Federal Crimes

Published on: November 11, 2024

Maryland Men Arrested for ATM Thefts

Federal law enforcement officers have arrest two more suspects in an ATM theft and robbery scheme that allegedly resulted in over $8 million in ill-gotten gains. The two suspects from Prince George’s County were brought before a federal magistrate judge and held without bond on charges of conspiracy to interfere with interstate commerce by robbery. During the detention hearings the government alleged that both defendants were part of a group that had targeted over 75 ATM machines in the Delaware, Maryland and Virginia area since 2023. According to a detention memo filed by the government, the group allegedly used high powered tools such as gas-powered saws and Jaws of Life machines to pry open the ATMs and steal the cash. These ATM machines were primarily located in 7-Eleven stores, and the group apparently hit multiple stores in one night. The memo also laid out the common method in which the group would carry out the robberies and included using radios to communicate and splitting the responsibilities between opening the ATMs, destroying surveillance and subduing employees. Federal prosecutors emphasized that many of these robberies were carried out with firearms, and that search warrants executed on the suspect’s homes and storage units produced multiple handguns and rifles.

Numerous other defendants have been arrested and charged in this ATM theft and robbery scheme, but there have been additional reported incidents that are not related to this group. Both the Prince George’s and Montgomery County Police Departments have been on high alert for the past year or so, and PG County has a dedicated detective unit assigned to ATM thefts. A few months ago, another defendant was arrested for allegedly robbing eight 7-Elevens in Prince George’s County. This 31-year-old man from Upper Marlboro is facing a 44-count indictment in the PG County Circuit Court that is apparently not related to the federal conspiracy. He is currently held without bond at the detention center and is set for trial in April after several prior trial dates had been postponed. Since his arrest there have been additional incidents involving ATM thefts in the area. Recently a pair of suspects backed a 15-passenger van into a Montgomery County 7-Eleven and then loaded the entire cash machine in the back as they stepped over a mix of shattered glass and junk food. This incident would likely be charged as a theft and malicious destruction of property and not a robbery. If the store was occupied the defendants could conceivably be charged with reckless endangerment and even first-degree assault depending on the location of the individuals in the store. Robbery requires that the defendants assert some sort of force over another person to carry out the theft, and in most cases the penalty for robbery and armed robbery is significantly higher than theft.

The Blog will continue to follow this incident and other cases involving ATM theft in the area. We will post a follow up article if any newsworthy developments come out of the state or federal courthouses in Upper Marlboro, Rockville or Greenbelt. If you have been charged or are being investigated for robbery anywhere in Maryland contact Benjamin Herbst anytime for a free consultation. Benjamin is a theft and robbery lawyer who has extensive experience with juvenile criminal defense and gun charges. He represents clients in state and federal court and is available 7 days per week for a free consultation. Benjamin is also available on short notice for bail reviews and detention hearings and specializes in probation violation defense in all Maryland jurisdictions.

Continue reading →

Published on: December 15, 2023

PG County Teenager Sentenced to 8 Years Federal Prison

By Benjamin Herbst

According to the United States Attorney’s Office for the District of Maryland a 19-year-old man from Greenbelt recently received an 8-year prison sentence in a multi count federal indictment. Following completion of the prison sentence, which is not parole eligible, the young defendant will be on three years of supervised release. Supervised release is the federal terminology for probation, and violation of supervised release can lead to an additional jail sentence. The case resolved by way of a guilty plea to illegal possession of a machinegun, possession with intent to distribute oxycodone and fentanyl and possession of a firearm in furtherance of a drug trafficking crime. Despite his young age, the defendant was already on probation in an unrelated Prince George’s County state court case and had been arrested and released on other state charges before being indicted in federal court. The press release from the USAO MD does not indicate whether the defendant had a juvenile criminal record, and at least some of the alleged criminal acts in the indictment occurred when he was just 18.

