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The United States of America, through undersigned counsel, seeking forfeiture of the
a) One Smith & Wesson, Model 36, .38 caliber revolver, SN J&16700;
b) One Smith & Wesson, Model 19, 357 Magnum caliber revolver, SN
9K16180;
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.
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.
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4. Since seizure, the defendant property has remained in the custody of the
922(g) (felon in possession of a firearm) and, therefore, should be forfeited to the United States of
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.
1. That any person or persons having any interest therein be cited to appear
of Alcohol, Tobacco, Firearms and Explosives, commanding the arrest of the defendant property;
4. That upon Final Decree of Forfeiture, the United States Department ofJustice
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
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VERIFICATION
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
~.Jl&--~
~lblm
Assistant United States Attorney
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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.
PaulW. Gnmm
U.S. Magistrate Judge
PAUL W. GRIllI
CHIEF MAGISTRATE JUOOE ' .
US DISTRIC'l' COURT FOR 'l'RB DISTRIC'l' OF DRYLMD
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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
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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.
PAULW. GRIllI
CHIEF MAGISTRATE JUDGE
us DISTRICT COURT FOR THE DISTRICT OF JWM.NfD
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, RETURN
,.
CERTIFICATION
Page 1 of 3
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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;
LOCATIONS TO BE SEARCHED
21208
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
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
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2. Your affiant holds a Bachelor's degree in Accounting from Hampton University, 2003.
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
that concentrated on criminal investigation techniques, criminal law, and search warrants.
where the mastery of financial investigation techniques, accounting, tax, and the
4. Since assignment to the Baltimore Field Office in May 2004, your affiant has participated
Baltimore/Washington area.
violations of the Internal Revenue laws and related offenses and my discussions with
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
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
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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
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
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,
unlawful activity;
b. Money Launderers must maintain on hand large amounts of U.S. currency in order to
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currency, precious metals, jewelry, and other items of value; and evidence of
numbers, and other contact information in books or papers that reflect identifying
described above, and usually keep these computers in their residences, businesses, or
7. Based on experience and training, your Affiant knows that individuals and businesses
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
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:
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property derived from specified unlawful activity, in violation of Title 18, United
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
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
a. The Offices and safes of METRO BROKER JEWELERS LTD Inc., at 1852
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
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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.
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
11. Internal Revenue Service - Criminal Investigation ("IRS-CI") was introduced to METRO
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
plead guilt to federal narcotics charges. CD 1 also agreed to cooperate with law enforcement
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
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
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
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
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
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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stored in safes at the business. PET ASKY told RA Pleasants that METRO BROKER has
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
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.
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
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
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.
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
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
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
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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
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
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
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
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
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
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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
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
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
40. Money Launderers commonly maintain in their residences the following: bank statements,
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
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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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
a. The volume of evidence: Computer storage devices, such as hard disks and diskettes,
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
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,
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t I • \ •
highly technical process requiring expert skill and a properly controlled environment.
The vast array of computer hardware and software available requires even computer
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,
from external sources and from destructive code imbedded in the system as a "booby
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
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
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\ ..
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
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
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
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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I I •••
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
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
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
Sharnell N. Thomas
Special Agent
Internal Revenue Service
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The United States has filed a forfeiture action against Assorted Firearms (Petasky).
A copy of the Complaint for Forfeiture is attached.
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)
\.,.' ',"';.
ATTORNEYS (IF KNOWN)
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
I ,_"
<." .•
Rod J. Rosenstein, United States Attorney '-. i,
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
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):