Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 1 of 40

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

v. Civil Action No.

ASSORTED FIREARMS (Petasky)

~FMl OCV 856
.........
.... .....
COMPLAINT FOR FORFEITURE

The United States of America, through undersigned counsel, seeking forfeiture of the

following defendant Assorted Firearms:

a) One Smith & Wesson, Model 36, .38 caliber revolver, SN J&16700;

b) One Smith & Wesson, Model 19, 357 Magnum caliber revolver, SN
9K16180;

c) 5 Federa138 SPL P Ammunition.

hereinafter referred to as "defendant property," respectfully presents to the Court the following:

1. This Court has jurisdiction over this forfeiture action pursuant to 28 U.S.c.

~~1345 and 1355, and 18 U.S.C. ~~ 924(d), and 983.

2. This Court has venue over this action pursuant to 28 U.S.c. ~ 1395(b).

3. On or about November 27, 200, the defendant property was seized from

Eugene Petasky at the Metro Broker, Ltd., Inc., 1852 Reisterstown Road, Suite 110, Pikesville,

Maryland, by duly authorized agents of the Internal Revenue Service, Criminal Investigation,

pursuant to the execution of a search warrant in the State and District of Maryland.
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 2 of 40

4. Since seizure, the defendant property has remained in the custody of the

Bureau of Alcohol, Tobacco, and Firearms, in the District of Maryland.

5. The defendant property was involved in a knowing violation of 18 U.S.C. 9

922(g) (felon in possession of a firearm) and, therefore, should be forfeited to the United States of

America pursuant to 18 U.S.C. 9924(d).

6. Such forfeiture is based upon, but not limited to, the evidence outlined in the

Affidavit and Search Warrant of Declaration of Special Agent Sharnell Thomas, Internal Revenue

Service, Criminal Investigation, which is attached hereto and is incorporated herein by reference.

WHEREFORE, the plaintiff pray as follows:

1. That any person or persons having any interest therein be cited to appear

herein and answer the Complaint;

2. That a Warrant of Arrest in rem issue to the Department of Justice, Bureau

of Alcohol, Tobacco, Firearms and Explosives, commanding the arrest of the defendant property;

3. That Judgment of Forfeiture be decreed against the defendant property;

4. That upon Final Decree of Forfeiture, the United States Department ofJustice

dispose of the defendant property according to law; and

 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 3 of 40

5. That the plaintiff have such other and further relief as the case may require.

Respectfully submitted,

Thomas M. DiBiagio
United States Attorney

Bryan M. Giblin
Assistant United States Attorney
36 S. Charles Street
4th floor
Baltimore, Maryland 21201
Telephone 410/209-4800
 - ----------- ----------------------------,

Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 4 of 40

VERIFICATION

I, Bryan M. Giblin, declare under penalty of perjury as provided by 28 U.S.C. 1746,

that the foregoing Complaint for Forfeiture in rem is based on reports and information furnished to

me by the Internal Revenue Service and that everything contained therein is true and correct to the

best of my knowledge and belief.

~.Jl&--~
~lblm
Assistant United States Attorney
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 5 of 40

UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND

In the Matter of the Search of

(Name, address or brief description of person or property to be searched)
SEARCH WARRANT

METRO BROKER LTD, Inc

1852 Reisterstown Road
Suite 110
Pikesville, Maryland 21208
CASE NO:

TcfiAgents of the Internal Revenue Service - Criminal Investigation and any Authorized Officer of the United
States Affidavit having been made before me by Special Agent Shamel! Thomas who has reason to believe
that on the person, or on the premises known as (name. description and or location)

METRO BROKER, 1852 REISTERSTOWN ROAD, SUITE 110, PIKESVILLE, MARYLAND 21208, which is a
jewelry store business located in the Woodholme Center on the street level of a two-level brick building at the
comer of Reisterstown Road and Mount Wilson Lane. It has glass windows, a glass door, burgandy and white
awnings, and is prevalently marked "METRO BROKER LTD" on eachawning as well as on a sign above the door
entrance and on the window, See Attachment A to the attached and incorporated affidavit of S/A Shamell Thomas, dated
November 20, 2006.

in the District of Maryland, there is now concealed a certain person or property, namely (describe the person or
property)

See Attachment B to the attached and incorporated affidavit of S/A Shamel! Thomas,
dated November 20,2006.

I am satisfied that the affidavits(s) and any recorded testimony establish probable cause to believe that the
person or property so described is now concealed on the person or premises above-described and establish
grounds for the issuance of this warrant. ~ •• I J4.'
YOU ARE HEREBY COMMANDED to search on or before I(/;olfb --
Date:
(n~ to exceed 10 days) the person or place named above for the person or property specified, serving this
warrant and making the search (in the daytime - 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I
find reasonable cause has been established) and if the person or property be found there to seize same,
leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of
the person or property seized and retum this warrant to the Honorable Paul W. Grimm, U.S. Magistrate Judge,
as required by law.

~J)p J '/lO~ 1fR,)

at altimor, ryland
Date and T' e Issu

PaulW. Gnmm
U.S. Magistrate Judge

PAUL W. GRIllI
CHIEF MAGISTRATE JUOOE ' .
US DISTRIC'l' COURT FOR 'l'RB DISTRIC'l' OF DRYLMD
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 6 of 40

RETURN

DATE WARRANT RECEIVED DATE AND TIME WARRANT EXECUTED COPY OF WARRANT AND RECEIPT FOR ITEMS LEFT WITH

it 1.' eGo
INVENTORY MADE IN THE PRESENCE OF
"
INVENTORYOFPROPERTYTAKENPURSUANTTOTHEWARRANT SeE f\lTAc~€b I.IJV€A,)lolt'y of ::rT€~S S€I'Z.E~ (SPA('t'S)

CERTIFICATION

I swear that this inventory is a true and detailed account of the person or property taken by me on the walTant.

Subscribed, sworn to, and returned before me this date. $,"~c.;~I Age..rt ~l1t3etf f. 5-t,ricJtlDMcP
~ -Ilit'l 104

United ~e Judge
\\\).C\(~

Date
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 7 of 40

Inventory Listing of Warrant Items Seized at Search Warrant Site

Site Name: Investigation Number: Report Date:

METRO BROKER, Ltd 520620139 Tuesday. November 28,
1852 Reisterstown Rd. Starting Date and Time: 2006
Pikesville. MD
Suite 110 11/27/200606:15 PM
Ending Date and Time:
11/28/2006 04:30 AM
Control #: 1 Evidence Box:
Location: Office Locator Code:
Found: On Desk
Description: Seized Per Warrant Image of ADT, A-CDVR80 Digital video recorder, SIN
M5080102. Seagate ST 380012ACE 80GB Hard drive, SIN
5JVNH4SF

Control #: 2 Evidence Box:

Location: Workstation 1 Locator Code:
Found: On Desk
Description: Seized Per Warrant Image of Dell TS306 Laptop computer SIN
7377346BYK5304A,IBM DDLA-21620 1.6GB Hard Drive,
SIN 50Z9945

Control#: 3 Evidence Box: 1

Location: Wor1tstati 1 Hallway Locator Code:
Found: File 6 - 4th drawer from top
Description: Seized Per Warrant Legal size folder marked "open aects 04"
Legal size folder marked "Appraisal Copies 2003-04