According to the facts recited by the government at the plea hearing the Prince George’s County Police began investigating the defendant back in the spring of 2022 for suspected firearm and drug trafficking offenses. The defendant allegedly advertised the sale of guns and narcotics through social media posts, which ultimately lead to the execution of a search warrant of his apartment. In preparation for the execution of the search warrant officers observed the defendant conduct a hand-to-hand transaction with an unidentified individual outside of the apartment. The defendant allegedly reached into a designer bag and handed the contents to the suspected customer. A short time later the defendant left his apartment with the same designer bag. Prince George’s County officers followed the suspect as he left in a rideshare vehicle, and conducted a traffic stop a short time later. After ordering the suspect out of the vehicle police observed a .40 caliber handgun with an obliterated serial number on the floor where he was sitting. Cops also recovered close to 300 counterfeit oxycodone pills containing fentanyl and $790 in cash. Despite these facts the defendant was released 12 days later at a bail review. Rather than stay on the straight and narrow, the defendant admitted in the plea that he continued to sell drugs and possess firearms.

Less than two months after the first arrest, and shortly after his 19^th birthday a PG County police officer in District Heights observed the defendant smoking marijuana on a sidewalk. The officer then observed the defendant discard an item behind a car and begin to walk away. This action obviously peaked the officer’s interest, and he exited his unmarked patrol car to have a closer look. The defendant then fled on foot but was apprehended a short time later. A search in the area revealed an AR-15 style ghost gun with a loaded 30 round magazine and a round in the chamber. Police also found two pill bottles that contained 5mg oxycodone pills and counterfeit oxy pills with a fentanyl mixture. The defendant was arrested and charged in Prince George’s County state court, but the charges were announced nolle prosequi in lieu of the federal indictment.

Continue reading →

Published on: November 22, 2023

Federal Court Strikes Down HQL Law

By Benjamin Herbst

Roughly ten years ago Maryland lawmakers passed the Firearm Safety Act of 2013. For the last decade anyone who wished to purchase a handgun in Maryland was forced to apply to the State Police for Handgun Qualification License or HQL. There were several requirements for obtaining a HQL, with the first being eligibility to own and possess any type of firearm. In Maryland this meant the applicant must have been at least 21 years old and have no prior convictions for an offense that carried a maximum penalty of two years or more. Additionally, all Maryland HQL applicants must have completed a four-hour gun safety course that included firing an actual round and passing a background check. The background check mandated that the applicant be fingerprinted, and any prior criminal or domestic violence related cases that show up were be considered. There is no statute of limitations for prior convictions, as we have seen applicants denied for 40 and even 50-year-old criminal convictions. Once the State Police approved a person for an HQL, he or she would be permitted to purchase a handgun provided the appropriate federal ATF forms are also filled out properly. In Maryland an HQL did not give a purchaser the right to carry or transport a handgun or any firearm for that matter. A person who is caught driving with or carrying a firearm without a concealed carry permit will likely be arrested and charged regardless of whether they held a valid HQL. Possessing an HQL potentially helped in mitigation, but it was never a defense to a firearm possession charge.

Maryland Handgun Qualification Licenses have been much easier to obtain than wear and carry permits, but the 2022 Supreme Court decision in Bruen drastically turned the tide. These days in Maryland a large percentage of HQL holders were able to obtain a carry permit if they completed additional gun education and safety requirements. Lately we have received more calls about HQL denials than wear and carry permit denials, but as of this week we may never field a call about a HQL denial again. On Tuesday a federal appeals court struck down the entire HQL policy, and specifically called out the background check requirement that has forced law abiding gun purchasers to wait a minimum of one month before being able to obtain a handgun. The appeals court opined that the state failed to demonstrate any historical requirement that a citizen receive advance permission to purchase a firearm in Maryland. The court stated a person should be able to purchase a firearm if they feel they are in danger and being forced to wait 30 days or more is unacceptable. The wait time is exactly what supporters of the HQL policy have lauded as an effective tool in preventing gun violence. The Governor and the Mayor of Baltimore have expressed displeasure over the ruling, while the gun lobby is celebrating a major victory. Maryland is one of a dozen or so states that require gun purchasers to pass strict background checks, and this number could be zero within a year if the Supreme Court agrees with this decision out of the Richmond federal court.

