appearance and habits of drug dealers and users.

Through my

training, education and experience, I have become familiar with the manner in which illegal drugs are transported, stored, and

distributed; the methods of payment for such drugs; the possession and use of firearms in connection with the trafficking of such drugs; and the manner in which narcotics traffickers store and conceal the proceeds of their illegal activities. 2. This affidavit is being submitted in support of an

application for search warrants for the premises set forth below: THE PREMISES KNOWN AND DESCRIBED AS 1120 HOMEWOOD AVENUE, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #1"). SUBJECT PREMISES #1 is a residence of Kimberly McIntosh; THE PREMISES KNOWN AND DESCRIBED AS 4007 FORDLEIGH ROAD, APARTMENT C, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #2"). SUBJECT PREMISES #2 is a residence of Todd Duncan, a/k/a “Donnie;” THE PREMISES KNOWN AND DESCRIBED AS 237 EAST LAFAYETTE STREET, 2ND FLOOR, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #3"). SUBJECT PREMISES #3 is a residence of Duconze Chambers, a/k/a “Ducon;” THE PREMISES KNOWN AND DESCRIBED AS 1502 AISQUITH STREET, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #4"). SUBJECT PREMISES #4 is a residence of Lamont Crooks; THE PREMISES KNOWN AND DESCRIBED AS 2004 BALTIMORE STREET, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #5"). SUBJECT PREMISES #5 is a residence of Davon McFadden, a/k/a “Ben;” THE PREMISES KNOWN AND DESCRIBED AS 1204 WILCOX STREET, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #6"). SUBJECT PREMISES #6 is a residence of Jon Brice, a/k/a “Tiger;”

2

THE PREMISES KNOWN AND DESCRIBED AS 1619 RIVERWOOD ROAD, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #7"). SUBJECT PREMISES #7 is a residence of James Harried, a/k/a “Smiley;” THE PREMISES KNOWN AND DESCRIBED AS 5305B VALIQUET ROAD, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #8"). SUBJECT PREMISES #8 the residence of James Bullock and potential stash location for Duncan; THE PREMISES KNOWN AND DESCRIBED AS THE DESK OF KIMBERLY McINTOSH LOCATED INSIDE TOTAL HEALTH CARE, 1501 DIVISION STREET, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #9"). SUBJECT PREMISES #9 is the work station of Kimberly McIntosh; THE PREMISES KNOWN AND DESCRIBED AS 304 EAST 21ST STREET, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #10"). SUBJECT PREMISES #10 is a residence of Eric Ushry, a/k/a “E;” THE PREMISES KNOWN AND DESCRIBED AS 1701 HARFORD AVENUE, BALTIMORE, MARYLAND AND ITEMS CONTAINED THEREIN ("SUBJECT PREMISES #11"). SUBJECT PREMISES #11 is the residence of Sherice Foster; 3. Based on the facts set forth in this affidavit, I

respectfully submit that there is probable cause to believe that BGF is engaged in an ongoing and continued pattern of violations of federal law and that there is presently concealed in the premises set forth above (collectively “the SUBJECT PREMISES”) the items set forth in the respective attachments hereto, all of which constitute evidence, fruits, and instrumentalities of, inter alia, violations of 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the

distribution and possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. §

3

843,

which

prohibits of

the

use

of

a and

communication 18 U.S.C. §

facility 1959,

in

furtherance

drug-trafficking;

which

prohibits violent crimes in aid of racketeering. 4. Because this Affidavit is being submitted for the

limited purpose of establishing probable cause for warrants to search the premises set forth above, I have not included every detail of every aspect of the investigation. Rather, I have set

forth only those facts that I believe are necessary to establish probable cause. I have not, however, excluded any information known to me that would defeat a determination of probable cause. The

information contained in this Affidavit is based upon my personal knowledge, my review of documents and other evidence, and my conversations individuals. with other law enforcement officers and other

All conversations and statements described in this

Affidavit are related in substance and in part unless otherwise indicated. I. Background 5. Since September 2008, DEA’s Special Investigations

Group (DEA SIG) has been conducting an investigation of the “Black Guerilla Family” (BGF), a violent gang that operates in prison facilities and major cities throughout the United States, including in Baltimore, Maryland. The investigation has involved, among other things: a. physical surveillance in multiple locations,

4

including the locations of the SUBJECT PREMISES; b. (“CSs”);1 c. other contraband; d. telephones; and e. electronic surveillance of cellphones used by BGF members and leaders and their associates. 6. As more fully described below, the evidence obtained review of monitored telephone calls over prison seizures of narcotics and narcotics proceeds and debriefings of multiple confidential informants

through these and other means has established that BGF is a violent gang that is engaged in drug-trafficking, extortion, and acts of violence in Baltimore City and elsewhere. 7. The initial phase of this investigation was conducted During this period, DEA SIG

in February through April of 2009.

utilized wire intercepts of several cellular phones, including contraband cellphones utilized by incarcerated members of BGF, which demonstrated a pattern of racketeering activity and BGF’s control of various prison facility. 8. On April 8, 2009, a Federal Grand Jury sitting in the

District of Maryland returned separate Indictments charging a total of 25 BGF members and associates with drug-trafficking and other offenses (“the 2009 Indictments”). Specifically, one Indictment

1

The reliability of each of the CSs is discussed below. 5

(the “Brown Indictment”) charged Eric Brown and thirteen others, including Deitra Davenport, Rainbow Williams, Marlow Bates, and current or former corrections employees Terry Robe, Asia Burrus,

Musheerah Habeebullah, and Takevia Smith, with participating in a conspiracy to distribute and possess with intent to distribute controlled substances, in violation of 21 U.S.C. § 846. The same

indictment also charged Randolph Edison, Roosevelt Drummond, and Zachary Norman with involvement in the drug conspiracy as well as participation in a Hobbs Act robbery conspiracy, in violation of 18 U.S.C. § 1951. A second Indictment (the “Glasscho Indictment”)

charged Kevin Glasscho and 10 others, including Cassandra Adams, Tyrone Dow, Calvin Robinson, Avon Freeman, James Huntley, Darnell Holmes, a/k/a “Moe,” Darryl Taylor, Joe Taylor-Bey, a/k/a “Joe Taylor,” Darien Scipio, a/k/a “Reds,” and Lakia Hatchett, with participating in a conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846. All of the offenses charged in these Indictments were committed in furtherance of, or were committed by members of, the BGF racketeering enterprise. In conjunction with the arrest

warrants for the 2009 Indictments, law enforcement executed 13 search warrants on various locations in and around Baltimore City, as well as searches of 16 separate jail cells of alleged BGF members located in various prison facilities throughout the State of

Maryland.

As a result of these search warrants, law enforcement

6

recovered

approximately

500

grams

of

heroin,

firearms,

drug

paraphernalia and packaging material, BGF literature and hundreds of documents and photographs linking the various members of the 2009 Indictments to each other and to BGF. Several of these individuals

have already pled guilty for their part in the conspiracy to distribute and possess with the intent to distribute heroin,

including Robe, Habeebullah, Burrus, Smith, Robinson, Freeman, Taylor, Taylor-bey and Hatchett. 9. Information developed during the initial

investigation, as well as from various cooperating

witnesses,

demonstrated that the BGF was attempting to utilize the same paramilitary structure successfully used by the enterprise prison, to control the heroin trade in Baltimore City. Electronic Surveillance of BGF 10. On February 5, 2010, the Honorable J. Frederick Motz, United States District Judge, signed an Order pursuant to Title 18, United States Code, Section 2518, authorizing the Government to intercept wire communications occurring over the cellular telephone assigned call number (443)378-1737 and bearing international mobile subscriber identity (“IMSI”) #316010166475527 (the "CHAMBERS in

CELLPHONE” OR TARGET CELLPHONE #1), used by DUCONZE CHAMBERS, a/k/a, “Duconze, a/k/a “Ducon,” with service provided by Sprint/Nextel, including through the use of Sprint/Nextel’s Direct Connect/Dispatch Services. Interception pursuant to this Order began on February 8,

7

2010 and was terminated on April 7, 2010. 11. On March 1, 2010, the Honorable J. Frederick Motz,

United States District Judge, signed an Order pursuant to Title 18, United States Code, Section 2518, authorizing the Government to intercept wire communications occurring over the cellular telephone assigned call number (443)224-0458 and bearing international mobile subscriber identity (“IMSI”) #310410290776119 (the "DUNCAN

CELLPHONE” OR TARGET CELLPHONE #2), used by TODD DUNCAN, a/k/a, “Donnie,” with service provided by T-Mobile. Interception pursuant

to this Order began on March 1, 2010 and was terminated on March 15, 2010. 12. On March 15, 2010, the Honorable J. Frederick Motz,

United States District Judge, signed an Order pursuant to Title 18, United States Code, Section 2518, authorizing the Government to intercept wire communications occurring over the cellular telephone assigned call number (443)703-6325 and bearing international mobile subscriber identity (“IMSI”) #310260460554293 (the “Crooks

CELLPHONE” or "TARGET CELLPHONE #3"), subscribed to Lamont Crooks, 200 Patterson Park Avenue, Baltimore, Maryland and utilized by LAMONT Crooks, with service provided by T-Mobile; and wire

communication occurring over the cellular telephones assigned call number (410)599-5750 and bearing international mobile subscriber identity (“IMSI”) #310410261755076 (the “COIL CELLPHONE” or "TARGET CELLPHONE #4"), subscribed to COIL, 1200 West Baltimore Street, 8

Baltimore, Maryland and utilized by TODD DUNCAN, with service provided by T-Mobile. March 16, 2010 and Interception pursuant to this Order began on is ongoing for the Crooks Cellphone, but

interception of the Coil Cellphone was terminated on April 7, 2010. 13. On March 25, 2010, the Honorable J. Frederick Motz,

United States District Judge, signed an Order pursuant to Title 18, United States Code, Section 2518, authorizing the Government to intercept wire communications occurring over the cellular telephone assigned call number (443)600-1364 and bearing international mobile subscriber identity (“IMSI”) #310260254237302 ("TARGET CELLPHONE #5"), subscribed to Aja M. Trice, 5307 Tramore Road, Baltimore, Maryland 21214, used by TODD DUNCAN, a/k/a, “Donnie,” with service provided by T-Mobile. Interception pursuant to this Order began on

March 25, 2010 and was terminated on April 7, 2010. 14. On April 6, 2010, the Honorable J. Frederick Motz,

United States District Judge, signed an Order pursuant to Title 18, United States Code, Section 2518, authorizing the Government to intercept wire communications occurring over the cellular telephone assigned call number (410)913-6234 and bearing electronic serial number (“ESN”) #03510747825/23A3FFB1 ("TARGET CELLPHONE #6"), with an unknown subscriber, used by KIMBERLY McINTOSH, a/k/a, “Sister Kim,” with service provided by Verizon Wireless. Interception

pursuant to this Order began on April 6, 2010 and is ongoing. 15. Pursuant to these wiretaps, other law enforcement

9

agents and I intercepted hundreds of calls in which BGF members made arrangements for narcotics transactions and discussed violence in furtherance of their racketeering enterprise.2 III. The Indictments 16. On April 7, 2010, a Federal Grand Jury sitting in the District of Maryland returned an Indictment charging a total of 12 BGF members and associates with drug-trafficking (the 2010 acts of

Indictment”).

Specifically, the 2010 Indictment charges Todd

Duncan, a/k/a “Donnie,” Kimberly McIntosh, a/k/a “Sister Kim, “ and ten others, including Davis, Lamont a/k/a Crooks, “Dirty Duconze Rice,” Chambers, Jon Brice, a/k/a a/k/a

“Ducon,”

Jermain

“Tiger,” Davon McFadden, a/k/a “Ben,” Ronald Scott, a/k/a “Piper,” Earl Moore, James Harried, a/k/a “ Smiley,” Eric Ushery, a/k/a “E,” and Sherice Foster with participating in a conspiracy to distribute and possess with intent to distribute heroin, in violation of 21 U.S.C. § 846. The offense charged in this Indictment was committed were committed by members of, the BGF

in furtherance of, or racketeering enterprise.

Based on my training and experience, I know that narcotics traffickers often use codes when speaking on the telephone about their illegal activities, and, specifically, often speak in code about narcotics, quantities of narcotics, payments for narcotics, and the proceeds of narcotics-related transactions. Where I have described those conversations in this affidavit, I have done so only in substance and in part. Based on my training and experience and other investigation in this case, including other intercepted calls, I have included my interpretation of these calls in brackets and at the end of the summary of each call. 10

2

IV.

The BGF Criminal Enterprise A. Overview 17. As more fully described below, BGF is attempting to

take over the illegal drug trade at multiple locations in Baltimore, Maryland and is committing drug-related acts of violence as part of its continued efforts to expand its influence from inside the prison walls to the streets of Baltimore. The evidence obtained to date

has established that BGF is active in numerous prison facilities in Maryland, including, among others, North Branch Correctional

Institution (NBCI), Western Correctional Institution (WCI), Eastern Correctional Institution (ECI), Roxbury Correctional Institution (RCI), Maryland Correctional Institution – Jessup (MCIJ), Maryland Correctional Institution – Hagerstown (MCIH), Baltimore City

Correctional Center (BCCC), Metropolitan Transition Center (MTC), the Maryland Correctional Adjustment Center (MCAC), and the

Baltimore City Detention Center (BCDC).

The evidence further

indicates that individual members, who have been released from prison, have established regimes throughout Baltimore City. Each

section of the City functions as a regime, much like an individual prison facilities. Each area, like each prison, has a commander and a host of other positions or ranks, who report directly to a central authority. The entire BGF organization is then controlled by this

central command structure, who are responsible for authorizing BGF activities, including the collection of dues, the distribution of

11

drugs, and the authority to engage in acts of violence. 18. Some of the leaders and members of BGF on the streets of Baltimore, Maryland include, among others, the following: a. KIM McINTOSH, a/k/a “Bonita Kim,” a/k/a “Sister

Kim,” (hereinafter “McIntosh”) who is responsible for coordinating and overseeing BGF finance, overseeing the punishment of non

compliant BGF members and rival drug traffickers, and acts as a processing and distribution manager for heroin trafficking in

Baltimore, Maryland. An inquiry into McIntosh’s criminal history has revealed no arrests; b. TODD Duncan, a/k/a “Donnie,” a/k/a “Donnie

Duncan,” (hereinafter “Duncan” or “Donnie”) has been identified as the overall commander for BGF operations throughout the entire Baltimore metropolitan area. Duncan oversees and coordinates the

criminal activity attributed to BGF in the Baltimore metropolitan area. Duncan is the overall decision maker regarding BGF

activities.

An inquiry into Duncan’s criminal history has revealed

convictions for 1st degree murder and attempted murder; c. Lamont Crooks (hereinafter “Crooks”) has been

identified as a BGF affiliate, who is one of the heroin sources of supply for BGF and others in the Baltimore metropolitan area. An inquiry into Crooks criminal history has revealed convictions for assault with intent to murder and felon in possession of a handgun. Lamont Crooks is currently on federal supervised release after

12

serving a 46 months sentence for being a felon in possession of a firearm; d. ERIK SEANTAE USHRY, a/k/a "E," (hereinafter

“Ushery”) has been identified as a BGF affiliate who purchases large quantities of heroin from Crooks and utilizes McIntosh to mix and package the heroin. An inquiry into Ushry’s criminal history

revealed convictions for possession with the intent to distribute drugs; e. DUCONZE CHAMBERS, a/k/a “Duconze,” a/k/a “Ducon,” (hereinafter “Chambers”) has been identified as a high ranking BGF member who distributes heroin for Todd Duncan in the eastern portion of Baltimore City. An inquiry into Chambers criminal history

revealed convictions for assault with intent to murder and a handgun violation; f. RONALD SCOTT a/k/a "PIPER," (hereinafter “Scott” or “Piper”) has been identified as a member of BGF who assists Duncan with the distribution of heroin in Baltimore City. An

inquiry into Scott's criminal history has revealed no convictions; g. DAVON McFADDEN a/k/a "BEN," (hereinafter

“McFadden” or “Ben,”) has been identified as a high ranking BGF member who assists in the distribution of heroin for BGF. An

inquiry into McFadden's criminal history has revealed convictions for possession with the intent to distribute drugs and possession of a firearm;

13

h.

JAMES

HARRIED

a/k/a

"Smiley,"

(hereinafter

“Harried” or “Smiley”) has been identified as a high ranking BGF member who is responsible for investigating violations of BGF protocol. An inquiry into Harried's criminal history has revealed three convictions for possession with the intent to distribute drugs; i. JON DEVALLON BRICE a/k/a "Tiger Brice,” a/k/a

"Tiger," (hereinafter “Brice” or “Tiger”) has been identified as a drug trafficker in the Baltimore area. An inquiry into Brice's

criminal history has revealed convictions for attempted manufacture of a controlled substance and possession with the intent to

distribute drugs and two counts of drug possession; j. DEVON LAMONT CRAWFORD, a/k/a “Taterman,” has been identified as a hit-man for BGF who takes his orders from Duncan. An inquiry into Crawford’s criminal history revealed a conviction for second degree assault; and k. JERMAIN DAVIS a/k/a “Dirty Rice, a/k/a “Man”

(hereinafter “Davis”) has been identified as a BGF member who assists Duncan and McFadden in the sale of heroin in Baltimore. Davis was arrested during the execution of a search warrant at his home, where a quantity of heroin was recovered, on March 22, 2010. An inquiry into DAVIS’s criminal history has revealed two previous convictions for possession with the intent to distribute controlled substances, a conviction for second degree assault, and a separate

14

convictions for battery. B. INFORMATION PROVIDED BY CONFIDENTIAL SOURCES 1. 19. Confidential Source #1 During a series of debriefings between late November

2008 and January 2010, a reliable confidential informant CS1)3,who is presently incarcerated and is a high-ranking member of BGF, advised me and other investigators that BGF is a nationwide prison gang with a presence in every correctional institution in the country. CS1 related that he/she has been in various prisons

throughout the country and at each institution there has been a faction of BGF. CS1 related that BGF is violent both inside and

outside prison, but that historically BGF has not been wellorganized outside of prison. CS1 stated that currently, BGF is

attempting to change this within Baltimore, Maryland by becoming more organized and effective on the streets. a. 20. BGF Leadership

CS1 explained that within the prisons, BGF has a

group of individuals who are in leadership roles/positions of authority and that this leadership group is known as the “Supreme Bush.” All members, who are not in the Supreme Bush, are considered part of the regime. The only place Bush members hold rank is within The information provided by CS1 has consistently proven reliable and has been corroborated by independent investigation, and led, in part, to the identification and indictment of 23 BGF members and associates. CS1 continues to provide information in expectation of assistance with upcoming parole hearings. 15
3

the

correctional he

system; or she

once is

a

Bush a

member

is

no BGF

longer member.

incarcerated,

considered

regular

However, BGF members on the streets have taken on a new vision on how things should be handled. the unsealing of the 2009 CS1 explained that within months of Indictments, the structure and

organization of BGF began to change on the streets on Baltimore. 21. CS1 stated that Duncan has assumed the role as the

overall “city wide commander” of BGF on the streets of Baltimore. Assisting Duncan in this role is McIntosh, who is the “Field Marshall,” overseer of finance and one of the main “shot callers” throughout the Baltimore metropolitan area - additional members, including Chambers, “Commander of east Baltimore,” Thomas Burrell, “Commander of South Baltimore,” Gerimo, China Man, Greyling Chase, Tank Top, Bentley Dixon, a/k/a Benji, a/k/a Uncle Benji, and Matthew Talley, a/k/a Gene. 22. for a CS1 reported that Duncan works as a youth counselor organization, which he uses to conceal his

non-profit

involvement with BGF.

As BGF members are released from prison,

Duncan assists them in obtaining jobs which enables them to conceal their illegal activities associated with BGF from law enforcement. CS1 obtained Duncan’s office number, (410)752-8500, from other members of BGF. Duncan uses this number for BGF members to reach

him when he is not available by cellphone. b. Drug-Trafficking

16

23.

CS1 stated that drug trafficking both inside and

outside of prison is BGF’s primary means of making money, and is a significant part of BGF’s activities on the streets of Baltimore. CS1 stated that all violent crime, including murders, associated with BGF, is related to its drug-trafficking activities. CS1

explained that BGF will sell any drugs, but primarily traffics in cocaine and heroin. c. Acts of Violence/Extortion

24. CS1 stated that BGF is extremely violent, both inside and outside prison facilities, and is responsible for numerous crimes of violence and related crimes, including robbery, extortion, and murder for hire. 25. BGF leadership employs “Death Angels” or hitmen to CS1 related that only certain CS1 advised that

carry out murders on its behalf.

people know the identity of each “Death Angel.”

BGF will employ others to act as hitmen who may or may not be “Death Angels.” According to CS1, there are enough violent members of BGF

to carry out murders. 26. CS1 advised that BGF members are required to learn

and abide by a code of conduct for the gang, and that BGF members are periodically tested on their knowledge of the gang’s history and rules. Members who fail to demonstrate adequate familiarity with During

the gang’s history and rules are “sanctioned,” or beaten.

the executions of the previous search warrants after the 2009

17

Indictments, law enforcement recovered graded “tests,” from both jail cells and at least one location searched as part of the initial phase of the investigation. 27. CS1 reported that Eric Brown, indicted in the 2009

Indictments, published a book, "The Black Book – Empowering Black Families and Communities" (hereinafter the "Black Book"). According to CS1, Brown is purportedly distributing the book in order to disseminate BGF doctrine, but that the Black Book is a ploy by Brown to make BGF in Maryland appear to be a legitimate organization and not involved in criminal activity. CS1 advised that Brown remains a drug trafficker and that BGF funds its operations primarily by selling drugs. During the executions of the previous search

warrants, law enforcement recovered copies of the “Black Book.” 2. Confidential Source #2 28. During a series of debriefings, a confidential

informant (CS2)4, who is a high-ranking BGF member has provided information debriefings, regarding CS2 current the BGF activities. names During and these

provided

following

associated

telephone numbers: William Rhodes, a/k/a “Jim Dog” (410)500-3790, 165*496*11477; Robert Jones, a/k/a “Seattle” (443)563-6196,

(443)909-5711; Nugget 165*493*56; Thomas Burrell, a/k/a “Cochise” (410)690-2679; Bentley Dixon, a/k/a “Benji” (410)469-0682; Bird

CS2 is providing information in exchange for leniency with criminal charges. CS2's information has been corroborated to the extent possible and has proven accurate and reliable. 18

4

165*492*652;

Devon

Butler,

a/k/a

“Body

Target”

(410)297-3793;

Stanley Brunson, a/k/a “Crackaz” 164*1008*1537; Dave (410)961-7979, (443)623-6620, Dom (443)455-0904; Face (443)839-1556; Fase

183*935*41; Flatline (410)361-0386; Goat 164*1007*2346; (443)7179406; Hood 164*1014*4961; Jerry (443)623-1662; Jon Jon (410);7104692; Jr 165*497*1564; Kevin Moore (443)455-0322; Lil Ox

164*1014*5696; Lor Head (443) 790-4163; Mann (443)521-8210, Monkey 164*1007*13378; Pat 165*152156*1; Pimp (443)469-4433; Plak 164*10092709; Rob 165*496*13846; Roe Roe 165*499*14119; Shaheed

165*493*11925, (202)731-5686; Shorts 164*1010*13322, 165*500*221; Stevo 165*495*11003; Stizell 165*497*10563; Tank (443)500-2636; Tank Top 165*498*10290 (443)224-6253; Will (443)992-1992; Wise

165*498*11514; Harris (443)790-7657.

CS2 explained that BGF is

attempting to take control of the heroin sales in the McHenry and Calhoun Street area in Baltimore City. CS2 advised that William Rhodes, a/k/a Jim Dog, is a high ranking BGF member from South Baltimore, who is trafficking heroin along McHenry Street and Pennsylvania Avenue in Baltimore. CS2 stated that Rhodes had

recently been utilizing cellular telephone numbers (410)500-3790 and (443)869-7458 along with push to talk numbers 165*496*11477 and 164*1012*7032 to conduct his drug trafficking activities. CS2

stated that the heroin is currently being sold under the name “Def Jam.” According to CS2, a non BGF drug trafficker, identified only

as “Stizzel,” is Rhodes’s heroin trafficking competition in the

19

McHenry Street area.

CS2 explained that on November 16, 2009,

Rhodes advised that he wanted “Stizzel” either shot or a home invasion conducted at his stash location. 29. On November 13, 2009, CS2 was debriefed regarding BGF members operating in the southern portion of Baltimore City. CS2 stated that Thomas Burrell, a/k/a Gansta, a/k/a Cochise was

currently involved in heroin distribution and violence associated with his drug distribution. associates is Rhodes. CS2 According to CS2, one of Burrell’s BGF advised that Burrell was currently

utilizing cellular telephone number (410)690-2679 to conduct his day to day BGF activities. CS2 also advised that McIntosh was

controlling BGF finance throughout Baltimore. 30. enforcement On November 23, 2009, CS2 was debriefed by law regarding the BGF. CS2 advised that on

officials

November 20, 2009, he/she was summoned to attend a BGF meeting in Baltimore. Prior to the interview regarding the meeting, CS2

directed law enforcement to the location of the meeting, 1120 Homewood Avenue (SUBJECT PREMISE #1), the residence of McIntosh. CS2 was then debriefed on recent BGF activities. 31. CS2 advised that on Friday, November 20, 2009,

Bentley Dixon, a/k/a Benji was released from jail on a state drug charge. Shortly after being released, Dixon telephoned CS2 and

requested a meeting in the Westport area of Baltimore City. Upon arrival, CS2 advised that Dixon was speaking with Thomas Burrell.

20

CS2 advised that Dixon informed CS2 that Burrell and other BGF members had accused CS2 of stealing money from BGF finance. Dixon

explained to CS2 that Burrell had been contacted by McIntosh regarding the missing funds. 32. According to CS2, McIntosh was approached by a BGF

member, identified as “D,” who requested $500.00 from finance for the purchase of a handgun. McIntosh informed “D,” that there was According to CS2, “D”

not enough money available for his purchase.

became upset because he (“D”) and other unidentified BGF members, had been providing membership dues to CS2, which CS2 was suppose to give to central finance for these purposes. 33. CS2 advised that McIntosh and “D” attempted to In

contact CS2 regarding the missing funds, but were unsuccessful.

response to the unanswered call, CS2 explained that McIntosh, Kareem Randall, a/k/a Kareem, “D” and another BGF member, “J,” from Brooklyn, Maryland met with Antonio Davis, a/k/a Tank Top, regarding the missing funds. 34. According to CS2, a short time later, CS2 received a telephone call from Antonio Davis. Upon answering the call, Randall, using Davis’s phone, began yelling at CS2 about the missing funds. During the same call, CS2 stated that McIntosh retrieved the phone from Randall, identified herself and advised CS2 that there are some issues that needed to be discussed regarding finance. McIntosh told CS2 to speak with Duncan, and that Duncan would be waiting at E.

