UNITED STATES DISTRICT COURTDISTRICT OF MARYLAND

UNITED STATES OF AMERICA

v.

MARK 1. LUNSFORD

CRIMINAL COMPLAINT

Case No.: 01 ....3166 -- f5f~.

I, the undersigned complainant being duly sworn, state the following is true and correct tothe best of my knowledge and belief.

1. On or about August 18, 2009, in the District of Mary land, defendant MARK 1.LUNSFORD presented to the United States Drug Enforcement Administration ("DEA"), adepartment and agency ofthe United States, a claim upon and against the United States, and adepartment and agency of the United States, knowing such claim to be materially false, fictitious,and fraudulent, to wit: aRequest for Payment Under 28 U.S.C. S 524(c), in which LUNSFORDprovided a false justification for an award to DEA Confidential Source ("CS") 95-.075570 of 20percent of $17,490 that had been seized in connection with the execution of a search and seizurewarrant, in violation of Title 18, United States Code, Section 287.

2. On or about July 1,2009, in the District of Maryland, defendant MARK 1.LUNSFORD, in a matter within the jurisdiction of the executive branch of the Government ofthe United States, knowingly and willfully made a materially false, fictitious, and fraudulentstatement and representation; to wit: LUNSFORD stated in a Form DEA-6. that DEA CS 95-075570 had provided intelligence to LUNSFORD about a person suspected to be a drug dealer("Suspect-I"'), when as LUNSFORD well knew, DEA CS 95-075570 had not provided anyinformation to LUNSFORD about Suspect-I, in violation of Title 18, United States Code,Section 1001. .

3. In or about October 2008, in the District of Maryland, defendant MARK 1.LUNSFORD, being an officer and employee ofthe United States and of any department andagency thereof, embezzled and wrongfully converted to his own use the property of anotherhaving a value in excess of$IOOO; to wit, a rose-colored, stainless steel "AQUA MASTER"diamond watch, model number: 1282, which had come into LUNSFORD's possession and underhis control in the execution of such office and employment, and under color and claim ofauthority as such officer and employee, in violation of Title 18, United States Code, Section 654.

I further state that I am a Special Agent with the Federal Bureau ofInvestigation, and thatthis complaint is based on the following facts:

See attached Affidavit of Special Agent Brian J. Fitzell,

continued on the attached pages and made a part hereof.

B.~~nan. Itze , peCla gentFederal Bureau of Investigation

Sworn to .b1\foreme and subscribed in my presence,on this,1;11W'd'ayof September, 2009in 'BA-t..Tt "'"-1&£.1 , Maryland

HONORABLE BETH P. GESNERUnited States Magistrate Judge

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UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND

STATE OF MARYLAND

CITY OF BALTIMORE

))))

. ss Baltimore, Maryland

AFFIDAVIT IN SUPPORT OF SEARCH WARRANTSAND CRIMINAL COMPLAINT

I, Brian 1. Fitzell, Special Agent (SA), being duly sworn, depose and state as follows:

1. I have been employed as a SA of the Federal Bureau ofInvestigation (FBI) since

November, 1996. During my tenure as an FBI Agent, I have participated in dozens of

criminal investigations involving public corruption, white collar crime, and other

unlawful activities. I have participated in dozens of searches and arrests involving a

variety of offenses. I am currently assigned to a public corruption squad at FBI's

Baltimore Field Office.

2. For the purpose of the instant applications for search warrants, your affiant is a

federal law enforcement officer under applicable provisions of the United States Code

and under Rule 41 of the Federal Rules of Criminal Procedure.

3. The facts set forth in this affidavit are based upon my personal knowledge,

knowledge obtained from other law enforcement officers, and information gained through

your affiant's training and experience. To the extent this affidavit contains statements by

witnesses, those statements are set forth only in part and in substance and are intended to

accurately convey the information, but not to be verbatim recitations, unless indicated

otherwise. This affidavit is submitted for the limited purpose of establishing probable

cause in support of applications for search warrants and a criminal complaint, and thus,~h

does not contain every fact known by me or the United States.