The Blog will continue to follow this story as it will generate a ton of attention over the next few months. The legislature begins its session in January and there are bound to be reactive attempts to keep Maryland a strict gun law state. Federal courts can intervene when laws are deemed to restrict the Second Amendment, but the courts are generally not able to interfere with the harsh punishments that Maryland provides for gun offenders. Anyone caught carrying or transporting a firearm without a license in Maryland still faces arrest and potential jail time depending on where the offense took place. This includes federal property such as the NIH, CMS and the various military bases in Maryland where even state carry permits are not valid. With respect to state cases, Prince George’s County, Baltimore City and Charles County often attempt to hand down the harshest punishments for gun offenses, but each case is different and there is always a legal argument that can be made in a gun case. If you or a loved one has been charged with a gun offense contact Maryland criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in Maryland gun crimes such as wear, transport and carry, possession by a prohibited person, minor in possession of a firearm and possession of a firearm at a federal facility. He is an experienced juvenile gun lawyer and has successfully argued for the dismissal of adult gun charges in state and federal court. Contact Benjamin anytime for a free consultation at 410-207-2598 and learn how you may be able to fight your gun charge.

Published on: August 9, 2023

Florida Woman Sentenced in BW Parkway Manslaughter

By Benjamin Herbst

In February of 2022 a young woman from Florida was indicted for second degree murder related to an incident that occurred on the Baltimore Washington Parkway three months prior. The government charged the woman with the intentional killing of her girlfriend after the United States Park Police determined that the defendant ran over the victim with a Ford Expedition and fled the scene. While the defendant could have faced life in prison for attempted murder, the finder of fact concluded that the evidence supported a conviction for heat of passion voluntary manslaughter after an 8-day trial. After considering all the facts presented at trial and mitigation presented at the sentencing hearing, a federal judge sentenced the defendant to 9 years in prison followed by 3 years of supervised release (probation). The sentence was handed down last week at the Baltimore City federal courthouse almost 3 months after the trial concluded back in May.

According to facts presented at the trial, in the early morning of November 24, 2021, United States Park Police officers from the Greenbelt station responded to reports of a body on the side of the BW Parkway just south of Laurel. Police did not observe skid marks or recover broken automobile parts, though two cell phones were found on the scene, with one having a cracked screen. The investigation quickly picked up steam after the defendant herself called the Park Police to say that her cellphone had been thrown out of her vehicle and was pinging to the Greenbelt station. The defendant agreed to come to the station to pick up the phone and upon arrival gave an initial statement that likely cemented her status as the prime suspect.

While the defendant denied committing any sort of violent act, she did admit to driving the victim, and after allegedly being hit by her passengers in a scuffle, pulling over and ordering the victim and another person out of the vehicle. The defendant claimed she was driving a Nissan, which Park Police officers observed at the defendant’s mother’s house in Washington D.C. a few days after the incident. Detectives also noticed a Ford Expedition with a vanity license plate that spelled out the defendant’s first name, and immediately became suspicious of this vehicle. The Expedition had visible front-end damage and in a second interview the defendant admitted to driving it on the morning of the incident. Forensic examination performed by the FBI eventually concluded that the victim’s DNA was present on an indentation on the vehicle’s hood, which likely was more than enough to support the government’s indictment.

Continue reading →

Published on: February 28, 2023

IT Contractor Guilty of Making False Statements

By Benjamin Herbst

A Howard County woman was recently found guilty of 19 counts of making a false statement to a government agency after a month-long jury trial in Baltimore. The 50-year-old Elkridge woman owned and operated an information technology company that was retained by the National Security Agency (NSA) at Fort Meade in Howard County. From 2011 to 2018 the defendant’s company provided services to the NSA including maintenance and support of computer systems in the Counter Terrorism Management Center and the National Security Operations Center. Much of the contracted work required the handling of classified data, which meant the company performed the majority of its services on site at Fort Meade. The work on base was carried out in secure, access-controlled locations in order to limit data breaches. This also meant that the government was able to calculate approximately how much time the defendant and her employees spent working on the contract, which billed out at a rate of $150 per hour. Per the contract, the defendant’s company was required to assign a Program Manager (PM) to oversee performance, keep tabs on billing and to communicate directly with the federal government. According to facts presented at trial the defendant served as the PM for 17 months from March 14, 2016 to September 30, 2017. During this time the defendant billed out over 2,600 hours at a total cost of almost $400k for her role as a Senior Program Manager, and the NSA paid this bill in full. Problems began after an audit of the billing revealed that the defendant was not at Fort Meade during 90% of the hours she billed.

