to 20,000 pounds, he estimates, yet the waves of Superstorm Sandy still managed to move them. Of the 15 acres of land that once comprised this parcel, 11 remain. “The other four is out there in the bay,” he says.

The land loss on Taylor’s Island and other parts of the Little Choptank River waterfront, including a lot of farmland, “just keeps adding pollutants and nutrients and sediments to the bay,” he says. “It’s terrible. It’s chewing off everything. You can sit there and do all you want to clean up the bay, but until you control something like this, you’re just not doing the job.”

One option, he says, is offshore breakwaters to reduce the force of the waves hitting the shoreline. Do that, he says, and coastal property owners might stand a chance to establish “living shorelines” that are being promoted as an environmentally sustainable alternative to lining the shore with heavy rocks. If there were breakwaters, which he estimates would cost about $70 million, based on studies from the late 1990s, “then you can probably put in your living shorelines up and down the bay, but you’ve got to stop that force from coming at you first.”

Another idea Coulson tosses out concerns the imminent problems at Conowingo Dam on the Susquehanna River, which since the 1920s has been holding back huge volumes of sediment that otherwise would have entered the bay. It is nearing capacity, and when it does, new sediments coming down the Susquehanna will simply enter the bay unimpeded, unless something is done. “They’re talking about dredging it,” he says, “and I’m thinking, put it all on barges and dump it off at James Island.”

“If you put that island back in there, you’ve built a breakwater,” Coulson says. Without it, he says, “when James Island is completely gone, up here at Oyster Cove it’s going to really nail us with the northwest wind. There’s farmland that’ll go, but what’s next is the road, and then the county’s going to have to spend a lot of money.”

Until something is done, though, Coulson’s campground will continue to take a beating, protected by the concrete chunks. Erosion has gouged out a cove just south of his property, and during a visit, a stiff breeze was slamming waves relentlessly into the roots of the adjacent pine forest. The bay’s water was thick and gray with sediment, which was being carried northward in discolored tidal currents as downed pine trunks pounded around in the surf.

This is what active, everyday erosion looks like, and it’s not pretty. It looks like what it is: pollution. As the seas continue to rise, scenes like this will become more and more commonplace along the bay’s shores, eating away land and further undermining the bay’s health.

Stevenson knows Coulson and says he “has a lot of good common sense, and he’s a good observer.” But Stevenson is not as sold as Coulson is that rebuilding James Island or building offshore breakwaters is a solution. “I don’t think we can solve it,” Stevenson says of the inexorable erosion caused by winds and waves carried by rising seas. While agreeing that the active loss of large amounts of farming may be a serious pollution issue for the bay-“there’s a lot of nitrogen and phosphorous associated with farmland,” he says, “and 30 acres has a lot of nitrogen and phosphorous that’s going into the bay, as well as the sediment itself that makes the water murky”-he’s essentially gloomy about the whole problem. “We might be able to protect some things and slow it down,” he says, “but I don’t think there’s a fix.”

The bleak outlook seems uncharacteristic for a man whose career has been dedicated to finding smart ways to reverse the long decline of the bay’s ecological health. Yet there it is: “I think that we’re just going to get submersion of land,” he says. “And we’re just going to see more open water.” He holds out a depressing fact for consideration: “We’ve looked at how much marsh is being formed versus how much we are losing-for every 10 acres that we’ve lost, we’ve only gained one over the last 30 years. I’m pessimistic.”

The very real prospect of climate change driving sea-level rise at a quickening pace, and more so in the bay than most other parts of the world, has Stevenson very worried, and he wonders about the wisdom of attempting to concoct technological fixes for the symptoms rather than treating the disease, which he says is clear: the rise in greenhouse-gas emissions, especially carbon dioxide, in the modern era. “If you really look at the expense for the whole Eastern Seaboard and maybe part of the Gulf Coast” for preparing for more rapidly rising sea levels, “it’s maybe better to do something about containing greenhouse gases. But that argument doesn’t seem to have much resonance.”

Major hurricanes – not like Isabel in 2003 or Agnes in 1972, but ones like the one that stormed up the bay in 1938 and is etched in the Eastern Shore’s collective memory – are what make Stevenson “pull my hair out with worry,” he says. “It’s just a matter of time” before one hits, he says, “and it really will be formidable. There’s a lot of places that now exist that won’t. Baltimore is not immune either, with the surge amplified as you go up the bay. It may come in at 3 to 5 feet at the mouth of the bay, and reach 10 feet as you get up to Baltimore. Sea-level rise keeps adding to your base water level, and then you get the storm and what used to be a problem is now a mega-disaster.”

The technological fixes for that kind of threat are truly huge public-works projects, he says, and he has at times brought them up, “arguing that maybe we really start to think about a tidal gate” across the Patapsco River. “That’s what it’ll take, if you really want to keep the infrastructure that you’ve got around the Baltimore harbor, especially if we get this acceleration in the sea-level rise,” he continues, “but it’s billions of dollars for something like that, and then you have Annapolis and Norfolk to worry about too.