Control #: 4 Evidence Box: 2

Location: Workstati 1 Hallway Locator Code:
Found: File 4 - 4th drawer from top
Description: Seized Per Warrant 2003 sales receipts

Control#:. 5 Evidence Box: 3

Location: Workstation 1 Locator Code:
Found: Cabinet B Right Top shelf
Description: Seized Per Warrant unlabeled video tapes

Control #: 6 Evidence Box: 4

Location: Workstati 1 Hallway Locator Code:
Found: Files 5 and drawer down
Description: Seized Per Warrant 2006 Sales Receipts

Page 1 of 4
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 8 of 40

Control #: 7 Evidence Box: 5

Location: Workstati 1 Hallway Locator Code:
Found: File 5 4th drawer from top
Description: Seized Per Warrant Sales receipts -2005

Control #: 8 Evidence Box: 6

Location: Office Locator Code:
Found: Floor Undemeath desk
Description: Seized Per Warrant Leather Binder Container Sales log 10/13/06-11/27/06)

Control #: 9 Evidence Box: 7

Location: Office Locator Code:
Found: Cabinet B
Description: Seized Per Warrant Address books
Bill of sale

Control #: 10 Evidence Box: 8

Location: Wo'*stati 1 Hallway Locator Code:
Found: File Cabinet 4 drawer 4
Description: Seized Per Warrant 2003 copy of bank deposit

Control #: 11 Evidence Box: 9

Location: Workstati 1 Hallway Locator Code:
Found: File cabinet 4 drawer 5
Description: Seized Per Warrant Sales Receipts for 2004

Control tf.: 12 Evidence Box: 10

Location: Office Locator Code:
Found: Botton drawer
Description: Seized Per Warrant Affidavit Regarding Purchase by 0 Cable for Crawford
Constellation Energy group shareholder investment plan
Amex business checks (a/n 46541059312)
G

Control #: 13 Evidence Box: 11

Location: Workstati 1 Hallway Locator Code:
Found: file cabinet 4, drawer 2
Description: Seized Per Warrant 2002 Sales receipts
2002 Sales recap statements

Control #: 14 Evidence Box: 12

Location: Workstati 1 Hallway Locator Code:
Found: file cabinet 4 drawer 2
Description: Seized Per Warrant 2002 Sales receipts
2002 deposit slips

Page 2 .of 4
.------------------------------- --- ----------

Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 9 of 40

Control #: 15 Evidence Box: 13

Location: Workstation 1 Loca~or Code:
Found: Thumbtacked to bulletin board
Description: Seized Per Warrant Copies of sales receipts with note "I faxed to Gov. 11.14-06."

Control #: 16 Evidence Box: 14

Location: Workstation 1 Locator Code:
Found: . Taped to Outside of Overhead desk doors
Description: Seized Per Warrant Sales receipts dated 11/24/06 for $24,979.50

Control #: 17 Evidence Box: 15

Location: Office Locator Code:
Found: cabinet C
Description: Seized Per Warrant Inventory Receipts for 2002
Misc papers w/names & phone tl!s
index card with names, dates, & amounts

Control #: 18 Evidence Box: 16

Location: Kitchen Locator Code:
Found: Kitchen files 2 (3rd drawer down)
Description: Seized Per Warrant 2002-2005 tax returns
Wschovia securities statements
American express statements
Stem 'is. Petasky files
BMW invoice & receipts
Fidelity Investigation statements
Credit Cards statements
John Hancock Financial Investigations statements
Menill Lynch Statements
Morgan Stanley Statements
T Roew Price Invest. Statements

Control #: 19 Evidence Box: 17

Location: Office Locator Code:
Found: OffIces B
Description: Seized Per Warrant Bank Statements Wachovia Sec.
M & T Bank Home Equity Loe 023000000038303
M & T Bank account analysis for Metro Broker LTO
Discover Account analysis for Metro Broker LTD
Amex Account analysis for Metro Broker LTO
Israel Bonds Purchase
stInt total merchants services for Metro
Shareholder Stmt from Walt Disney
Folder containers invoices I sales

Page 3 of 4
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 10 of 40

Control #: 20 Evidence Box: 18

Location: Kitchen Locator Code:
Found: File 1 4 drawer from top
Description: Seized Per Warrant Sales receipts for 2005 & 2006

Control #: 21 Evidence Box: 19

Location: Kitchen Locator Code:
Found: Files 2 (botton drawer "GAP 2005"
Description: Seized Per Warrant Morgan Stanley Statements
Mellill Lynch Statements
Prudential Financial Statements
Smith Bamey Statements
T Rowe Price Statements
Wachovia Securities

Page 4 of 4
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 11 of 40

Inventory Listing of Contraband Items Seized at Search Warrant Site

Site Name: Investigation Number: Report Date:

METRO BROKER, Ltd
1852 Reisterstown Rd.
Pikesville, MD
Suite 110
520620139 Tuesday. November 28.
Starting Date and Time: 2006
11/27/200606:15 PM
Ending Date and Time:
11/28/2006 04:30 AM

Control #: 22 Evidence Box: 20

Location: Office Locator Code:
Found: Office Desk B Counter
Description: Seized as 5 Federal 38 SPL P Ammunition
Contraband

Control #: 23 Evidence Box: 21

Location: Office. Locator Code:
Found: Desk B Counter
Description: Seized as One loaded revolver handgun
Contraband

Control #: 24 Evidence Box: 22

Location: Front Store Locator Code:
Front S
Found: botton counter A facing entrance
Description: Seized as One loaded revolver handgun
Contraband

Page 1 of 1
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 12 of 40

UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND

In the Matter of the Search of

(Name, address or brief description of person or property to be searched)
SEARCH WARRANT
3422 Woodvalley Drive
Pikesville, Maryland 21208
r 06-4794 F
CASE NUMBER:

Tcfi Agents of the Internal Revenue Service - Criminal Investigation and any Authorized Officer of the United
States Affidavit having been made before me by Special Agent Sharnell Thomas who has reason to believe
that on the person, or on the premises known as (name, description and or location)

the residence of EUGENE PETAKSY, located at 3422 Woodvalley Dr., Pikesville, MD 21208, is a single story
ranch style home located on the comer of Woodvalley Drive and Stevenson Road with the number "3422" displayed
on the mailbox. The property Deed of Trust on file with the State of Maryland lists EUGENE PET ASKY as the
sole owner of 3422 Woodvalley Dr., Pikesvilie, MD 21208; See Attachment A to the attached and
incorporated affidavit of S/A Shamel! Thomas, dated November 20,2006.

in the District of Maryland, there is now concealed a certain person or property, namely (describe the person or
property)

See Attachment B to the attached and incorporated affidavit of S/A Shamel! Thomas,
dated November 20, 2006.

I am satisfied that the affidavits(s) and any recorded testimony establish probable cause to believe that the
person or property so described is now concealed on the person or premises above-described and establish
grounds for the issuance of this warrant.

YOU ARE HEREBY COMMANDED to search on or before lI(iD/JI,'

Date
(n~ to exceed 10 days) the person or place named above for the person or property specified, serving this
warrant and making the search (in the daytime - 6:00 A.M. to 10:00 P.M.) (at any time in the day or night as I
find reasonable cause has been established) and if the person or property be found there to seize same,
leaving a copy of this warrant and receipt for the person or property taken, and prepare a written inventory of
the person or property seized and return this warrant to th ble Paul W. Grimm, U.S. Magistrate Judge,
as required by law.