In October of 2017 the defendant participated in a voluntary interview with NSA officials who were investigating a whistleblower claim that the defendant was charging the government for work she did not perform. The defendant denied these claims, and maintained the billing was legitimate for work actually performed. She also stated that her timesheets were accurate and her billing for consistent 8-hour days was truthful. The jury thought otherwise, and sided with the government after almost on month of evidence and argument.

The defendant was convicted making a false statement to an agent or agency of the federal government under 18 U.S. Code §1001. This statute is routinely used by the feds to prosecute individuals in all types of cases ranging from complex financial frauds to less complicated gun and drug cases. Anyone who makes statements or submits writings or another type of communications that he or she knows are false could be prosecuted under this statute, but there are certain limitations. The government can only prosecute statements that are material and made in connection with a federal matter. The statement(s) must also be knowingly and willfully. Simply denying involvement in criminal activity or lying about an immaterial fact such as what a person had for dinner would not be prosecuted under this statute, but most everything else is fair game under the False Statement Accountability Act. This offense is generally punishable by up to 5 years in federal prison for each offense, though the penalty can increase to up to 8 years for certain offenses such as human trafficking or certain sex crimes.

Continue reading →

Published on: January 24, 2023

Maryland State Police Trooper Charged in Federal Court

By Benjamin Herbst

A Maryland State Trooper with more than 10 years of service has been charged with several federal felonies for attempting to tip off a drug dealer about ongoing investigations in exchange for cash. The trooper was arrest by the FBI and now faces charges including bribery, conspiracy to distribute controlled dangerous substances, using a communications facility to commit a drug felony and aiding and abetting in the distribution of controlled dangerous substances. The affidavit used to charge the trooper was heavily redacted due to the ongoing nature of the investigation and other considerations, but the public recently became aware of the general nature of the trooper’s alleged unfortunate course of conduct. What we do know is that the trooper was assigned to the Criminal Enforcement Division Western Region Narcotics, which works closely with federal law enforcement agencies such as the DEA and FBI. Western Maryland counties including Washington County and Frederick County have been identified by the feds as drug trafficking hot spots, and therefore receive federal funding for ramped up law enforcement activity. The Narcotics Task Force in Washington County is another example of a state law enforcement agency (Washington County Sheriff’s Office and Hagerstown Police Department) that works closely with the feds. This particular trooper attended high school in Frederick County and achieved the rank of Corporal before being placed on administrative leave due to the investigation. The accused was also a recipient of a trooper of the year award for the Salisbury Barrack in 2013.

At some point during an investigation into a Drug Trafficking Organization or DTO that was operating in the Hagerstown area, the trooper reached out to a suspect looking to profit off of law enforcement information. The trooper relayed that he had information about GPS tracking devices being placed on cars, future search warrants and later a potential wire-tap. It turns out that the wire-tap information was fabricated by the government in an attempt to weed out the leak from within the law enforcement team working the case. The government’s theory based on the affidavit in support of the criminal complaint seems to be that the trooper was in severe debt, with credit card payments and loans exceeding $67,000, and was desperate for cash. His desperation caused him to strike a cash for information deal with a drug dealer who was under federal investigation. The dealer was likely a cooperating witness for the government, but at this point there is no information to rule out that he/she was an undercover law enforcement officer.

After a well-documented back and forth that was memorialized on Facebook messenger, the trooper agreed to provide sensitive information to the alleged dealer for $1,800 cash. The cash was marked and then placed behind a Hagerstown motel dumpster by undercover FBI agents. The FBI continued to monitor the location of the marked cash, and appeared to witness the trooper picking up the money. There was nothing in the affidavit that stated they specifically identified the trooper as the one who picked up the money, but they did ping his cellphone as being at the location of the dumpster at the time of the pickup. The trooper and the drug dealer then had a conversation again on Facebook that confirmed he received the money. Additionally, the drug dealer requested that the trooper run one of his alleged friends through NCIC to see if there was an outstanding warrant, which the trooper agreed to do. This was probably another attempt to induce the trooper into more unlawful behavior, as misuse of law enforcement databases can be prosecuted.