21

Preston Street and Greenmount Avenue in east Baltimore 35. CS2 said that he/she attempted to explain to Dixon

that he/she was not responsible for any misappropriation of BGF funds, but was advised that CS2 needed to explain things to Duncan. 36. CS2 stated that CS2 and Dixon responded to the area

of E. Preston Street and Greenmount Avenue. Upon their arrival, CS2 stated that he/she received an incoming call from BGF member “Twan” from telephone number (410)558-7338. CS2 advised that “Twan” is a

heroin trafficker, who sells heroin in the area of N. Monroe and Ramsey Streets. phone. CS2 realized, however, that Duncan was using the

Duncan instructed CS2 to respond to Homewood Avenue and Upon entering the block, CS2 observed BGF member

Biddle Street.

“Smiley” standing in front of 1120 Homewood Avenue, Subject Premise #1. 37. CS2 advised that Dixon, Smiley, and CS2 then entered Upon entering the

1120 Homewood Avenue, Subject Premise #1.

residence, CS2 observed approximately 30 BGF members both known and unknown to CS2, including Duncan, Smiley, McIntosh, Cutty, Kevin Moore, Kareem Randall, Gerimo, and Antonio Davis, seated and

surrounding a central chair in the living room area of 1120 Homewood Avenue, Subject Premise #1. 38. clear that In the center chair was Duncan.

As the meeting commenced, CS2 advised that it was CS2 and Dixon were being put on trial for

misappropriation of BGF funds.

CS2 said that Duncan asked if CS2

22

was operating a “renegade wolf pack” by refusing to follow BGF protocol. McIntosh then demanded to know whether CS2 had collected

money bound for finance, and whether or not CS2 told “D” that Burrell had sanctioned a “hit” on an individual known as Gutter. At that time, Duncan interjected and stopped the questioning. CS2

advised that Duncan, then pointed at Dixon and CS2 and asked if they knew of Duncan’s position in BGF. McIntosh then advised that Duncan had been voted, by high ranking BGF members, the new leader of BGF outside of the prison system. CS2 stated that Duncan then advised

CS2 that he/she had been charged with stealing money from BGF finance, and Dixon had been charged with knowing of the theft and not correcting the problem. CS2 then said Kevin Moore, Gerimo,

Smiley, and an unknown BGF member walked into the kitchen and began deliberating over the charges against CS2 and Dixon. CS2 said that

after several minutes the “four jurors” returned and whispered to Duncan. Immediately after speaking with the “jurors,” Duncan

advised CS2 that he/she had been found guilty of stealing money from BGF finance and was ordered to receive a two minute body beating from various BGF members. Duncan advised Dixon that he also had

been found guilty and was ordered to receive a twenty second body beating and was to be suspended from the BGF Bush for a period of six months. beatings. 39. After the punishment, the BGF meeting continued. CS2 CS2 advised that both CS2 and DIXON received their

23

advised, that among other things, McIntosh spoke about the need to have an individual identified as “Johnny Five” murdered for the killing of a BGF comrade. CS2 advised that Duncan inquired about

the status of Johnny Five’s murder at which time he was told by McIntosh that it was going to be taken care of by Burrell. McIntosh also spoke about the need to obtain additional guns to keep in stock for use by BGF members. 40. According to CS2, Duncan spoke of many BGF matters,

including the fact that he (Duncan) had implemented a “Defense Team,” led by Kareem Randall. Duncan advised that the “Defense

Team” is always to be on stand by in case they are needed for retaliation against anyone, who may interfere with BGF matters. Additionally, Duncan stated that he is in the process of meeting with Burrell to establish a second “Defense team.” CS2 stated that

toward the conclusion of the meeting, Duncan advised that all members in attendance needed to be aware that he (Duncan) has a source in the FBI that provides him with information. Duncan said

that if anyone learned of their meeting he would be able to determine who was leaking BGF information and would handle things accordingly. 41. During the latter part of the meeting, CS2 was provided by members in attendance with the telephone number (443) 712-3603, which is being utilized by McIntosh. Shortly thereafter,

CS2 advised that Dixon and CS2 were allowed to leave the meeting.

24

42.

At the conclusion of the interview, law enforcement

instructed CS2 to place a controlled telephone call to Thomas Burrell at telephone number (410)690-2679 to discuss the recent BGF meeting. During the conversation, Burrell and CS2 discussed the

meeting, including CS2's sanction. 43. Law enforcement then instructed CS2 to place a

controlled telephone call to “D” at (410)710-0299 to discuss the recent BGF meeting and the accusations by “D” regarding the theft of BGF funds by CS2. During the conversation, “D” acknowledged the

meeting and the accusations. 44. On December 4, 2009, CS2 was debriefed regarding CS2 advised that on December 3, 2009, CS2

recent BGF activities.

received a telephone call from BGF member, Brian Rainey, a/k/a Shahid, who advised that he was currently being held on a $5,000 cash bail stemming from a felony drug arrest, which occurred on November 19, 2009. During the conversation, Rainey requested that

CS2 place a telephone call to McIntosh at telephone number (443)7123603, and ask her for assistance in posting his bail. CS2 agreed to make the call. Ultimately,

A short time later, CS2 placed a non-

controlled telephone call to (443)712-3603, utilized by McIntosh. During the conversation, CS2 notified McIntosh of Rainey’s

situation.

McIntosh then advised CS2 that she would look into

Rainey’s bail situation. 3. Confidential Source #3

25

45. During the month of December 2009, CS35 was debriefed regarding his/her knowledge of the BGF. CS3 had notified law

enforcement that he/she is a well known and respected BGF member. Among other things, CS3 stated that BGF is the most violent drug gang operating in the state of Maryland. CS3 provided the following names and telephone numbers of active BGF members in Maryland, William Rhodes, a/k/a Thomas “Jim Dog” 165*496*11477, “Cochise” (443)869-7458, (410)690-2783;

164*1012*7032;

Burrell,

a/k/a

Gorilla Black (443)740-1838, Germo a/k/a “Jerimo” (443)858-0345; Gene, a/k/a Matthew Talley (443)277-7449; Corey (410)585-5405; Rodney Reaves, a/k/a “Hot Rod” (443)455-9544; Kareem, a/k/a Kareem Randall 165*500*4416, (410)485-1823; Mack (443)602-1710, Anthony Banks, a/k/a “Nugget” 165*493*56, (443)891-4044; Ralf (410)08581039; Rambo 164*1011*8878; Stink 165*503*381; Stizill 165*497*10563; 165*495*11003, 165*1007*15265; Antonio Davis, a/k/a “Tank Top” (443)398-1790, (410)209-0669; Kimberly McIntosh, a/k/a “Sister Kim” (443)712-3603; Abron Scott, a/k/a “Tink” (443)398-1790, (410)2090669; Robert Loney, a/k/a “Looney” (410)500-7260; Mike Beatty, a/k/a “Mike B” (443)220-7625; Reds (443)320-6641; and Skebo (443)540-3263. 46. debriefed CS3 On December 15, 2009, law enforcement officials regarding current BGF activities. During the

debriefing CS3 advised, among other things that he/she could meet

CS3 is providing information in exchange for leniency with criminal charges. CS3's information has been corroborated to the extent possible and has proven accurate and reliable. 26

5

in person with McIntosh regarding BGF protocol and the gangs drug trafficking activities. CS3 advised that McIntosh is the highest CS3 advised that McIntosh

ranking female BGF member in Maryland.

utilized cellular telephone number (443)712-3603, to conduct her drug trafficking business. 47. On December 15, 2009, at approximately 12:06 p.m.,

law enforcement officials transported CS3 to Total Health Care located at 1501 Division Street, McIntosh’s place of employment. CS3 was equipped with a recording device to capture the conversation with McIntosh. meet with During the meeting, law enforcement observed CS3 near the front of the building. At the

McIntosh

conclusion of the meeting, CS3 met with law enforcement officials and advised that McIntosh agreed to obtain three (3) grams of heroin for CS3 later that evening. At approximately 4:10 p.m.,

investigators again met with CS3 and searched his/her person and vehicle for the impending drug transaction. Both CS3’s person and At approximately

vehicle were found to be free of any contraband.

4:50 p.m., CS3 placed a controlled and recorded telephone call to McIntosh at telephone number (443)712-3603. During the brief

conversation, CS3 agreed to drive McIntosh home from work. Shortly thereafter, law enforcement followed CS3 to a community market located on Pennsylvania Avenue, a short distance from Total Health Care. Agents and officers then followed CS3 and McIntosh to her

residence, 1120 Homewood Avenue, Subject Premise #1, where both were

27

observed to enter the location. 48. Upon entering the residence, McIntosh began a

conversation that lasted over one (1) hour. was equipped with a recording among device

During this time, CS3 transmitter. drug The

and

conversation

involved,

other

things,

trafficking

including McIntosh’s willingness and ability to mix/process heroin for BGF members and affiliates, shootings and violent acts

associated with drug trafficking, including the threat of violence toward law enforcement cooperators. As the conversation commenced, McIntosh asked CS3, “Are you ready for your grams now?” responded, “Fuck yeah, I’m ready whenever.” A more CS3 casual

conversation then ensued.

CS3 asked, “Hey you know what I forgot

to ask you.” McIntosh answered, “What?” CS3 continued, “You already got the mix?” McIntosh answered, “Um, hum. I don’t know how many I think I bought a new thing but I, you know, I You know I I’ll check

caps I got left.

be doing this for somebody else and he always get me. do his thing for him and he don’t never have the things. upstairs, I should have some though.

At least I can put it and you

can just tomorrow.” McIntosh then placed an outgoing telephone call, which is overheard on CS3's recording device. answered, McIntosh said, “Hey, how you?” As the call is

An individual, later

identified as Lamont Crooks responded, “What’s happening?” McIntosh responded, “I’m trying to see you.” Crooks continued, “Oh yeah.”

McIntosh asked, “You in the hood?” Crooks answered, “Yeah, yeah I’m

28

in the hood.” o’clock?”

McIntosh asked, “Alright, could you see me about six McIntosh asked, “You remember

Crooks answered, “Yeah.”

the six o’clock thing?” Crooks answered, “Yeah, yeah.” 49. A subsequent review of the pen register on (443)712-

3603, McIntosh’s Cellphone, revealed a call during the date and time of this portion of the conversation to (443)703-6325, the Crooks Cellphone. 50. McIntosh and CS3 then continued their conversation CS3 asked whether McIntosh

regarding BGF activities and drug trafficking.

McIntosh was supplementing her income with drug proceeds. advised, “Yeah I been doing something, a little

something.”

McIntosh explained that a BGF member “Hot Rod,” a/k/a Rodney Reaves, had recently been arrested and that their has been some in fighting between certain BGF members that should not have occurred. McIntosh explained that some of the fighting had resulted in murder, to include “Ant.” McIntosh explained that some BGF members thought McIntosh

that Ant was a “rat” but she did not believe it.

explained, “And then in the next sentence you see how EB and UNC and RAINBOW6 and all them just came home. And then on that indictment

shit you see how EB was fucking Vernon girl (a reference to Tomeka Harris, who was charged and has pled guilty in the 2009 Indictments)

These individuals, EB (Eric Brown); UNC (Uncle Ray, Ray Olivis); and Rainbow (Rainbow Williams) were indicted in the 2009 Indictments involving the BGF and its smuggling of drugs into and control of the Maryland prison system. 29

6

and Vernon and Ant was best friends.

Something seem real, real

shakey with that. Something seem real, real shakey with that. Like maybe, Ant was saying some shit that he didn’t like and maybe was going back to Vernon telling him. Or it was a, he might have been

a threat now cause he witnessing shit that really ain’t right and they got rid of him. I don’t even know.” CS3 asked, “The thing is

who made that call?” McIntosh answered, “I don’t know. Like I said when Rainbow came home, see now I don’t got no more gel caps, damn, when Rainbow came home “Donnie”(a reference to Duncan) kind of allowed him to kind of…” CS3 continued, “Take over.” McIntosh

continued, “Something like that, something like that.” CS3 advised, “Yeah, but the thing is, you know we have to see it in black and white.” McIntosh responded, “Yep.” CS3 continued, “You can’t go McIntosh advised, “Yeah, we

off of what somebody says, you can’t.” should be good.

You just gonna have to cap it up (a reference to Yeah I ain’t like that. Cause like I said, one

packaging heroin).

minute he here and he in extremely good standing and the next minute he was out of there and, and right before they killed him he disciplined somebody and the person deserved to get disciplined. The boy said fuck J7. That’s that west situation and they beat the

Based upon my investigation into BGF, J is a reference to Jamaa. Jamaa is a Swahili term for family and is used primarily by BGF members interchangeably with other monikers to describe BGF. For example, in conversation BGF members will say that “he is ‘J’,” meaning the individual is a member of the “family.” The family is the Black Guerilla Family (BGF). So the individual is a member of their criminal enterprise. 30

7

shit out of him. father.

Dre had a fit because that’s his cousin’s baby’s So he gets to say fuck J (BGF), gets

I don’t give a fuck.

to sit in the car right it’s two weeks later, say fuck J (BGF) one time, get beat for it. Two weeks later sit in the car let his

homeboy kill a comrade, shoot a comrade five times in the back. You strapped (armed) and don’t do shit about it. Then come to a

meeting a week after that and say do we really have to harm a civilian, cause that’s my homeboy. meetings. They is all sitting at these

I swear if I was at that meeting I’d a probably tried to

fuck him up right then and there and Dre still talking about oh that’s my, he’s a good brother. shit. That’s my cuz. I don’t give a

He the one that went back to Uncle Ray telling people, No that wasn’t for

telling him I’m beating people for no reason. no reason.”

CS3 responded, “Yeah, I heard, I remember when he was

down the pen because, I’m trying to think, me and another comrade was talking about you and Ray Ray8, Ray Ray asked me about you. I

said that’s, man that’s the best comrade I ever met with me in my life.” McIntosh responded, “I know he was probably disappointed

that you said that.” CS3 continued, “Right, so he was like what she be doing. I said Sis (a reference to Sister Kim, a/k/a McIntosh) Unless you jump out there, jump out there,

is laid back you know. Sis is laid back.

I didn’t know that’s why he was asking me.”

Ray Ray, is a reference to Uncle Ray, or Ray Olivis, see note 6. 31

8

McIntosh responded, “That’s why he was asking. people for no reason.

He said I, I beat

I’m abusing my authority and I’m on that. I’m in hiding,

I stole forty seven thousand dollars from finance. can’t go nowhere. Can’t no brothers find me.

Cutty had his little

part in spreading the rumor to.

When he came home they brought him

to me. Donnie (Duncan) done brought him to me and he said, at first he said he ain’t never said none of that. I’m like ok Cutty, so if

I get ten brothers that was on the tier with you, that all came home and looked at me like I was crazy cause I was walking down the Avenue embracing brothers, you gonna call them a liar. ain’t saying that I didn’t say it. Well no I

What I’m saying is if I said it Since

I was just passing along something that somebody said to me. when do we do that without verification?

But ok, figuring out all

the other brothers who had this idea and came home and found out it wasn’t true. When I asked them where they got it from they said So if you didn’t originate it then where did

they got it from you. you get it from?

Oh I don’t remember. And Donnie (Duncan) and them I don’t remember. Ok, ok well I didn’t

just let it go like that. steal no, no money. yeah, yeah.

I’m, I’m, I’m still here. I’m not in hiding They

I think they did that, they suspended me.

suspended me right and I think they real goal was, cause at first when they suspended me they didn’t have a reason. suspend people without a reason? a reason. Since when do we

Oh, no they still can’t give me

Cause they’ve invested every, investigated every avenue.

32

Turned over every rock, every stone, every decision I’ve ever made was brought into question and I passed every single one of them. So like a few weeks later they was like ok you can go ahead and resume your position. Well before I do that can you just let me Oh I’m going to get back to you on

know what I was suspended for? that.”

CS3 responded, “That’s supposed, that’s supposed to come

first.” McIntosh continued, “You not gonna take your position, your not gonna take your position back? Yeah, I’m gonna take it as soon

as you all give me my charge papers so I can show people that I was actually you know, cleared. want us to tell her? Well Rainbow asked Uncle Ray what you CS3 asked,

Tell her it was administrative.”

“So what’s that supposed to mean?”

McIntosh answered, “That means

he got to do what the fuck he want to do cause he brought it here from Cali9. That’s why I found out that Doc is alive. That’s why

I found out that Doc is alive, that they lied. You hear me Doc loves me.

And Doc10 loves me.

Like he, he knows my mind from the little

bit that he done read and I ain’t even feed him a whole lot yet. I ain’t, I still ain’t even tell him I’m J (BGF). I think he know

Through my investigation, I have learned that Ray Olivis, a/k/a UNC, a/k/a UNCLE RAY, a/k/a RAY RAY was authorized to open BGF in the State of Maryland prison system in the mid 1990's by the California factions of BGF after Olivis served a prison sentence in California. Doc is a reference to Doc Holiday, a/k/a James Herold Holiday, who is currently incarcerated in Florence, Colorado. Holiday was one of the founding member of BGF in California in the 1960's. 33
10

9

now though. sister.

Cause in the last letter he wrote Kim and he put past

So I think he know and then like I said he said I risen

from the grave before and then it said watch out for the ones from on this side or from your side.” McIntosh then received an incoming telephone call. McIntosh answered the call and said, “Hello. Hey No I’m home. Yep, I got a ride.

E. I been, I don’t know, hiding.

Was you, you know what I just called yo too. problem. Ok, alright.”

Oh he’s gonna, ok, no

McIntosh completed the call and returned

to her conversation with CS3. McIntosh advised, “That’s so funny, yo would have been coming to my house anyway. been coming to my house anyway. The dude would have

That, the other dude that I whip

up (process heroin) for he um must have just called him himself. Gonna meet him here. taking it down huh?” Ain’t that funny?” CS3 responded, “Yo, yo be

McIntosh answered, “Yeah he…” CS3 continued, It’s You

“It must be good...,” McIntosh continued, “…Yeah it’s decent. decent. It’s better than what most of the people out here got.

know people ain’t having nothing that you can put higher than a three (a ratio of cutting agent to heroin). It really has been (a ratio

real, people putting their shit on a two, two and a half

of cutting agent to heroin) and just getting a medium reading.” McIntosh explained that drug traffickers other than herself have been mixing their heroin with “codeine with the oxy codeine” which doesn’t turn out to be of good quality. The conversation continued

between McIntosh and CS3 regarding different types of cutting agents

34

used by heroin traffickers. 51. A subsequent review of the pen register on (443)712-

3603, McIntosh’s Cellphone, revealed a call during the time and date of this portion of the conversation incoming from (443)378-0318 subscribed to Erik Ushry at Irvine, California, 200 N Patterson Park Avenue, Baltimore, Maryland. The call was listed as incoming at

5:55:20 p.m., and lasted 41 seconds. At the completion of the call, McIntosh identified the caller to CS3 as “E,” one of the individuals that she mixes and cuts heroin. 52. On December 15, 2009, at approximately 5:58 p.m., TFO Benson and other surveillance officers observed a dark colored Buick bearing Maryland registration 2FM V79 park in front of 1120 Homewood Avenue, Subject Premise #1. TFO Benson observed a heavy set black

male, approximately 6’ 4” in height exit the Buick and entered 1120 Homewood Avenue. A query of the Maryland Motor Vehicle

Administration (MVA) revealed the vehicle to be registered to Erick Seantae Ushry, B/M, 6’ 4”, 300 lbs, with a date of birth (DOB) of 04/22/1984, and an address of 1207 Greenmount Avenue, Baltimore, Maryland. TFO Benson and other surveillance officers were later

shown a photograph of Erik Ushry and positively identified the driver of the Buick as Ushry. residence, McIntosh, Ushry After Ushry’s arrival at McIntosh’s and CS3 engaged in drug related

conversation.

McIntosh initially advised that they needed to go to

a separate location in the house because “Lamont” was going to be

35

coming.

At approximately 6:18 p.m., TFO Benson observed a white

Dodge Charger bearing Alabama registration 47L78L8 park in front of 1120 Homewood Avenue, Subject Premise #1. A few minutes later, the

passenger exited the vehicle and entered 1120 Homewood Avenue. During the same time frame, McIntosh received an incoming call. A

review of the pen register over (443)712-3603 revealed the incoming call at 6:18:56 from (443)703-6325, the Crooks Cellphone. During

the telephone conversation McIntosh said, “Hello. Oh come on in.” Crooks then enters the residence and greets McIntosh, Ushry and CS3, who was still wearing the recording device. Crooks tells McIntosh, McIntosh asked, “You As the

“I’m gonna need a, a bag to put the grams in.” need a scale too?”

Crooks responds, “No, I got a scale.”

conversation continues Crooks advises the group, “…Something mean supposed to be coming. waiting. Yeah man they uh, uh the only thing I’m

Cause I told you I took a loss (unintelligible) with the But they supposed to straighten half of it. Cause we

last thing.

took like a hundred ninety thousand dollar loss and they supposed to straighten it. So I don’t know how long (unintelligible) half

but if I get like seventeen and my money back and they supposed to send something with it. supposed to have been. pure.” You know what I’m saying? They said it

It’s coming out of Chicago and that shit Ushry advised that the

As the conversation continues,

heroin he has been getting from Crooks has been of good quality. At approximately 6:25 p.m., TFO Benson observed Ushry exit Subject

36

Premise

#1,

enter

the

Buick

and

depart

the

area.

Shortly

thereafter, TFO Benson observed Crooks exit 1120 Homewood Avenue, enter the white Dodge Charger and depart the area. At approximately 7:16 p.m., surveillance officers observed CS3 exit 1120 Homewood Avenue, Subject Premise 1, and depart the area with surveillance officers following. CS3 was followed to a neutral location and

relinquished the quantity of heroin purchased from McIntosh and Crooks. Both CS3’s vehicle and person were again searched and found to free from any contraband. 53. During a subsequent debriefing, CS3 identified the CS3 was

source who delivered the heroin for McIntosh as Lamont.

shown several photographs and identified Lamont Crooks as the heroin source of supply. CS3 also stated that the five grams of heroin

were purchased at a price of four hundred dollars which had been provided by law enforcement. CS3 advised that once Crooks arrived

he provided one gram of heroin to McIntosh, and twenty grams to Ushry. The CS advised that Crooks had stated that he obtained his

heroin source of supply when he (Crooks) and the source were incarcerated According to together Crooks, in a federal heroin correctional source was institution. from Boston,

the

Massachusetts.

CS3 also advised that Crooks had lost one hundred

and nine thousand dollars during a recent heroin purchase, but that he and his source of supply were going to split the loss. 54. On December 16, 2009, at approximately 1:10 p.m., law

37

enforcement investigators again met with CS3 to place a controlled call to McIntosh over (443)712-3603. presence of law enforcement and The call was placed in the was recorded. During the

conversation, CS3 asked McIntosh for a contact number for Crooks. McIntosh told CS3 that she needed to obtain the number from her phone and would call right back. At approximately 1:12 p.m., CS3 During

received an incoming call from McIntosh over (443)712-3603.

the brief conversation, McIntosh provided CS3 with telephone number (443)703-6325, the Crooks Cellphone, but advised that Crooks may want CS3 to conduct any drug transactions through her. 55. On December 21, 2009, investigators again met with At approximately 4:29 p.m., A few

CS3 to purchase heroin from McIntosh.

CS3 called (443)712-3603, and left a message for McIntosh.

moments later, CS3 spoke with McIntosh over the push to talk feature of (443)712-3603. During the brief conversation, CS3 advised, “Hey McIntosh responded, “Ok, um give me a CS3 asked, “Alright, is um

um, I need to see you.”

little while I’m gonna hit you back.” my man ready?”

McIntosh answered, “Um, I don’t know. I can check

on that now.” CS3 asked, “Alright how long you, you talking? Cause I got to go back and pick my mom up.” don’t know. Let me make a call.” McIntosh answered, “Um, I

CS3 responded, “Alright hit me

right back.” McIntosh continued, “Ok, what was you talking anyway?” CS3 answered, “Uh ten” (a reference to grams of heroin). responded, “Ok.” McIntosh

At approximately 4:34 p.m., McIntosh called CS3

38

and advised that everything was ready to go. 56. A subsequent review of the pen register over the

(443)712-3603 revealed an outgoing call to the Crooks Cellphone at 4:33:36 p.m., seconds prior to the return call to CS3 from McIntosh. 57. On December 21, 2009, law enforcement investigators

searched CS3 and the CS’s vehicle and found them free of any contraband. CS3 was then provided with a recording device and eight hundred dollars in government funds for the purpose of a controlled purchase of ten grams of heroin from McIntosh. Investigators

followed CS3 to 1120 Homewood Avenue, Subject Premise #1, the home of McIntosh. CS3 was observed to arrive at the residence at Within minutes of CS3's arrival, McIntosh McIntosh asked, “Hey Ok what

approximately 4:58 p.m.

placed an outgoing call over (443)712-3603. can you come through? time is it now?

You know how long that’s gonna be?

Ok, ok I’ll let him know.”

McIntosh then told CS3, It’s gonna be six.”

“He said he gotta wait until the girl get off.

CS3 advised that he/she would return to McIntosh’s residence after six o’clock. As the conversation continued, McIntosh asked, “Did

you just want to leave your um thing, in case he come through?” CS3 advised that he/she would hold the money in case CS3 did not return that evening. A short time later, CS3 exited 1120 Homewood Avenue, CS3 returned the official

and was followed to a secure location.

funds and stated that McIntosh was waiting for Crooks to arrive with the heroin after 6:00 p.m.

39

58.

A review of the pen register over (443)712-3603

revealed an outgoing call to the Crooks Cellphone at 5:00:30 p.m., which lasted 42 seconds. 59. On December 21, 2009, at approximately 6:24 p.m.,

surveillance officers observed a four door Acura bearing Maryland registration 7EX Y82 park near 1120 Homewood Avenue, Subject Premise #1. Shortly thereafter, two unidentified males exited the vehicle and entered the residence. At approximately 6:30 p.m., surveillance officers observed the two unidentified males exit the dwelling and engage in a conversation with McIntosh, who was standing in the doorway. A few minutes later both males entered the Acura and departed the area. A query of Maryland MVA revealed registration

7EX Y82 registered to a 2002 four door Acura registered to Davon Jerome McFadden, DOB: 01/07/1986 at 2004 E. Baltimore Street, Baltimore, Maryland 21231, SUBJECT PREMISE #5. At approximately

7:47 p.m., law enforcement officials again met with CS3 for the purpose of a heroin purchase from McIntosh. CS3 and the CS vehicle CS3 was

were again searched and found free of any contraband.

provided with eight hundred dollars in government funds and was equipped with a recording device. to 1120 Homewood Avenue, Investigators then followed CS3 Premise #1, arriving at

Subject

approximately 7:55 p.m.

