Criminal Defense Lawyer Blog
The Maryland Attorney General’s Office is prosecuting four men for their alleged involvement in a multi-jurisdictional theft scheme that resulted in losses of more than $800,000 to various retail stores. Criminal indictments were filed in the Circuit Court for Howard County where three of the defendants are set for jury trial beginning in January. One of the defendants has already entered a guilty plea, and his case is set for sentencing in June of next year. The other defendants are each facing more than ten charges including criminal gang participation under Maryland Criminal Law section 9-804. Other charges include felony second degree burglary, theft scheme over $100,000, theft $25,000 to $100,000 and conspiracy.
According to reports the four men are accused of participating in at least 37 theft and burglary crimes from September of 2023 through June of 2024. Many of the thefts were allegedly committed during business hours, and some involved multiple people filling bags with merchandise at the same time to overwhelm store employees. Other thefts were committed after closing hours. A number of these after-hours thefts likely involved breaking and entering the store, and the resulting burglary charges. Retail theft continues to be a major problem for businesses across the county and especially in the Baltimore and D.C. Metro areas. Some popular retailers are closing stores and prices continue to increase to combat shrink, which is the loss of inventory that could otherwise be sold.
Retail stores across Maryland were targeted in this criminal conspiracy, which is likely why the Attorney General’s Office became involved. The AG’s Office typically prosecutes gang related activity and multi-jurisdictional cases in order to streamline the prosecution. These defendants are charged with committing offenses in Baltimore County, Howard County, Prince George’s County and Queen Anne’s County. Legally, a defendant can be charged with a theft crime in the jurisdiction where the theft occurred or where the stolen items were taken or stored. Theft scheme and conspiracy cases can be prosecuted in any jurisdiction where there was an act in furtherance of the crime. The press release did not indicate why charges were brought in Howard County, but AG’s Office often prosecutes cases in centrally located jurisdictions that are close to its Baltimore City office.
The Blog will continue to follow this case and other criminal cases of interest in Maryland and Florida. It is of note that prosecutors used the criminal gang charge, as this is normally used in drug distribution, human trafficking and violent crime cases. Participation in a criminal organization in the commission of a crime has a broad definition, which only requires the State to prove a defendant participated in any kind of organized criminal activity. The statute also allows the case to be brought in any jurisdiction where the defendants furthered the crime, where the gang has its principal place of operation, where a defendant resides or where a defendant keeps proceeds or other objects related to the crime. This allows prosecutors to pick from a number of jurisdictions, and in this case the State settled on Howard County, which is not known as a lenient forum.
We may post a follow up article in the future when the three remaining defendants go to trial. The fourth defendant who entered the guilty plea was also charged with illegal firearm possession. He pled guilty to firearm possession, theft scheme and participating in a criminal organization. Based on the timeline of his plea, he may be a cooperating witness for the State, but it remains to be seen whether he will be necessary in court. If you have been charged with a crime, contact Maryland theft scheme lawyer Benjamin Herbst anytime for a free consultation. Benjamin has extensive experience with burglary and human trafficking charges and has also successfully defended clients against the AG’s Office in criminal gang cases. He specializes in Maryland firearm violations in state (wear transport carry) and federal court (possession of a firearm at a federal facility and illegal possession). Contact Benjamin at 410-2-7-2598 anytime for a free consultation.
Resources:
4 men charged for targeting Maryland stores in $800K retail theft scheme, cbsnews.com.