Continue reading →

Published on: November 19, 2022

Two Baltimore Men Guilty of Firearm Possession in School Zone

By Benjamin Herbst

One Baltimore man was sentenced and another recently pleaded guilty to the federal charge of illegal possession of a firearm in a school zone. Both cases were prosecuted at the Baltimore City federal courthouse, and both defendants were originally chaeged in state court before the feds took over. The first defendant, a 22-year-old man, was arrested back in March of 2021 for possession with intent to distribute fentanyl and firearm charges. Law enforcement including the DEA recovered multiple firearms and upwards of 6 kilograms of fentanyl from a Pikesville stash house that was tied to the defendant. The defendant’s case was transferred from the District Court to the Circuit Court for Baltimore City, but then was dismissed after the feds decided to prosecute. There is rarely one specific reason why the feds choose to pick up a state case, but when a defendant is arrested in the city with a combination of fentanyl and firearms its certainly going to attract their attention. Federal prosecutors have been focusing on fentanyl cases in the Baltimore and D.C. metro areas over the last couple of years, and had already been heavily involved in prosecuting illegal firearm possession. Any time both are present there is a good chance the case will be picked up by the U.S. Attorney’s Office. In this particular case the young man received a 9-year federal prison sentence for illegal possession of a firearm in a school zone and possession with intent to distribute a controlled substance, which means he will likely serve close to 8 years behind bars. There is no parole in the federal criminal justice system, so early release can only be granted based on the defendant’s conduct and the availability of re-entry programs.

Shortly after the first defendant was sentenced, another Baltimore man pleaded guilty to the sole charge of illegal possession of a firearm in a school zone. This defendant, a 31-year-old man, was apparently riding around the city on his bicycle with a construction hat, orange safety vest and a loaded .40 caliber handgun sticking out of his waistband. A call for a potentially armed man was made to Baltimore Police, who were able to locate the suspect on city watch CCTV cameras a short time later. Officers then stopped the suspect for riding his bicycle on the sidewalk, which is violates a city ordinance. The man then allegedly tried to flee but was found a short time later knocking on the door of a random house. Upon detaining the suspect, police located the .40 handgun, which had an obliterated serial number and 15 rounds of ammunition. The suspect then uttered several spontaneous statements claiming ownership of the firearm. This case could easily have been prosecuted by the Baltimore City State’s Attorney’s Office, but the feds likely picked up the case due to the defendant’s proximity to a school upon his arrest. The Gun Fee School Zones Act of 1990 made it a federal crime to possess a firearm within 1,000 feet of a school, and despite being modified several times over the last few decades, the law is still very much intact. Violation of this provision is a felony punishable by up to 5 years in federal prison, which is significantly harsher than the 3-year penalty for wear, transport or carry a firearm under Maryland law. The defendant in this case negotiated a plea deal to serve two years in prison, so he is likely not a convicted felon or otherwise prohibited from possessing a firearm.

The Blog will continue to follow all noteworthy drug and gun cases in Maryland, and will post on federal prosecution of traditional state charges. If you or a loved one is facing adult or juvenile criminal charges contact Maryland gun lawyer Benjamin Herbst anytime for a free consultation at 410-207-2598. Benjamin specializes in charges involving possession with intent to distribute CDS such as heroin, fentanyl, cocaine and marijuana. He also has extensive experience defending clients facing probation violations and gun charges such as possession of a firearm by a convicted felon and possession of a firearm in a federal facility. Contact Benjamin today to learn what defenses may be available in your state or federal case. Benjamin is also licensed to practice in Florida, where he has successfully defended clients in numerous offenses such as drug trafficking, carrying a concealed firearm and aggravated assault.

Continue reading →

Published on: June 27, 2022

Berlin Man Sentenced to 7 Years in Prison for Possession With Intent to Distribute Cocaine

By Benjamin Herbst

Last week a Berlin man was sentenced to 7 years in prison followed by 3 years of supervised release for possession with intent to distribute cocaine. The incident in question occurred back in 2018 in Worcester County where the man had been under investigation by the Worcester County Criminal Enforcement team. The WCCET was also working with various local law enforcement departments including the Ocean Pines and Ocean City police departments. While conducting surveillance of the defendant’s home, investigators saw another suspect enter and exit the home in a manner consistent with a drug transaction. A traffic stop was conducted and police discovered cocaine and a glass pipe. Upon being questioned, the suspected purchaser admitted to having just made a drug transaction with the defendant. This traffic stop provided law enforcement with the requisite probable cause to obtain a search and seizure warrant on the defendant’s home, which was executed a short time later. Upon execution of the search warrant, the criminal enforcement team located almost 400 grams of crack cocaine, cutting agents, a scale, three cell phones and $1,472 in cash. Additional search warrants were obtained for the phones, and upon executing these warrants police discovered text messages that indicated the defendant was allegedly involved in drug trafficking.