Minutes after CS3's arrival, McIntosh McIntosh explained that she was

asked, “You wanted ten right?”

running out of minutes on (443)712-3603, but would replenish them

40

later in the evening.

As the conversation continued, McIntosh

explained that she needed to obtain a new supply of “cut” and would not be able to mix the heroin for CS3. CS3 asked where he/she could

obtain cutting agent and McIntosh stated, “They say Old Town Mall. I know that’s where I get my, my vials from sometimes. It, down But

there the vials are thirty, you get seven hundred for thirty.

downtown you get five hundred for twenty and the cut, like I, they said today that they got it down there. that’s a hundred dollars, you know.” I can get it tomorrow but

At approximately 8:17 p.m.,

surveillance officers observed CS3 exit the residence and proceed out of the area. Investigators followed CS3 to a secure location

where CS3 relinquished a quantity of heroin purchased from McIntosh. CS3’s person and vehicle were again searched and found to be free from contraband. 60. A subsequent review of the pen register over

(443)712-3603 revealed two outgoing calls and one incoming call to the Crooks Cellphone minutes after CS3 left McIntosh’s residence. 61. On January 11, 2010, law enforcement investigators

debriefed CS3 regarding the current activities of McIntosh and the BGF. CS3 advised that currently he/she could not reach McIntosh

over the telephone but could speak with her at her place of employment. Law enforcement officials then transported CS3 to CS3 was

McIntosh’s place of employment at Total Health Care.

equipped with a recording device and instructed to meet with

41

McIntosh. The following is a portion of the conversation between McIntosh and CS3: McIntosh asked, “Did JIM (a reference to Rhodes) CS3 responded, “Fuck no. He gave

ever get you a tone [firearm]?”

me the runaround, kept sending me down south fucking Baltimore.” McIntosh continued, “And I ain’t like that. You know why I didn’t

like that? Because Five (a reference to James Harris a/k/a Johnny Five, a rival of BGF) is down there and you know him and Five be in cahoots from time to time.” And you know he sent you, that’s why McIntosh explained that if “Five”

I said, where did he send you?

knows that a “comrade11” is in his drug trafficking area then he would assume that the BGF member is there looking to cause him harm. McIntosh explained that Harris would immediately inflict harm on anyone he believes may cause him harm. McIntosh explained that

Rhodes has continued to have dealings with Harris even though, “There’s been a green light out on yo since the beginning” (a reference to an ordered murder of Harris by BGF). According to

McIntosh, Harris is responsible for the murder of a BGF member causing BGF to order his death. McIntosh explained that it was

wrong for Rhodes to not advise CS3 of the ongoing problems with Harris. McIntosh said, “You need to go holler at Donnie (Duncan),

Cause see Jim (Rhodes) just put himself on the fucking block (a reference to being sanctioned for not following BGF protocol).

Comrade is a term used by BGF members to describe other members or address each other, for example, “he’s a good comrade” [he’s a respected member of BGF]. 42

11

Cause if he did something, he robbed somebody who he shouldn’t have robbed and it was really a misunderstanding. You know as where if

he would have came to the table it could have just got clarified. He, he could have said oh I did get um, clearance [from the BGF hierarchy]. I did try to find out if yo was that [a member of BGF] and he said he wasn’t and they would have dealt with it in a whole other way. meetings). show up. Yo ain’t even showing up (a reference to attending BGF He on the run from Donnie (Duncan) and them. He won’t come. He won’t

He won’t call. Donnie and them want to

know where he live.

McIntosh continued that she knows that the

mother of Rhodes lives near Washington Boulevard, but she was unsure of where Rhodes is staying. McIntosh explained that Rhodes is keeping a low profile and not being loyal to “J” (BGF). 62. a new number?” As the conversation, continued CS3 asked, “You got McIntosh responded, “I got to get a new number.

They just made me back secretary (a rank within the BGF hierarchy, specifically overseer of the organization’s finance).” “You got my number right?” CS3 asked, They

McIntosh responded, “Yeah, yep.

just made me back secretary too.

So I’m gonna be getting me a J

(BGF) phone and I’m gonna get back all my little contacts and they gave me the, a few other little areas (a reference to areas controlled by BGF) that I, I get to deal with now.” The

conversation continued regarding activities being conducted by BGF members. McIntosh advised that CS3 needed to go in person and

43

explain to Duncan the problem CS3 has been having with Rhodes. 63. officials On January 12, 2010, CS3 met with law enforcement the BGF. During the debriefing, at

regarding

approximately 2:39 p.m., CS3 placed a controlled call to McIntosh at Total Health Care. Upon reaching McIntosh, CS3 was told to

immediately respond to her job because she needed to show CS3 something. Shortly thereafter, CS3 was equipped with a recording

device and followed to Total Health Care located at 1501 Division Street. At approximately 3:01 p.m., CS3 arrived at McIntosh’s place of employment and entered the building. During this time, law

enforcement investigators learned that there had been a shooting near Total Health Care. A further inquiry revealed, Marc Antonio

Jackson had been arrested and charged with the attempted 1st degree murder of Brandon Walker early on January 12, 2010. The location

of the shooting was listed as 500 Sanford Place, a short distance from Total Health Care. At approximately 3:13 p.m., surveillance

officers observed McIntosh and CS3 exit the building and engage in a conversation. During the conversation, McIntosh explained that McIntosh explained that

the shooting of Walker was BGF related.

within the last month the victim, Walker, had a verbal altercation with Jackson, the shooting suspect, identified by McIntosh as “Mark.” McIntosh explained that Mark had said to her that the next

time he sees the victim he is going to “burn him up” (a reference to shooting the victim). As the conversation continued, CS3 and

44

McIntosh switched back and forth between the shooting and CS3’s ongoing problem with Rhodes. needed to address the McIntosh ultimately agreed that CS3 At

problem with Duncan and Chambers.

approximately 3:16 p.m., surveillance officers observed Kareem Randall exit a white van, which had stopped near Total Health Care, and approach CS3 and McIntosh. conversation. The three then engaged in a brief

During the conversation, Randall advised that the Shortly thereafter, Randall

“feds” were parked near the corner.

walked toward a gold Toyota 2 door bearing Maryland registration 6BZV83, which was parked at the corner of Pennsylvania Avenue and Mosher Street, while McIntosh and CS3 continued their conversation. At approximately 3:21 p.m., McIntosh returned to the building as CS3 walked toward the gold Toyota. At approximately 3:23 p.m., officers observed Randall exit the passenger’s side of the Toyota and engage in a conversation with CS3. During the conversation, CS3 told Randall advised,

Randall that he/she needed to obtain a handgun.

“We just lost mother fucking seven [because of the shooting that had just occurred].” CS3 acknowledged the shooting as Randall

continued, “Yeah we had seven guns up there yo.”

Randall then

explained that he needed to advise “Jim Dog” (a reference to Rhodes) about the loss of the guns. Randall ultimately advised CS3 that

because of their loss he (Randall) could not provide CS3 with a handgun. At approximately 3:26 p.m., the meeting between Randall A few minutes later, CS3 entered the CS vehicle

and CS3 concluded.

45

and was followed by law enforcement back to the DEA office.

At

approximately 3:52 p.m., shortly after arriving at the DEA office, CS3 received an incoming push to talk call from Randall. Due to the unexpected activation by Randall, law enforcement was unable to record the conversation. The conversation was, however, transmitted over the speaker portion of CS3’S phone, which enabled agents to hear the conversation. During the brief conversation, Randall CS3 countered

asked, in a heated manner, CS3’s current location. and asked Randall’s current location.

Investigators then heard an

unidentified male in the background whisper to Randall, “No, you ask where he’s at?” near a hotel. Randall then asked CS3 if he/she was at a building CS3 advised that he/she was currently downtown near Randall then abruptly advised that he

the Downtown Locker Room. would call CS3 later. the location of the

Based on the nature of the questioning and DEA building adjacent to a hotel, law

enforcement believed that a BGF associate of Randall’s observed CS3 enter the DEA building. At approximately 4:23 p.m., law enforcement unsuccessfully had CS3 call McIntosh to clarify the questioning by Randall. 64. A few days after the conversation with Randall, CS3 During the brief conversation

met McIntosh at Total Health Care.

with McIntosh, McIntosh avoided conversation related to BGF and/or criminal activity, and instructed CS3 to enter rehab and get his/her life together.

46

4. 65.

Confidential Source #4 After the 2009 Indictment, and at various times

including August 5, 2009, law enforcement debriefed a confidential source (CS4).12 CS4 is a high-ranking member of the BGF, and a

contributor to the Black Book. 66. CS4 described BGF’s efforts to appear to be a According to CS4, the Black Book, which

legitimate organization.

was the brain child of Eric Brown was to “make [BGF] look like a legitimate organization.” Brown and other high-ranking members of

BGF hoped that by using BGF’s control over the prison system, the BGF could control violence in the institution and continue to enrich themselves through the prison economy (smuggling contraband). CS4

indicated that Brown was able to convince several community leaders including former Federal Bureau of Investigation agent Dr. Tyrone Powers, Dr. Andre Bundley, a former mayoral candidate, and Bridget Alston-Smith, who operated a non-profit organization called Partners in Progress, of the message contained in the Black Book. These

individuals began assisting Eric Brown in teaching in prison the BGF and other prison gangs, the message of the Black Book. According

to CS4, Brown and other members hoped that, much in the same way BGF controlled prison violence through subtle coercion, control of the

CS4 is providing information in exchange for protection by law enforcement from the BGF, who believe he/she is/was a confidential source. CS4's information has proved accurate and has been corroborated to the extent possible. 47

12

prison economy, extortion, and retaliation, members on the street could control the violence in Baltimore City. According to CS4,

this would have the effect of legitimizing BGF, allow the enterprise to continue to earn money through drug trafficking, and taxing of others trafficking in drugs, as well as providing legitimate highpaying jobs to high-ranking members of BGF funded by various government grants. 5. 67. source of Source of Information #1 On December 28, 2009, DEA investigators interviewed #1, hereafter referred to as SOI #113.

information

According to SOI #1, he/she has had close interaction with many high level drug traffickers and BGF members in Baltimore to include McIntosh, Duncan, Chambers, Henry Giles, Piper, Taterman, a/k/a Devon Crawford, and Gerimo. SOI #1 said that all of these

individuals are involved in drug trafficking and violent activities attributed to BGF. Regarding violence, SOI #1 identified Taterman SOI #1 also identified Kool Aid as involved in acts of violence.

as a “hit man” for Duncan. partner with Taterman and

Additionally, SOI #1 provided the following telephone numbers for active BGF members in Baltimore, Todd Duncan, a/k/a, “Donnie” cellular (410)559-5750, office (410)752-8500 and 8501; Bunchy

SOI #1 is providing information because the violence associated with BGF has gotten out of control, and SOI #1 feels that he/she is in a position to assist law enforcement. SOI #1's information has been corroborated to the extent possible and has proven accurate and reliable. 48

13

(443)676-5412; Stacey Smith (443)927-4360; Lamont (410)599-8150; Mia Wilson (410)350-4118; Duconze Chambers (443)378-1737; Piper

(410)599-8350; Nathan Barksdale, a/k/a “Bodie” (443)766-2380 and (443)467-7222; Dirty Rice, a/k/a “Man” (410)783-1853, (410)539-1618, (410)736-9634; a female correctional officer (443)630-7672; Kool Aid (443)453-1394; Taterman (443)850-1780, and Marty (443)865-7335. 68. According to SOI #1, Duncan and Kimberly Mayfield

Jones, known to law enforcement as McIntosh are the leaders of BGF on the streets of Baltimore. SOI #1 advised that both Duncan and

McIntosh report to Uncle Ray, a/k/a Ray Olivis, who is currently housed in the Maryland Correctional and Adjustment Center (MCAC) on federal charges (the 2009 Indictments). According to SOI #1, Duncan currently works as a youth counselor in Baltimore for a non-profit organization called COIL. However, SOI #1 advised that Duncan makes his money by selling heroin in the area of Greenmount Avenue and E. Preston Street. Persons who assist Duncan in his heroin business SOI

were identified by SOI #1 as Chambers, Piper and Henry Giles.

#1 explained that as recently as the middle of December 2009, Duncan and Chambers were supplied 300 grams of heroin from Terry Johnson. According to SOI #1, Duncan and Chambers began receiving the heroin after Duncan’s cousin D-Nice, a/k/a Darnell Gray, was murdered by associates of Johnson. SOI #1 said that Johnson is not charging

Duncan for the heroin because he believes that as long as Duncan receives the heroin, Duncan and or his associates will not retaliate

49

against Johnson for the murder of Duncan’s cousin.

SOI #1 stated

that Duncan and his associates are extremely violent and will ultimately murder Johnson. A query of law enforcement databases

revealed that Darnell Gray, a/k/a “D-Nice,” was murdered on December 16, 2009. 69. During the course of the interview, SOI #1 advised

that he/she could place telephone calls to members of the BGF. Specifically, SOI #1 advised that telephone calls could be made to Chambers, Piper, Nathan Barksdale, a/k/a “Bodie,” and Dirty Rice, a/k/a “Man.” 70. On December 28, 2009. at approximately 6:03 p.m., SOI #1 placed an outgoing consensually monitored telephone call to Chambers over the Chambers Cellphone. SOI #1 placed the cellular During the

telephone on speaker mode for investigators to monitor.

conversation, Chambers advised that he has been selling “shit” (a reference to heroin) for Donnie (Duncan). Chambers stated he was,

“helping him out so they could make something (a reference to money).” SOI #1 advised that Chambers should not trust Donnie, “because he is doing some cruddy shit.” “Donnie is alright.” Chambers responded that,

SOI #1 then brought up the recent murder of

D-Nice, stating that, “Donnie may have been given the 300 (a reference to 300 grams of heroin), but he’s going to steal what they have and kill them boys anyway.” SOI #1 stated that Chambers goes Chambers stated, he

along with it because he is scared of Donnie.

50

is not scared of Donnie, “they are tight, they fight like brothers sometimes, but they are tight.” 71. On December 28, 2009, at approximately 6:25 p.m., SOI #1 placed an outgoing consensually monitored telephone call to Piper at (410)599-8350. SOI #1 placed the cellular telephone on speaker

mode for the investigators to monitor. During the conversation, SOI #1 asked Piper where they were. Piper responded, “Over west.” SOI

#1 then said, “I hear Donnie (Duncan) in the background you ain’t over west.” #1’s number. SOI #1 then instructed Piper not to give Donnie SOI Piper advised, “No problem…,” because he doesn’t want SOI #1 said, “Don’t tell him you are on the

Donnie mad at him. phone with me.”

72. On December 28, 2009, at approximately 7:10 p.m., SOI #1 placed an outgoing call to Jermain Davis, a/k/a, Dirty Rice at (410)539-1618. SOI #1 placed the telephone on speaker mode for the During the conversation, SOI #1 mentioned SOI #1 stated, “That if he is kin, you know

investigators to hear. the murder of D-Nice.

Donnie is going to kill them boys eventually, no matter how much shit (a reference to heroin) they give him.” “It is only a matter of time.” from Duncan. Davis agreed, saying,

SOI #1 advised Davis to stay away

Davis explained that he is not worried about Donnie

(Duncan), he don’t trust him and goes out strapped (armed) to meet him, but he is not worried about him. 73. On December 29, 2009, law enforcement investigators

51

met with SOI #1 regarding the BGF.

During the meeting, SOI #1

provided the address of 2004 East Baltimore Street, Baltimore, Maryland (the residence of McFadden, Subject Premise #5) as a residence used by BGF to store handguns. SOI #1 stated that approximately one month ago SOI #1 was parked outside of 2004 East Baltimore Street, when a BGF member identified only as Capo exited the residence and placed four 9 MM handguns into SOI #1’s vehicle. The handguns were then transported to a residence frequented by Taterman. 74. On January 5, 2010, SOI #1 contacted law enforcement SOI #1 advised that he/she had

investigators regarding the BGF.

recently been at a bar in southeast Baltimore frequented by BGF members. While in the bar, SOI #1 overheard a conversation between SOI #1

several men regarding a recent abduction and murder.

reported that an individual named “Marquel” had been kidnapped two days ago and was subsequently murdered. The victim’s body was later located in the Park Heights area of Baltimore and the vehicle used in the crime was found by law enforcement on Pennsylvania Avenue in Baltimore. According to SOI #1, he/she overheard that the

individuals responsible for the abduction and murder are Jim Dog (Rhodes) and several other BGF members. During the abduction, a

ransom was paid for the return of the victim. The person who picked up the ransom money was Sister Kim, (McIntosh). Upon receiving the

information, investigators contacted the Baltimore Homicide Unit and

52

learned that on January 3, 2010, Marcal Antwan Walton was abducted and later found murdered in the 2300 block of Ocala Avenue in the Park Heights community. Homicide Detectives have identified Jim

Dog, a/k/a William Rhodes, as a possible suspect in the homicide. 75. On January 7, 2010, SOI #1 contacted law enforcement SOI #1 stated that on

regarding recent activities related to BGF.

January 6, 2010, shortly after 8:00 p.m., Duncan and Taterman were involved in a verbal argument in the area of Homewood Avenue and East Preston Street. During the argument, Duncan scolded Crawford

for not following the proper protocol when it came to committing violent acts against the community. According to SOI #1, Duncan

explained that all of the shootings and murders Crawford had been committing needed to be cleared through him, and that he (Crawford) should not be handling things with out prior approval. SOI #1

stated that Crawford produced a large handgun and advised that he will do what ever he wants and no one can stop him. As the argument

continued, SOI #1 stated that Sister Kim (McIntosh) was observed walking from her home (Subject Premise #1) carrying a large

revolver. McIntosh also became involved in the argument, ultimately telling Crawford that he needed to follow proper protocol. 76. Later on January 7, 2010, SOI #1 again contacted law

enforcement and advised that Duncan had been arrested in the evening hours of January 6, 2010 for unknown reasons. A query of law

enforcement databases revealed that Duncan was arrested in the 1100

53

block of Homewood Avenue (the same block as Subject Premise #1, and the location of the altercation with Taterman) at approximately 8:40 p.m., on January 6, 2010 for providing a false statement to a police officer. 77. On January 21, 2010, law enforcement debriefed SOI SOI

#1 regarding the current drug activity of Chambers and Duncan.

#1 advised that Chambers is still controlling a street distribution location for heroin in Baltimore. SOI #1 explained that the shop,

while controlled by Chambers is actually operated by an individual known as Tiger (later identified as Jon Brice). Tiger’s phone number as (410)940-4668. SOI #1 provided

SOI #1 also explained that

Duncan is the source of heroin at the shop and that Duncan recently provided the heroin directly to Tiger for distribution, while relying on Chambers to collect the proceeds. C. Communities Organized to Improve Life, Inc. (COIL) 78. As noted above, members of BGF have attempted to

legitimize the BGF by publicly calling for an end to inner city violence. In strikingly similar fashion to Eric Brown’s efforts

with the Black Book, Duncan has been employed as a youth counselor at Communities Organized to Improve Life, Inc. (COIL), a non-profit organization committed to the reduction of violent crime. COIL is

funded by a grant announced on August 9, 2007 by then Mayor Shelia Dixon and the Baltimore City Health Department for $382,600. The

funds were provided to COIL to implement Operation Safe Streets in

54

Southwest Baltimore. Operation Safe Streets is a community based violence prevention program focused on reducing shootings homicides in Baltimore City. and

COIL is the second location for McElderry

Operation Safe Streets, the first location was in the

Park and Madison East neighborhoods. Funding for the Operation Safe Streets initiative run by COIL is provided by a grant from the United States Department of Justice. 79. CS4 previously provided information related to Duncan and COIL. According to CS4, Duncan works at COIL as a way of legitimizing himself in the eyes of law enforcement and the public. Duncan gives the appearance of working with at risk youth, while maintaining his role as leader of the BGF. Additionally, Duncan has assisted other BGF members like Ronald Scott, a/k/a “Piper,” to obtain jobs as youth counselors at COIL. CS4 related that the

Operation Safe Streets located in the McElderry Park and Madison East neighborhoods is controlled by the BGF, specifically Anthony Brown, a/k/a “Gerimo.” According to CS4, BGF members released from

prison can obtain employment from Operation Safe Streets. 80. On January 24, 2010, Duncan appeared on a local The brief segment

Sunday morning television show, Grace and Glory.

showed Duncan being interviewed by the show’s host highlighting the “great” work COIL was doing. During the segment, Duncan identifies

himself as a “former” gang member. 81. On March 27, 2010, at approximately 3:28 p.m., Duncan

55

received an incoming call from (443)717-8417, utilized by Killa. During the conversation Duncan advised, "I need you down here. Cause I'm down here with the brothers, Meech and all them." asked, "Where at?" to COIL)." Killa

Duncan answered, "Down by my job (a reference Duncan answered, "Right now Killa responded,

Killa asked, "What time?"

if you can get here.

But ev, everybody here."

Alright, alright um that's Cal, down there where we used to come at, Baltimore and Calhoun right?" Duncan answered, "Carrollton." Killa responded, "Carrollton, alright I'm gonna try to get a ride now." Based on their training and experience and other information

developed during this investigation, law enforcement agents believe that Duncan was holding a BGF meeting at COIL, the corner of W. Baltimore Street and S. Carrollton Avenue. D. Intercepted Communication 82. Throughout this investigation, law enforcement has

intercepted calls corroborating the information provided by the sources listed above. These intercepted calls identify not only

BGF’s illegal activity, including drug trafficking, but BGF’s organization, structure and hierarchy as a racketeering enterprise. 1. 83. Gang Activity On February 14, 2010, at approximately 11:58 a.m.,

Chambers received an incoming call from Duncan using the Duncan Cellphone. last night? During the conversation, Duncan asked, “What happened They talking about running you through.” Chambers

56

responded, “Who gonna run me through?” Duncan continued, “They said they got to fighting and you ain’t assist them.” Chambers

continued, “Cause I wasn’t, I wasn’t over there. right there.

Me and Lamont was

When I got there I made a sure them mother fucking I’m like man

niggers…When we got over there we just (inaudible). what the fuck? Who the fuck, that’s Dill.

So man Dill come to me

said yo go over your table man.

So I go over there to your table So he said the niggers is going Cause Lamont, all of

and I said what the fuck going on? out.

Man, well tell them to run me through.

them over there.

Tell them, tell them, tell them run me through.”

Duncan responded, “But Lamont and them don’t got nothing to do with nothing.” Chambers continued, “But we (inaudible), how the fuck you gonna attack, how I’m gonna assist you when we don’t know what the fuck going on. When we, when me and Lamont really got over there Cause Dill told me he said yo that’s Taterman,

he, we seen Dill. grab Taterman. going on?

So I go over to Taterman and said what the fuck

He said the nigger, we didn’t even know who the niggers

they was fighting. So really I thought like… I’m like what the fuck going on? So Dill try to actually tell me like, the nigger threw I said the nigger threw some water. So when me and So when Dill

some water.

Lamont got over there, I said that’s Dill fighting. come over he say yo grab Taterman.

I said what the fuck going on.

So I grab, so I go over to Taterman, Taterman already zapped out. I said what’s going on? Taterman saying, man I knocked these

57

niggers out.

I said you knocked them out?

He said yeah, I said the So

nigger threw some water. I didn’t leave nowhere.

Me, me and your cousin (inaudible).

Me and Lamont ain’t leave nowhere after we So I like man, he said, so Taterman said

found out what’s going on.

look yo they getting the dude just like gave me a whatya call’m. So Kool Aid said I’m going out by myself. I’m the last one going, I called

and then I didn’t go to sleep until everybody was clear. Dill and everything.

So I’m like, he said, I said meet us down the

whatya call’m. So Lamont was like, Lamont, me and Lamont get on the truck we had the man, he said come on yo let’s get them, niggers getting ready to come out. So (inaudible), so we ain’t, I still

don’t go nowhere until Dill like, you all good. Don’t, you all good. Kool Aid got it (a gun) on him now. Now you all can come out. So

we come out, I said man the dude was already pointing the gu, one of ours was on, our little homey was already on point. do what they get, do, do what they get. So I said ok. To go and I still I

don’t leave till Gutter, I call Taterman and hundred times yo. said you still right there we turning back to get you now. we good yo, we gone, we gone. now.

He said

I said man we coming to get you right I said alright. I still don’t

He said we good, we gone.

leave until I knew all of them was safe.” Black said they in

Duncan responded, “Well,

there fighting, Black said they in there Chambers

fighting, Black the one that running you through.”

continued, “Well tell him run me through...cause I wasn’t over

58

there, cause I know how… He wasn’t fighting. fighting.

I ain’t see him

When I go over he was standing, when we got over, when,

when me and Lamont got over, we, when we got over there and find out who it was, Black was right there. that. He’s like man you know this and

I said man who the fuck you said, who the fuck was fighting? But we didn’t even know

So when they turn I just seen Dill.

Taterman or none of the comrades cause we thought it was little homeboys. Me and Lamont thought it was little homeboys fighting. Cause we

We didn’t know Taterman, Kool Aid and them was fighting. wasn’t over there when the shit got off. was like yo what the fuck happened? and Taterman knocked him out.

So when I asked Dill, I

He said nigger threw the water Yeah

I want him to run me through.

this time I want him to run me through. them, they got to come and play. to run me through.

Cause this time Lamont and I want them

I want them to come.

Cause he sitting there running his fucking

face.” Based on their training and experience and other information developed during this investigation, law enforcement agents believe that Duncan was notifying Chambers that he is being brought up on BGF charges (a reference to being “run through”) by BGF member Black. According to Duncan, Black said that Chambers did not help

“comrades,” Taterman and Kool Aid, when they were involved in a fight at a club. 84. On March 8, 2010, at approximately 11:40 a.m., Duncan placed an outgoing call to (410)913-6234 utilized by McIntosh.

59

During the conversation McIntosh advised, "I got about three things for you. What you doing today?" Duncan answered, "A rack of shit.

Why what's up?"