Overview ofthe Investigation

4. Based on evidence developed during the course of the instant investigation and

outlined in part below, I submit that the facts set forth in this affidavit establish that there

is probable cause to believe that within the District of Maryland, Baltimore City Police

Department Detective Mark J. Lunsford ("Lunsford"), a Task Force Officer (TFO) for the

Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area

(HIDTA), has committed criminal acts in violation of Title 18, United States Code,

Sections 287 (false, fictitious, or fraudulent claims); 1001 (false statements); 666(a)(l)(A)

(theft of property from local governmen~ by agent); 654 (conversion by officer or

employee of the United States of property of another); 1512(c)(2) (obstruction of an

official proceeding); and 472 (possession of counterfeit currency), among others. Further,

your affiant believes the facts set forth in this affidavit establish there is probable cause to

believe that within the places described in Attachments A-I (Lunsford's residence), A-2

(Lunsford's work space at HIDTA), and A-3 (Lunsfor~'s official automobile), there exists

evidence, fruits, and instrumentalities of these crimes.

5. On 06/16/2009, a confidential human source (hereafter, the "CHS") was

interviewed at the FBI-Baltimore Field Office. The CHS was previously operated by

FBI-Baltimore on another investigative matter and closed for cause due to his/her

inability to follow instructions and candor issues (including indicating deception during

an FBI-administered polygraph examinatio'n). The CHS is currently being operated as a

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DEA-numbered source by the Baltimore DEA HIDTA, and may also be an officially

designated source of the Baltimore City Police Department. The CBS is being handled at

DEA HIDTA by Lunsford. The CHS' DEA Confidential Source number is 95-075570.

During the 06/16/2009 interview with the FBI, the CHS provided information regarding

the criminal conduct of Lunsford to include Lunsford's theft of clothing and jewelry from

crime scenes (including searches and arrests), and Lunsford's receiving "kickbacks" of

source payment money from the CHS. The CHS said Lunsford had told him that

Lunsford was up on a wire "in the County" and could tie the CHS into the wire as an

informant. According to the CHS, Lunsford told him/her that Lunsford could get himself

and the CHS $10,000 - $5000 each - on the wiretap case. According to the CHS, he/she

did receive an award of $10,000 for his supposed assistance on the wiretap case, even

though he had no involvement in it. The CHS said that the $10,000 was to be paid in

$1000 installments. According to the CHS, at the time of the 06/16/2009 interview, one

payment of$1000 remained out of the overall $10,000. The CHS said that his agreement

with Lunsford was that, out of each $1,000 payment, Lunsford would give him/her $500

and would keep $500 for himself. The CHS said that, on at least two occasions, he/she

saw Lunsford count the money, give the CHS $500, and keep $500 for himself.

6. On 06/16/2009, the CHS provided the FBI with items of clothing he/she said

he/she had received from Lunsford (purportedly from an arrestee's hotel room) and a

high-end diamond watch (which was broken) which, according to the CHS, Lunsford said

he had stolen from a drug dealer during an arrest. The CHS said Lunsford asked the CHS

to repair and sell the watch and share the proceeds with him. The watch is a rose-colored,

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say."

11. On or about 07/01/2009, Lunsford submitted a Report ofInvestigation on DEA

Form 6 regarding a quarterly debriefing of the CHS. In that report, Lunsford falsely

stated that the CHS had told him "he/she has knowledge of ... [Suspect-I] who is residing

at [an address in] Baltimore MD. The [CHS] stated that [Suspect-I] is a multi ounce

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crack cocaine distributor and that [Suspect-I] is currently operating a [color and make of

automobile ].1 The [CBS] stated he/she will be obtaining additional intelligence on,

[Suspect-I] such as vehicle tag numbers, phone numbers etc., and that the [CBS] will be

attempting to make contact with [Suspect-I] in an attempt to gain [Suspect-l's] trust, in

order to make controlled purchased [sic] from [Suspect-I]." I believe that, in submitting

this false statement concerning the CBS' supposed involvement in furnishing information

about Suspect-I, Lunsford was attempting to lay the groundwork for a monetary award to

be made to the CBS if Lunsford was ever able to make a criminal case against Suspect-I.

12. In addition, during the same 07/01/2009 conversation described in paragraph 10

above, Lunsford discussed the sale of watch-l with the CBS. Lunsford told the CBS that

watch-l belonged to Suspect-2, who Lunsford said had pled out to 19 years on a federal

case.

13. Also, during the same 07/01109 conversation, Lunsford told the CBS that he stole

three play station video games from the residence of a person BIDT A personnel

interviewed on or about 06/30/2009. In that regard, Lunsford told the CBS, "I ain't goin'

into a [expletive] house if I ain't gettin' somethin out of that bitch."

14. During the same 07/0112009 conversation, the CBS asked Lunsford, "Me and you

are the only ones 'that know we split that ten grand, right?" The CBS was referring to the

$10,000 in source payments the CBS said Lunsford had arranged for himlher to receive

and then kick back half to Lunsford (as described in paragraph 5 above). Lunsford

1 Lunsford referred in the DEA~6 to the same make of automobile that he coachedthe CBS to provide to BIDTA supervisors, if asked to provide details about Suspect-I.