At:~2.1~ ..{ (Ug ti/l.,J Baltimore, Maryland

Date and TIme Issued

Paul W. Grimm. U.S.

PAULW. GRIllI
CHIEF MAGISTRATE JUDGE
us DISTRICT COURT FOR THE DISTRICT OF JWM.NfD
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 13 of 40
, RETURN

COpy OF WARRANT AND RECEIPT FOR ITEMS LEFT WITH

Dc:{? ()~H P;;T,
INVENTORY MADE IN THE PRESENCE OF

INVENTORY OF PROPERTY TAKEN PURSUANT TO THE WARRANT

,.

CERTIFICATION

Subsc"bed,swornto, and returnedbeforemeth~

Un~ed st1:. Mag;-/: J~:!n.

Date

1'111 frO ,W.W A. q

!oout nIJlT2W~Jo1 'i3JH'::;
aMAJYRNf~o ,.,UT2IO 31fT lilY'!: l'SltJO~ T:)' ':-,.,:"' 8i
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 14 of 40

Inventory Listing of All Items Seized at Search Warrant Site

Site Name: Investigation Number: Report Date:

3422 Woodvalley Drive 520620139 Monday, November 27,
Pikesville, MD 21206 StartIng Date and 11me: 2006
11/2712006 06:10 PM
Ending Date and 11me:
11/2712006 09:20 PM
Control #: 1 Evidence Box: 1
Location: Bedroom 3 Locator Code:
Found: Top of Credenza
Description: Seized Per Warrant 2 CDs - Not Labeled

Control #: 2 Evidence Box: 2

Location: Bedroom 3 Locator Code:
Found: Box on Floor
Description: Seized Per Warrant Bank of America Account Information for Ben Petasky

Control #: 3 Evidence Box: 2

Location: Mudroom Locator Code:
Found: On Chair
Description: Seized Per Warrant Deposit Slip - E. Petasky (1st National Bank of Maryland) NN
52760933
Letter From (AMEX) AlN 3715-2~3-11015 - Gene
Petasky

Control #: 4~. \ .. .'

Evidence Box: 2
Location: Bedroom 4 Locator Code:
Found: Chase Lt>unge In Front of Bed
Description: Seized Per Warrant Receipt For $2,600 Cash Payment To C Mart Home
(1,1/26/06)

Control #: 5 Evidence Box: 2

Location: Bedroom 4' Locator Code:
Found: On Fireplace
Description: Seized Per Warrant Merrill Lynch Investment/Proxy Documents
M&T Bank Deposit Slip
Touchstone Investments Prospectus

Control #: 6 Evidence Box: 2

Location: MasterBedroom Closet Locator Code:
Found: Leftside
Description: Seized Per Warrant Recaps 1/03/2005 - 11129/2005
M&T Bank Statement 09110/2006 -10/07/2006 (AIN
2300000OO38303)

Page 1 of 3
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 15 of 40

Control #: 7 Evidence Box: 3

Location: Bedroom 3 Locator Code:
Found: Box on Floor
Description: Seized Per Warrant COMPAQ Presario 1260 (SIN 1V8CCFKCR465)

Control#: 8 Evidence Box: 4

Location: Basement living Room Locator Code:
Found: Table Top
Description: Seized Per Warrant COMPAQ Presario 1200 (SIN 1V9CDCH780wr

Control#: 9 Evidence Box: 2

Location: Living Room Locator Code:
Found: Leather Orioles Briefcase
Description: Seized Per Warrant Letter of Insurance; BGE Bill; Insurance Card-Austin Healey;
Rental Receipts; Rental Letter; Rental Letter; Rental Joumal;
Merrill Lynch Deposit Slip

Control #: 10 Evidence Box: 2

Location: MasterBedroom Closet Locator Code:
Found: Right-Side of Closet
Description: Seized Per Warrant State of Israel Statement (AiN 310097)
State of Israel Statement (AiN 576773)

Control#: 11 Evidence Box: 2

Location: MasterBedroom Closet Locator Code:
Found: Safe
Description: Seized Per Warrant Letter From Accountant

Control #: 12 Evidence Box: 2

Location: Bedroom 4 Locator Code:
Found: Top of Desk
Description: Seized Per Warrant Ground Rent Documents

Control #: 13 Evidence Box: 1

Location: Bedroom 4 Locator Code:
Found: Desk Drawer
Description: Seized Per Warrant 3 1/2" Fujifi/m Formatted Floppy Disk

Control #: 14 Evidence Box: 2

Location: Hallway Locator Code:
Found: Shelf
Description: Seized Per Warrant Merrill Lynch Account Informaiton
John Hancock Account Information

Page 2 of 3
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 16 of 40

Control t#: 15 Evidence Box: 2

Location: Basement Closet Locator Code:
Found: Brinks Safe
Description: Seized Per Warrant Nations Bank Safe Deposit Key; BofA Statements (AIN
3936662881); Bank of America Roth IRA (A1N
91000046547989); Deutsche Bank Alex Brown (AJN
5XF196573

Control t#: 16 Evidence Box: 5

Location: MasterBedroom Closet Locator Code:
Found: Closet Shelf
Description: Seized Per Warrant Datatrck Extreme PC (No SIN) - Security Video

Control #: 17 Evidence Box: 6

Location: Bedroom 3 Locator Code:
Found: DeskTop
Description: Seized Per Warrant Generic PC (SIN 62273958)

Page 3 of 3
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 17 of 40

DECLARATION

VWe, Special Agent Sharnell Thomas, Internal Revenue Service, hereby verify that the
contents of the attached unsigned Affidavit that was submitted on or about November 20,2006 in
support ofthe signed attached Search and Seizure Warrant is true and correct to the best of my/our
knowledge, information and belief, regarding the following locations where the Warrant was
executed on or about November 20, 2006;

1852 Reisterstown Road, Suite 110, Pikesville, Maryland 21208

3422 Woodvalley Drive, Pikesville, Maryland 21208

I DECLARE UNDER THE PENALTY OF PERJURY PURSUANT TO TITLE 28 U.S.C., S 1746

THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF.

Special Agent Sharnell Thomas

Internal Revenue Service
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 18 of 40

AFFIDAVIT IN SUPPORT OF APPLICATION FOR

SEARCH WARRANT AND SEIZURE WARRANT

Sharnell Thomas, being duly sworn, states:

LOCATIONS TO BE SEARCHED

EUGENE PETASKY'S OFFICE, 1852 Reisterstown Rd., Suite 110, Pikesville, MD

21208

EUGENE PETASKY'S HOME RESIDENCE, 3422 Woodvalley Dr., Pikesville, MD

21208

AFFIANT EXPERIENCE

1. Your affiant, Shamel I Thomas, is a Special Agent with the Internal Revenue Service,

Criminal Investigation Division, and has been employed in that capacity since November

2003 . Your affiant's responsibilities include the investigation of possible criminal

violations of the Internal Revenue Code, covered under Title 26 of the United States

Code; the currency reporting requirements, covered under Title 31 of the United States

Code; the money laundering statutes, covered under Title 18 of the United States Code,

Sections 1956 and 1957; and false, fictitious, or fraudulent claims and conspiracy to

defraud the government with respect to claims, covered under Title 18 of the United

States Code, Sections 286 and 287, and related offenses. Your affiant has experience in

the execution of financial search warrants and experience in analyzing tax returns and

books and records.