McIntosh answered, "Um the first thing is I got a Rem baby mother. He at it on

call this morning from um Chanell.

her again." Duncan advised, "I don't want to hear nothing more with that. Go ahead." McIntosh continued, "Ok second thing, who do, who should I direct that to?" Duncan answered, "I don't even, I don't Go ahead." McIntosh continued, "Ok Duncan asked, I

even care nothing about that.

second thing is um, Twan is reaching out again." "Which one?"

McIntosh answered, "The one, south Baltimore one.

just told him to right up his complaints and pass it in." responded, "Alright."

Duncan

McIntosh continued, "And that, that's how I, And then Rem gonna lean on him telling They dealing with the shit Duncan asked,

you feel what I'm saying?

him he shouldn't have gone over east. on this side.

Something, something, something."

"What he mean (unintelligible)." what I'm saying?

McIntosh continued, "So you feel

I'm not, I'm, I don't want deal with it cause he Duncan advised, "Don't worry about McIntosh responded, "Ok good Duncan advised, "I'm

gonna think it's a personal."

it I'll send somebody over there." enough."

As the conversation continued

trying, I'm trying to make, make something happen but um, I'm a, I'm a try to do it." McIntosh responded, "Ok and remember um, remember Duncan answered, Duncan

um, what was it, the day before yesterday." "Yeah."

McIntosh continued, "I think you can go four."

60

responded, "Huh, oh yeah!" yep."

McIntosh continued, "I think you, yep,

Duncan asked, "Oh wit, wit, wit, wit, with the old peoples?" With the old, old. You

McIntosh answered, "With the new peoples. know the, the new joint." huh?"

Duncan responded, "Wit a, wit, with the Duncan responded, "Yeah Duncan

McIntosh continued, "Limpy boy."

that's what I'm saying, yeah."

McIntosh responded, "Yep."

responded, "Alright that's what's up." all, like you know one to ten.

McIntosh advised, "I heard They couldn't even

Like past ten.

say ten. It was like twelve or thirteen." Duncan asked, "For real? And what you put yourn'?" key, that's the key. McIntosh answered, "Um now that's the Barely under three." Cause I,

I uh, under three.

Duncan responded, "So mines, mines should be good then. I done a three and a half." be, you should be fine." up."

McIntosh responded, "Yep, you should

Duncan responded, "Alright that's what's I had got a call Ok." Duncan

McIntosh continued, "Yep you should be fine.

late, late last night they was oh yeah, oh yeah. responded, "Alright that's, that's what's up."

Based on their

training and experience and other information developed during this investigation, law enforcement agents believe that in the beginning of the conversation McIntosh was advising Duncan, who is the overall city wide commander of BGF, about BGF matters related to "Reem" (a reference to Kareem Randall); and complaints by BGF member "Twan." Regarding Randall, Duncan advised, "Don't worry about it I'll send somebody over there." Regarding Twan, McIntosh advised, "I just

61

told him to right up his complaints and pass it in (a reference to having high ranking BGF members review the complaints).” As the

conversation continued Duncan and McIntosh discussed a recent supply of heroin, how many times the heroin could be cut, and the overall quality. McIntosh advised, "I heard all, like you know one to ten. They couldn't even say ten. It was like twelve or

Like past ten.

thirteen" (a reference to Duncan having heroin with a high purity.) McIntosh and Duncan then discuss how they processed and mixed their heroin. McIntosh said, "I uh, under three. Barely under three," Cause

and Duncan responded, "So mines, mines should be good then.

I, I done a three and a half." McIntosh responded, "Yep, you should be, you should be fine." 85. On March 8, 2010, at approximately 8:23 p.m., Duncan During the conversation

received an incoming call from McIntosh.

McIntosh advised, "Remember the little one I told you, that little uh number one from south?" Duncan responded, "Yeah." McIntosh

continued, "He, he over that jail."

Duncan responded, "Again?" Duncan

McIntosh continued, "Yeah I told you it was a warrant out." asked, "For what?"

McIntosh advised, "They reopened, that they re,

they, there was a warrant out um and they reopened up one of his cases." Duncan responded, "Oh damn." McIntosh continued, "Yep one Duncan responded, I

that was put on the stet that got him out." "Yeah."

McIntosh continued, "They reopened, they reopened it.

don't know why.

I ain't never seen no shit like that in the

62

computer.

They reopened it."

Duncan asked, "The feds got him?" No he over the jail." Duncan

McIntosh answered, "Um no I doubt it. advised, "They might. his case.

Yeah but I'm saying, that, they would reopen He

The thing is you see it got put on the stet before.

ain't never set on the stet."

McIntosh continued, "Um yeah he be I don't even (unintelligible)."

getting, he escapes all the time.

Duncan advised, "No but you know they, you know they can reopen your shit if it's on a stet." that's what happened. McIntosh responded, "Oh well yeah that,

But I ain't see no (unintelligible) cards. Duncan responded, "Oh, yeah Duncan

Or I'll go in there tomorrow though." that, that was right too." continued, "Yeah."

McIntosh responded, "Yeah?"

McIntosh continued, "Ok.

We gonna have to work

something out here though. You know that right?" Duncan responded, "(Unintelligible) yes." McIntosh responded, "Huh?" Duncan advised, "I'm listening." McIntosh continued, "Ok I think, we'll think, Duncan advised, "Here you go You paying seventy five

we'll come up with something fair." with your shit.

You (unintelligible).

dollars already for it." that's cool."

McIntosh advised, "Well that's cool too, McIntosh continued,

Duncan continued, "Yeah."

"That's cool." Duncan advised, "You feel what I'm saying? I'm not, I'm, I'm not doing it for nobody else just you." McIntosh

responded, "That's fine." saying? saying?"

Duncan continued, "You know what I'm You feel what I'm

You and Ben (McFadden) the only two. McIntosh responded, "Yeah."

Duncan continued, "Ain't

63

nobody, I ain't doing it for nobody else." McIntosh responded, "Ok, ok, ok. Oh I (unintelligible)." Duncan responded, "Huh?" McIntosh continued, "Like (unintelligible)." Duncan advised, "Yeah I'm about to get a new number too. to." So um…" McIntosh responded, "Me to, me

Duncan continued, "Um I'm a call you from a new number."

McIntosh advised, "No don't call me on this phone." Duncan advised, "Alright soon as these, these minutes run out." McIntosh advised,

"Wait, wait for me to um get a new phone and then you call me on my new phone." Duncan responded, "Alright." McIntosh continued, Like you know what McIntosh continued, Duncan responded,

"Cause you calling me on this phone is the same. I'm saying?" Duncan responded, "Right yeah."

"So like I'm a, I'm a try to get a new phone."

"Yeah." McIntosh continued, "And you call me on that phone and then that will be the new. You feel what I'm saying?" Duncan responded, "Right." tomorrow. McIntosh continued, "Yeah I think, yeah I'll do that Or maybe not tomorrow." Duncan and McIntosh then

discussed new homes for McIntosh and Duncan's mother. McIntosh then said, "Alright well um, was there something else, no I guess that's it. That was the main thing. You already know that was the main McIntosh continued, "Yeah I

thing."

Duncan responded, "Right."

don't know and I, there's a few people over there you know." Duncan responded, "Right so, but um the right people there so they already know. hope." So you know." McIntosh responded, "I know, I know let's McIntosh

Duncan advised, "If a mother fucker over there…"

64

advised, "You know Rudy over there."

Duncan continued, "Right so

if a mother fucker make a, make a call out here I'm gonna be very disappointed." McIntosh responded, "Yeah I know." Duncan

continued, "You feel, you feel what I'm saying?"

Based on their

training and experience and other information developed during this investigation, law enforcement agents believe that during the

initial portion of the conversation McIntosh was advising Duncan that "that little uh number one from south,” (a reference James Harris, a/k/a Johnny Five) was arrested on a warrant and is The

currently being house at the Baltimore City Detention Center.

conversation then shifted to Duncan, McIntosh and McFadden's drug trafficking activities. McIntosh advised that she and Duncan needed to talk about the profits being made from the sale of their drugs. Duncan explained, "You paying seventy five dollars already for it (a reference to seventy five dollars per gram of heroin).” McIntosh advised, "Well that's cool too, that's cool." "Yeah." McIntosh continued, "That's cool." Duncan continued,

Duncan advised, "You

feel what I'm saying? else just you."

I'm not, I'm, I'm not doing it for nobody responded, "That's fine." Duncan

McIntosh

continued, "You know what I'm saying?

You and Ben the only two."

(Duncan was referring to selling heroin to McIntosh and McFadden for seventy five dollars per gram of heroin which is at a lower cost than any of Duncan's other drug purchasers.) returned to the arrest of Harris. The conversation then

McIntosh advised, "there's a few

65

people over there you know" to which Duncan responded, "Right so, but um the right people there so they already know. McIntosh responded, "I know, I know let's hope." "If a mother fucker over there…" over there." So you know."

Duncan advised,

McIntosh advised, "You know Rudy

Duncan continued, "Right so if a mother fucker make During

a, make a call out here I'm gonna be very disappointed."

this part of the conversation McIntosh and Duncan were discussing how there were BGF members at the detention center with Harris that are expected to inflict bodily harm on Harris. Duncan explained

that no one should have to contact him from inside the detention center to verify whether or not Harris should be harmed, they should already know what should happen to Harris. During the

investigation, law enforcement has learned from confidential sources that Harris is being held responsible for murdering a BGF member. The murder Harris committed was not sanctioned by Duncan, therefore, Harris is to be harmed on sight 86. On March 21, 2010, at approximately 4:42 p.m.,

Chambers received an incoming call over the Chambers Cellphone from Loc. During the conversation Chambers told Loc to advise Nut that As Chambers is speaking with Loc,

he was getting ready to walk up.

McIntosh was heard in the background stating, "If you register them without their money right. got the (unintelligible). thousand dollars from (Unintelligible). And, and they don't

In thirty days we should have three comrade and every comrade should

every

66

(unintelligible). (unintelligible)

Then from that point when the thirty days on for my registration. But I know that That

(unintelligible) is not going to stop until the thirteenth. gives people a chance to really try to get it together."

Based on

their training and experience and other information developed during this investigation, law enforcement agents believe that McIntosh was advising the high ranking BGF members attending the meeting that she had devised a plan for registering new members that would net the gang a large profit. According to McIntosh, each area commander

would be expected to pay to finance in thirty days three thousand dollars from their immediate underlings. This influx of cash would

enable the gang to boost the amount of money they currently have in BGF finance. 87. On March 27, 2010, at approximately 6:31 p.m.,

Chambers received an incoming call over the Chambers Cellphone from McFadden. During the conversation McFadden advised, "Hey Dookie,

I need you to uh, get a count of everybody that's gonna register yo. And get that twenty five dollars from em' and I'll come holler at you." call Chambers responded, "Right." me as soon as you get McFadden continued, "And call, together." Chambers

everything

responded, "Alright, I, I'm, I'm waiting for um, I gotta…" McFadden advised, "I need it by Monday." already on top of all that." Chambers responded, "Ok I'm, I'm Based

McFadden responded, "Alright."

on their training and experience and other information developed

67

during this investigation, law enforcement agents believe that McFadden was instructing Chambers to collect twenty five dollars from each BGF member under his command which he, McFadden would collect and place into BGF finance. 88. On March 27, 2010, at approximately 6:23 p.m., Duncan received an incoming call from Smiley. During the conversation

Harried, a/k/a Smiley, said, "Yo, hey I wanted to ask you a question right." Duncan responded, "Yeah." Harried continued, "I'm down Duncan

here with uh, with uh, uh Ben and you know Sean right." responded, "Yeah."

Harried continued, "And Sis (McIntosh), uh you But Sis

(unintelligible) counted their little, their little money. wants uh, them to uh write down the names and stuff. get it from her later on today?"

Can you please

Duncan responded, "Alright, just Harried Duncan

text me and tell me how much it's supposed to be." responded, "Uh nah, nah, nah. Uh, uh Ben got the money."

responded, "Alright so Ben gonna text me again." "You hear me?" Duncan responded, "Say it

Harried asked, Harried Duncan You all,

again."

responded, "Ben got the money but she got the names." responded, "Right, so you all, you all want the papers. so you all want the names from her?"

Harried responded, "I mean Duncan

that's what you, that, I mean that's what you were saying."

responded, "I ain't, I don't understand Smiley." Harried continued, "I mean, you know she got, she got you know their, their names and phone numbers and stuff like that." Duncan responded, "Right, yeah

68

but I…"

Harried continued, "If you want her to keep it she can." Harried

Duncan responded, "Yeah she, she, that, that's her job." responded, "Ok I'll just hand them to her." "Yeah, alright."

Duncan responded,

Based on their training and experience and other

information developed during this investigation, law enforcement agents believe that Harried, McIntosh and McFadden were together counting the money that had been collected from BGF members and were completing a detailed list of the BGF members who had provided money toward BGF finance. Harried advised Duncan that McFadden had the

money from the BGF membership. However, Harried was unclear whether the list of BGF contributors should be delivered to Duncan. advised that the list should be left with McIntosh. Duncan Harried

explained, "I mean, you know she got, she got you know their, their names and phone numbers and stuff like that." "Right, yeah but I…" it she can." job." 89. On March 29, 2010, at approximately 10:42 a.m., Duncan responded,

Harried continued, "If you want her to keep

Duncan responded, "Yeah she, she, that, that's her

Duncan placed an outgoing call to McIntosh. During the conversation Duncan advised, "I definitely got to get up with you today for real." McIntosh responded, "Oh yeah." Duncan continued, "Yeah." I know you don't

McIntosh responded, "Ok, ok.

Well I'm at work.

got to work today." Duncan responded, "Right." McIntosh continued, "And it's a rainy day too." Duncan responded, "I know. I talked to

69

um Bow (a reference to Rainbow William, who was indicted in the 2009 Indictments)." McIntosh asked, "Uh the old man?" Bow." Duncan answered, Duncan Duncan

"Uh he ain't old. yelled, "Bow."

McIntosh responded, "Oh Moe."

MCINTSOH responded, "My, oh, oh, yeah."

advised, "Yeah and um your name, my name came up." "What we do now?" Duncan yelled, "Just listen.

McIntosh asked,

You know where he

at [federal detention awaiting trial]." oh for real!" Duncan answered, "Yeah."

McIntosh answered, "Yeah, McIntosh responded, "Ok."

Duncan continued, "And, and, and the crazy thing is right, you hear me?" McIntosh answered, "Yeah." Duncan continued, "Like it wasn't McIntosh responded,

nothing bad. "Yeah."

You feel what I'm saying?"

Duncan continued, "They asked you know, uh they were

telling him or whatever right." McIntosh responded, "Yeah." Duncan continued, "But you, um, the dude R (Ray Olivis) and the dude E (Eric Brown) right." McIntosh responded, "Yeah." Duncan continued, "But they, they, it was like ya'll, ya'll was the main ones at first." McIntosh asked, "For real?" Duncan answered, "Yeah that's But that's

how they got started."

McIntosh responded, "Oh shit.

crazy though cause at that time, you got to think about that time. I was quiet for a whole like eight months. at all. You feel what I'm saying? I didn't talk to them Nobody over

At all, at all.

there." Duncan responded, "Right." McIntosh continued, "So I don't know how, you see what I'm saying." McIntosh continued, "Oh my. Duncan responded, "Yeah."

Yeah you gonna definitely have to sit

70

down and fill me in on all the little details on that."

Duncan

responded, "Yeah cause he really didn't get in to it but um, I'm gonna have somebody McIntosh responded, and go see him though, visit him for real." Based on their training during and this was

"Alright."

experience

other

information

developed

investigation, law enforcement agents believe that Duncan

advising McIntosh that he received word from "Bow" (a reference to Rainbow Williams) regarding McIntosh. Duncan explained that law

enforcement began their initial investigation of BGF centered on McIntosh, Ray Olivis, a/k/a Uncle Ray, and Eric Brown, a/k/a EB. Duncan advised, "But you, um, the dude R and the dude E right." McIntosh responded, "Yeah." Duncan continued, "But they, they, it McIntosh asked,

was like ya'll, ya'll was the main ones at first." "For real?"

Duncan answered, "Yeah that's how they got started."

McIntosh responded, "Oh shit. But that's crazy though cause at that time, you got to think about that time. like eight months. I was quiet for a whole During the

I didn't talk to them at all."

initial investigation McIntosh, Olivis, Williams, and Brown were identified by law enforcement as high ranking BGF members. Ray

Olivis, Rainbow Williams, and Eric Brown are currently in federal custody pending trial for conspiracy to distribute heroin. McIntosh was not charged during the initial BGF investigation. 90. On March 29, 2010, at approximately 1:48 p.m., Duncan placed an outgoing call to Barry. During the conversation Duncan

71

asked, "Hey now what was going on?

Barry answered, "Alright like What it

I said that same incident that happened over there right.

was they got a little com, you know comrade out here right." Duncan responded, "Right." Barry continued, "He made accusations that he So um…"

gonna start putting his hands on other brothers right. Duncan responded, Right."

Barry continued, "You know they giving, You know so uh they getting a So early that morning I He bumps the He beat They

a matter a fact he was down with C.

little, a little thing about that right. comes out here.

He gets to beefing with some old men.

old man car and the old man get out.

They get to arguing.

the old man with a shovel and then bust the old man windows.

get, you know, telling about that, no you was wrong about that. So he tell the comrade alright, you nah mean I'm, I'm a see. He rolls out, comes back with a gun. Oh no you can't do this. shoots the man. back." The (unintelligible) dude was foxin'. So he shoots him,

He (unintelligible).

So the dude took the gun back so he shoot him Barry responded, "Yeah so he on,

Duncan asked, "For real?"

he, he, he, he on the run now.

But the thing is you, he goes down Duncan responded,

there with a gun to do harm to another brother." "Right." dude."

Barry continued, "And just happy he ain't hit another Barry and Duncan continued to discuss the shooting

situation. right.

Barry then advised, "Moe and them made a suggestion Well I know the suggestion Barry

I just got to talking to him. He…"

to give to you right.

Duncan responded, "Yeah."

72

continued, "But it's more so dealing with the Sister (McIntosh) right. He was, he feels that you know, she should no longer receive any type of paperwork. up." Saying that her name supposedly keep coming Barry continued, "You know, a

Duncan responded, "Oh yeah."

that's a suggestion he said (unintelligible) we should give to you. For me to give to you." Duncan responded, "Ok." Barry continued,

"Shouldn't receive no more.

You know. I said yo since her name you It's about

know cause that puts safeguards definitely on you. (unintelligible)." Duncan responded, "Right."

Barry continued,

"Man if anything that she'd have, she should you know give it up. Because if not you know if so man you know, sh, sh, she might be the one that they go through just to bring us down. Cause I'm saying

they know there's some ones out there that escaped you know that they really want. And you know uh…" Duncan responded, "Right."

Barry continued, "And my main man you know he one of em'. You nah mean?" Duncan responded, "Yeah." Barry continued, "Yeah brother

you got to know, you, you got to think that. You know what I mean? And, and, and, and, and then when we talking on this thing (a phone) like this man we got to go back to our Swahili roots man." responded, "Alright that's what's up." experience and law other information agents Duncan

Based on their training and developed believe during that Barry this was

investigation,

enforcement

explaining that he had a problem with a BGF member who had violated protocol by attacking an older gentleman and then later shooting a

73

BGF comrade, both of which are in violation of BGF protocol.

Later

in the conversation Barry advised that he and others believe that law enforcement has not concluded their investigation into BGF. Barry and others believe that McIntosh may be the downfall of BGF. Barry advised, "she should no longer receive any type of paperwork. Saying that her name supposedly keep coming up." Barry continued,

"Man if anything that she'd have, she should you know give it up. Because if not you know if so man you know, sh, sh, she might be the one that they go through just to bring us down. Cause I'm saying

they know there's some ones out there that escaped." 2. 91. Drug-Trafficking/Drug Smuggling On February 10, 2010, at approximately 12:53 p.m.,

Chambers received an incoming call from (410)327-0407, utilized by Shelly. through?" During the conversation Shelly asked, "Did it fall

Chambers answered, "No that mother fucking weather14 been Chambers then asked to speak with "Fat Ass." Chambers man just

stopping me yo."

Shelly then put Toot, a/k/a Fat Ass, on the telephone. asked, "What's up fat boy?" Toot responded, "Oh

maintaining waiting on the boat come through. shit started." been confined.

So we can get this

Chambers advised that because of the snow he has Toot advised, "Well if you ever need another spot I'm on a, I'm trying to get up here on a

you need to let me know.

This telephone call coincides with the two major snowstorms in the Baltimore area in early 2010. 74

14

Biddle and a Patterson Park. distribution location).

I want something new (a new drug There

I ain't going back around there.

ain't nothing around there."

Chambers responded, "Right, but a

bunch of bull shit ass niggers that want to beef (fight over drug territory)." Toot continued, "Yep but like, but like up on Milton Chambers advised, "Like, like that shit You know what I mean? That's

with some shit like that."

right, that's why I really got mad. why I came around there. some bull shit yo was on."

You know what I'm saying?

Because that

Toot continued, "Yeah man cause I ain't I got locked up that nigger even

even do nothing to that nigger.

called that nigger and told that nigger. That nigger and I told him I used the money. He said ok. When I came home he was like, I said I know you gonna give me a

man I know you ain't gonna cut me off. chance to get the money back. (halt the supply of drugs). months went past.

He like nah I ain't gonna cut you off I ain't gonna cut you off. Like three

You know I mean?

I supposed to keep asking him.

So then soon as I finally got my hand on something, the same day I finally got my hand on something he gonna send the boy James Finchman, the boy James up there. You know what I mean? Then James So then him,

go back down there and tell him yeah Toot up there. that shit is crazy." either yo."

Chambers responded, "Yeah I ain't like that

Toot advised that after that time he had problems Toot said, "He stagnated me." and other information

obtaining a new supply of drugs. Based on their training and

experience

75

developed during this investigation, law enforcement agents believe that the recent snowstorm has caused problems with their ability to sell drugs, and past problems with money and obtaining consistent supplies of drugs. 92. On February 17, 2010, at approximately 3:42 p.m.,

Chambers placed an outgoing call from the Chambers Cellphone to Duncan on the Duncan Cellphone. During the conversation Chambers

advised, "Yo I', I said I'm right here with Dre he want to holler at you." Duncan responded, "Wait, he gotta, you gotta wait. I'll

call ya'll back."

Chambers responded, "Alright, well you want me Duncan responded in a heated tone, "I'm At approximately 3:43

to give him the number?" waiting on a call.

I'll call you back."

p.m., Duncan returned the call to Chambers using the same phones. Upon answering the call Chambers advised, "Hey here go Dre he want to holler at you." Duncan asked, "What Dre is this?" Chambers Yeah,

answered, "Tall Dre, right here."

Duncan asked, "Which one?

who kept my mother fucking money!"

Dre then used the Chambers

Cellphone to speak with Duncan. Dre said, "Yo." Duncan asked, "Hey what's with my money man?" Dre answered, "Huh?" Duncan yelled, "My money." you." shit." Dre responded, "Yo, I told you soon when I get it I got Duncan responded, "Man I'd a been locked up on some bull Dre continued, "Right I been looking uh, uh, uh, uh, uh I I been, I been looking for you. I been

been looking for you.

sending messages to you."

Duncan advised, "Well I didn't get none

76

of your messages." messages.

Dre responded, "You didn't get none of my Duncan continued,

Killer ain't tell you my message?"

"None of them, none of them."

Dre advised, "You is, you is kidding

me." Duncan advised, "No, I didn't get none of your messages." Dre responded, "That's crazy. Every time I come over I see yo and I Duncan

tell him, yo tell Donnie (Duncan) I been in contact." advised, "No, nobody gave me no message."

Dre advised, "Man I Duncan

really, really, really need to holler at you though."

advised, "Well I'm on my way to Delaware right now to the guy that be frontin'." DRE asked, "When, when, when, when a good time?" Dre

Duncan advised, "I, I'm leaving for Delaware now. Tomorrow…" continued, "I say… Tomorrow? "Yeah." Around what time?"

Duncan continued,

Dre asked, "And where at?"

Duncan advised, "It don't make

a difference tomorrow. Ducon (Chambers)." Based on their

Just hit my, just get this number from um,

Dre responded, "Alright, alright, alright." and experience and other information

training

developed during this investigation, law enforcement agents believe that Dre owed Duncan for a past drug transaction and Duncan wanted the money prior to any additional drug sales to Dre. Duncan stated

he was going to Delaware, "to the guy that be frontin'" (a reference to being supplied drugs on consignment) and that if Dre wanted to purchase additional drugs from Duncan he would be available the following day. 93. On February 18, 2010, at approximately 12:45 p.m.,

77

Chambers received an incoming call over the Chambers Cellphone from Chips. During the conversation Chips asked, "You know somebody that work down Brockbridge?" Chambers answered, "Yeah." Chips

continued, "Oh alright you know my other cousin, you know his brother down there." Chambers responded, "Bug." Chips advised,

"Yeah we trying to handle something." experience and law other information

Based on their training and developed believe during that Chips this was

investigation,

enforcement

agents

inquiring whether Chambers knew of a corrections officer at the Brockbridge Correctional Facility who may help them smuggle

contraband into the facility for his cousin Bug.

Chips advised,

"Yeah, we trying to handle something," and Chambers acknowledged that he had an individual that would help them. 94. On March 2, 2010, at approximately 7:34 p.m., Duncan During the conversation

placed an outgoing call to Jermain Davis.

Davis commented on how Duncan hurt his (Davis’s) feelings when Duncan questioned him about his (Davis's) drug trafficking

activities.

Davis said, "Nigger that's how the fuck I was doing You feel me? Hello, huh." Davis

what I was doing when we was rollin'. Duncan responded, "Yeah I'm here.

(Unintelligible)."

continued, "Yeah I said, I said that's how I was doing what I was doing when we was rollin'." fucking long." Duncan responded, "You just take so

Davis asked, "What time you get out the, huh?"

Duncan continued, "You just be taking so fucking long. I understand

78

what your doing but god damn."

Davis responded, "Yo, yo for real Duncan responded, "I, I

yo, no for real yo it be the police yo."

already know that." Davis continued, "Soon as a nigger came out yo, the knockers (police) came. continued, "Yeah I already know. her but how anybody gonna get it?" them." Duncan continued, I said what the fuck!" Duncan

Look I had left some things with Davis responded, "And you left here I thought about

"Sitting

(unintelligible). and she looked.

I said fuck that shit."

Davis continued, "Yeah

I had like seven of them under my balls right." Davis continued, "So when I seen them I So Emo was like yo, I need you

Duncan responded, "Yeah." ate them. yo.

I said man what the fuck.

So I was like yeah I get me, I can get some of these mother

fuckers in right now. You know what I'm saying?" Duncan responded, "Right." Davis continued, "So when you was calling me." Duncan

responded, "Yeah." what's a names."