“We’re on the edge of a major change, I think, and it’s almost getting to be inevitable,” he continues. “Even the bay cleanup, I think, is at risk, because you see all the pollution just from the erosional processes that we’re going to have to take care of, even more so than in the past, and I don’t know if we can really spend that much money on it. I don’t know what the willingness to pay is to keep the bay in good shape, as global warming and sea-level rise really has a major, growing impact, and I think it’s going to get harder and harder to control the forces we’re unleashing.”

Like most people, Stevenson says he “would like to leave something for the next generation, and I always thought that we could make a big dent here, in terms of cleaning up the Chesapeake Bay.” In the early 1980s, when the bay cleanup program really got into gear, “I thought at that point, Well, they’re probably a little trigger-happy, trying to do too much too quickly. But I thought we had a chance to make a dent. After 30 years, I’m not so sure right now. I think sea-level rise is going to bite us in the ass.”

By the time that happens, James Island will likely have already been bitten out of existence. As long as it’s still around, though, its shrinking, sinking acreage can serve as a reminder that, at the very least, people and leaders around the bay need to prepare for an increasingly inundated future.

Wetlands: Exploring the Shrinking, Sinking Islands of the Chesapeake Bay

By Van Smith

Published in City Paper, May 23, 2007

Taylor's Island House 7

The white strip along the Barren Island shoreline looks like a sand beach nestled in front of a stand of pine trees, a perfect place to rest after the two-mile crossing of Tar Bay by kayak from the Eastern Shore’s Upper Hooper Island. Upon arrival, though, the beach turns out to be an eroding, wave-battered heap of old oyster shells that’s been spread along the island’s edge. The Chesapeake Bay has been licking away at the shell mound, unearthing its contents. Ten minutes of beachcombing yields a handful of weathered pottery shards and an arrowhead with a broken-off tip, likely artifacts of the Nanticoke Indians who once feasted here. Not bad for a brief and unexpected treasure hunt.

In time–a time that’s likely not far off–the treasures of Barren Island will be buried again, this time a yard or so beneath the surface of the bay. The island is going the way of Atlantis, sinking in rising seas like the rest of the Chesapeake coast. Scenes of destruction are dramatic where land is swallowed up in big bites: remnants of old buildings and bulkheads succumbed to storm and tide, forest edges tumbling directly into the bay, small soil cliffs formed at the water’s edge where fields and salt marshes surrender chunks of acreage to Neptune. This inexorable process, seen up close from the low-lying comfort of a shallow-draft paddling craft like a kayak or canoe, is eerily fascinating.

At Barren Island, which has historically lost an average of five acres a year, the seas have claimed tracts that the maps still show as part of the island, and visitors can paddle over what had been land just prior to the last heavy storm. The land loss here and elsewhere along the bay, seen firsthand from the water, is more palpable than on the many TV shows and documentaries that have been made about the effects of the Chesapeake’s rapid rise. One can literally reach out and touch the evidence, or stand on the bay’s bottom where, until recently, dry land had been.

Submerging islands like Barren and its northward neighbor, James Island (pictured), eventually will join sunken ones, like Sharps Island. North of James and a few miles west of the Choptank River’s wide mouth, Sharps used to house a hotel, a small farm, and a steamboat pier. For about 50 years now, the erstwhile island has been underwater, nothing but a shallow stretch of the bay marked on the charts as a nautical obstruction. (Which it is, judging by the 712-foot cargo ship that was stuck in Sharp’s shallow muck for a week this past winter.) Barren Island’s last human residents abandoned its farms, stores, school, and church a century ago; if nature continues its course, Barren, too, soon will be a patch of shoals.

A vessel, a destination, and a willingness to negotiate the logistics of getting there are all one needs for an outing to witness the action of the Chesapeake’s diluvial tendencies. The first part is the easiest for those who own or can borrow a kayak or canoe. Others must seek outfitters, a list of which can be found on the Maryland Department of Natural Resources web site at dnr.state.md.us/outdooradventures/guideeast.html. The last two parts–picking a destination and reaching it–are where the adventures begin.

William Cronin’s The Disappearing Islands of the Chesapeake is a good place to start when thinking about where to go. The book chronicles the histories of 42 bay islands as they’ve grown smaller and is illustrated with A. Aubrey Bodine photographs showing how things looked a half-century or so ago, more recent images of coastal destruction, and maps new and old to demonstrate erosion’s unrelenting hand. For more inspiration, Bodine’s books of photography, especially 1954’s Chesapeake Bay and Tidewater, are worthy companions when choosing a spot to head for. Having narrowed it down to an enticing destination or two, a copy of Delorme’s Maryland-Delaware Atlas and Gazetteer (Delorme.com, [800] 561-5105) will help pinpoint what roads to take to the closest boat ramp, and the location of a nearby campground to use as a base.

Once on the water, a portable, waterproof GPS device is useful. Not only can it (along with a handheld marine-frequency radio) serve as a crucial tool for nautical safety, but it will mark paths on its map screen to show the routes traveled. When kayaking around James and Barren islands, the GPS bread-crumb trails dotting the topographic map will appear largely over land. Paddlers using a GPS while hugging an island’s perimeter function as amateur cartographers, drawing its most up-to-date boundaries and thereby creating striking imagery of the impacts of sea-level rise on the bay’s coastline. Lacking a GPS, a nautical chart is an essential co-pilot.