The defendant was originally charged in the Snow Hill District Court and released on bail at the end of September, 2018. His case was then transferred to the Circuit Court for Worcester County upon the filing of felony charges, but just a few months later he was arrested again on a separate federal warrant. Upon being arrested by the feds the defendant was found in possession of cocaine that he tried to discard as police approached. The defendant also had possession of a cell phone that was subsequently searched. Text messages revealed that he was allegedly still actively engaged in drug distribution since his release on bail from the state charges, and the feds were not too pleased with this alleged behavior while out on bail. The Worcester County Circuit Court case was ultimately dismissed by the State and the Eastern Shore defendant was charged in federal court by the U.S. Attorney’s Office in Baltimore. Now, nearly four years after the original incident, this defendant finally learned his fate in the drug case, and he will likely serve about 6 years behind bars. Of course, this sentence does not include any other open cases the defendant may have in state or federal court, as the U.S. Attorney’s press release did not provide further detail about the Berlin man’s 2019 federal warrant.

The feds do not typically pick up mid-level drug distribution cases that do not involve firearms, and this is especially true for the cases that originate from the Eastern Shore jurisdictions such as Worcester County and the Salisbury area. There is actually a federal courthouse in Salisbury, but it is not used for felony criminal prosecutions. When the feds pick up a case from state court, they still must use the local law enforcement officers as witnesses should the case go to trial. After all, it was not the DEA, ATF or FBI that made the original arrest or executed the search warrant. It is not ideal to have a dozen or so law enforcement officers on standby to testify when they are working 2 hours away, but this case seemed to strike a chord with the feds to the point that logistics didn’t matter.

Continue reading →

Published on: June 3, 2022

Pair Charged with Impersonating a Federal Officer

By Benjamin Herbst

The U.S. Attorney’s Office for the District of Maryland recently announced that a 37-year-old man from Waldorf has been indicted on federal charges of false impersonation of an officer and employee of the United States and possession of a firearm by a convicted felon. Federal prosecutors also announced the man’s co-conspirator, a 40-year-old woman from Baltimore, was charged with impersonating and officer and conspiracy to impersonate a federal officer. The male defendant was held without bail, while the female was released on pre-trial supervision. According to court documents and statements presented at the initial appearance, the charges stemmed from an incident that occurred back in March at a Prince George’s County restaurant. The male defendant was working as a security guard for the restaurant with his pet dog when he allegedly attempted to detain two individuals who disputed a bill. At some point PG County police officers became involved and questioned the defendant regarding the firearm that was on his person. The defendant justified his possession of said firearm by stating that he was a Deputy United States Marshal, though the officers were not so easily convinced, and arrested him for illegal possession of a regulated firearm and wear, carry or transport of a handgun. He was originally charged in state court, but the Feds picked up the case due to the fact that he impersonated a federal law enforcement officer.

The plot thickened when the female co-defendant arrived on scene as the male was being taken into custody by Prince George’s County Police. The female allegedly showed up in full law enforcement garb, complete with tactical pants, handcuffs, a radio, an expandable baton and a handgun. According to court documents she claimed the dog was her emotional support animal and questioned why the police were arresting a U.S. Marshal. Her pleas were not met by much sympathy, as the male was taken to jail and the dog was impounded by animal services. For some reason the female was not arrested by county police officers at the scene, and a short time later she made her way to animal services, once again in full police garb. The female showed up in a police style vehicle and a black bulletproof vest, and identified herself as a U.S. Marshal to animal services employees. She apparently presented an identification card with U.S. Marshal’s insignia, which was convincing enough for animal services to release the dog to her custody.