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answered, "Oh yeah, nobody knows." Later in the conversation, Lunsford reiterated,

"Don't nobody know nothin' about that money ...but me and you." Referring to these

source payments, Lunsford also told the CHS that he had paid the CHS with funds

belonging to Baltimore City.

15. I am aware that the City of Baltimore, Maryland, between the one-year period

beginning on July 10,2008, and ending on July 10,2009, received benefits in excess of

$10,000 under a federal program involving a grant, contract, subsidy, loan, guarantee,

insurance, or other form of federal assistance.

16. In several recorded conversations between the CHS and Lunsford beginning in

June 2009 and continuing into July 2009, Lunsford and the CHS discussed when

Lunsford would receive the last $1000 installment out of the $10,000 award described in

paragraph 5 above. In a recorded telephone conversation on July 10,2009, Lunsford told

the CHS that he had the money to provide to the CHS. Lunsford and the CHS agreed to

meet later that afternoon.

17. At approximately 3:30 p.m. on 07/10/2009, as agreed earlier that day, the CHS

met with Lunsford. The CHS recorded this meeting. During the meeting, Lunsford gave

the CHS $500 in cash. This payment represented the CHS' share of the last $1000 source

payment Lunsford had fraudulently arranged to be issued to the CHS with what Lunsford

described as Baltimore City money.

18. On 07/14/2009, the CHS recorded another in-person meeting with Lunsford.

During this meeting, the CHS gave Lunsford $1500, which the CHS told Lunsford was

half of the proceeds of the sale of watch-1 in New York. In reality, CHS had not sold

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watch-I, but rather, as discussed in paragraph 6 above, had given watch-l to the FBI.

The $1500 CHS gave to Lunsford on 07/14/2009 was FBI funds and consisted of the

following 15 pre~recorded $100 bills with the following serial numbers:

FF78852371BFK18665714BFF78852359BFF67234794CDI05756598ADF91580488AFF84682237 ACF57391203AFE25939335AFB47418728AG18004563AHE00434007 AFF72906628CDG59140885AHE13760361A

"-Although Lunsford had said in an earlier recorded conversation that he thought the CHS

would keep watch-I, Lunsford accepted the $1500 in cash which the CHS indicated was

Lunsford's share of the proceeds of the sale of watch-I. Lunsford said, "and [expletive]

it. It's beautiful." The CHS said, "We took fifteen hundred each. [Expletive] it," and

Lunsford answered, "Free [expletive] money."

19. During the same 07/14/2009 meeting, Lunsford showed the CHS a photo of

Suspect-3 and briefed the CHS on the case Lunsford was currently working on Suspect-3.

Accor~ing to the CHS, the CHS has not been involved in any way in Lunsford's

investigation ofSuspect-3. During the 07/14/2009 meeting, Lunsford told the CHS that

he had areal informant working the Suspect-3 case for him and that Lunsford hoped to

seize all of Suspect-3's assets when he arrested him. Lunsford explained that he intended

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for Lunsford during the meeting and said he/she signed with his/her real signature. Also

during that meeting, in anticipation of the CHS meeting with a DEA Agent concerning

the CHS' supposed assistance on the Suspect-3 case, Lunsford told the CHS, "Whenever

he meets with you, I'll tell you what to [expletive] say."

24. During the same 08/05/2009 meeting, Lunsford gave the CHS a stainless steel

"FREEZE" diamond watch, model number: FR022 (hereafter, "watch-2"), which

Lunsford said he had taken during the arrest/search ofSuspect-3. A jeweler subsequently

appraised the retail value ofwatch-2 at $3,750, with a liquidation value of$950.

Lunsford gave the CHS watch-2, saying, "I don't want it. You can have it...That ..., that

[expletive]'s gone. I can't...,can't get him out of jail to get it.."

25. On or about 08/18/2009, Lunsford submitted to DEA a Request for Payment

Under 28 U .s.c. 9 524(c), concerning the seizure of $17,490 in connection with the

execution of a search and seizure warrant in the Suspect-3 case. Lunsford requested that

DEA provide an award to the CHS of20 percent of the seized funds (which would be

approximately $3,498). In the section of the form in which Lunsford provided the

justification for the award, Lunsford falsely wrote that the CHS had provided intelligence

that resulted in the execution of the search and seizure warrant in the Suspect-3 case.