Davis continued, "I was running to get the Duncan responded, "Oh." Davis continued, "You Duncan responded,

know what I'm saying? "Right."

The one's I had left."

Davis continued, "But Emo's like why the fuck is you

breathing? I said man look I was running." Based on their training and experience and law other information agents developed believe during Davis this was

investigation,

enforcement

that

explaining to Duncan that the reason Duncan could not reach Davis by phone was because Davis was busy on the streets of Baltimore selling drugs for Duncan and trying to avoid being arrested by the

79

"knockers" (a reference to narcotics officers). 95. On March 5, 2010, at approximately 6:17 p.m., Duncan During the conversation Davis Yo you still right?" Duncan

placed an outgoing call to Davis. said, "Come holler at me man.

answered, "Not yet I'm waiting for the call now."

Davis responded, Duncan

"Alright so you know what yo when, when I get it right." responded, "Um hum."

Davis continued, "And I see them that's what You know what I'm saying?"

it be best for me to do is mix it. Duncan responded, "Alright." with the flow."

Davis continued, "So I can just go Davis continued, "You Duncan

Duncan responded, "Right."

know what I'm saying? responded, "Right."

Then I be, you know doing it faster."

Davis asked, "You understand what I'm saying?" Davis continued, Davis

Duncan responded, "Alright that's what's up." "That's fine, see I meant yo…"

Duncan answered, "Yeah."

continued, "And you see how shit been you know turning and it ain't been that, it ain't been slow like that." "Right." Duncan responded, I

Davis advised, "I had that since early today though.

got yourin' out of the way first." be there."

Duncan advised, "Alright, I'll

Based on their training and experience and other

information developed during this investigation, law enforcement agents believe that Davis had been mixing and selling drugs for Duncan throughout the day however the quality of the drugs was not that good. Davis asked if Duncan was obtaining a new quantity of

drugs to which Duncan said he was. Davis then advised that he would

80

mix the new drugs with the bad quality drugs, which would allow the drugs to be easier to sell. Davis asked, "Yo you still right?" Davis

Duncan answered, "Not yet I'm waiting for the call now."

responded, "Alright so you know what yo when, when I get it right." Duncan responded, "Um hum." Davis continued, "And I see them that's what it be best for me to do is mix it." 96. On March 8, 2010, at approximately 7:57 p.m., Duncan During the

placed an outgoing call to Davis using (410)736-9634.

conversation Davis asked, "Yo why you ain't answer your phone chief?" Duncan answered, "No cause I, I swear to god I didn't even Davis advised, "I could have

know the mother fucker was ringing." been robbed yo.

Somebody could have ended up killing me yo." didn't know that it was Duncan

Duncan responded, "I didn't know, I ringing."

Davis asked, "Oh, yo where my fifty dollars yo?" I'm ready to um…"

advised, "I got you.

Davis asked, "Where you

at?" Duncan responded, "I'm on my way back down there so I can give you…" Davis continued, "I'm leaving out she talking

(unintelligible) from Sis (McIntosh)."

Duncan responded, "Alright Davis asked, "What?"

why you um, go get the um what's a name."

Duncan responded, "There's a single bag with four and I put the other one in there." Duncan advised, Davis responded, "Alright where it at?" tell her get it out the spot

"It's,

(unintelligible)." Davis responded, "Alright I'll tell her." Davis and Duncan then briefly discussed food and money Davis owes to a

81

male named Sid, and then Davis calls, "Sis."

McIntosh in the

background responded, "Yes." Davis continued, "He said give me the, the four seams in the bag." McIntosh responded, "Of what?" Davis

continued, "There's four, there's four of them in a bag."

Based on

their training and experience and other information developed during this investigation, law enforcement agents believe that Duncan was telling Davis to obtain the drugs he had left at residence so he (Davis) could deliver them to Duncan. McIntosh's During the

call Duncan indicates that McIntosh has a hidden location in her residence, Subject Premise #1, where she conceals the drugs. 97. On March 9, 2010, at approximately 10:22 p.m.,

Chambers placed an outgoing call to Davis using (410)539-1618. During the conversation Davis advised, "Angie had leaned on Donnie (Duncan) because I be helping this nigger eat yo. Chambers answered, "Right." You feel me?"

Davis continued, "And shit before the

police grabbed me I was doing like three, four hundred joints a day. You hear me Ducon." Chambers answered, "I know." Davis continued,

"And then when I have to fall back and take it long, yo what are you doing. Yo hold up. Who the fuck you think you talking to! You

hear me?"

Chambers answered, "Right."

Davis continued, "I'm like Nigger I'm helping I, I be

yo, who the fuck is you think you talking to yo. you eat.

And then he know what the fuck I be doing.

fucking with Emo and them right." Davis continued, "To slide shit in.

Chambers responded, "Right." You know I'm saying? So I can

82

slide his shit in...and I told him nigger you be giving me bull shit...where as though I got to get, you know I got to get with them to mix the shit up. Dump, dump all of it out and mix it up...so I So nigger, cause he called me one day, got Davis continued, "So we

won't fuck my name up.

a whole bunch of people on the squares." in Sis (McIntosh) house. you doing yo?

So he called me like, yo what the fuck is I said man don't call my mother So he

You playing games?

fucking phone while I'm doing what I'm doing and I got.

called back like oh yeah yo it's like that. What the fuck's wrong with you? So I hung up right. So after I got finished doing what

I was doing....so I called, so I called, he called me from Sis phone right Ducon (Chambers)." Chambers responded, "Yeah." Davis

continued, "So he wouldn't get on the phone so I, I called Angie and got Angie to call her, call him right. on this and that. He's like yo what's going So I told her right. When you helping this Chambers

So uh, so Angie asked me.

I said man yo that nigger got to be crazy.

nigger eat don't nobody do nothing for him but you." responded, "Right."

Davis continued, "So when I see him face to You gonna act like you don't

face yo, I'm like yo what the fuck. know what the fuck I be doing.

Oh yo my bad yo I'm sorry yo. I

wasn't even thinking because we was talking about something. I said yeah you don't never think nigger. What the fuck is wrong with you? You know the fuck I be swindling nigger miss, mixing and matching nigger. Fuck is wrong with you? You know what the fuck I been

83

doing for you. I'm saying?

The whole time fucking with them and you know what You know, you know

Not letting them niggers know.

sliding shit in.

When the fuck a, a, a, a jimmy mack is only

fifteen joints and you know what I'm saying? I got to dump that out and bam, bam. Oh yeah I'm a give them their money first so you know You know

what I'm saying, their hundred, hundred dollars first. what I'm saying?

To get them out the way so I can slide ours in." Davis continued, "Dumb ass nigger He like yo my bad this, yeah Chambers

Chambers responded, "Right."

don't be asking me no questions. alright yo.

I said yo you be on some bull shit yo."

responded, "Don't he!"

Davis continued, "No yo I'm sorry this and I said

that. Uh then he keeping asking me about fifty dollars.

Donnie (Duncan) I'm not giving you no fifty dollars man, fuck you. I'm not giving you no fifty dollars." is crazy." dollars man. Chambers advised, "That man

Davis continued, "I said I'm not giving you no fifty You got to be crazy. Then what fucked me up right, You know I had to go see Sis Davis

this what fucked me up right. (McIntosh) for him right."

Chambers responded, "Right."

continued, "So she gonna slide me her shit. You feel me?" Chambers responded, "Right. She a sneaky mother fucker too." Davis

continued, "Listen, so he ain't answering his phone. don't, when it come down to his money yo haul ass.

You know he You feel me?"

Chambers responded, "Right." Davis continued, "So I put two and two together, what the fuck. So I asked her. I like oh that was yours?

84

She was like yeah.

I said hold yo.

I said Sis why you do that?

When you could have called me and asked me to take care of something for you. You feel me?" Chambers responded, "Yeah." Davis

continued, "You ain't got to use slim and I told Donnie, yo don't you never do that again yo. you let me do it at my pace. Cause the way me and you do business You know what I'm saying? Cause she

calling me, calling me, calling me like you know what I'm saying, like hurry up. What the fuck! You feel me?" Based on their

training and experience and other information developed during this investigation, law enforcement agents believe that Davis was

advising Chambers that he was selling three hundred to four hundred units of heroin for Duncan on a daily basis. Davis advised that in

addition to selling drugs for Duncan he (Davis) also was selling drugs for an individual identified as "Nemo." Davis explained that

Duncan was receiving poor quality heroin and he (Davis) was mixing Duncan's drugs with Nemo's drugs to get Duncan’s to sell. Davis

explained that Duncan recently had Davis sell drugs for "Sis" (a reference to McIntosh) without asking him (Davis). Davis explained

that Duncan did not have to conceal the fact that he (Davis was selling McIntosh's drugs because he would have sold them for her anyway. 3. 98. Acts of Violence On February 8, 2010, at approximately 9:46 p.m.,

Chambers received an incoming call from (443)630-2120 utilized by

85

Little Mike.

At the initiation of the conversation Chambers The nigger can't find the dude Chambers We

advised, "What's up Little Mike. man."

Little Mike asked, "You said you can't find him?"

continued, "No, then I heard brothers on him and everything.

gonna keep on trying to flush his ass out boy but I ain't seen him." Little Mike responded, "Yeah, yeah, yeah he goin, he gonna come around. go." You know what I mean? Got to, he ain't got no where to Little Mike continued, "You Trying As

Chambers acknowledged, "Right."

know what I'm saying?

Hey yo, man I need your help G man.

to bounce back of that bullshit yo.

That shit fucked us up."

the conversation continued, Little Mike asked, "Yeah just grab, yeah yo how much of that shit can you grab us yo?" you trying, what you trying to go?" Chambers asked, "What

Little Mike, "Man listen we

already got, we already, we just coped up on a QP of that shit right. Man we just put doing, with just throw, just throw a little

something,

put,

that

shit

(inaudible)."

Chambers

responded, "I can do that, I can do that for tomorrow." Little Mike and Chambers then continue to discuss the distribution of different drugs and making money from drug trafficking. Eventually, Little

Mike explains, "Yeah straight, you know what I mean? track that shit out. right back to you Yo a day or two yo. yo. I'd grab the

Soon as we

Straight send that shit white, grab the white

(inaudible).

Whatever you can for real yo.

Yeah the nigger we

gonna send through there he the one that gonna bring it straight to

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us.

You see what I'm saying?"

Chambers advised, "Right.

You all

ain't selling nothing out here?

I don't deal with that shit but I,

my man get it and I know, I know he a do, he do right by us." Little Mike responded, "That's all we, we already spent almost all our cake. That nigger fucked us up. Uh, uh, uh Ducon (Chambers) Yeah that nigger

yo, that nigger fucked us up yo. fucked us up yo.

You hear me?

You hear what I'm saying?

We, we took the little

cake we did have and straight coped up on some, straight coped up on some ready (crack) real quick. You know what I'm saying? But

that shit ain't enough for us to do what we trying to do though. You know what I'm saying? Because the nigger we was sending You see what I'm saying? You know what I'm

through, you know we got bills to pay too.

And we trying to make that shit right back yo. saying?" Chambers acknowledged, "Right."

Little Mike continued, We need to get shit

"Yeah we trying to call on some favors man. back right boy. We need some help G. You feel me?"

You know what I mean?

Straight like that. trying to tell you. shit.

Chambers advised, "Yeah, I'm

I'm, I'm man, my peoples, I ain't even be doing

But I'm just saying you got some money I can go at that Little Mike advised, "Nah, we already spent Chambers

nigger for you then." what we had.

That's what I'm trying to tell you."

advised, "Well then, I can't do nothing if I ain't got no money cause I'm, you know what I mean? I'm (inaudible) man. I'm waiting on my shit. Again, the conversation continues regarding drug

87

trafficking and Little Mike says, "Yeah man we spent that shit with yo and he won't do shit for us. So now we got what we got. So now

we on a tip where as though man we just trying to grab one extra, extra OZ or two real quick yo. (inaudible). You know what I'm saying? You can

That's why we ain't, ain't looking for nothing crazy. Based on their training developed during this

We just trying to get an ounce or two man." and experience and other information

investigation, law enforcement agents believe that Little Mike is distributing marijuana and cocaine and is asking Chambers to supply him with a new quantity of cocaine. However, at the current time

Little Mike has little money because a drug associate absconded with some of his proceeds. Chambers acknowledged the loss and advised

that he (Chambers) and his close associates have been looking for the unidentified thief. Chambers advised, "The nigger can't find

the dude man,” Chambers continued, "No, then I heard brothers on him and everything. We gonna keep on trying to flush his ass out boy Little Mike responded, "Yeah, yeah, yeah he You know what I mean? Got to, he ain't

but I ain't seen him."

goin, he gonna come around.

got no where to go." It is the belief of law enforcement that due to the violent nature of the BGF that once the thief is located he will be physically harmed and possibly murdered. As the

conversation continued, the content shifted to the sale and purchase of quantities of different drugs. Little Mike advised that he

recently purchased a "QP" (a reference to a quarter pound of

88

marijuana).

Eventually, Chambers advised that he would contact one

of his drug associates and ascertain whether they had a supply of cocaine. 99. On March 2, 2010, at approximately 8:22 p.m., Duncan

placed an outgoing call to (410)913-2466 utilized by McIntosh. During the conversation Duncan asked, “They told you Jim (a refernce to Jim Dog, a/k/a William Rhodes) was locked up?” answered, “Yep, I, oh I knew. I wanted to tell you. McIntosh I told Ben

(McFadden) today.” Duncan advised, “Yeah I, Ben told me.” McIntosh responded, “Yeah I told him today. I got the paperwork and

everything. It’s not a pretty situation either.” Duncan responded, “Yeah I heard.” McIntosh continued, “And that was last, last April, April twenty fourth oh nine.” Duncan responded, “That’s crazy ain’t it?” McIntosh continued, “Yep shit comes back to haunt your ass.

I heard they got DNA, somebody must have got cut and they got DNA and all type of shit. They gonna axe me if D, if yo blood mixed Yeah I

with somebody else blood can they still it’s yo blood. believe so.”

Duncan responded, “Yeah they know what two different McIntosh continued, “Yeah see technology Duncan asked, “Yeah they don’t, they don’t

blood type is mixed.” nowadays is a bitch.”

watch what’s a name?” McIntosh laughed and said, “I guess it’s just the CSI.” Duncan continued, “Yeah.” McIntosh continued, “Yeah, yes sir. So yeah, but I’m gonna tell you the whole little crazy story. Told

You know yo came, the, the other one came and hollered at me.

89

the baby mother to call me.” now.”

Duncan responded, “Oh I bet she did

McIntosh continued, “I, oh yeah came through like this, you

know he got to mix me up in their whole little, you see what I’m saying. (Unintelligible).” Duncan advised, “Yeah I, I already know

what he up to now. (Unintelligible).” McIntosh continued, “Yep, yep they was like, yep I called. me. I, I told her I was like tell him call He needed to see me face to face. I’m in the middle of Give me

So she told him to call me.

So I tell her tell him give me five minutes. something. Mind you I’m at work. five minutes I’ll be out there. laughing. not have

You see what I’m saying?

She call me back cracking up

She said it can’t wait five minutes it might, he might enough time.” Duncan responded, “Yeah.” McIntosh

continued, “And you just passed me earlier and ain’t say shit.” Duncan asked, “He say he don’t want…” McIntosh continued, “Your I called him out. he walked past Like me.

boy, and your boy just passed me on Friday. damn Jim that’s how you do now, as

(Unintelligible)

And the funny, funny thing is I specifically You heard me?”

remember, cause I heard this shit in the streets. Duncan responded, “Right.” remember inquiring.

McIntosh continued, “I specifically

I didn’t know who, what, when, why or where. And I had just…” Duncan

I just knew that, that had happened.

advised, “Oh here’s who I need for you to get in contact with me. Get in contact with Stephon for me.” hum, yep ok I will.” McIntosh responded, “Oh, uh, McIntosh then made

Duncan responded, “Yeah.”

90

several unintelligible sounds. about that.

McIntosh continued, “Yep I, I asked Don’t tell Sis, don’t tell her. Thank you very much.” Duncan McIntosh

I, that was so funny.

Yeah don’t tell me. That’s right.

then advised that he would call her back after nine.

responded, “Ok, ok that’s cool.” Duncan asked, “Why what’s up? Who you want to (unintelligible).” through.” Duncan asked, “Who?” McIntosh advised, “Uh your boy came McIntosh continued, “Your boy, your

boy was was supposed to come here yesterday at what six o’clock, when we talked to him. Call me at twelve thirty last night asking So I told him call, catch up to Duncan asked,

if it was too late, it really was. me in the morning. “Which one?”

And he calls me in a panic…”

McIntosh answered, “Kev!

Calls me in a panic this This, this, But when I

morning talking about he only got forty five minutes. that. Now I already left and went to work right.

explained to him what, what it was he was like it’s not, ain’t no money in there? No.” Duncan responded, “Right.” McIntosh

continued, “So I, I me being the being the dumb sister, oh no I meant me being the good sister.” (Laughing) “Right.” Duncan responded,

McIntosh continued, “Told him flat out I have a hundred I need it back by the end of the day. In

dollar’s in my pocket.

front of Styles I will yo for real to minute on this one, like for real. Cause I don’t have it. You see what I’m saying?” Duncan

responded, “Yeah.”

McIntosh continued, “But I understand the

situation so, I, but I’m telling you it’s going to go to the line.

91

Based

on

their

training

and

experience

and

other

information

developed during this investigation, law enforcement agents believe that McIntosh was reporting to Duncan, the city wide commander of BGF, current BGF matters. McIntosh advised that “Jim” (a reference

to William Rhodes, a/k/a Jim Dog) had been arrested for a violent crime that he had committed on April 24, 2009. McIntosh said that

she had in her possession the “paperwork” (a reference to Rhodes’s charging paperwork) which revealed that Rhodes was linked to the violent crime through his DNA. On March 2, 2010 investigators

learned that Rhodes had been arrested for an abduction and murder which occurred in April 2009. During the latter portion of the

conversation McIntosh that “Kev” had come to her asking for money. McIntosh advised that there was no money in the house (a reference 1120 Homewood Avenue, Subject Premise #1). In accordance with BGF

rules, the person in charge of finance (McIntosh) would have in her possession money gained from BGF dues, any taxes paid to the BGF and any proceeds obtained by criminal means. It is believed that “Kev”

was asking for money from BGF finance to help him get on his feet. McIntosh told Duncan that because there was no money available that she gave “Kev” some of her personal money, but expected the money to be returned within a day. McIntosh told Duncan, “I’m telling you it’s going to go to the line (a reference to having Kev sanctioned for not repaying the money she lent him.)” Law enforcement has

learned that being sanctioned by BGF results in the paying of fines,

92

physical assault, or possible death. 100. On March 6, 2010, at approximately 2:04 p.m., Duncan placed an outgoing call to (443)806-6730, utilized by Davon. During the conversation Duncan asked, "God damn where my cut at yo?" Davon asked, "On what?" Duncan continued, "You all sell the truck yet?"

Davon responded, "Man you ain't, they ain't tell you what happened?" Duncan answered, "No them niggers didn't ain't tell me what

happened."

Davon continued, "Man those dummies go to uh get the Duncan asked, "Oh the

joint and the mother fucker been towed." nigger told!"

Davon responded, "Yeah I don't know what the fuck.

Wherever the fuck they park at that bitch got towed. So they really ain't even got no truck." Duncan asked, "It got towed or the nigger told?" Davon answered, "Say it again." Duncan continued, "What the nigger, it, I thought you said the nigger told. the truck got towed." But the car got,

Davon responded, "Yeah it got towed like a Duncan asked, "So when the fuck, why I'd

tow truck got that bitch." didn't they go get it?"

Davon answered, "I don't even know.

rather, you know I ain't even ask them that.

He told me like yo, I'm like

you ain't gonna believe this, yeah the shit got towed. that's crazy.

I hung up like I got to tell (unintelligible) this."

Duncan asked, "Right it ain't, it ain't reported stolen or nothing is it?" Davon answered, "I don't know that's what I'm thinking like why would it got towed. You feel me? Cause it ain't, the what they,

where they parked it that wasn't no tow away zone, it ain't no snow

93

route or nothing. They parked on a little side street up Whitelock. So I'm thinking like why would it have just got towed. have been reported. You know what I mean?" It might

Duncan responded,

"Right so a nigger get something, how much you all get from the store though?" Davon answered, "I ain't, I ain't (unintelligible). They I

I told you I got a little ass uh, twenty inch flat screen.

keep trying to give me fifty dollars for it at the pawn shop. ain't, I'm about to put that bitch on Craig's List." "So what they get for the ear rings?" shit was fake."

Duncan asked,

Davon answered, "All that

Duncan responded, "Oh my god!" Davon continued, Duncan asked, "You still

"That's what I'm saying (unintelligible). believe them?"

Davon continued, "And, and dummy keep saying like

yo, I'm telling you the shit was still in there, the shit was still in there. I'm like shorty, they don't got nothing and then he tell Duncan responded,

me he want a fake jewelry (unintelligible)." "Yeah he always do that."

Davon continued, "Right you know he keep I'm like

talking, I'm telling you like yo niggers don't know. shorty you can't tell me shit.

Like if a nigger holding he not Duncan then asked, "The only Davon asked, "The what?"

gonna be wearing no fake jewelry."

that was real was the bag then right?" Duncan responded, "The bag."

Davon continued, "Bag, the bag what, Duncan then

oh yeah, yeah, yeah, yeah, yeah the Jimmy Choo bag."

asked an unidentified female in the background how much money a Jimmy Choo bag was worth. Davon advised that an unidentified female

94

associate returned the bag to Nordstrom's and received a "couple hundred dollars." Based on their training and experience and other

information developed during this investigation, law enforcement agents believe that Davon and other unidentified BGF members

committed a commercial robbery along with an auto theft and were selling the items on the streets of Baltimore. Some of these items

were taken to a pawn shop and at least one Jimmy Choo bag was returned to Nordstrom's Department Store for profit. expecting to obtain a portion of the profits made Duncan was from the

commercial robbery and the theft of the truck. damn where my cut at yo?"

Duncan asked, "God

Davon asked, "On what?"… After learning

the truck was towed prior to being sold for profit, Duncan asked, "How much you all get from the store though?" 101. On March 7, 2010, at approximately 10:04 a.m.,

Duncan placed an outgoing call to McIntosh. During the conversation McIntosh asked, "You come out yet?" Duncan answered, "Not yet."

McIntosh advised, "Boss you need to make this the first stop when you come out." Duncan asked, "Why what happened?" McIntosh

responded, "Um oh your boy Stephon."

Duncan asked, "Which Stephon,

which one?" McIntosh responded, "Uh, the crazy one." Duncan asked, "Alright what happened?" McIntosh answered, "Oh I guess he was

look, missing something last night. Something very minor and minute and whipped out on all the people. that, brothers and all that." In front of little kids and all Based

Duncan responded, "Alright."

95

on their training and experience and other information developed during this investigation, law enforcement agents believe that McIntosh was notifying Duncan, the overall city wide commander of BGF, who she referred to as "Boss," that BGF member "Stephon" lost an item last evening and in response "whipped out" (a reference to displaying a handgun.) notifying Duncan so Based on Stephon's behavior McIntosh was he could handle things with Stephon

appropriately. 102. On March 29, 2010, at approximately 2:51 p.m.,

Duncan received an incoming call from (443)807-0715, utilized by B. During the conversation, Duncan advised that he was in the company of Mike Grey. Duncan told B, "I'm gonna let you talk to him and B responded, "Yeah." Duncan

what you, what you was telling me."

continued, "Just tell him everything you had told me." B responded, "Alright." Duncan then put Mike Grey on the telephone." Grey

asked, "What's up nigger you talking about me?"

B responded, "What

it do?" Grey asked, "What's up?" B responded, "Ain't nothing. Nah, bas, basically, basically you nah mean." about the Noodle, about the Noodles part?" Grey asked, "What, what B answered, Yeah. Just,

just basically um little kid, little kid was like, he talked to some kid, he talked to some kids. Um some dudes from over east Baltimore and they was like, somebody said don't look up to it. But you know

there's some peoples over there saying that your name had came up in, in, involved in it, whatever." Grey responded, "Yeah." B

96

continued, "So I was like I, I don't know nothing about that. see what I'm saying?

You

I said that they are just summin' but I don't You know what I

think it was, it, it (unintelligible) to that.

mean?" Grey responded, "Yeah." B continued, "So I don't know what, I what happened but, but the little kid axed to meet um some dudes over there and they was, they told him like yo don't even ax nothing else about that. Yeah." really. Leave that alone. As far as yo…" Grey responded,

B continued, "You know what I'm saying?

Then I was like oh

So it bet, basically I left, I ain't say nothing else to I ain't even ax, yo who told you this who told you Grey responded, "Yeah." B continued, "He

him about it.

that because he told…"

said that they said leave it alone. alone.

I left the shit, I, I left it

But I talked to Sister Kim (McIntosh) and Donnie (Duncan) Grey responded, "Yeah." B continued,

um, about Donnie about it."

"It's just like your name came up and Gene name. Gene, I said how Gene name come up. are chit chattin' on the phone. phone." Grey responded, Yeah."

So I was like well

I said some of these niggers

I said I talked to Gene on, on yo B continued, "So I was like yeah, You know

I was like I don't know, I don't know nothing about that. what I mean?"

Grey advised, "Yeah but I'm on GPS. I ain't, I ain't I ain't like him but I ain't do nothing to him See I knew you all didn't get along Grey responded, He stole from

do nothing to him. though."

B responded, "Right.

but I, I just figured it, it wasn't like that." "Yeah. Yeah but he did that.

You know what I mean?

97

us and shit.

So I, I was always on the shit that if I can't Grey and B then talk over each other. B

(unintelligible)."

continued, "But yeah, what, what they said was but he called somebody else. He called, alright he called, one day I was with And…" Grey

him, he called the dude, I think his name Randy. responded, "Yeah."

B continued, "Randy said that they, I mean they

was saying that you was saying that you had shot Noodles or something." Grey responded, "Um hum." B continued, "They said that you said that you had shot Noodles and you supposed to been doing something to um, damn this a Oakie. You and, and you supposed to But (unintelligible)

been trying to shot Oakie too or something. got." Grey responded, "Man no."

B continued, "They said you had

shot Noodles right.

So Noodles went and got, Noodles went and got

all this hospital paper stuff and, and showed me um the hospital thing, the police had shot him and so forth and so forth. what I'm saying?" together." together. You see

Grey responded, "Yeah me, me and Oakie was Grey continued, "Me and Oakie was

B responded, "Huh?"