Based on the evidence presented in the initial appearance, it seems federal prosecutors have ample evidence to sustain convictions for false impersonation, which is a felony with a 3-year maximum penalty. Federal agents also executed a search warrant upon the male defendant’s home, and seized firearms including an AR style rifle and a pump action shotgun. As a result of his prior criminal record, the male defendant faces up to 10 years in prison for felon in possession of a firearm. The female does not appear to have been charged with any firearm related offenses, but her alleged possession of a handgun will certainly be taken into consideration at a potential sentencing hearing. In federal court especially, the judges focus on the statement of facts in its entirety and not simply the charge or charges that are part of the plea. Judges in Maryland do not take unlawful possession of a firearm lightly regardless of whether the defendant has a prior criminal record. It is interesting to note that the female could not have faced firearm charges in federal court because she did not possess the gun on federal property. Federal law only prohibits firearm possession at a federal facility or possession by convicted felons or other disqualified individuals. Further, the police did not actually arrest the female on scene, so there would have been no way to prove the handgun she possessed was actually a firearm.

Continue reading →

Published on: May 6, 2022

Former MVA Employee Guilty of Fraud Conspiracy

By Benjamin Herbst

The U.S. Attorney’s Office recently announced that a 55-year-old former MVA employee pleaded guilty to conspiracy to produce and transfer identification documents without lawful authority. The identification documents at issue were Maryland driver’s licenses, and now the former employee from Anne Arundel County faces up to 15 years in prison for this fraud related felony. According to facts presented at the plea hearing, the female defendant worked at the Largo MVA branch office in Prince George’s County and conspired with a co-worker and a male co-defendant to issue fraudulent Maryland licenses for a fee. The co-defendant is a 36-year-old man from Virginia who also entered a guilty plea and is awaiting sentencing. It appears that the co-defendant was the one who met with individuals seeking fraudulent licenses and accepted cash payments ranging from $800 to $5,000. He then forwarded the information, including fraudulent documents to support the creation of a Maryland driver’s license, to the two MVA employees. The defendant and her co-worker then created the fake licenses at the MVA branch and were paid in cash and gifts by the male co-defendant. Per the plea agreement, the defendant received at least $25,000 in cash and gifts for her role in producing at least 276 fraudulent driver’s licenses.

The defendant’s MVA co-worker was not named in the press release, which means he/she has not been charged or has a sealed criminal complaint pending. It could also mean the unnamed co-worker has been cooperating with law enforcement. Two agencies were mentioned by the U.S. Attorney’s Office as heading up the investigation. The first was the MVA’s Office of Investigations and Internal Affairs, which is not a traditional law enforcement agency. Rather, the office conducts its own internal investigations about potential frauds regarding licenses, compulsory insurance, vehicle registrations, unlicensed vehicle sales and suspended or revoked driving privileges. The internal affairs agents then forward their findings to federal, state and local law enforcement agencies for potential prosecution. In this case the MVA’s internal affairs office forwarded its findings over to the Baltimore office of Homeland Security Investigations. Homeland Security pays close attention to all state and federally issued ID cards, so it’s no surprise that a fraud of this magnitude was prosecuted in federal court. Sentencing is currently set for the beginning of August at the federal courthouse in Greenbelt. In addition to potential prison time the former state employee also must pay $25,000 in criminal restitution. The Blog will follow this case and the co-defendant’s case and may post a follow-up article in the future.

Benjamin Herbst is a Maryland criminal defense lawyer who specializes in fraud charges such as counterfeiting, identity fraud, credit card crimes and public fraud. He also has extensive experience representing clients in misdemeanor charges such prescription fraud and possession of fictitious government ID card (fake ID charges). Fake ID cases are also commonly charged as misrepresentation of age to obtain alcohol, and Benjamin has successfully defended dozens of these cases. His two main priorities are keeping his clients out of jail and making sure they do not walk out of court with a criminal record. Benjamin has achieved numerous dismissals in fake ID cases, and then has assisted his clients in filing for immediate expungement of their cases from the public record. In addition to fraud charges, Benjamin also represents clients charged with theft, unauthorized removal of property, failure to return a rental vehicle, misconduct in office and all other white collar crimes. Contact Benjamin anytime at 410-207-2598 for a free consultation about your case. Benjamin has represented clients in all 23 counties in Maryland plus Baltimore City, and has defended cases in the Baltimore and Greenbelt federal courts.

Continue reading →