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.

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.

Future of Sonar in Doubt: Shuttered Club’s New Ownership May Involve Milton Tillman III

By Van Smith

Published in City Paper, July 18, 2012

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Even before Baltimore’s Sonar nightclub suddenly closed after its July 8 show (“Death of a Rock and Roll Club,” Noise, July 9, 2012), plans for its future had already been put in place, public records show.

On June 27, the Baltimore City Liquor License Board received an application to transfer Sonar’s liquor license to Eagle Entertainment LLC, which disclosed in its application papers that it had put up a $10,000 down payment on the $65,000 price tag for the license, with the balance due at closing. The payee, Daniel McIntosh, would be the majority owner of Sonar’s current license. Whether that transaction will actually take place is unclear, though, since the company’s attorney, Neal Janey, told City Paper on July 16 that the application will be withdrawn and a new one will be submitted instead, possibly involving a separate company.

The application’s resubmission would likely delay the potential reopening of the club, which was going to take time and significant investment in any event, given what online photographs of the club last show—damage to the club’s bathroom, at the very least, and a sign announcing a “liquidation sale” of its contents.

Eagle Entertainment’s June 27 liquor-board application lists Brian L. Winfield as the anticipated licensee. Winfield is described in the application as an 80-percent stockholder in the company, with the other 20 percent held by Milton Tillman III.

Tillman III is the son and business partner of Baltimore bail bondsman and real-estate investor Milton Tillman Jr., a three-time federal convict who is currently serving a 51-month prison term for tax-and-insurance fraud and owes $120,000 in restitution. Tillman III was charged in the same 2010 indictment as his father (“Milton Tillman and Son Indicted in Bailbonds Conspiracy,” The News Hole, March 17, 2010) , but the charges against him were dismissed last year as part of a deal in which he pleaded guilty to failing to file tax returns and received five yeas of probation and a $12,500 restitution order, which he still owes, according to court records.

In 2000, Tillman III survived a gunshot wound after a botched drug deal spawned a violent dispute that left two other men dead, according to court records of the successful federal prosecution of the drug organization involved in the incident. During 2002 court proceedings in the case, Assistant U.S. Attorney Jonathan Luna stood up in court and called Tillman Jr. “one of the most notorious drug dealers in Baltimore City history,” adding that “there is no question that Mr. Tillman [III]’s father is a reputed drug dealer, a violent type of guy” (“Grave Accusations,” Mobtown Beat, April 23, 2008). Luna’s lifeless body was found face down in a Pennsylvania stream in 2003, a mysterious and controversial death that continues to haunt law enforcers.

Winfield, who has faced charges of petty theft and bouncing checks, has a history of business dealings with the Tillmans, including at Lucky’s Tavern at 1601 N. Milton Ave., a Tillman-owned property that has been in the Tillman family for years. In 2009, Winfield filed to take over Lucky’s liquor license (“Creative Licensing,” Mobtown Beat, April 9, 2008).

In the liquor-license transfer application for Sonar, Winfield says he worked in the mortgage business until 2009, when he went to work for the Baltimore City Department of Finance until Aug. 2010. Since 2006, according to the application, he’s also worked for Baltimore Winfield Showcase, which its website describes as a vending-machine and catering-equipment rental business.

Calls to Winfield and the attorney who filed the liquor-license application, Melvin Kodenski, were not returned. Tillman III, though, spoke briefly to CP on July 12, confirming that he’s “just a stakeholder” in Eagle Entertainment, and that “I’m not going on the license at all.” He then cut short the conversation, saying he wanted his lawyer, Neal Janey, to handle the interview. Later that day, Janey said that Tillman III “is not a 20-percent owner,” and that “the information in that application is incorrect.” Asked if Tillman III would have any involvement at all in the proposed club, Janey said “the only possible involvement would be as a contingent guarantor” on Eagle Entertainment’s debt.

On July 16, Janey informed CP that “the application will be withdrawn; a new application will be filed” that reflects that Tillman III “will have no interest in the business,” though he allowed that it is “still possible” that Tillman III will be a contingent guarantor. “It will probably even be a different LLC [than Eagle Entertainment] that will be involved in the transaction now.”

Under McIntosh, Sonar is alleged to have played a role in a massive, cross-country marijuana conspiracy, currently being prosecuted by the Maryland U.S. Attorney’s Office (“Feds Namedrop Baltimore’s Sonar Nightclub in New Pot-Conspiracy Indictment,” The News Hole, April 12, 2012). McIntosh is one of 16 people charged in the case, and, unlike most of his alleged co-conspirators, has not pleaded guilty; he is scheduled for trial in September. Baltimore developer Jeremy Landsman (“Smoked Out,” Mobtown Beat, February 29, 2012), a stakeholder in the LLC that owns Sonar’s building, pleaded guilty to his part in the conspiracy in June. In his plea, he admits that a number of his property-owning LLCs—including the one that owns the Hampden property where another McIntosh business, McCabe’s Tavern, is located—also played a role in the conspiracy.

Since shortly after Sonar closed July 8, McIntosh has been telling CP that he intends to post a prepared statement online to explain his ordeal with the club, including why it shut down, and that he would grant an interview about the situation once he had done so. As of press time, the statement had not been posted on Sonar’s website or Facebook page, and McIntosh has not responded to CP’s emails since July 13.