Me and Oakie was partners when Noodles and them stole B responded, "Oh yeah." Grey continued, "Yeah that's

from Oakie."

why we was going to get him." Grey continued, "Yeah." responded, "Yeah."

B responded, "Oh shit, I don't know…" Grey about

B continued, "…nothing about that." B continued, "Then we heard

(unintelligible).

I just know that, that him, he called some dude

named Rand, Randy and Randy said that you, you said you had shot

98

Noodles or something.

And Noodles was like yo ain't shot me yo. You feel what I'm saying?" Grey

The police shot me or whatever.

responded, "Um hum." B continued, "So I was like alright. You know I ain't never, I never heard nothing bout you, you supposed to shot (unintelligible)." "(unintelligible. Grey responded, "Yeah." B continued, Grey

I didn't know you all was beefin'."

responded, "No we was on him cause he stole, he (unintelligible). You know how mother fucker him and Major been going out robbing every morning. So we had it set up so that they can come up there B B

and get, get stuff from the little kid's before they go out." responded, "Right." responded, "Right." Grey continued, "Come and get his jumper."

Grey continued, "And then one morning Major B responded, "Oh yeah." Grey

pulled a gun on the little kid's." continued, "Yeah and that's how…" you." head."

B asked, "Oh Major, Major robbed

Grey continued, "Yeah, yeah that's how Major got shot in his B responded, "Oh yeah, yeah, yeah, yeah." Grey continued, B asked, "Oh They was

"Yeah, yeah Noodles right there with him though." Noodles, Noodles was with him?" partners."

Grey responded, "Yeah.

B advised, "Cause they say Greg was with me, um Major Grey responded, "Yeah but Noodles, Noodles, (Unintelligible)."

when yo got shot."

Noodles might have been the driver that day. B advised, "Yeah he must have been drunk.

He know, he must have

been drivin' but, but yo, yo um, Greg was with him when he got shot that day. Cause Greg,…" Grey responded, "Yeah." B continued,

99

"…Greg called me yeah, Greg called me about that."

Based on their

training and experience and other information developed during this investigation, law enforcement agents believe that Mike Grey had been accused by an unidentified person in Baltimore of the recent murder of BGF member Asia Carter, a/k/a Noodles, which occurred in March of 2010. Grey, who had been speaking with Duncan, utilized Grey explained

Duncan's phone to clear his name from the murder.

that he did not like Carter because he had assisted in robbing Grey’s and Oakie's (a/k/a David Rich) drug operation, but he (Grey) was not responsible for the murder. V. SUBJECT PREMISES 103. Based on the information set forth elsewhere in this affidavit, my training, experience, and participation in narcotics investigations, and my conversations with other law enforcement officers, there is probable cause to believe that the Subject Premises are locations being used for the storage and distribution of narcotics, narcotics proceeds, and the facilitation of narcotics offenses. Additionally, there is probable cause to believe that the BGF is an association-in-fact racketeering enterprise, and the Subject Premises are used by the enterprise to further the

enterprise’s illegal activities. 70. Based upon my training and experience and my

participation in this and other narcotics investigations, as well as my conversations with other agents, I know the following:

100

a.

Narcotics traffickers often maintain on hand

large amounts of both narcotics and currency in order to maintain and finance their on-going narcotics business, as well as

paraphernalia used in the manufacture, packaging, preparation, and weighing of illegal narcotics in preparation for trafficking, and narcotics traffickers maintain these items where they have ready access to it. b. records and Narcotics traffickers often maintain financial instruments profits related from to their narcotics

financial and the

transactions

derived

those

transactions

including, but not limited to, currency, bank checks, cashiers checks, Western Union receipts, money orders, stocks, bonds,

precious metals, and real estate records; c. Narcotics traffickers frequently maintain records of their narcotics transactions including, but not limited to, books, ledgers, records and other documents and relating to the of

manufacture,

transportation,

possession,

distribution

controlled substances.

Such documents are frequently maintained

where the traffickers have ready access to them, including in their homes; d. Narcotics traffickers commonly maintain books,

records and other documents that identify and contain the names, addresses and/or telephone or pager numbers of associates in their narcotics-trafficking or money-laundering activities, including, but

101

not

limited

to:

address

books,

telephone

books,

rolodexes,

telephones, pagers, or personal digital assistants with stored telephone information, notes reflecting telephone and pager numbers, photographs (to include still photos, negatives, movies, slides, video tapes, and undeveloped film), and audiotape recordings of conversations, machines; e. Narcotics traffickers commonly maintain including those made over telephone answering

identification and travel documents, including, but not limited to, tickets, transportation schedules, passports, notes and receipts related to travel, and motel/hotel receipts; f. Indicia of occupancy, residency and/or ownership

of the premises to be searched are often present in such premises; g. Narcotics traffickers commonly maintain many of

the foregoing items in computer files; and h. Narcotics traffickers commonly maintain the

foregoing items inside combination or key-lock safes or strong boxes, suitcases, locked cabinets and other types of locked or closed containers, or hidden compartments, which are secreted in locations such as the SUBJECT PREMISES, where they may maintain these items securely. 104. I am further aware based upon my training and

experience and my participation in this and other investigations, as well as my conversations with other agents that:

102

a.

Gang members will often maintain and/or possess

a roll call where they list the gang name and then list the members’ names below. Roll call lists often include dollar amounts that

signify and track dues payments made by gang members at meetings. They may also list the names of allies and rival gangs. Dues are

used to help certain gang members who are incarcerated for acts of violence and/or drug trafficking post bail or obtain an attorney. They are also used to purchase weapons or as a “tithe” to higherranking gang members. b. Gangs use graffiti to mark their territory and

graffiti can be used to disrespect or make threats against rival gangs, by crossing out the rival gang’s graffiti, or “tag,” and placing their own “tag.” “Tagging” is an activity where the

participants and/or gang adopt a unique written nickname known as a “tag.” Gang members “tag” on public or private property and will

often include the gang name in order to show the gang’s area of control and their personal affiliation with the gang. The writing

of the “tags” results in the crime of destruction of property. “Taggers” often write their friends’/fellow gang members’ names in tagging scrapbooks. They also record their “tags” in these books

and will cut out newspaper articles on graffiti and put them in their scrapbooks. They often will write their unique “tag,”

nickname, and/or gang name on their personal property to identify their property or to practice their tag. This personal property

103

often includes papers, sketchbooks, bedroom walls, backpacks, and other personal items. They will sometimes try variations of their

“tag” to see how it looks when done differently. Gang members often possess many items such as spray-paint and wide tip marking pens for this purpose. c. Gang members will often maintain photographs, video recordings, clothing, drawings, letters, notes, cards, or other correspondence which show their association and/or membership with the gang as well as their relationship to other members and associates sometimes of the gang. the gang These videotapes and/or photographs acts,

depict

members

committing

criminal

admitting to the crimes, and making threats against rival gangs. The correspondence often contains directives from more senior

incarcerated gang members instructing persons on the street to carry out various criminal acts and must be maintained by persons on the street as their proof that they have the authority to commit certain criminal acts. The correspondence also often includes discussions

about criminal acts committed on behalf of BGF. This correspondence constitutes evidence of criminal acts committed in furtherance of the underlying criminal enterprise but also documents the gang member’s association with that enterprise. Your affiant also knows

that gang members in this investigation have referred to and used the Internet to contact other members. Your affiant knows that

there are websites that gang members use to establish profiles and

104

to identify and locate other gang members. d. Gang members keep in close contact with members They often These lists

of their gang as well as members of allied gangs. maintain phone and address lists of their associates.

will typically include the person’s nickname or “street name” as well as their real name. Gang members have been known to use

beepers, cell phones, and two-way digital radios to keep in contact with each other and to plan and advise about gang meetings. members often communicate with each other through Gang

letters,

particularly when they are incarcerated.

Their letters sometimes

detail criminal acts they have done as well as referring to other gang members and disclosing their identities and crimes they have committed. e. Gangs, including BGF, have books or other

documents that set forth the rules and/or code of conduct for members of the gang. by gang members. These books are distributed to and maintained

BGF members are required to study, and are tested

on their knowledge of, these materials. f. BGF members use prepaid credit cards as a means

of financing the gang’s illegal activities, and often maintain such cards and documents relating to such cards. g. Based on participation in this investigation as

well as discussions with other law enforcement officers, I know that the type of documents and records described above are typically

105

found at the residences of gang members and that such evidence assists in proving the allegiance of a particular individual to the gang. I am aware from search warrants conducted in connection with

this and other gang investigations that document(s) that refer or relate to the individual’s membership in the gang are often located among the individual gang member’s personal belongings. A. SUBJECT PREMISES #1 - 1120 Homewood Avenue, Baltimore, Maryland 105. investigation, Based on evidence developed provided by during this

including

information

confidential

sources and calls intercepted during wiretaps, I have learned that Kimberly McIntosh, a/k/a “Sister Kim,” is the highest ranking female member of BGF in Baltimore. As more fully described above, calls

intercepted over the wiretaps in this investigation indicate that McIntosh is responsible for the finance of the BGF on the streets of Baltimore. Additionally, she utilized Subject Premise #1 for the cutting, packaging, the sale of heroin, and other controlled

substances, as well as near daily meetings of other high ranking members of BGF. During these meeting, various racketeering

activities of the BGF are discussed and debated among the ranking structure of BGF, to include, the sale of drugs, acts of violence, and the disciplining of non-compliant BGF members. the calls summarized above, throughout the In addition to law

investigation

enforcement has intercepted conversations between McIntosh and others discussing the use of Subject Premise #1. 106 For example:

a.

On March 7, 2010, at approximately 11:09 a.m.,

Duncan placed an outgoing call to Jermain Davis a/k/a Dirty Rice. During the conversation Duncan asked, "You got some empty caps?" Davis answered, "Yeah." Duncan responded, "I need them yo. I'm

over Sis house (a reference to Sister Kim’s house, Subject Premise #1)." Davis responded, "Alright." and other Based on their training and developed during this

experience

information

investigation, law

enforcement agents believe that Duncan was

advising Davis that he needed some "empty caps" (a reference to gelatin capsules used for packaging heroin). Davis advised that he

had what Duncan needed at which time Duncan told Davis to bring the item to "Sis house" (McIntosh's residence, Subject Premise #1.). b. Duncan received On March 8, 2010, at approximately 6:21 p.m., an incoming call from Davis. During the

conversation Davis asked, "Where you at yo?" had to dip off."

Duncan answered, "I Duncan

Davis asked, "Oh you coming back?"

responded, "Yeah go to the house and get it." "Alright."

Davis responded,

Duncan continued, "Alright I'll be back though but go Based on their training and experience

to the house and get it."

and other information developed during this investigation, law enforcement agents believe that Duncan was advising Davis to go to McIntosh's, 1120 Homewood Avenue, Subject Premise #1, and obtain the heroin which Davis was to sell. On March 7, 2010, SOI #1 notified

law enforcement that Duncan had called he/she on (410)599-5750, the

107

Coil Cellphone, and instructed

SOI #1 to have Davis come to

McIntosh's residence because he (Duncan) needed Davis to sell heroin for McIntosh. A short time after law enforcement received the

information from SOI #1, surveillance officers observed Duncan meet with Davis near the McIntosh residence. c. On March 21, 2010, at approximately 2:39 p.m.,

Duncan placed an outgoing call to (443)540-5082 utilized by an unidentified male (UM). "Where you exactly at?" During the conversation Duncan asked, The UM responded, "Um I'm coming from

church brother. Now is not a good time. Hello." Duncan responded, "I'm listening." brother. The UM advised, "Yeah now is not a good time Duncan spoke to McIntosh in the

I'm coming from church."

background, "He say he ain't gonna be able to make your all meeting he coming from church." out a church?" McIntosh responded, "Ok what time he get The

Duncan advised, "He coming from church now."

UM asked, "Where the brother, where the brother at?"

Duncan

responded, "No it's (unintelligible). No I ain't talking about that situation. I'm talking about you need to get with these, with your (Unintelligible) obligation. Your obligation, if The UM yelled, "Stop So

other brothers.

you can't fulfill it then let me know now." the bull crap alright yo." could you make it or not?" from church.

Duncan responded, "It's a meeting.

The UM yelled, "I told you I'm coming (Unintelligible) loud on me when What you doing man?

What can I do yo?

you in front of them niggers, Donnie (Duncan).

108

What you gonna do yo?"

Duncan responded, "That's what I'm asking. The UM responded, "Alright I can't

You can't make it let me know." do it yo." d.

On March 21, 2010, at approximately 2:44 p.m.,

Duncan received an incoming call from the same UM as the preceding call. During the conversation the UM advised, "You cannot be upset Duncan

with these little, little spur of the moment meetings."

responded, "I don't got nothing to do with the committee they, they call the meetings brother. You see what I'm saying? And…" McIntosh was then heard in the background, "It's like, and it's an

emergency." Duncan continued, "It's an emergency, it's an emergency meeting and if you can't make then you can't make it." spoke to an unknown person on another phone. Duncan then

Duncan then returned But everybody is

to the UM and said, "There ain't nobody here yet.

on their way here (a reference to McIntosh’s residence, Subject Premise #1)." Duncan explained that he and "Smiley" were the only The UM advised that he was on and experience and other

individuals at McIntosh's residence. his way. Based on their

training

information developed during this investigation, law enforcement agents believe that during the preceding two calls Duncan, McIntosh and other high ranking BGF members were having an unscheduled "emergency" BGF meeting and wanted every high ranking BGF member to be in attendance. During these calls, law enforcement was

monitoring a camera positioned to view the 1100 block of Homewood

109

Avenue, the location of Subject Premise #1.

Law enforcement was

able to observe Duncan, Harried, a/k/a Smiley, and Erik Ushry near the entrance to Subject Premise #1. 106. 1120 Homewood Road, Baltimore, Maryland, identified herein as Subject Premise #1, is a three story painted red brick row home with a white entry door with a white mailbox to the left of the entry door. I have learned from records maintained by Baltimore Gas and Electric (“BGE”) that the utilities for Subject Premise #1 are in the name of Danisha M. McIntosh. 107. Beginning on or about March 5, 2010, law enforcement installed a pole camera. The camera maintained a view of the 1100

block of Homewood Avenue, on the same side of the street as Subject Premise #1. Because of the location of the camera, law enforcement

could not view the front door of Subject Premise; however, it was possible to view individuals approaching the location. At various

times during this investigation, law enforcement was able to observe Duncan, McIntosh, Harried, and others going to and from Subject Premise #1. As recently as April 5, 2010, law enforcement has

surveilled McIntosh entering and exiting this location. 108. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #1 the items set forth in Attachment A, which constitute evidence, fruits and/or

110

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering, and 18 U.S.C. § 1956(d), which prohibits conspiracy to launder money. B. SUBJECT PREMISES #2 Baltimore, Maryland 109. investigation, Based including on 4007 Fordleigh developed provided by Road, Apt C., this

evidence

during

information

confidential

sources and calls intercepted during wiretaps, I have learned that Todd Duncan, a/k/a “Donnie,” is the citywide commander of BGF. As

more fully described above, calls intercepted over the wiretaps in this investigation indicate that Duncan participates in the daily operation of the BGF enterprise and supervises all facets of BGF’s illegal activities to include: the sale of drugs, acts of violence, and the disciplining of non-compliant BGF members. 110. The residence at 4007 Fordleigh Road, Apartment C,

Baltimore, Maryland, identified herein as Subject Premise #2, is the residence of Todd Duncan, a/k/a “Donnie.” The main entrance to

Subject Premise #2 is glass door with a blue awning with the numbers 4007 in white on the awning. The apartment is a green door on the 111

second floor to the left of the entry with the letter C affixed in the center of the door. 111. On February 16, 2010, law enforcement agents At

established surveillance in the area of Subject Premise #2.

approximately 9:00 a.m., Duncan was observed exiting the apartment building, 4007 Fordleigh Road, with a small child. Duncan placed

the child in a gray 2001 Chevy Tahoe with Maryland registration 42124M2. After Duncan was observed exiting the apartment building,

law enforcement requested the utilities for all apartment units in 4007 Fordleigh Road. Based on these requests, law enforcement

learned that Apartment C has utilities in the name of Chamera Wilson. According to SOI #1, whom SOI #1 described as Mia Wilson, SOI #1's description of the

Wilson is the girlfriend of Duncan.

location of Duncan’s residence matched the location for Subject Premise #2. Further, on March 31, 2010, law enforcement established surveillance at Subject Premise #2, at approximately 7:55 a.m., law enforcement observed Duncan exit the apartment building, 4007

Fordleigh Road, on his way to court for his January 6, 2010 arrest for making a false statement to an officer (discussed above). Finally, electronic surveillance authorized by the orders to

intercept Duncan’s phone places Duncan in the vicinity of 4007 Fordleigh Road most overnights. 112. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations,

112

I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #2 the items set forth in Attachment B, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering and 18 U.S.C. § 1956(d), which prohibits conspiracy to launder money. C. SUBJECT PREMISES #3 - 237 East Lafayette Avenue, 2nd floor, Baltimore, Maryland 113. investigation, Based including on evidence developed provided by during this

information

confidential

sources and calls intercepted during wiretaps, I have learned that Duconze Chambers, a/k/a “Ducon” is a high ranking member of BGF and controls a street level drug shop. In addition to the calls

summarized above, throughout the investigation law enforcement has intercepted conversations between Chambers and others discussing the the sale of drugs from a Chambers’s residences. a. For example:

On February 22, 2010, at approximately 4:27

p.m., Chambers placed an outgoing call to (443)804-8962, subscribed to Crystal Owens at 22 Stockmill Road, Apartment K, Baltimore, 113

Maryland, and utilized by Chips. asked, "What's up Dookie?" Chips asked, "What's up?" continued, "Shit what's up?

During the conversation Chips

CHAMBER responded, "What's up yo?" Chambers responded, "You man." You good?" Chips

Chambers answered, "What I'm trying

time, I told you I'm trying to make that move with you. to holler at you." there."

Chips advised, "Oh alright, I'm gonna come down Chips answered, "I got, listen I

Chambers asked, "When?"

just dropped my girl off all the way out this motherfucker. I'm out Essex. So soon as I leave Essex." In the background, "Well I gotta

turn up here somewhere." Chips responded, "Huh?"

Chambers advised, "Come straight to me." Chambers advised, "Come straight to me." Chambers answered, "Yeah." Chips

Chips asked, "Straight to you?"

responded, "Alright, where you at down the house?" answered, "Yeah."

Chambers Based

Chips ended, "Alright that's what it be."

on their training and experience and other information developed during this investigation, law enforcement agents believe that Chambers was conducting a drug transaction with Chips at Chambers residence, located at 1017 E Preston Street, Baltimore, Maryland, Chambers former residence. b. On February 22, 2010, at approximately 4:46 p.m., Chambers received with an an incoming unknown direct connect call by from an

316010168595225

subscriber,

utilized

unidentified male (UM). "Yo what's up?

During the conversation Chambers advised,

Hey I told you I, I'm not gonna call you until I

114

really got it, you know right.

You said you wanted to check it out. The UM responded,

Main man, me and yo down here now and shit."

"Alright you gotta give me a couple days yo cause I'm, I'm on flat zero right now. I need at least three days. I'll be straight The UM

probably like Wednesday."

Chambers asked, "What you say?"

answered, "Probably like Wednesday. So probably like Wednesday." what it is."

I'm on flat zeros right now.

Chambers responded, "Alright that's

Based on their training and experience and other

information developed during this investigation, law enforcement agents believe that Chambers was in the process of conducting a drug transaction with Chips. During the anticipated drug transaction

Chambers spoke with an unknown drug associate to determine whether the UM wanted to examine, and purchase a quantity of drugs from Chips. The UM advised he currently had no money, but would on Wednesday. c. On February 22, 2010, at approximately 4:52 p.m., Chambers received an incoming call from (443)804-8962, subscribed to Crystal Owens at 22 Stockmill Road, Apartment K, Baltimore, Maryland, and utilized by Chips. During the conversation Chambers

advised, "Come downstairs you here up now yo." Chips responded, "No boy I got Janece with me. "Alright." Come on man." Chambers responded,

Based on their training and experience and other

information developed during this investigation, law enforcement agents believe that Chambers was conducting a drug transaction with

115

Chips at Chambers residence, located at 1017 E Preston Street, Baltimore, Maryland. At approximately the same time as the call,

4:52 p.m., surveillance officers observed a silver 2000 Saturn bearing Maryland registration 8ADH25 park near Chambers's residence. A few moments later, the male driver of the 2000 Saturn entered 1017 E. Preston Street. registered to A query of the MVA revealed the vehicle is Lorraine Owens, 2650 Lauretta Avenue,

Crystal

Baltimore, Maryland, the same name as the subscriber of the cell phone utilized by Chips. 114. On March 29, 2010, at approximately 2:35 p.m.,

Chambers received an incoming call from (443)762-5482, utilized by Mark Johnson. During the conversation Johnson asked, "You at work?" Chambers answered, "No at my house." house." Johnson responded, "Up your

Chambers continued, "Yeah on Lafayette and Guilford." I'm a, I'm a,

Johnson advised, "Alright I gotta try to get that. I'm in east Baltimore already.

Um I'm a ready to come that way." I'm gonna be

Chambers responded, "Alright how long you gonna be?

here though." Johnson advised, "Oh alright I ain't gonna be no more than bout a half an hour." Chambers responded, "Huh?" Johnson

advised, "I said I ain't gonna be no more than bout a half an hour." Chambers responded, and "Alright." Based on their training during and this

experience

other

information

developed

investigation, law enforcement agents believe that Johnson was going to meet Chambers at his residence to pick up a drug related item.

116

Johnson advised, "Alright I gotta try to get that" (a reference to a drug related item). Chambers advised that his residence was

located near the corner of Lafayette Avenue and Guilford Avenue. It is believed by law enforcement, based on this call and others indicating that Chambers was moving, that Chambers is currently living with his girlfriend at her residence located at 237 E. Lafayette Avenue 2nd floor, Baltimore, Maryland. at approximately 10:19 a.m., law enforcement On April 2, 2010 was conducting

surveillance at Subject Premise #3, and observed Chambers exit the front door of 237 East Lafayette Avenue. 115. 237 E. Lafayette Avenue 2nd floor, Baltimore,

Maryland, identified herein as Subject Premise #3, is the residence of Chambers, and his girlfriend, who has been previously identified as Renata Harlaque. Premise #3 are in I have learned that the utilities for Subject the name of Renata Clark Harlaque, and a

subscriber to a cellphone that contacts Chambers over his cellphone is subscribed to at Subject Premise #3. Subject Premise #3 is a The numbers 2

three story light gray apartment with a green door. 3 7 are above the door on a brown placard in gold. 116.

Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in SUBJECT PREMISES #3 the items set forth in Attachment C, which constitute evidence, fruits and/or

117

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; and 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering. D. SUBJECT PREMISES #4 Baltimore, Maryland 117. investigation, Based including on 1502 North Aisquith Street, this

evidence

developed provided by

during

information

confidential

sources and calls intercepted during wiretaps, I have learned that Lamont Crooks is an associate of the BGF, and a source of supply of drugs for the organization and others. In addition to the calls

summarized above, throughout the investigation law enforcement has intercepted conversations between Crooks and others discussing the sale of drugs from locations utilized by Crooks, including Subject Premise #4. For example: a. On March 21, 2010, at approximately 7:46 p.m.,

Crooks received an incoming call from (443)600-0645, utilized by Earle Moore, a/k/a Harold Moore. asked, "What's up Big Homie?" what's happening with you?" During the conversation Moore

Crooks responded, "Ain't nothing

Moore responded, "Hey I got that for

you." Crooks responded, "Alright, alright. I'm a um, what you, you 118

still around the way?"

Moore responded, "Huh?"

Crooks asked, "You

still around, around the way or you at your house?" Moore answered, "Nah I', I'm home." Crooks responded, "Oh alright, alright. Moore responded, "Alright." I'm Based

a try to shoot through there."

on their training and experience and other information developed during this investigation, law enforcement agents believe that Moore had drug proceeds that he owed to Crooks from a past drug

transaction.

Moore advised, "Hey I got that for you" (a reference

to drug proceeds.) b. Crooks received On March 21, 2010, at approximately 10:08 p.m., an incoming call from Moore. During the

conversation Crooks advised, "Hey yo I been waiting on this still, on a mother fucking ride man. Mother fucking taking kind of long.

So I might just have to get with you like early in the morning or something." Moore responded, "Alright cause I get up, I, I'll be up like early in the morning like seven, eight." "Alright so that'll work. to you. Yeah so I, you know. Crooks responded, I'll be straight

Oh, I mean you in though right."

Moore responded, "Yeah."

Crooks continued, "What time, what time you going out tonight?" Moore advised, "Oh I ain't even going back out tonight. I'm, I'm…"

Crooks responded, "No I'm talking about what time you going to sleep?" Moore answered, "Oh I'm up for a second. Just hit me."

Crooks responded, "Alright yeah so if, you know if this nigger, if he ever come through. Then, you know what I'm saying? Crooks

119

explained that he does not have a vehicle to drive at the current time. Crooks advised, "So you know I'll hit you back tonight or you know, or tomorrow morning." Moore responded, "Ok." Based on their

training and experience and other information developed during this investigation, law enforcement agents believe that Crooks and Moore had planned a drug related meeting; however, currently Crooks did not have a ride to meet with Moore. Crooks advised that they may

have to conduct their drug related meeting the following morning. c. Crooks received On March 22, 2010, at approximately 8:58 a.m., an incoming asked, "Yo call from up Moore. Big During the

conversation

Moore

what's

Homie?"

Crooks

responded, "Ain't nothing man.

I'm waitin', I'm waitin' on the uh, Moore responded, "Alright."

the Homie to come swoop me now."

Crooks asked, "Alright so what you, you still at the house or you gonna be down the way?" gonna be at one of em'. my uncle want. need me to." mobile?" Moore answered, "Uh, I'm a probably, I'm Cause I'm, I'm getting ready to see what

Cause if you need me to I can bring it to you if you Crooks responded, "Oh alright um, what's, are you

Moore responded, "I, when my uncle come he a bring me

wherever I needed to go at." Crooks responded, "Oh alright." Moore continued, "That's why I (unintelligible) hand it to you. Cause

mother fucker's keep calling me worrying me and I'm like shit I just got up. Like damn." Crooks responded, "Yeah. Alright…" Moore

advised, "(Unintelligible). I, I can call you and find out what you

120

want me do." Crooks responded, "Alright so um that, that, the other thing we'll just, you, you want that?" Moore responded, "Well yeah, I'd grab and go ahead, go ahead and do that." Crooks responded,

"Alright, alright so um, that way I'll know cause I'm a have to run, you know. Well I mean, just let, let me know when he, hit me when Then that way I know what I have to um do." Moore

he get there.

responded, "Alright yeah but I'll go ahead and grab that, alright." Crooks responded, "Alright." Based on their training and experience and other information developed during this investigation, law enforcement agents believe that Crooks and Moore had planned a drug related meeting during which Moore was to give Crooks drug proceeds and in turn Crooks was going to supply Moore with a new quantity of drugs. Moore advised, "Alright yeah but I'll go ahead and grab Crooks responded,

that, alright (a reference to obtaining drugs.)”