1
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 19 of 40

2. Your affiant holds a Bachelor's degree in Accounting from Hampton University, 2003.

Twenty four credit hours of Accounting courses focusing on financial reporting

requirements were completed while completing the requirements of the Accounting

curriculum.

3. In addition to her experience as a Special Agent, your affiant completed the required

Special Agent training at the Federal Law Enforcement Training Center located at

Glynco, Georgia. Training included a ten-week Criminal Investigator Training Program

that concentrated on criminal investigation techniques, criminal law, and search warrants.

Training also included a fourteen week Special Investigative Techniques curriculum

where the mastery of financial investigation techniques, accounting, tax, and the

execution of search warrants was required.

4. Since assignment to the Baltimore Field Office in May 2004, your affiant has participated

in numerous enforcement actions including the execution of search warrants in the

Baltimore/Washington area.

5. Based upon my training, experience, and participation in investigations involving

violations of the Internal Revenue laws and related offenses and my discussions with

others involved in similar investigations, I know that:

a. Title 31, United States Code, Section 5331 provides that when any person engaged in

a trade or business receives more than $10,000.00 in coins or currency (i.e. "cash") in

one (1) transaction, that person shall file a Form 8300 Report of~ash Payments Over

$10,000 Received in a Trade or Business (commonly referred to as "a form 8300")

for each transaction, and keep a copy of each Form 8300 for five (5) years from the

date filed. Section 5331 also requires that two transactions be treated as a single

2
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 20 of 40

transaction if the transactions are related. The form requires, among other things, the

identity of the individual who conducted the transaction and the individual or

organization for whom the transaction was completed.

b. Forms 8300 are often used by law enforcement to uncover a wide variety of illegal

activities, including narcotics trafficking and money laundering. Based upon your

Affiant's training and experience, individuals involved in narcotics trafficking are

aware of such reporting requirements and take active steps to cause businesses to fail

to file 8300s. These active steps are often referred to as "structuring" and involve

making multiple cash payments in increments less than $10,000 for an item priced at

more than $10,000 and/or intentional failure ofa business to file a Form 8300.

6. Based on your affiant's training and participation in financial and narcotics investigations,

your Affiant is familiar with the various methods, schemes, and practices used by narcotics

traffickers and/or those who assist narcotics traffickers with laundering drug proceeds.

These methods, schemes and practices include, but are not limited to, the following:

a. Money Launderers very often fail to file forms as required by the government to

avoid detection by the government and to conceal and disguise the nature, location,

source, and ownership of funds and property believed to be proceeds of some

unlawful activity;

b. Money Launderers must maintain on hand large amounts of U.S. currency in order to

maintain and finance their activities;

c. Money Launderers maintain books, records, receipts, notes, ledgers, invoices,

shipping records, journals, and other documents of transactions;

3
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 21 of 40

d. Persons involved in money laundering conceal in their businesses, large amounts of

currency, precious metals, jewelry, and other items of value; and evidence of

financial transactions relating to obtaining, transferring, secreting, or the spending of

large sums of money made from engaging in money laundering activities;

e. Money Launderers commonly maintain in their businesses the following: bank

statements, photographs of themselves with co-conspirators, addresses, telephone

numbers, and other contact information in books or papers that reflect identifying

information about their associates and;

f. Money Launderers and narcotics traffickers maintain computers to store records as

described above, and usually keep these computers in their residences, businesses, or

other locations under their control.

7. Based on experience and training, your Affiant knows that individuals and businesses

engaged in an income-producing business keep records of their financial activities. These

records may be in the form of written notes and/or correspondence, receipts, negotiated

instruments, bank statements, and other records. Records of this kind are frequently stored

on computers. In many instances, businesses use software based accounting applications to

account for their activities.

STATUTORY VIOLATIONS

8. For the reasons stated herein, there is probable cause to believe that the locations for which

this application is submitted and this affidavit is prepared will contain proceeds, jewelry,

and/or evidence and instrumentalities relating to the violations of the following federal laws:

4
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 22 of 40

a. Laundering of monetary instruments and engaging in monetary transactions in

property derived from specified unlawful activity, in violation of Title 18, United

States Code, Sections 1956; and

b. Failure to file reports as required by Section 5331 to evade reporting requirements, in

violation of Title 31.

9. All of the information contained herein is either personally known to your Affiant or has

been relayed to your affiant by other law enforcement officials, cooperating defendants, a

confidential source, and third party witnesses. Your affiant has also reviewed evidence

obtained via grand jury subpoenas, as well as the reports of other law enforcement officials

who have participated in this investigation.

SUMMARY OF LOCATIONS TO BE SEARCHED

10. This affidavit is not intended to include each and every fact known to your Affiant or to the

government, but for the limited purpose of establishing probable cause to support the

issuance of search warrants for the locations and items listed below. There is probable cause.

to believe that these locations have evidence, fruits, and instrumentalities of money

laundering. The locations for which search warrants are sought are all within the Northern

District of Maryland and are described as follows:

a. The Offices and safes of METRO BROKER JEWELERS LTD Inc., at 1852

Reisterstown Road., Suite 110, Pikesville, Maryland 21208 (hereinafter referred to

as METRO BROKER), is a jewelry store business located in the Woodholme

Center Shopping Plaza on the street level of a two-level brick building at the corner

of Reisterstown Road and Mt. Wilson Lane. It has glass windows and a glass front

door, burgundy awnings, and is prevalently marked "METRO BROKER LTD" on a

5
 Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 23 of 40

sign located above the door entrance. EUGENE PET ASKY'S office is located

inside and in the rear of METRO BROKER. There are several safes located on the

premises. Your affiant believes they are in the office but there may be safes outside

the office as well. Your affiant seeks authorization to search only the office and

safes.

b. The residence of EUGENE PETAKSY, located at 3422 Woodvalley Dr., Pikesville,

MD 21208, is a single story ranch style home located on the comer of Woodvalley

Drive and Stevenson Road with the number "3422" displayed on the mailbox. The

property Deed of Trust on file with the State of Maryland lists EUGENE PET ASKY

as the sole owner of3422 Woodvalley Dr., Pikesville, MD 21208.

INVESTIGATION AND PROBABLE CAUSE

11. Internal Revenue Service - Criminal Investigation ("IRS-CI") was introduced to METRO

BROKER by a cooperating defendant (hereinafter referred to as "CD 1"). CD 1, a signed

cooperator with IRS-CI and the Drug and Enforcement Agency ("DEA"), has provided

substantial information regarding drug trafficking in the Baltimore, Maryland area. CD 1 has

provided proactive cooperation which has resulted in the arrests of numerous drug

traffickers, drug seizures in excess of2.5 killograms of her ion, and cash seizures in excess of

$40,000.

12. In August 2004, DEA arrested CD 1 for conspiracy to distribute heroin. Thereafter, CD 1 was

made aware of law enforcement's knowledge of his/her illegal activities. CD 1 agreed to

plead guilt to federal narcotics charges. CD 1 also agreed to cooperate with law enforcement

in further investigations of other narcotics violations including the activities of EUGENE

PET ASKY and METRO BROKER. CD 1 is cooperating with law enforcement in hopes

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of reducing CD I' s sentence for criminal offenses relating to the conspiracy to distribute

heroin. CD 1 is currently in Atlanta, Georgia awaiting sentencing relating to charges for

which he/she has pleaded guilty.