Lunsford further stated falsely: "Without the valuable intelligence provided by the [CHS],

... [Suspect-3] could not have been arrested." As Lunsford well knew at the time he

submitted the claim for an award to DEA, the CHS had provided no intelligence to him

concerning Suspect-3.

26. On 09/0912009, DEA-Supervisory Special Agent Ronald A. Woods, currently

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assigned as Unit Chief, Confidential Source Unit, DEAHQ, Arlington, Virginia

voluntarily made a consensually monitored and recorded telephone call to Lunsford~s

cellular telephone. SSA Woods asked Lunsford to explain the justification for the $3,498

award to the CHS as requested on the DEA form submitted in connection with the seizure

from Suspect-3, as described in paragraph 25 above. Lunsford falsely told Woods the

case could not have been made without the CHS. When asked by Woods how the CHS

had assisted Lunsford in the Suspect-3 case, Lunsford falsely stated, "He put me on to the

guy and urn, he got into the guy and was able to get to the guy's house and he showed

him, you know, the "coke," the product of the "coke," and he told him, you know, what it

looked like, it was, you know, it's good [expletive]. He even, while he was there, he

talked to him about buy in' a gun and he was able to tell me exactly where the [expletive]

was in the house. You know, he said he went in the basement. He came out with a

lockbox and so he's got the money and the gun in the lockbox and that camefrom the

basement and he said he went to the kitchen to pull the "coke" out and he's got a false

bottom container in the kitchen. I mean so he put me ...It made my job easy, man."

27. At the request of the FBI, DEA allowed Lunsford's request for the 20 percent

award for the CHS to be processed on an expedited basis. Thus, DEA issued a United

States Treasury -check in the amount of $3,498 made payable to the CHS for his supposed

lassistance on the Suspect-3 case.

28. On 09/21/2009, the CHS recorded a telephone conversation with Lunsford.

Lunsford told the CHS that he had received a check from DEA for the award to the CHS.,/ ,.,

Lunsford and-the CHS agreed to meet at HIDT A on the morning of 09/22/2009 so that

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() r-.3 fttftlJ!rrI

Lunsford could give the CHS the check. Lunsford stated that a DEA Agent would be

present at the time to witness Lunsford give the CHS the check, but said that he and the

CHS would divide the proceeds of the check later.

29. On 09/22/2009, at approximately 10:00 a.m., Lunsford met withthe CHS in

person outside the HIDTA office in Elkridge, Maryland. Lunsford was accompanied by a

DEA agent. During that meeting, Lunsford provided the CHS with the $3,498 United

States Treasury check that represented the 20 percent award for the CHS' supposed

assistance that purportedly led to the search and seizure of the $17,490 from Suspect-3.

30. At my direction, the CHS negotiated the $3,498 United States Treasury check at a

bank later on 09/22/2009. Later on 09/22/2009, the CHS provided me with the $3,498 in

cash that 'he received as a result of negotiating this check. I then provided the CHS with

the below-listed 17 pre-recorded $100 bills, and instructed him to meet with Lunsford

later in the afternoon on 09/22/2009 to go ahead with Lunsford's stated intention to

divide the proceeds of the $3,498 award payment:

DG26218984AHG41962276BHG41962214BHD02883008AAB05953473PFG43254870AAH58973907 AAB65857984KAG87154264BFL75122381BAG95037435BDG52209233AHB60951102JFF00461712AAF38177058B

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AB43880765FDC20588729A

31. On 09/22/2009, at approximately 3:45 p.m., Lunsford and the CHS met in person

in a parking lot in Sykesville, Maryland. The CHS recorded this meeting. During this

meeting, the CHS provided Lunsford with the 17 pre-recorded $100 bills listed in the

preceding paragraph.

32. Lunsford drove his official automobile, a 2008 silver Hyundai Sonata, bearing

Maryland license plate 4EYB81, to the 09/22/2009 meeting with the CHS described in

the preceding paragraph. At the conclusion of the meeting between Lunsford and the

CHS, at approximately 4:00 p.m. on 09/22/2009, FBI agents maintained visual

surveillance of Lunsford in his official vehicle, and observed Lunsford drive' directly to

1246 Canterbury Drive in Sykesville, Maryland.

33. According to the CHS, the CHS has been to Lunsford's residence on

approximately five occasions, the last time occurring sometime in late Spring or early

Summer 2009, before the CHS initially reported Lunsford's misconduct to the FBI.

While at the house, CHS helped Lunsford with his wood flooring and air conditioner.