"Alright" (an agreement to supply Moore with a new quantity of drugs.) d. Crooks received On March 22, 2010, at approximately 9:09 a.m., an incoming call from Moore. During the

conversation Moore advised that he had a ride to come and meet with Crooks. Road?" Crooks asked, "You know where the Rite Aid at on Harford Moore answered, "Yeah." Crooks continued, "Harford in Moore responded, "Yeah." Crooks

between like Federal and Oliver?"

advised, "Yeah meet me right there." Based on their training and

Moore responded, "Alright." and other information

experience

121

developed during this investigation, law enforcement agents believe that Crooks and Moore had planned to meet at the Rite Aid located at 1521 Harford Road to conduct a drug transaction. e. Crooks received On March 22, 2010, at approximately 10:03 a.m., an incoming call from Moore. During the

conversation Moore advised, "I'm here." Crooks responded, "Alright, alright I'll be right there." During this conversation law

enforcement established surveillance at the Rite Aid located at 1521 Harford Road, approximately three blocks from Crooks’s residence. A few minutes after this conversation, Crooks walked onto the parking lot and met with Moore and George Cunningham, the driver of the vehicle. Moments later, Crooks, Moore, and Cunningham entered

Cunningham’s vehicle and left the lot. Law enforcement followed the vehicle to the 1500 block of Aisquith Street. Crooks then exited

the vehicle and walked to the front door of his residence located at 1502 Aisquith Street, Subject Premise #4. then drove out of the area. Moore and Cunningham

Based on the calls between Crooks and

Moore, as well as the surveillance of the drug related meeting, a car stop was conducted on the vehicle occupied Cunningham. a clear by Moore and

Upon approaching the vehicle, law enforcement observed containing numerous gelatin capsules containing

bag

suspected heroin inside of the vehicle. were arrested.

Both Moore and Cunningham

Based on their training and experience and other

information developed during this investigation, law enforcement

122

agents believe that Crooks had supplied the heroin seized from Moore and Cunningham during their meeting at the Rite Aid located at 1521 Harford Road. It is believed by law enforcement that Crooks

obtained the heroin from his residence located at 1502 Aisquith Street and returned to the residence, Subject Premise #4, with the money discussed with Moore in the preceding calls. 118. The residence at 1502 North Aisquith Street,

Baltimore, Maryland, identified herein as Subject Premise #4, the residence of Lamont Crooks, is a two story brick row home with a red front entry door with the numbers 1502 displayed on the right side of the building near the entry door. On March 18, 2010, law At

enforcement established surveillance at Subject Premise #4. approximately 10:32 a.m., in backyard of the that

Crooks was observed smoking a cigarette location. Later that same day, at

approximately 11:35 a.m., law enforcement observed Crooks exit Subject Premise #4 via the front door. 119. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #4 the items set forth in Attachment D, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

123

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering and 18 U.S.C. § 1956(d), which prohibits conspiracy to launder money. E. SUBJECT PREMISE #5 Baltimore, Maryland 120. investigation, Based including on 2004 East Baltimore Street, this

evidence

developed provided by

during

information

confidential

sources and calls intercepted during wiretaps, I have learned that Davon McFadden, a/k/a Ben, is a BGF member. McFadden and Duncan

sometime pool their money to purchase larger quantities of drugs. On several occasions during this investigation law enforcement has intercept conversations demonstrating McFadden’s involvement in the BGF criminal enterprise. a. Duncan placed an For example:

On March 2, 2010, at approximately 8:31 p.m., outgoing call to (443)759-2466, utilized by

McFadden.

During the conversation Duncan advised, "Yo I had to go McFadden asked, "He's

back to work right but yo good though." straight?" Duncan answered, "Yeah."

McFadden responded, "Alright

tell him, alright I'm about, I'm, I'm, I'm probably gonna have to wait. I'm gonna see what's up though. else. You can Based take on that their for See if yo give me something Duncan responded, and other

yourself." and

"Alright."

training 124

experience

information developed during this investigation, law enforcement agents believe that Duncan was advising McFadden that "yo", (a reference to a UM, whom Duncan was observed by law enforcement having a drug related meeting with at 8:00 p.m., the same day) had the money to purchase a quantity of drugs from Duncan. Duncan

advised McFadden of this to ascertain whether McFadden wanted to participate in the drug transaction with the UM. "I'm probably gonna have to wait. See if yo give me something else. McFadden advised,

I'm gonna see what's up though. You can take that for yourself."

It is believed by law enforcement that Duncan and McFadden on occasion work together selling drugs when a large purchase is requested. This type of working relationship is common within the High ranking members of BGF not only want

hierarchy of BGF.

themselves to be successful in their criminal endeavors but also want gang members to be able to live a comfortable life. b. Duncan received On March 5, 2010, at approximately 11:24 a.m., an incoming call from McFadden. During the

conversation Duncan said, "Yeah I just calling you letting you know the knockers (police) was around there." Duncan asked, "You heard me?" McFadden asked, "What?" Duncan

McFadden asked, "What?"

advised, "I was calling to let you know them knockers was around there. what?" On Biddle and Greenmount." McFadden responded, "You said Based on

Duncan responded, "The police yo, the police."

their training and experience and other information developed during

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this investigation, law enforcement agents believe that Duncan was warning McFadden that the police were in the area of Biddle Street and Greenmount Avenue, an area where McFadden sells drugs. During

this time frame law enforcement was notified that a Baltimore City Narcotics squad was making drug arrests in the area of Greenmount Avenue and Biddle Street. c. On March 5, 2010, at approximately 2:25 p.m.,

Duncan placed an outgoing call to McFadden. During the conversation Duncan advised, "Hey you know Trap locked up to yo." responded, "Yeah I know Lope told me. right after he came and seen me. McFadden

He said he got locked up I said I had got

(Unintelligible)

a little something from Ensor Street and shit. locked up by them. (Unintelligible)."

That's when he got

Duncan responded, "Oh Based on their training developed during this

alright then that's all I wanted to know." and experience and other information

investigation, law enforcement agents believe that Duncan was inquiring of McFadden the circumstances of "Trap’s" arrest. McFadden advised, "He said he got locked up right after he came and seen me" (a reference to Trap being arrested after obtaining drugs from McFadden). The arrest of "Trap" matches the drug arrest conducted

by the Baltimore Police Department earlier in the day. d. On March 22, 2010, at approximately 11:35 a.m.,

Duncan placed an outgoing call to McFadden. During the conversation Duncan advised, "Yo they just raided what's a name and them house

126

yo."

McFadden asked, "Who?"

Duncan continued, "Where Dirty Rice, McFadden asked, "For real?" Duncan Duncan

(a/k/a Jermain Davis), at." responded, "Yeah."

McFadden responded, "Oh my god man."

asked, "You gave him something?" McFadden answered, "Yeah." Duncan responded, "Man." McFadden continued, "God damn yo. Who went in there?" This nigger

got no luck yo. Um, um, um.

Duncan answered,

"Um probably the knockers (police) and the blue and whites." McFadden asked, "Where you at?" Duncan answered, "Around there trying to see what the fucks going on." McFadden asked, "Who out,

who around the way?" Duncan responded, "Huh?" McFadden asked, "Who around the way?" Duncan answered, "Nobody." McFadden asked, "What

made them do that?"

Duncan answered, "Man they raided more, they,

they, his house ain't the only house raided, they going up in. They going in all them houses around there. people houses in that other court." Based They going in like two on their training during and this was

experience

and

information

developed

investigation, law enforcement agents believe that Duncan

advising McFadden that Jermain Davis, a/k/a Dirty Rice, a member of their drug organization had been arrested at his house during a drug raid. McFadden was concerned because McFadden had recently given Duncan asked, "You gave him something?" (a reference

Davis heroin.

to providing Davis drugs.) McFadden answered, "Yeah." It was later learned by law enforcement that Baltimore City narcotics

investigators arrested Jermain Davis, a/k/a Dirty Rice at his

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residence, 847 Abbott Court, during the execution of a search warrant. Seized during the arrest was a quantity of heroin. 121. On March 10, 2010 at approximately 10:45 a.m., law

enforcement established surveillance at 2004 East Baltimore Street, Subject Premise #5. At approximately, 1:14 p.m., law enforcement

observed McFadden exit Subject Premise #5 and enter a gold colored mini-van with a North Carolina registration. On a previous

occasion, December 21, 2009 (discussed above), law enforcement observed McFadden operating a 2002 four door Acura registered in McFadden’s name at Subject Premise #5. On March 31, 2010, law

enforcement again observed McFadden exit Subject Premise #5 and enter the gold mini-van; however the van had different plates and was registered to McFadden at Subject Premise #5. 122. The residence at 2004 East Baltimore Street,

Baltimore, Maryland, identified herein as Subject Premise #5, is a three story brick row home with two windows with green trim to the left of the entry door. A white placard with the numbers 2004 in

black is on the left side of the entry door, and black railing leading to the door. The property is listed to the Housing

Authority for Baltimore City 123. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in SUBJECT PREMISES #5 the items set forth in

128

Attachment

E,

which

constitute

evidence,

fruits

and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering and and 18 U.S.C. § 1956(d), which prohibits conspiracy to launder money. F. SUBJECT PREMISES #6 - 1204 Wilcox Street, Baltimore, Maryland 124. Based on evidence developed during this

investigation, including calls intercepted during wiretaps, I have learned that Jon Brice, a/k/a “Tiger,” is a member of BGF and works along with other members in the distribution of heroin in east Baltimore. Several calls were intercepted during this investigation in which Brice, a/k/a “Tiger,” discussed the distribution of heroin. a. On March 9, 2010, at approximately 10:10 a.m.,

Duncan placed an outgoing call to (410)940-4668, subscribed to Tiger Brice, PO BOX 54988, Irvine, California, utilized by Jon Brice. During the conversation Duncan advised, "I need you to come around here and do something real quick." Brice responded, "Alright." At

approximately 1:24 p.m., Duncan placed an outgoing call to Brice. During the conversation Duncan asked, "Tell me something." 129 Brice

responded, "We good shorty."

Duncan responded, "Alright."

Brice

advised, "On a scale I'd give it an eight." "Alright that's what's up."

Duncan responded,

Based on their training and experience

and other information developed during this investigation, law enforcement agents believe that Duncan obtained a sample of his heroin from McIntosh's house, and transported it to Brice’s house, 1204 Wilcox Street, Subject Premise #6, and then had Brice test the quality of the heroin. According to Brice, on a scale from one to During the course of the

ten he give's the quality an "eight."

these calls surveillance observed Duncan at McIntosh’s residence and the Brice residence. b. On March 18, 2010, at approximately 1:25 p.m.,

Duncan placed an outgoing call to (443)467-7687, utilized by Brice. During the conversation Duncan advised, "Meet me around there." Brice responded, "Alright." yeah meet me around there. alright." Duncan continued, "I'll call you when, I'm on my way around there now, Duncan advised,

Brice responded, "Alright, alright."

"I'm gonna be about ten minutes."

Brice responded, "Alright."

Duncan said, "They set around, go around and sit down there on the steps." Brice responded, "Alright." and other information Based on their training and developed during this

experience

investigation, law enforcement

agents believe that Duncan was

instructing Brice to meet him (Duncan) at McIntosh's home, so Brice could handle a drug related matter for Duncan. Shortly after the

130

call law enforcement observed Brice approach the McIntosh residence on a bike. A short time later, Duncan arrived and approached the

front of McIntosh's residence. Moments later, Duncan and Brice were observed leaving the front of the residence. Brice then rode on the bike toward his residence located at 1204 Wilcox Street. minute's later agents and officers observed Brice A few his

enter

residence.

Based on their training and experience and other

information developed during this investigation, law enforcement agents believe that Duncan was having Brice handle a drug related matter for him. During the course of the investigation Brice has

been identified as a tester or quality control advisor for heroin that is sold by Duncan. On at least one occasion, Duncan has been

observed leaving McIntosh's residence, 1120 Homewood Avenue, Subject Premise #1, and shortly thereafter entering the residence of Brice. After staying only a short period of time, Duncan then left Brice’s residence and departed the area. Shortly after leaving Brice's

residence Duncan spoke with Brice over the telephone and was informed by Brice of the quality of some heroin. c. On March 19, 2010, at approximately 12:15 p.m., During the conversation Brice responded, "Nah I'm

Duncan placed an outgoing call to Brice. Duncan asked, "You in the house Tiger?" around here on Ensor Street."

Duncan advised, "So I need, I need Brice asked, "You need to get "Yeah." Brice responded,

to get in your house for a minute." in the house?" Duncan answered,

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"Alright."

Based on their training and experience and other

information developed during this investigation, law enforcement agents believe that Duncan needed access to Brice's home, 1204 Wilcox Street, Subject Premise #6, to conduct drug related business, specifically the mixing and packaging of heroin. Brice allow Duncan to use his home for his drug business. d. Chambers received On March 14, 2010, at approximately 5:31 p.m., an incoming asked, call “Who’s from Duncan. Duncan During the

conversation “Donnie.”

Chambers

this?”

answered, Duncan

Chambers responded, “What’s up, ain’t shit.”

responded, “Yeah, hey do me a favor.”

Chambers responded, “Yeah.”

Duncan continued, “Call Tiger (Brice) and just see, see if he’s in the house (Subject Premise #6) and then call me right back.” Chambers responded, “I don’t know. Cause they just bust his windows out.” windows out?” asked, “Why?” I don’t think he in there. Duncan asked, “Who bust his Duncan

Chambers answered, “Little Darry and them.”

Chambers answered, “Man I think, I think he owes Duncan

them, he said, he said that shorty money got stolen.” responded, “Got stolen?”

Chambers continued, “Yeah like you know

Darian was staying there and like four hundred and something dollars.” Duncan responded, “Damn.” Chambers continued, “Yeah you Duncan responded, I just rode past Based on

know Terry got that white boy in there too.” “Right. there.” Well the windows don’t look that bad.

Chambers explained that he would call Brice.

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their training and experience and other information developed during this investigation, law enforcement agents believe that Duncan wanted Chambers to contact Brice so he (Duncan) could meet with Brice to discuss drug related business. Chambers advised that Brice was unlikely to be home because he is being held responsible for the theft of four hundred dollars of drug money belonging to Darry a/k/a Darian. 125. The residence at 1204 Wilcox Street, Baltimore,

Maryland, identified herein as Subject Premise #6, is the residence of Jon Brice, a/k/a “Tiger.” Subject Premise #6 is a two story

brick row house with a black screen/metal door, and green front entry door, with the numbers 1204 in black affixed to the entry door. 126. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #6 the items set forth in Attachment F, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of

133

drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering and 18 U.S.C. § 1956(d), which prohibits conspiracy to launder money. G. SUBJECT PREMISE #7 - 1619 Riverwood Road, Essex, Maryland 127. Based on evidence developed during this

investigation, including calls intercepted during wiretaps, I have learned that James Harried, a/k/a “Smiley,” is a member of BGF. Harried’s presence has been requested on several occasions by BGF members to participate in the investigations of BGF member, who are accused of violating BGF rules. a. On February 14, 2010, at approximately 1:06 p.m., Chambers placed an outgoing call to Harried. As the call was being

placed Chambers, is heard in the background saying, "Where the fuck Taterman at? He said the security guard, nah he said Taterman just I said what the fuck going on? He said the

knocked a nigger out.

nigger threw some water.

So Lamont like yo everybody, I said man Chambers Chambers

I don't know who up…" Harried then answered the call. said, "Hello Smiley." Harried responded, "Yeah."

continued, "This Ducon (Chambers) man."

Harried said, "What's up?"

Chambers continued, I'm, I'm, I'm telling this, I'm, I'm calling you man because they, I need to see you man cause…" Harried asked, "Why what's up?" Chambers answered, "Alright, why because um, you know

Donnie (Duncan) say um, um Black running me through and, and, and, and he running me through for something that I don't have, I really

134

didn't have knowledge of. asked, "What?"

You know what I'm saying?"

Harried

Chambers continued, "I didn't have knowledge of." Chambers answered, "Rome,

Harried asked, "Who the hell is Black?"

that's his name Black, Rome." Harried responded, "Alright, um, you, you need to see me now or, or…" Chambers answered, "Well you close

by?" Harried answered, "No I'm out in the county." Chambers asked, "Alright so you good to come down tomorrow then?" Harried

responded, "Yeah."

Chambers responded, "Alright."

Harried asked, Harried

"This your number right?"

Chambers answered, "Yeah."

advised, "Alright I'm gonna call you as soon as I get in town." Chambers responded, and "Alright." Based on their training during and this

experience

other

information

developed

investigation, law enforcement agents believe that Chambers wants to meet with Harried, a/k/a Smiley, a high ranking BGF member, to explain his version of the events surrounding the fight and Black's request to have Chambers "run through" for not assisting fellow BGF members in the fight. CS2 had previously identified “Smiley” as one of the BGF members who took part in having CS2 sanctioned

(physically beaten) for the misappropriation of BGF funds. b. On February 15, 2010, at approximately 5:04 p.m., Chambers placed an outgoing call to (443)909-5173, utilized by Roddy. Upon answering the call, which was on speaker mode, Chambers advised, "I said we got Unc here now. But I'm saying, I was telling

them about the situation and shit. I was letting them know that you

135

was there too."

Roddy responded, "Right."

Harried, a/k/a Smiley, Roddy

a/k/a Unc asked, "Like ok, can you tell me what happened?"

explained, "Alright as far as um, I mean I would say far as anybody being aware of the situation, I would say that's impossible because it's like, you know we was all there but like the brother didn't put us on point basically. So like when it happened it was just, far

as it, you know just being spontaneous and then you know just a whole shit just broke out. Cause like, you know what I mean? Once

the shit went down everybody just went everywhere. So you know it's dark and you can't tell who's who and…" Harried responded, "Yeah." Roddy continued to explain his version of the events regarding the fight. Chambers then chimed in and began explaining his version of Based on their training and experience and other

the events.

information developed during this investigation, law enforcement agents believe that Chambers, Harried, and other unknown males were together and speaking with Roddy on speaker phone regarding the fight and the events that led to the investigation of Chambers. Ultimately, Harried was in charge of conducting the investigation for BGF. c. On February 20, 2010, at approximately 4:27 p.m., Chambers received an incoming call from Harried. unanswered and went to voicemail. The call went

As the call was being connected,

Harried was heard in the background stating, "Nah matter a fact, uh, matter a fact sell him a hundred." An unidentified male, again in

136

the background, responds, but was unintelligible.

Harried then

continued, "That or that, either one." The unidentified male asked, "Yeah but can, can he handle it?" experience and other Based on their training and developed during this

information

investigation, law enforcement agents believe that Harried was advising one of his drug associates to sell an unidentified person a quantity of drugs, "sell him a hundred." d. On March 21, 2010, at approximately 12:56 p.m.,

Chambers received an incoming call from (443)600-5191, subscribed to Lawanne Jackson, 1619 Riverwood Road (Subject Premise #7), Essex, Maryland, utilized by Harried. During the conversation Chambers

advised, "Soon as Rudy bring the whatya call’m to me I'm, I'm a shoot that, the hundred down there probably to you or Sister Kim (McIntosh)." Harried responded, "Yeah give it, give it to a, give it to Sis (McIntosh) cause um we out, we out right now." responded, "Alright where you at?" Chambers

Harried answered, "Uh going to

take care of something." Chambers responded, "Oh ok. I thought you all was, oh he, oh did you go down there?" "Huh?" Harried responded,

Chambers advised, "You know, you know double R was down Harried responded, "Yeah, yeah, yeah I got it."

Sister Kim house."

Chambers advised, "You already, you, I was just down there." Harried responded, "Oh so you already know about it." Harried

responded, "Yeah we get ready to go take, straighten the shit out now." Chambers responded, "Oh ok, alright." Harried advised, "So

137

I'll, I'll, I'll tell you when we get down there."

Based on their

training and experience and other information developed during this investigation, law enforcement agents believe that there was a BGF meeting that was to occur at McIntosh's residence. meeting each member was to pay their BGF dues. During the

Additionally, prior

to the meeting, Duncan and Harried were handling an unidentified problem with a BGF member. Harried advised, "Yeah we get ready to

go take, straighten the shit out now." e. Duncan received On March 19, 2010, at approximately 9:02 a.m., an incoming call from Harried. During the

conversation Duncan asked, "Kevin locked up?"

Harried answered, He said,

"Yeah he, he um need four hundred more dollars to get out. she said, he said if I got it, trying to get out. like six thousand dollars (unintelligible).

He said he got

I guess she got the

rest, she got some of the money but she needs four hundred more." Duncan advised, "I'm gonna call Ben (McFadden) and them." Harried

asked, "Alright you uh, you want this number so you can call the girl back?" Duncan responded, "I don't want to talk to her."

Harried asked, "Oh you gonna give it Ben (McFadden) and them?" Duncan responded, "I'm, I'm a call Ben and them and tell Ben to call you. But I'm gonna tell him what, what to do though. But when I

get the money, once they get the money then they just call her and give her the money to get, bail yo out." "Alright that's what's up." Harried responded,

Duncan asked, "Yeah what's up with you

138

though?" Harried answered, "Nothing I'm like she's like, she's like can I speak to ‘brother Smiley.’ Duncan responded, "Yeah." I'm like who the fuck is this?"

Smiley continued, "You know he wrong for He supposed to (unintelligible)."

doing that shit like that.

Duncan responded, "Yeah, right and my thing is I gave him a hundred dollars, he owes Sis (McIntosh) three hundred dollars, he say he was getting put out and all this shit. he can go get his car fixed." I give him a hundred dollars so Duncan

Harried responded, "Yeah."

continued, "He got to much shit going on with him."

Harried asked,

"Alright you want to let him sit for a while we can let him sit for a while, if you want to let him sit." Duncan responded, "Yeah he You feel

wants, I'm, I'm a make sure they don't raise his bail.

what I'm saying?" Harried responded, "Yeah." Duncan continued, "Or whatever but um man nobody keep going through all that shit." Harried responded, "Alright let him sit for a while. how I feel." Shit you know

Duncan then instructed Harried to call and find out Based on their training and developed during this

the reason for Kevin’s incarceration. experience and other information

investigation, law enforcement agents believe that Harried was advising Duncan that BGF member Kevin needed additional bail money. Duncan explained that he would advise McFadden and have him

(McFadden) call Harried.

Ultimately, Duncan and Harried agree to

let Kevin sit in jail for a while to show him that he can't keep breaking the law, getting caught and expecting BGF to come to his

139

rescue. f. Duncan received On March 19, 2010, at approximately 11:04 a.m., an incoming call from Harried. During the

conversation, Harried advised he spoke with a female regarding Kevin. Harried asked, "You want to let him sit? Cause if you want

to let him sit I, I, I won't call her back." no we gonna get him.

Duncan answered, "No,

But my, my, my thing is as soon as Ben

(McFadden) put some minutes on his phone I'm gonna tell him to go around and collect some dues from everybody and get his ass out. But man that shit crazy." Harried advised, "Yeah but he still gonna have to pay when he get out though." gonna pay that shit when he get out." experience and other information Duncan responded, "Yeah he Based on their training and developed during this

investigation, law enforcement agents believe that Duncan was going to have BGF member McFadden collect dues from BGF members in the community to post Kevin’s bail. 128. 1619 Riverwood Road, Baltimore, Maryland, identified herein as Subject Premise #7, is the residence of James Harried, a/k/a “Smiley.” Subject Premise #7 is a two story red brick row

house with a white entry door and the numbers 1619 in black on a white placard to the left of the door. The entrance is covered by According to

a roof with a black railing leading to the entry.

records maintained by BGE, the utilities for Subject Premise #7 are in the name of Lawanne S. Jackson. Lawanne S. Jackson is also the

140

subscriber for cellular telephone (443)600-5191, the cellphone utilized by Harried. Further the phone is subscribed to at the Finally, on March 24, 2010, law At

address of Subject Premise #7.

enforcement were conducting surveillance at Subject Premise #7.

approximately 6:05 a.m., Harried was observed exiting Subject Premise #7. 129. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #7 the items set forth in Attachment G, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering and 18 U.S.C. § 1956(d), which prohibits conspiracy to launder money. H. SUBJECT PREMISE #8 - 5305B Valiquet Avenue, Baltimore, Maryland 130. Based on a series of telephone conversations and

contemporaneous surveillance conducted by law enforcement on March 19, 2010, SUBJECT PREMISE #8 has been identified as a possible stash 141

location for Duncan and the BGF enterprise. The series of calls and surveillance is described below: a. On March 19, 2010, at approximately 9:02 a.m.,

Duncan received an incoming call from (443)540-5082, utilized by an unidentified male (UM). During the conversation the UM explained,

"The little nigger from over west Baltimore he ain't getting back or nothing." Duncan responded, "Oh yeah." The UM responded, "Yeah. This shit crazy yo. What's going on with you?" Duncan answered,

"I, I want to, I, I want to um you know take care of what needs to be tooken care of. You see what I'm saying?" The UM answered,

"Yeah." Duncan continued, "But we definitely need that from little, from shorty." The UM advised, "Sh, he ain't answering. I just told Cali in the beginning yo." saying. Duncan responded, "I know what you The UM responded, "Yeah."

You, you know what I'm saying?"

Duncan advised, "I'm, I'm a, I'm a you know just fuck with Tay." The UM asked, "Say it again." Tay." Duncan responded, "Just fuck with Duncan continued, "That, that, The UM asked, "Oh he came The UM responded, "Wow." The UM asked, "You,

The UM responded, "Oh yeah."

that, that's the only legit thing." through?" Duncan answered, "Yeah."

Duncan continued, "You feel what I'm saying?"

you hit him again?" Duncan answered, "No I'm, you know, you already know like what we got to do." shit asap yo." The UM responded, "Man let's do that The UM continued, I'll do it."

Duncan responded, "I know yo."

"God damn Donnie.

Man come get me, come get me yo.

142

Duncan responded, "I got my son, I, I, I'm going to but my son gettin' his hair done right now." time you think you be done." him now. The UM responded, "Alright what

Duncan advised, "Waiting, waiting on So just answer your phone. Duncan

It ain't gonna take long.