13. Your affiant, IRS-CI Special Agent Jeffrey Hostelley, and DEA Special Agent Brendan

O'Meara interviewed CDI in December 2005. CDI stated that for approximately 25 years,

he/she has been purchasing jewelry from a male named "GENE," later identified as

EUGENE PET ASKY ("PETASKY"), at METRO BROKER located at 1852

Reisterstown Rd., Suite 110, Pikesville, MD 21208. From the beginning of their

relationship, PET ASKY was well aware that CD 1 was a drug dealer and used drug proceeds

to make his/her purchases. PET ASKY and CD 1 openly discussed CD 1' s business. For

example, PETASKY warned CDI to "be careful". PETASKY also discussed CDI's drug

arrests and prosecutions. CDI stated that over the years, he/she paid at least $300,000.00

cash to PET ASKY in exchange for jewelry from METRO BROKER. These purchases

included high end jewelry including, but not limited to, Rolex watches, diamond rings and

earrings. CDI advised that he/she was never required to complete any forms, nor was he/she

asked by PET ASKY. to provide basic identifYing information, such as his date of birth or

address, information that would assist PETASKY in filling out Forms 8300 as required by

Section 5331. Moreover, CDI stated that PETASKY would never give receipts for his

purchases. CDI stated that all of the cash he gave to PETASKY was proceeds of CD 1's

narcotics trafficking. CD 1 advised that he introduced other drug dealers to PET ASKY for

the purposes of purchasing jewelry.

14. CD 1 personally introduced a half dozen known drug dealers to PET ASKY. CD 1 knew of

an equal number of known drug dealers who laundered drug proceeds through PET ASKY.

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CD 1 knew that PET ASKY understood the cash involved was drug proceeds from

conversations he had with PET ASKY. CD 1 provided details about specific jewelry items

these other drug traffickers made from PET ASKY.

15. CDI stated that he/she would be able to enter METRO BROKER JEWELERS LTD and

purchase jewelry at any time and "GENE", would not make CDI fill out any paperwork to

document the transaction. CD 1 stated that he/she would be able to introduce an undercover

agent to PET ASKY.

16. Currency Banking and Retrieval System ("CBRS") records checks indicate from January 1,

1998 to the present, no Forms 8300 have ever been filed by EUGENE PET ASKY and/or

METRO BROKER.

17. The IRS Small Business/Self-Employed Examination Function conducted Form 8300

Compliance Review on METRO BROKER during the year 2005. The purpose of Form

8300 Compliance Reviews are to ensure that businesses are educated on Form 8300

requirements. Upon completion of the reviews, businesses are fully aware of the 8300 filing

requirements. Revenue Agent Alfred Pleasants ("RA Pleasants") interviewed PET ASKY

on January 9, 2006. PETASKY told RA Pleasants that he had never completed any cash

transactions in excess of $10,000, which would require the filing of Form 8300.

18. PETASKY told RA Pleasants that the IRS previously conducted an 8300 compliance review

8 - 10 years prior to this review, and his attorney or bookkeeper advised him of the 8300

filing requirements. PET ASKY provided RA Pleasants with an internal document (entitled

"Procedure for Sales of Merchandise that is Paid for In Cash and/or Goods [other than check

or credit card]). This document outlined the filing requirements of Form 8300, as well as the

penalties of failing to file a Form 8300. PET ASKY was made fully aware of the 8300

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requirements. PETASKY told RA Pleasants that cash collected at METRO BROKER is

stored in safes at the business. PET ASKY told RA Pleasants that METRO BROKER has

7 safes within the business.

CRIMINAL HISTORY OF EUGENE PETASKY

19. EUGENE PETASKY was arrested by FBI on January 25, 1990 for conspiracy to transport

stolen goodsin interstate commerce in violation of Title 18 U.S.C. 9371, a Class D felony.

Lexis-Nexis Federal Court Cases history records PETASKY'S involvement with an attorney

in the transportation of stolen goods. The attorney, Neil Steinhorn ("Steinhorn"), was

PETASKY'S co-defendant during trial. Steinborn was convicted of conspiracy to transport

stolen goods and money laundering. PET ASKY was convicted by a jury on June 4, 1990

and sentenced to 90 days home detention, two years of supervised release and a $10,000 fine.

CURRENCY TRANSACTION REPORTS

20. Currency Transaction Reports ("CTRs") for PET ASKY and METRO BROKER

JEWELERS LTD reveals the depositing of substantial amounts of cash into the METRO

BROKER business bank account maintained at M&T Bank. There are also several

occasions where several cash deposits were made into the business account numbered

000538325lthat were under $10,000. Through the examination of bank records from M&T

Bank the following was located:

a. PET ASKY has the primary signatory authority on all METRO BROKER bank

accounts;

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b. Eight (8) cash deposits were made between 08/02/2005 - 10/06/2005, into the

METRO BROKER account totaling $67,125. All of the deposits were just under

$10,000;

c. Five (5) cash deposits were made between 11/30/2004 - 12/28/2004, into the

METRO BROKER account totaling $36,880. All of the deposits were just under

$10,000;

d. Four (4) cash deposits were made between 08/14/2003 - 08/28/2003, into the

METRO BROKER account totaling $36,000. All of the deposits were

approximately $9,000;

e. Nine (9) cash deposits were made between 05/08/2001 - OS/29/2001, into the

METRO BROKER account totaling $78,005. All of the deposits were just under

$10,000.

CONSENSUALLY MONITORED CONVERSATIONS WITH EUGENE PETASKY

IRS-CI Undercover Agent ("UCA") Contact on May 24, 2006

21. On May 24, 2006, CD 1 and an IRS-CI Undercover Agent ("UCA") conducted a

consensually monitored meeting with PET ASKY at METRO BROKER located at 1852

Reisterstown Rd., Suite 110, Pikesvilie, MD 21208. The meeting was captured on audio and

video recorder. After introduction by CDl, the DCA told PETASKY that he wanted to

purchase jewelry in the amount of $13,000 - $15,000.

22. The UCA told PET ASKY he was interested in purchasing a pair of diamond earrings and

diamond cufflinks. PET ASKY told the UCA that he would charge $12,500 for the entire

purchase of earrings and cufflinks. CD 1 explained they would be paying cash for the

jewelry. The UCA and CD 1 both stated they did not want a receipt or any other paperwork

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to document the transaction. PET ASKY stated he would write a receipt for himself.

PETASKY also asked the DCA if the DCA would pay $9,500 cash for the jewelry and pay

the remaining difference on a credit card or check.

23. PET ASKY told CD I that he wanted to accept a separate cash payment and take the

difference in a credit card because there was paperwork. The DCA and CD 1 reiterated that

they did not want any paperwork or receipts to document their cash transaction with

PET ASKY. CD 1 told PET ASKY there was never any trouble when CD 1 purchased

jewelry from PETASKY in the past, so there was no need for PETASKY to worry.

24. PETASKY separated the DCA and CDI into separate rooms. CDI explained to PETASKY

that the DCA was CDI 's wife's cousin. PETASKY requested CDI retrieve the cash from

the DCA to pay for the jewelry. The DCA gave CDI the cash for payment of the jewelry.