The Eastern Shore’s Dorchester County is an obvious destination, as the effects of sea-level rise there are particularly dramatic. Blackwater National Wildlife Refuge is Dorchester’s main outdoors attraction, where extensive salt marshes are rapidly giving way to open water, and many old homes lining the county’s low-lying roads have been abandoned due to the Chesapeake’s intrusion. Just west of the county’s bay-facing shoreline are Barren and James islands, which are relatively easy to paddle to, weather conditions permitting.

Camping in Dorchester County is limited to three private campgrounds that mostly function as trailer parks, and two of them are on Taylor’s Island. Given its tiny marina–a mere notch on the coastline–the Taylor’s Island Family Campground ([410] 397-3275) is most convenient for a trip to nearby James Island, and it’s but a short drive to the put-in for paddling to Barren Island. Its small area for tent camping is in the marshy pine woods behind the last row of trailers, a short walk to the showers, a convenient store with a liquor license, a pool room, and a shack filled with video-poker machines. The most prevalent patrons here are beer-drinking men in baseball caps telling fish tales by fire pits, their boats nearby, hitched to pickup trucks. But paddlers are more than welcome to join in the fun.

The bay regularly beats up on Taylor’s Island, with land-moving equipment and piles of rubble along the campground’s battered bulkhead serving as reminders of the constant effort to hold back the tides. Just south of the campground, the coast is rimmed with pine trees fallen out of the woods hugging the high-tide line. North of the campground, miniature coves have been gouged out of the tide marsh by the lapping waves. At the end of the peninsula at the mouth of Oyster Bay, another mile northward, an abandoned, weather-beaten house is awaiting a storm to carry it away, and the farm fields next to it end at the water, with a sharp precipice: a smaller, darker cousin of the famous White Cliffs of Dover.

Bald eagles seem to like this stretch of Taylor’s Island coastline. They perch in high, dead pine trees, or on a ramshackle pier near a crude duck blind, pulling apart rockfish. When visitors get too close, they fly off, wheeling majestically in the air. Eagles are so abundant here, they quickly become a dime a dozen, and a pair of diving loons soon surpasses them as a more unusual sight.

James Island is about a mile into the bay from Oyster Cove, and from that distance, it looks to be forested. Author William Cronin found that it had first been settled in the 1660s, when it covered 1,350 acres and was attached to Taylor’s Island, but as of 1998, James was split up into three small remnants totaling less than 100 acres. It’s even smaller today, as becomes apparent while crossing the passage to it at the mouth of the Little Choptank River. Its remaining pine stands are sparse, and a recent storm knocked many of them into the bay, their needles still green as they soak on their sides in the brackish water. Some of the still-standing trees are gray and dead. Where the island’s salt marshes have fallen away en masse, one can imagine that the embedded pilings and timbers at the edges are all that remain of what was once a pier. So little remains today that it takes an active imagination to envision the island as having been inhabited once.

One of the James Island maps available on-line at Maptech.com shows a cemetery, and Cronin reports that 20 families lived on James in 1892. But the burial plots likely are underwater now, or the grave markers have sunken into a marshy area. The remaining landmass is too small to support the Sitka deer population that was imported to James in the early 20th century.

Gunkholing the coasts of the three little islands that now make up James is a telling erosion tour, but also part of the story are former pieces of the island that are now submerged off the coasts. The waves washing over them call them to attention, and one, a couple hundred yards offshore, is extensive and shallow enough to stand on. A sand-and-shell crescent beach on the north-facing side of the middle remnant is a draw for picnicking locals, and for beachcombers it yields occasional pottery shards and “mermaid’s tears,” pieces of sea glass worn by the waves.

Barren Island’s storied history involves family farms and commerce, like James’ does, but adds the dash of modern politics. The late, long-term Maryland comptroller Louis Goldstein, who died in 1998, once owned the island, and former Maryland governor Marvin Mandel was entertained at the since-submerged Barren Island Clubhouse. Cronin’s book has two photographs of the hunting lodge, one taken around 1950, looking grand with two tall pines standing as sentries at the base of the wide staircase at its entrance. The other, taken in 1987, shows it collapsing into the bay. He reports that its foundation still lives on, underwater, though so much of the island is now submerged it is hard to say where to find it.

Barren, which is home to heron rookeries and is visited by scads of migrating ducks, is now owned by the U.S. Fish and Wildlife Service. The federal government has designs on Barren and James islands–a plan to save them from Sharp’s fate by building new bulkheads and filling the shallows behind them with dredging spoils from the Chesapeake’s shipping channels. The U.S. Army Corps of Engineers last fall advertised its latest report on the plan, which would create a combined total of more than 2,100 acres of new land at James and Barren.

If the government’s plans end up forestalling the ultimate submergence of these islands for a while, Cronin’s book still describes 40 other disappearing bay islands to tour. Paddlers won’t soon run out of stops on an erosion tour. And someday, the rising tides will create new islands to explore in what today are uplands. In the meantime, the archeologically inclined can still try to claim those arrowheads before Neptune does.