Where you at?"

The UM responded, "I'm at my mother house."

continued, "Alright that's what's up." Duncan and the UM then spoke about Duncan's son. I'll do that shit. The UM then said, "Yeah yo hit, hit, hit me yo. I'll even do it at Calvin's just have them all Give that nigger everything."

in three hundreds or whatever yo. Duncan responded, "Right." yo."

The UM continued, "Give him everything

Duncan advised, "Yeah I, that's, that's the only way it'll

work out any old way." The UM responded, "Yeah." Duncan continued, "You see what I'm saying? Cause I'll (unintelligible). When I

called yo I want to like you know, the shit will be today for real." The UM responded, "Yeah." Duncan asked, "You feel me?" The UM

responded, "Yeah that was (unintelligible)." Duncan continued, "He, he, yeah he wasn't trippin or nothing." The UM responded, "Yeah hey I just want to start from scratch yo." Based on their training and Duncan responded, "I know." and other information

experience

developed during this investigation, law enforcement agents believe that Duncan and the UM are pooling their money to purchase a new shipment of heroin from Tay because they had a problem with their alternate drug source. The problem with the alternate drug source

is believed to be the quality of the drugs making it difficult to

143

profit from the sale. just fuck with Tay."

Duncan advised, "I'm, I'm a, I'm a you know The UM asked, "Say it again." Duncan

responded, "Just fuck with Tay."

The UM responded, "Oh yeah."

Duncan continued, "That, that, that, that's the only legit thing" (a reference to drugs being of good quality). came through?" Duncan answered, "Yeah." The UM asked, "Oh he As the conversation

continued the UM advised, "Give him everything yo" (a reference to drug money). Duncan advised, "Yeah I, that's, that's the only way

it'll work out any old way" (a reference to the two of them making money selling drugs.) start from scratch yo." The UM explained, "Yeah hey I just want to Duncan responded, "I know" (a reference to

getting back to making a lot of money from the sale of drugs.) b. On March 19, 2010, law enforcement established

surveillance at 102 South Bouldin Street, the home of Angie Wilson, a paramour of Duncan. At approximately 10:12 a.m., law enforcement

observed Duncan exit the address with a small child and enter his 2001 Chevy SUV. Duncan was then followed to several locations, including 127 Collington, the home of his mother, where he dropped off his child. At approximately 10:38 a.m., Duncan was observed to

return to the area of South Bouldin Street and enter 102 South Bouldin. At approximately 11:19 a.m, law enforcement observed

Ronald Scott, a/k/a “Piper,” arrive in the 100 block of South Bouldin Street. Scott was driving a 2004 Infiniti and was

accompanied by another black male. Scott and the unknown male stood

144

outside of 102 South Bouldin, and at approximately, 11:21 a.m., Duncan was observed to exit 102 South Bouldin and speak with Scott and the unknown individual. The meeting lasted approximately 4

minutes after which, Duncan approached his vehicle and Scott and the unknown male approached theirs and both drove from the area. c. On March 19, 2010, at approximately 11:26 a.m.,

Duncan received an incoming call from (443)449-1474, subscribed to Henry Giles, 1210 Wilcox Street, Baltimore, Maryland, utilized by Henry. During the conversation Duncan asked Henry if Potter was in school. Duncan advised, "If Potter in school get the key and call Henry responded, "Alright." At

Piper and give it to Piper."

approximately 11:33 a.m., Duncan received an incoming call from Henry. During the conversation Henry advised, "I don't got Piper Tell him to call me. I got the key Based on their

phone number in my phone.

though." Duncan responded, "Alright, alright."

training and experience and other information developed during this investigation, law enforcement agents believe that Duncan was

telling Henry to obtain a key for McIntosh's home, Subject Premise #1, from Potter and give the key to Piper. d. On March 19, 2010, at approximately 11:39 a.m.,

Duncan received an incoming call from (410)504-2763, utilized by an unidentified male (UM). During the conversation the UM advised, Now what's up?" Duncan answered, Hello."

"Alright yo we got the key. "Alright go to the house."

The UM responded, "Um to uh…

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Duncan responded, "Go to Tiger's (Brice’s), alright." responded, "Huh?" Duncan responded, "Go to Tiger's."

The UM Duncan

explained to the UM to go to Tiger's until he (Duncan) gets there. Based on their training and experience and other information

developed during this investigation, law enforcement agents believe that Duncan wanted one of his drug associates to meet him at Tiger's, a/k/a Brice’s home so he could help Duncan with some drug related business. e. At approximately 11:42 a.m., Duncan was observed

to pull into the driveway of 5305B Valiquet Road, Subject Premise #8. Duncan exited his vehicle and entered the location. Duncan

stayed inside the location for approximately ten minutes and then was observed exiting the location carrying an object he placed under the driver’s seat of his 2001 Chevy Tahoe. Duncan then briefly

returned to side of Subject Premise #8 then reentered his vehicle and left the area. f. On March 19, 2010, at approximately 12:21 p.m.,

Duncan received an incoming call from the same unidentified male (UM). During the conversation the UM advised, "Yo saying he don't Duncan responded, "Um It

know where to at in, in, in Sister Kim's."

that's the whole thing is ya'll got to look upstairs somewhere. should be in one of them bags yo."

The UM responded, "So you want Duncan

us to go upstairs and look inside one of the bags?"

responded, "Yeah." The UM advised, "Only thing, only thing we gonna

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need is the um…" I had.

Duncan advised, "It should be in, in the white bag

Cause I'm around Tiger's (Brice’s) house (1204 Wilcox,

Subject Premise #6) now." The UM advised, "This mother fucker don't want to go in there." In the background Scott, a/k/a Piper, then The UM advised, "So I'm, alright,

said, "I'm going in there."

alright no he going." Duncan responded, "Man, it's not time for you all playing games man." with Duncan. Scott then used the UM's phone to speak

Duncan asked, "You don't know where to look at?"

Scott answered, "No I know about the drawer but nah I don't (unintelligible)." drawer. Duncan responded, "No I ain't talking about the Scott responded, "Uh huh."

Nah look, look in the closet."

Duncan advised, "Look in the closet.

It should be a white bag and Scott

the um, the jelly beans should be in the white bag."

responded, "Alright." At approximately 12:26 p.m., Duncan received an incoming call from (443)504-2763, utilized during the call by Scott. During the conversation Scott advised, "Alright I'm, I'm at Duncan asked, "You couldn't, ain't, ain't no bag

the closet so…" right there?"

Scott answered, "Nah I see like tampon bags and shit

like that." Duncan asked, "You look on the side?" Scott continued, "A white, a white plastic bag or a Victoria Secret bag?" asked, "How the white bag look?" Duncan

Scott answered, "This white A bunch of

Victoria Secret bag got a teddy bear and shit in it.

liquor. (Unintelligible)." Duncan responded, "It's white, it's not that bag." Scott continued, "White plastic bag got a box of

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tampons." Duncan advised, "Look, look, look, look, look on the side of the closet then." Scott responded, "Alright." Duncan responded, "Yeah." Scott was then heard moving items around in the background. Duncan advised, "It should be a H&M bag, the bag that we had." Scott asked, "A H&M?" Duncan answered, "Yeah." Scott was again

heard moving items around in the background.

Duncan asked, "You Scott answered,

don't see no H&M bag in there nowhere in there?" "No."

Duncan continued, "On the side of, on the side of the Scott responded, "Nah at the top or bottom. I'm looking

closet?"

at the top and bottom."

Duncan responded, "No, no on the, don't Like (unintelligible) at

know how, not when you go in the closet. the door is open.

It should be a bag on the side of the closet." Duncan

Scott responded, "Ok, oh alright you want this whole bag?"

advised, "Look in there and see if every, if everything that we, that we need." Scott responded, "Um the strainers the, the, yeah Duncan responded, "Alright come on. Scott responded, Alright." I'm,

everything is in here."

I'm around here already."

During the

conversation law enforcement observed Scott arrive at McIntosh's residence, 1120 Homewood Avenue, Subject Premise #1, and depart moments after the conclusion of the call. Scott was observed

leaving the McIntosh’s residence with a weighted white plastic bag. Moments later, law enforcement observed Scott arrive in the 1200 block of Wilcox Street, near 1204 Wilcox Street, Subject Premise #6, the home of Brice. Based on their training and experience and other

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information developed during this investigation, law enforcement agents believe that Duncan had instructed Scott to retrieve the drug paraphernalia, including strainers needed to mix and package heroin from the McIntosh’s residence. g. At approximately 11:54 a.m., Duncan was observed

getting gas at a Shell station on Frankford Road and Cedonia Avenue. At approximately 12:10 p.m., Duncan was observed briefly entering 127 Collington Avenue. At approximately 12:22 p.m., Duncan was

observed to park his vehicle in front of 1204 Wilcox Street, “Tiger’s house,” Subject Premise #6. Shortly thereafter, Scott was

observed parking his vehicle on the side of Wilcox Street. 131. Based upon this series of calls and surveillance,

I believe that Duncan obtained a quantity of heroin from 5305B Valiquet, Subject Premise #8, then contacted Scott to obtain the cutting agents and various packaging paraphernalia from 1120

Homewood, Subject Premise #1, and then transported those items to Subject Premise #6, 1204 Wilcox, for preparation for street level distribution. 132. 5305B Valiquet, Baltimore, Maryland, identified

herein as Subject Premise #8, is a possible stash location for BGF. Subject Premise #8 is a two story light brown duplex with the numbers 5305 over the front door. There are wooden stairs leading

to the white side door and the letter B is affixed to the side door. The utilities for 5305B Valiquet are in the name of James Bullock.

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Bullock has a significant criminal history, including two prior drug distribution felonies. Further, Bullock was arrested on August 28,

2007 along with McFadden and others for participating in a craps game in the 700 block of east Preston Street. 133. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #8 the items set forth in Attachment H, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering and 18 U.S.C. § 1956(d), which prohibits conspiracy to launder money. I. Subject Premise #9 - desk of Kimberly McIntosh located at Total Health Care 1501 Division Street, Baltimore, Maryland 134. investigation, Based including on evidence developed provided by during this

information

confidential

sources and calls intercepted during wiretaps, I have learned that Kimberly McIntosh, a/k/a “Sister Kim,” is the highest ranking female

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member of BGF in Baltimore.

As more fully described above, calls

intercepted over the wiretaps in this investigation indicate that McIntosh is responsible for the finance of the BGF on the streets of Baltimore. Additionally, she utilized Subject Premise #1 for the cutting, packaging, the sale of heroin, and other controlled

substances, as well as near daily meetings of other high ranking members of BGF. During these meeting, various racketeering

activities of the BGF are discussed and debated among the ranking structure of BGF, to include, the sale of drugs, acts of violence, and the disciplining of non-compliant BGF members. 135. On occasion, McIntosh has met with a confidential

source at her place of employment, Total Health Care, located at 1501 Division Street, Baltimore, Maryland. On at least one

occasion, the source entered 1501 Division Street and spoke with McIntosh. During this encounter, McIntosh agreed to provide the

source (CS3), with a quantity of heroin after she finished work. 136. Additionally, several intercepted conversations

indicate that McIntosh routinely discusses BGF activity while she is at work. For example: a. During a series of calls on March 9, 2010, from

approximately 9:48 a.m. to 10:17 a.m., Duncan contacts McIntosh, who is again at work. Duncan then requests McIntosh’s key to her home, After this call, electronic surveillance,

Subject Premise #1.

authorized by the Court’s order to intercepts Duncan’s cellular

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phones, indicated that Duncan traveled to the area of Total Health Care, and then from there to the area of Subject Premise #1. b. On March 29, 2010, at approximately 10:42 a.m.,

Duncan speaks to McIntosh, who indicates that she is at work. Duncan then proceeds to inform McIntosh of the information that he (Duncan) received from “Bow (a reference to Rainbow Williams).” This call was summarized above. 137. Subject Premise #9 is a business, Total Health Care, located at 1501 Division Street, Baltimore, Maryland, and McIntosh’s place of employment. McIntosh has been surveilled at the location

on several occasion, and as late as April 1, 2010. Further, her own conversations place her at that location on a near daily basis. 138. unknown to law The precise location of McIntosh’s work space is enforcement because it is impossible for law

enforcement to conduct surveillance inside the business.

Because

McIntosh routinely meets and/or discusses BGF activity while working at Total Health Care, law enforcement believes that McIntosh may maintain books, ledgers, contact lists, talley sheet and other items of evidentiary value at her desk. The search of Subject Premise #9

will, therefore, be confined to the immediate desk and/or work space of Kimberly McIntosh. J. SUBJECT PREMISE #10 - 304 East 21st Street, Baltimore, Maryland 139. Based on evidence developed during this

investigation, including calls intercepted during wiretaps, I have 152

learned that Erik Ushry, a/k/a “E,” is a wholesale customer of heroin of Crooks. Additionally, recorded conversations between

McIntosh and CS3 on December 15, 2009 indicate that McIntosh processes heroin for Ushry (see above). Duncan has also been

observed on at least one occasion, March 21, 2010, in and around 1120 Homewood Avenue, Subject Premise #1, during the “emergency” BGF meeting, (see above). 140. On March 30, 2010, law enforcement was conducting At approximately 5:42 p.m.,

surveillance at 304 East 21st Street.

Ushry was observed to exit that location. 141. Further, on March 31, 2010, Duncan asks Ushry to

meet him near his (Ushry’s) mother place prior to going to court. Duncan and Ushry are then observed together at the District Court of Maryland for Duncan’s trial for giving a false statement to officer. While awaiting trial, Duncan was arrested for violation

of his parole (a parole retake warrant) and taken into custody in the courtroom. courtroom and Law enforcement officers were present in the observed Duncan hand his personal effects to

individuals in the courtroom.

Ultimately, law enforcement observed

Ushry take possession of the cellular telephones that are the subject of the court orders to intercept Duncan’s communications. Law enforcement continued to surveil Ushry and observed him leave the courthouse and begin to travel toward Subject Premise #10 142. 304 E. 21st Street, Baltimore, Maryland, identified

153

herein as Subject Premise #10, is the residence of Ushry.

Public

record databases confirm that Ushry uses Subject Premise #10 as his place of residence. Subject Premise #10 is a three story row home.

The first floor is painted white and the upper two floors are black. There is a white front entry door with the numbers 304 in black above the door. 143. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #10 the items set forth in Attachment J, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21 U.S.C. §§ 841 and 846, which prohibits the distribution and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; and 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering. I. SUBJECT PREMISE #11 - 1701 Harford Avenue, Baltimore, Maryland 144. Based on evidence developed during this

investigation, including calls intercepted during wiretaps, I have learned that Lamont Crooks is a source of supply of heroin for the BGF. Crooks has been observed on at least one occasion conducting 154

a drug transaction with Earle Moore after using the Crooks Cellphone to arrange for the transaction. Intercepted calls further indicate

that Crooks utilized Sherice Foster to process and mix the heroin at her home, Subject Premise #11. During a series of intercepted

phone calls over the Crooks Cellphone, Crooks discusses with Foster the processing of heroin. a. For example:

On March 26, 2010, at approximately 2:36 p.m.,

Crooks placed an outgoing call to (410)261-6110, assigned to the Charles Village Safeway, utilized by Sherice Danielle Foster.

During the conversation Crooks asked, "What time you get off?" Foster answered, "Um six o'clock." at six." party." Crooks responded, "You get off

Foster responded, "Right and then I'm going to a tattoo Crooks responded, "Huh?" Foster asked, "Why what's up?" Foster responded, I'm gonna go home

Crooks responded, "Yeah, yeah um and then what?" "I'm going to a tattoo party oh but I be home. first."

Crooks responded, "Say she going home then she going to a Foster then spoke of getting a new tattoo. Crooks

tattoo party."

advised, "No we had some uh, something for you to uh, here I wanted to drop something off." Foster asked, "When you, when they, when Crooks answered, "Um like Just,

you, when you all need them done by?" tomorrow."

Foster advised, "Oh I work eight to four thirty.

I'll do them tonight. I was doing."

I'm do em' tonight when I finish doing what Foster advised,

Crooks responded, "Alright."

"Alright just drop it off." Crooks responded, "Ok." Based on their

155

training and experience and other information developed during this investigation, law enforcement agents believe that Crooks was taking a large quantity of drugs to Foster so she could package the drugs for street sale. Crooks advised, "No we had some uh, something for Foster asked,

you to uh, here I wanted to drop something off."

"When you, when they, when you, when you all need them done by?" Crooks answered, "Um like tomorrow." Foster advised, "I'm do em'

tonight when I finish doing what I was doing." b. On March 27, 2010, at approximately 3:50 p.m.,

Crooks placed an outgoing call to (410)261-6110, assigned to the Charles Village Safeway, asked, utilized "What by Foster. you get During off?" the

conversation

Crooks

time

Foster

answered, "Four thirty." four thirty homie."

Crooks said in the background, "She said

Crooks then asked Foster, "Um how many of them Foster answered, "All of em'." Crooks Crooks

demonstrations you get through?"

Crooks then spoke to a unidentified male in the background. said, "Alright shoot back." The UM responded, "Alright."

then advised Foster, "Yeah he said he gonna uh, uh, the homie said he gonna come get you." Foster asked, "From work?" Crooks

answered, "Yeah not unless you got a ride." can come get me. "Oh, oh no.

Foster advised, "No he Crooks responded, Foster

Alright you coming with him?"

They um, is they, it's, it's in the house?"

answered, "Yeah in that same bag." but, yeah who in there?"

Crooks responded, "Oh alright But he

Foster answered, "I don't know.

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gonna come get me right?"

Crooks advised, "Alright I'm a, uh, uh Yep that's what I was thinking But I'm

nah I probably shoot and get it. about. I'll probably shoot.

Cause you know I'm fucked up.

a shoot and get it." other information

Based on their training and experience and developed during this investigation, law

enforcement agents believe that Crooks was asking Foster how much of the drugs he (Crooks) provided to her were packaged. Crooks

asked, "Um how many of them demonstrations you get through (a reference to units of drugs)” and Foster answered, "All of em'." Crooks asked, "They um, is they, it's, it's in the house, Subject Premise #11?" Foster answered, "Yeah in that same bag (a reference

to having the drugs stored in the Foster residence.)” c. On April 2, 2010, at approximately 12:31 p.m.,

Crooks received an incoming call from (443)278-3855, subscribed to Danielle Foster, 1701 Hartford Road, Baltimore, Maryland, utilized by Foster. During the conversation Crooks asked, "You at work?" Crooks responded, "Oh shit. What time you

Foster answered, "Um." get off?" come home.

Foster answered, "Two forty five. I ain't got (unintelligible.)"

I'm a do them when I

Crooks advised, "No you

good." Based on their training and experience and other information developed during this investigation, law enforcement agents believe that Crooks was inquiring whether Foster had finished packaging the quantity of drugs he had recently given her to package for sale. As a result of the conversation surveillance was established at the

157

Charles

Village

Safeway,

2401

N.

Charles

Street,

Baltimore,

Maryland.

At approximately 3:06 p.m., law enforcement observed Law enforcement then

Foster exit the Safeway and enter a vehicle.

followed Foster to 1701 Harford Avenue, Baltimore, Maryland, Subject Premise #11. At approximately 3:13 p.m., Foster exited the vehicle

and entered the front door to her residence located at 1701 Harford Avenue, Baltimore, Maryland, Subject Premise #11. A query of public record databases revealed the current residence for Sherice Danielle Foster as 1701 Harford Avenue, Baltimore, Maryland. 145. 1701 Harford Road, Baltimore, Maryland, identified

herein as Subject Premise #11, is the residence of Sherice Foster. Public record databases confirm that Foster uses Subject Premise #11 as her residence, and the utilities are in her name. Additionally,

the cellular phone used by Foster is subscribed to in her name at Subject Premise #11. Subject Premise #11 is a red brick building

with the address 1701 Harford Avenue on a white sign affixed to the building to the right of the white entry door. 146. Based upon the foregoing and on my training,

experience, and participation in narcotics and gang investigations, I respectfully submit that there is probable cause to believe that there will be found in Subject Premise #10 the items set forth in Attachment I, which constitute evidence, fruits and/or

instrumentalities of violations of, inter alia, 18 U.S.C. § 1962, which prohibits participation in a racketeering conspiracy; 21

158

U.S.C.

§§

841

and

846,

which

prohibits

the

distribution

and

possession with intent to distribute controlled substances, and conspiracy to commit those offenses; 21 U.S.C. § 843, which

prohibits the use of a communication facility in furtherance of drug-trafficking; and 18 U.S.C. § 1959, which prohibits violent crimes in aid of racketeering. VI. Computers 147. Based on evidence developed during this

investigation, including calls intercepted during wiretaps, I have learned the BGF is highly sophisticated criminal enterprise and use various forms of media to communicate. a. For example:

On March 27, 2010, Duncan and Harried speak with

each other regarding the collection of BGF dues and the registration of members. During the conversation, Duncan tells Harried “text

me...how much it suppose to be.” b. Further on February 11, 2010, at approximately During

2:28 p.m., Chambers received an incoming call from Crooks.

the conversation Crooks advised, “Hey yo I just got your text uh about Keko. Where, where he was at?” Chambers answered, “Oh I

don’t know where Keko and them but that, oh shit you know I don’t know how to respond on that shit but Keko up his house.” responded, “Oh alright. Crooks

Well if, if, if, if he calls you back tell Give him my number.” Chambers

him, tell him um, tell him call me.

continued, “Alright he don’t got no phone.

I be hitting him on

159

Facebook.”

Crooks responded, “Oh alright.

Then I got to get him

on my page then.”

Chambers advised, “Yeah just go to my page and

you’ll see that he my friend and hit it and, and send him a friend request. He probably still on there.” Crooks responded, “Alright, Based on their training and developed believe during that Keko this is

alright that’s what I’ll do then.” experience and other law

information agents

investigation,

enforcement

attempting to purchase a quantity of drugs from Crooks through Chambers. The content of the drug purchase was sent to Crooks from When Crooks requested that

Chambers through a text message.

Chambers to have Keko call him directly, Chambers advised that he communicates with Keko only through the use of the website Facebook. Chambers instructed Crooks to view Chambers Facebook page, locate Keko under his friends section and ask Keko to become one of his friends. By “friending” Keko, Crooks can communicate with Keko A

regarding drug trafficking directly via the website Facebook.

review of Chamber Facebook page by law enforcement revealed several photographs of Chambers friends. One such friend, identified as

Regulator Keko is in several photographs surrounded by other males displaying hand gestures identified as being used by gangs. 148. Based on the above conversation, it is clear that

at least some members of BGF communicate through computers. As a result, law enforcement requests permission to seize computers, if they are located at the Subject Premises, with the exception of

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SUBJECT PREMISE #9, and if necessary separate search warrants will be prepared for the computers. VII. Night-Time Execution 149. These warrants are being executed for offense

related to Title 21 of the United States Code, involving narcotics trafficking. On an almost daily basis the indicted individuals Along with

engaged in a city-wide conspiracy to distribute heroin.

continuous drug trafficking, law enforcement has intercepted calls demonstrating the highly organized and violent nature of this organization. Based on those reasons, and the multitude of

conversations listed above, I request permission, pursuant to 21 U.S.C. § 879, to execute the warrants at anytime to protect the integrity of the investigation, prevent the destruction of evidence and to ensure the safety of the agents executing the warrants. VIII. Authorization for No Knock Entry 150. On March 17, 2010, at approximately 8:17 p.m.,

Crooks placed an outgoing call to (443) 271-9198, subscribed to James Bondd, PO Box 54966, Irvine, California, utilized by Fella. During the conversation Crooks asked, "Yo you ever get mobile yet?" Fella answered, "No not yet I'm waitin' on my car. yo." Crooks responded, "Oh alright." I'm in the house

Fella asked, "You alright?"

Crooks answered, "Yeah, yeah when you um, when you um, you slide through, yeah, yeah definitely holler at me though. straight?" You still is He

Fella responded, "Nope I, I, I, I'm, I got a dude.

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just got straight or whatever. holler at him. He got…"

Told me when I get mobile to come Fella

Crooks responded, "Oh ok."

continued, "Hey yo there's another dude right. holler at right." Crooks responded, "Yeah."

That I'm gonna Fella continued,

"Their Q's, with, with, with Q's there shit is outstanding." Crooks responded, "Oh ok." it's outstanding." Fella continued, "Man I'm talking about really Crooks responded, "Yeah." Fella continued, "So

that's what you were trying to do?"

Crooks answered, "Yeah um plus

I probably, I probably gonna need that um, that forty (a firearm). You still needed it?" Fella answered, "That what?" Crooks You still

continued, "That forty dollars you were talking about. needed it?" Fella answered, "Yeah, hell yeah."

Fella advised that Based on their

he would be able to meet Crooks in about an hour.

training and experience and other information developed during this investigation, law enforcement agents believe that Crooks was asking to purchase a quantity of drugs from an unidentified source of supply known to Fella. However, Fella advised that his regular

source did not have the drugs Crooks wanted but, Fella had another drug source who had just received a new shipment. Crooks advised,

"Yeah, yeah when you um, when you um, you slide through, yeah, yeah definitely holler at me though. You still is straight?" Fella

responded, "Nope I, I, I, I'm, I got a dude. or whatever."

He just got straight

As the conversation continued Crooks asked, "I

probably gonna need that um, that forty. You still needed it?" (a

162

reference to a forty caliber handgun.)

Fella advised that at this Ultimately,

time he still needed to obtain the weapon from Crooks.

Fella agreed to meet with Crooks later in the evening to discuss the purchase of drugs by Crooks. 151. of Crooks. I personally have participated in a previous arrest

At the time of this arrest on November 30, 2004, Crooks

was observed to exit 1502 Aisquith Street, Subject Premise #4, en route to conduct a home invasion robbery. At the time of his

arrest, Crooks and his two conspirators were in possession of three firearm, including an 9mm semi-automatic Uzi and a magazine with 32 rounds. On Crooks’s person was a loaded Taurus 9mm handgun. Crooks ultimately pled guilty to being a felon in possession of a firearm. He was sentenced to 46 months in federal prison and is still on supervised release. 152. I am aware that firearms are “tools of the trade” Crooks’s personal history and the nature of

in drug trafficking.

the telephone call described above, which, based upon my training and experience, is discussing a firearm, I believe that any attempt to “knock and announce” prior to making entry at Subject Premise #4, creates an unacceptable risk to the officers executing the warrant at this particular location. Accordingly, I request that the agents and officers executing the search warrant at 1502 Aisquith Avenue, Subject Premise #4, be permitted to execute that warrant without first knocking and their presence.

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