CDI counted $12,500 cash in front ofPETASKY. CDI gave the cash to PETASKY.

PETASKY hand wrote a receipt for himself in the amount of $9,500. PET ASKY told CD 1

and the DCA that " the law [to document cash transactions] is anything over ten." CDI

told PETASKY, " he [the DCA] ain't got no job, Gene. He just slings coke. He ain't got

no job. He just slings coke." PET ASKY replied to CD 1 and the DCA, "Nothings coming

back on anybody."

25. PETASKY and the DCA discussed additional jewelry of interest to the DCA. The DCA

showed PET ASKY a Presidential Rolex watch that he wore on his wrist. The DCA

explained to PET ASKY that the DCA received the watch from someone he sold cocaine to.

The DCA stated the man owed the DCA $10,000 from the cocaine sale and the man told the

DCA the watch was worth $20,000. PETASKY examined the Rolex watch and told the

DCA the watch was only worth $15,000.

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26. PETASKY told the UCA and CDI it would take approximately 20 - 30 minutes for his

jeweler to set the diamond into the UCA's earrings. The UCA and CDI left METRO

BROKER LTD Inc. for approximately 20 minutes.

27. The UCA and CDI returned to METRO BROKER LTD Inc. to retrieve the earrings and

cufflinks from PET ASKY. PET ASKY asked CD 1 for his home telephone number. The

UCA and CDlleft the business. There is no Form 8300 Report of Cash Payments Over

$10,000 Received in a Trade or Business on record to document this transaction.

Consensually Monitored Telephone Call- CDI and EUGENE PETASKY on May 26,2006

28. During the debriefing of the UCA and CDI after the consensually monitored meeting on

May 24,2006, IRS-CI urged CDI to place a call to CD1's wife. CDI felt PETASKY was

suspicious of his meeting with the UCA and CDl. CDI immediately called his wife and

gave her a physical description of the UCA in case PET ASKY called her and asked any

questions about the UCA.

29. PET ASKY placed several telephone calls to CD 1' s home beginning approximately two

hours after the UCA and CD 1 left METRO BROKER JEWLERS LTD Inc. PET ASKY

eventually spoke to CD l' s wife during his telephone calls to CD l' s home. PET ASKY told

CD1's wife that he met her cousin. PETASKY also told CD1's wife that he wants the CDI

to call him.

30. On May 26,2006, IRS-CI conducted a consensually monitored telephone call between CDI

and PETASKY at (410) 653-5880. PETASKY told CDI that he had been trying to reach

CDI on the telephone. PETASKY asked whether CDI was the UCA going to visit

METRO BROKER again. PET ASKY told CD 1 that he had future painting jobs for CD 1.

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PETASKY also stated that he wanted to sit down and talk with CD 1. CD 1 told PET ASKY

that he would stop by METRO BROKER LTD Inc. soon.

CD 1 Meeting with EUGENE PET ASKY on June 10, 2006

31. On June 10, 2006, CD 1 met PET ASKY at METRO BROKER located at 1852

Reisterstown Rd., Suite 110, Pikesville, MD 21208. The meeting was captured on audio

recorder. The purpose of the meeting was for CD 1 to meet with PET ASKY alone and to

ensure that PETASKY was not suspicious of the DCA.

32. Upon CD1's arrival at METRO BROKER, PETASKY immediately told CDI that the

UCA stated he received his watch for some cocaine that he did not receive payment for.

PET ASKY told CD 1 that the UCA could have been wearing a wire that CD 1 was unaware

of. CD 1 reassured PET ASKY that he had nothing to worry about with the UCA because he

was CDI's family. PETASKY stated he "freaked out." PETASKY also stated that it

reminded him ofa guy that PETASKY's attorney brought to PETASKY, who happened to

be wired: PET ASKY stated he did not know what was going on so that is why he

repeatedly called CD 1.

33. PET ASKY continued to say that he would not talk on the "horn" and he was happy that

CD 1 came to visit. PET ASKY told CD 1 that the "Feds" indicted him for conspiracy to

facilitate the transaction of stolen goods over state lines. PET ASKY stated the judge gave

him probation because he said PET ASKYdid it out of friendship. PET ASKY said the

goods were not stolen, they were provided by the FBI. PET ASKY stated he was

comfortable now that he spoke to CD!. CDI assured PETASKY that the UCA would

return to METRO BROKER.

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Case 1:10-cv-00856-JFM Document 1 Filed 04/05/10 Page 31 of 40 -I
IRS-CI Undercover Agent ("UCA") Contact on August 24,2006

34. On August 24,2006, CDI and an IRS-CI Undercover Agent ("UCA") conducted a

consensually monitored meeting with PET ASKY at METRO BROKER, located at 1852

Reisterstown Rd., Suite 110, Pikesville, MD 21208. The meeting was captured on audio

recorder. During the meeting, the UCA expressed his interest in purchasing a pair of

diamond earrings and a diamond bracelet from PET ASKY. When the UCA made his

selections, PETASKY told the UCA and CDI the total cost would be $23,500 for the

earrings and bracelet. The UCA told PET ASKY he would make his purchase with cash.

PET ASKY took CD I to his office and PET ASKY told CD 1 he wanted CD I to pay him

with the cash and not the UCA. The UCA handed CD I the cash in front of PET ASKY.

CDI returned to PETASKY's office and counted the $23,500 cash in front ofPETASKY.

PETASKY did not give the UCA or CDI a receipt to document the cash transaction. There

is no Form 8300 Report of Cash Payments Over $10,000 Received in a Trade or Business on

record to document this transaction.

CDI Meeting with EUGENE PETASKY on November 8, 2006

35. On November 8, 2006, CDI met PETASKY at METRO BROKER located at 1852
.
Reisterstown Rd., Suite 110, Pikesville, MD 21208 .. The meeting was captured on audio

recorder. The purpose of the meeting was for CD 1 to meet with PET ASKY alone and

capture additional conversation identifying PET ASKY'S knowledge of PET ASKY'S drug

trafficker associates.

36. PET ASKY acknowledged to CD 1 that he/she "brought a lot of dudes into the store and they

spent a lot of money." PET ASKY stated that no one CD 1 brought into the store had hurt

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PET AKSY. CD 1 told PET ASKY he/she thought he/she spent $500,000 in METRO

BROKER. PETASKY said no, but agreed that CDl had spent a lot of money with him.

37. PET ASKY discussed being associated with several drug traffickers. PET ASKY stated

Darryl Henderson, also known as "Bam," would kill anyone that hurt PET ASKY.

PETASKY stated that he paid Bam's legal fees. PETASKY confirmed Bam was an

associate of Greg Parker, a well known drug trafficker in the Baltimore, Maryland area.

PETASKY discussed "Ya Ya Brockington", a well known drug trafficker in the Baltimore,

Maryland area. PETASKY also discussed selling jewelry to an individual named "Wimpy."

PET ASKY confirmed to CD 1 that he sold Wimpy a large chain with a pool table encrusted

with diamonds and rubies. PET ASKY and CD 1 discussed the possibility that Wimpy was

killed by another well known drug trafficker in the Baltimore, Maryland area, Rudy

Williams.

38. PET ASKY agreed that he called CD 1 in the past; claiming business was slow and that CD 1

should bring hislher boys by the store. PET ASKY suggested that he could insure CD 1 to

sell jewelry for PET ASKY to hislher friends. CD 1 could accept payment from hislher

friends, tum the money over to PETASKY and keep a ten percent (l0%) commission.