The CHS also said he/she received items of jewelry, including watch-I, from Lunsford

while in Lunsfo!~'s residence on two separate occasions. According to the CHS,

Lunsford retrieved watch-l from a "hutch" located in the bedroom. According to the

CHS, the occasions on which Lunsford provided jewelry to him/her occurred "before the

Super Bowl," during the Winter of 2008/2009 and in the Spring of 2009. According to

the CHS, Lunsford had two guns in his bedroom and what appeared to be a gun storage

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box in his basement.

34. In numerous conversations that the CHS recorded with Lunsford between June

2009 and September 2009, Lunsford provided details to the CHS ofHIDTA operations

that he was then working on. These included details concerning several searches and/or

arrests...

35. In June ,2009, the CHS told me that he/she had received counterfeit currency from

Lunsford. On 09/18/2009, the CHS told me that he/she had received three counterfeit

$20 bills from Lunsford (who had retrieved them from the trunk of his car). According to

the CHS, this occurred in approximately Mayor June 2009, while Lunsford was driving a

different official vehicle. In the recorded in-person meeting on 07/01/2009 (discussed in

paragraphs 10-14 above), the CHS asked Lunsford if he had any more of "those twenty

dollar bills." Lunsford responded that he did not, and that he had given four or five of

them to his father, who had then tried to pass them at a store.

Locations To Be Searched

36. Lunsford is listed in public records as the owner of the property located at 1246

Canterbury Drive, Sykesville, Maryland 21784. On 09/14/2009, the CHS identified the

residence of Lunsford from an aerial image obtained from Google maps. The CHS also

drew a floor plan 'of the interior of the residence from his/her memory. The property the

CHS identified as Lunsford's residence is 1246 Canterbury Drive, Sykesville, Maryland

21784. As noted above, Lunsford drove to 1246 Canterbury Drive in Sykesville

immediately upon concluding his meeting with the CHS at approximately 4:00 p.m. on

09/2212009.

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37. On 09/1412009, surveillance images were examined at FBI-Baltimore. The

vehicle driven by Lunsford during the meeting with CHS on 08/05/2009 (discussed in

paragraph 23 above, when, among other things, Lunsford provided paperwork to the CHS

to sign) appeared to be a 2008 silver Hyundai Sonata, bearing Maryland license plate

4EYB8l. I know from my training and experience that many law enforcement officers,

particularly those working surveillance-heavy investigations, such as drug investigations,

often change license plates on their police-issued vehicles. Therefore, Lunsford's official

vehicle mayor may not have the same license plate noted above on the day of the

execution of this search warrant.

38. Based upon my training and experience, I know that individuals engaged in the

type of criminal conduct described herein maintain control and custody of the proceeds of

their crimes, including jewelry and other valuables, in their homes, work spaces, and

automobiles .. In particular, based on my training and experience, I am aware that persons

who receive illicit cash payments frequently do not deppsit such currency in banks, which

could leave a paper trail, but rather keep such cash in their homes. They also maintain

paperwork related to the receipt and expenditure of suc,h funds at their residence.

39. Ialso am aware based on my training and experience that law enforcement

officers who work with confidential sources frequently maintain records relating to

contacts with their sources and the work performed by those sources in their office work

spaces.

40. I.also am aware based on my training and experience that law enforcement

officers who work with confidential sources frequently meet their sources at mutually

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convenient locations away from law enforcement offices. In such instances, it is common

for law enforcement officers to transport documents related to the confidential sources

and the work performed by those sources in the officers' official automobiles.

Conclusion

41. Based on the information set forth above, I submit that there is probable cause to

believe that Lunsford has committed the offenses described in paragraph 4 above, and

that within Lunsford's residence (described in more detail in Attachment A-I),

Lunsford's work space at HIDTA (described in more detail in Attachment A-2), and

Lunsford's official automobile (described in more detail in Attachment A-3), there will be.

found evidence, fruits, and instrumentalities of these crimes, as described in detail in

Attachment B. Therefore, I respectfully request that the attached warrants be issued

authorizing the search of the locations described in Attachments A-I, A-2, and A-3, and

permitting the seizure of the items described more particularly in Attachment R

42. I request this affidavit and the accompanying applications be placed under seal.

This is necessary to protect the integrity of the ongoing investigation. Premature

disclosure of the contents of this affidavit could frustrate this investigation by

immediately alerting the subject of the inve~tigation.

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43. Your affiant affirms under penalty of perjury that the facts and circumstances

outlined in this affidavit are true and accurate to the best of his knowledge and belief.

dwtz~#==Brian 1. FitzeSpecial Agent, FBI

Sworn to and subscribed before me on this,} t7,i"~y of September, 2009.

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