PET ASKY further suggested that CD 1 become involved in an insurance scheme where CD 1

would make an insurance claim that hislher jewelry was stolen, collect the insurance

payment and re-sell the jewelry back to PET ASKY.

PROBABLE CAUSE FOR RESIDENCE

39. Based on your affiant's training and participation in financial and narcotics investigations,

your affiant is aware that persons involved in money laundering conceal in their residences,

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large amounts of currency, precious metals, jewelry, and other items of value; and evidence

of financial transactions relating to obtaining, transferring, secreting, or the spending of large

sums of money made from engaging in money laundering activities.

40. Money Launderers commonly maintain in their residences the following: bank statements,

addresses, telephone numbers, photographs of themselves with co-conspirators, and other

contact information in books or papers that reflect identifying information about their

associates.

41. Money Launderers and narcotics traffickers maintain computers to store records as described

above, and keep these computers in their residences, as well as their businesses.

42. Your affiant knows that METRO BROKER LTD, Inc is a corporation. Maryland State

income tax returns list EUGENE PET ASKY as president of METRO BROKER LTD,

Inc. Federal income tax returns list EUGENE PET ASKY as having one hundred percent

(100%) ownership of all corporation stock. Your affiant knows from training and experience

that when a business is wholly owned by a single person, that person will frequently mingle

and blur the distinction between personal income, assets and liabilities and those of the

business. Therefore, evidence of money-laundering financial transactions are likely to be

found both at the premises of METRO BROKER,LTD and at Petasky's residence.

43. M&T Bank records show business payments being made into EUGENE PETASKY'S

personal bank accounts for which bank statements are being sent to PETASKY'S residence.

44. On November 15, 2006, IRS-CI conducted surveillance on EUGENE PET ASKY. IRS-CI

Special Agents witnessed EUGENE PET ASKY leave METRO BROKER LTD, Inc at

approximately 5:45 pm with a briefcase taken from METRO BROKER LTD, Inc.

EUGENE PETASKYplaced the briefcase into the trunk of his vehicle. EUGENE

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l

PETASKY drove to his residence, located at 3422 Woodvalley Drive, Pikesville, Maryland

21208, where IRS-CI Special Agent Hostelley witnessed EUGENE PETASKY removing

that briefcase from his trunk and taking it into his home.

COMPUTER EVIDENCE

45. Based upon your Affiant's knowledge and training, persons who own businesses are likely to

store electronic financial records (i.e. business accounting system) and possible contacts

involved in a money laundering scheme on computers located within their business and/or

residence.

46. Based upon your Affiant's knowledge and training and consultations with Special Agent

Manser, who is a Special Agent with IRS CI and who has extensive training in collecting

and analyzing computer evidence, your Affiant knows that searching and seizing information

from computers often requires agents to seize most or all electronic storage devices (along

with related peripherals, discussed below) to be searched later by a qualified computer expert

in a laboratory or other controlled environment. This is true because of the following:

a. The volume of evidence: Computer storage devices, such as hard disks and diskettes,

can store the equivalent of thousands of pages of information. Additionally, a suspect

may try to conceal criminal evidence. He or she might store it in a random order with

deceptive file names. This may require searching authorities to examine all the stored

data to determine which particular files are evidence or instrumentalities of a crime.

This sorting process can take weeks or months, depending on the volume of data

stored, and it would be impractical to attempt this kind of data search on site,

especially at a personal residence.

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b. Technical requirements: Searching computer systems for criminal evidence is a

highly technical process requiring expert skill and a properly controlled environment.

The vast array of computer hardware and software available requires even computer

experts to specialize in some systems and applications; therefore, it is difficult to

know before a search which expert is qualified to analyze the system and its data. In

any event, however, data search protocols are exacting scientific procedures designed

to protect the integrity of the evidence and to recover even "hidden," erased,

compressed, password-protected, or encrypted files. Since computer evidence is

extremely vulnerable to inadvertent or intentional modification or destruction (both

from external sources and from destructive code imbedded in the system as a "booby

trap"), a controlled environment is essential to its complete and accurate analysis.

47. Your affiant recognizes that the METRO BROKER is a functioning company with

approximately seven (7) employees, and that a seizure of the METRO BROKER's

computer network may have the unintended and undesired effect of limiting the company's

ability to provide service to its legitimate customers who are not engaged in money

laundering. In response to these concerns, the agents who execute the search will take an

incremental approach to minimize the inconvenience to METRO BROKER's legitimate

customers and to minimize the need to seize equipment. This incremental approach, which

will be explained to all of the agents on the search team before the search is executed, will

proceed as follows:

a. The computer expert will attempt to create an electronic "image" of those parts of

the computer that are likely to store electronic financial records (i.e. business

accounting system) and possible contacts involved in a money laundering scheme.

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Generally speaking, imaging is the taking of a complete electronic picture of the

computer's dara, including all hidden sectors and deleted files. Imaging a computer

permits the agents to obtain an exact copy of the computer's stored data without

actually seizing the computer hardware. The computer expert or another technical

expert will then conduct an off-site search for [the computer files described in the

warrant] from the "mirror image" copy at a later date. If the computer expert

successfully images METRO BROKER's computers, the agents will not conduct

any additional search or seizure of METRO BROKER's computers.

b. If "imaging" proves impractical, or even impossible for technical reasons, then the

agents will seize those components of METRO BROKER's computer system that

the computer expert believes must be seized to permit the agents to locate electronic

financial records (i.e. business accounting system) and possible contacts involved in

a money laundering scheme at an off-site location. If, after inspecting the

computers, the analyst determines that some or all of this equipment is no longer

necessary to retrieve and preserve the evidence, the government will return it within a

reasonable time.

48. Based upon your Affiant's knowledge and training and from consultations with Special

Agent Donald Manser, your Affiant knows that searching computerized information for

evidence or instrumentalities of crimes commonly requires agents to seize most or all of a

computer systems input/output peripheral devices, related software, documentation, and data

security devices (including passwords) so that a qualified computer expert can accurately

retrieve the system's data in a laboratory or other controlled environment. This is true

because of the following: the peripheral devices that allow users to enter or retrieve data

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t .

from the storage devices vary widely in their compatibility with other hardware and

software. Many system storage devices require particular input/output (or "I/O") devices in

order to read the data on the system. It is important that the analyst be able to properly re-

configure the system as it now operates in order to accurately retrieve the evidence listed

above. In addition, the analyst needs the relevant system software (operating system,

interfaces, and hardware drivers) and any applications software which may have been used to

create the data (whether stored on hard drives or on external media), as well as all related

instruction manuals or other documentation, and data security devices. If, after inspecting the

I/O devices, software, documentation and data security devices, the analyst determines that

these items are no longer necessary to retrieve and preserve the data for evidence, the

government will return them within a reasonable time. Data analysts may use several

different techniques to search electronic data for evidence or instrumentalities of crime.

These include, but are not limited to the following: examining file directories and

subdirectories for the list of files they contain, "opening" or reading the first few "pages" of

selected files to determine their contents, scanning for deleted or hidden data, searching for

key words or phrases ("string searches").

CONCLUSION

39. Based upon the information provided by CDI and the forgoing facts that the undercover

operation revealed, it is your affiant's opinion that probable cause exists to believe that METRO

BROKER and EUGENE PETASKY have committed violations of Title 18, United States

Code, Section 1956, (money laundering), and Title 31, United States Code, Section 5331,

(failing to file Forms 8300). Further, based upon the above stated facts, there is probable cause

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to believe that evidence, fruits, and instrumentalitites of money laundering will be found at the

above described locations.

Sharnell N. Thomas
Special Agent
Internal Revenue Service

Sworn and subscribed to in my presence on the 8th of November 2006.

UNITED STATES MAGISTRATE JUDGE

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March 31, 2010

TO: Jonetta Dyer

Alcohol, Tobacco and Firearms

FROM: Bryan M. Giblin

Assistant U. S. Attorney

RE: U.S. v. Assorted Firearms (Petasky)

Civil Action No.
Case No: 761015-07-0054

The United States has filed a forfeiture action against Assorted Firearms (Petasky).
A copy of the Complaint for Forfeiture is attached.

Notice of this seizure will be published at www.forfeiture.2ov pursuant to

Supplemental Rule C(4) for Certain Admiralty and Maritime Claims.

Thank you.

Attachment
J8 44 (Ecw.7/95) CIVILDocument
Case 1:10-cv-00856-JFM COVER 1 SHEET
Filed 04/05/10 Page 40 of 40
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of
court. ~is f0rtflipproled ~ythe Judicial Conference of the United States in September 1974, is
required tor the use 6fthe Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM)

I. (a) PLAINTIFFS DEFENDANTS Ur:. "l'r-~:i. ~I

Assorted Firearms (~~E~SR;Y), ~ {"'t'"'T
UNITED STATES OF AMERICA
I .l •.
,,>. ~.•• ," I •_ . l':' \1. '.
(b) COUNTY
COUNTY OF RESIDENCE OF FIRST LISTED D'if,!i~ANT Balti~~;e'C~ d;;U
OF RESIDENCE OF FIRST LISTED PLAINTIFF
i. t ,',/:.On -::~::----------
(EXCEPT IN U,S, PLAINTIFF CASES) (IN U,S, PLAINTIFF CAStS GNt 1':) D "l. ...,
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF,!.HE TRACT OF LAND INVOLVli.Il.' ../ r-
) <, ...) ~

\.,.' ',"';.
ATTORNEYS (IF KNOWN)
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
I ,_"

<." .•
Rod J. Rosenstein, United States Attorney '-. i,

Bryan M. Giblin, Assistant United States Attorney

United States Attorney's Office
36 S. Charles Street, 4th floor
Baltimore, Maryland 21201
(410) 209-4800
II. BASIS OF JURISDICTION (PLACE "X" IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACEAN"X"INONEBOX
(FOR DIVERSITY CASES ONLY) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)

[Xl 1u,s. Government [] 3 Federal Question PTF DEF PTFDEF

Plaintiff (U.S. Government Not a Citizen of This State []1 []1 Incorporated or Principal Place []4 []4
Party)
Citizen of Another State []2 []2 Incorporated and Principal Place of [] 5 []5
fl 2 u.s. Government [] 4 Diversity\ Business in Another State
Defendant (Indicate Citizenship of Parties in item Ill)
Citizen or Subject of a Foreign Cntry [] 3 []3 Foreign Nation []6 []6
IV. CAUSE OF ACTI 0 N (CITE THE u.s. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.)

VERIFIED COMPLAINT FOR FORFEITURE

(PLACE AN "X" IN ONE BOX ONLY)

1I 1l 0Insurance PERSONAL INJURY PERSONAL INJURY 1I 610 Agriculture

1I120 Marine II 310 Airplane II 362 Personal Injury Med. II 620 Other Food & Drug
II 130 Miller Act II 315 Airplane Product Malpractice 625 Drug Related Seizure
Liability [ I 365 Personal Injury Product at Property 21 U.S.C. 881 [[423 Withdrawal
II 140 Negotiable Instrument
28 U.S.C, 157
[) 320 Assault, Libel & Liability [) 630 Liquor Laws [) 450 Commerce/ICC
II 150 Recovery of Overpayment
& Enforcement of Judgment Slander [) 368 Asbestos Personal II 640 RR & Truck Rates!etc
[I330 Federal Employers' Injury Prod. Liab . [) 650 AirlineRegs.
1I 151 Medicare Act
[) 152 Recovery of Defaulted Liability II 660 Occupational
[) 340 Marine PERSONAL PROPERTY SafetylHealth
Student Loans (Exc!. Veterans)
[) 153 Recovery of Overpayment [) 345 Marine Product Liability II 370 Other Fraud X690 Other [) 470 Racketeer Influenced
at Veteran's Benefits [I350 Motor Vehicle [) 371 Truth in Lending [) 820 Copyrights Corrupt Organizations

II 160 Stockholders' Suits II 355 Motor Vehicle Product [) 380 Other Personal Property II 830 Patent
Liability Damage [) 840 Trademark [) 810 Selective Service
[) 190 Other Contract
[) 195 Contract Product Liability [) 360 Other Personal Injury II 385 Property Damage Prod. [) 850 Securities!
Product Liability Commodities! Exchange
LABOR SOCIAL
SECURITY II 875 Customer Chal!enge 12
U.S.C.3140

II 710 Fair Labor Standards [) 861 HlA (1395ff) II 891 Agricultural Acts
Act [) 862 Black Lung(923) [) 892 Economic Stabilization
1I 863 DlWC/DIWW Act
[) 720 LaborlMgmt. Relations (405(g))
[) 864 SSID Title XVI [) 893 EnvironmentalMatters
CIVIL RIGHTS [) 730 LaborlMgmt. [) 865 RSI (40S(g)) II 894 Energy Allocation Act
Reporting & Disclosure Act I895 Freedom of
Infonnation Act

II 740 Railway Labor Act

II 900 Appeal of Fee Determ.
[) 210 Land Condemnation 11441 Voting [) 510 Motions to Vacate FEDERAL
Under Equal Access to Justice
[) 220 Foreclosure [) 442 Employment Sentence [) 790 Other Labor Litigation TAX SUITS
[) 443 Housing!Accommodations Habeas Corpus:
[) 230 Rent Lease & Ejectment II 950 Constitutionality of State
[) 444 Welfare [) 530 General
[) 240 Torts to Land [) 791 Emp!. Ret. Inc. Statutes
[) 535 Death Penalty
[) 290 All Other Real Property [) 440 Other CivilRights Security Act [) 870 Taxes (U.S.
[) 540 Mandamus & Other (J 890 Other Statutory Actions
Plaintiff or Defendant)
[) 550 Other (including [) 871 IRS - Third Party
1983 Actions) 26 U.S.C. 7609

VI. ORIGIN [) 2 Removed from II 3 Remanded from II 4 Reinstated or II 5 Transferred from [) 6 Multidistrict [) 7 Appeal to District
State Court Appellate Court Reopened another district (specifY) Litigation Judge from Magistrate
[XII Orib>inal Proceeding
DEMAND CHECK YES only if demanded in complaint:
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
Request for Jury Trial: II yes IX) no
VII. RELATED CASE(S) (See instructions):

- _ Bryan M. Giblin, Assistant United States Attorney

DATE March31,2010 SIGNATURE OF ATTORNEY OF RECORD