Former Baltimore Department Of Finance Employee Sentenced To Four Years In Connection With Bribery And Covid-19 Cares Act Scheme

Source: Office of United States Attorneys

Baltimore Department of Finance employee took more than $250,000 in bribes and obtained more than $143,000 in fraudulent COVID-19 relief benefits

Baltimore, Maryland – U.S. District Judge Richard D. Bennett, today, sentenced Joseph Gillespie, age 35, of Baltimore City, Maryland, to four years in federal prison and three years of supervised release in connection with a bribery scheme and conspiracy to commit wire fraud scheme involving COVID-19 CARES Act relief benefits.

Phil Selden, Acting United States Attorney for the District of Maryland, announced the sentence with Special Agent in Charge William J. DelBagno of the Federal Bureau of Investigation (FBI), Baltimore Field Office.

“Defendant Gillespie abused the public trust through a bribery scheme and took advantage of money meant to help during the COVID-19 pandemic,” stated Acting United States Attorney Selden. “When government employees take bribes and public funds, it harms the very communities they are meant to serve. The District of Maryland U.S. Attorney’s Office will relentlessly pursue those who try to compromise the public trust.”

“Gillespie’s extensive schemes and lies ultimately cost hardworking taxpayers. Instead of performing his job with honesty, he looked for illicit ways to line his own pockets. This sentence proves that corruption never pays,” said FBI Baltimore SAC William J. DelBagno. “The FBI and our partners remain committed to holding accountable those who try to cheat the system for their own benefit and profit.”

According to Gillespie’s plea agreement, beginning in 2016, and continuing to 2023, the Defendant engaged in a bribery scheme in which he abused his position of trust as a public official within the Baltimore City Department of Finance for his own personal gain.

As an employee of the Baltimore City Department of Finance, Revenue Collections Department, Gillespie routinely accepted bribes from various property owners in Baltimore City (“the City”) whose property was subject to certain financial obligations, and if the obligations remained unpaid, to a tax sale.  He accepted these bribes — typically 10-15 percent of the amount owed to the City — in exchange for removing or extinguishing these financial obligations, including for citations, tax obligations, and water obligations – thereby causing losses to the City.  Gillespie also accepted bribes in exchange for delaying or postponing — without approval or permission from other City officials — due dates for the payment of outstanding financial obligations, fines, and payments owed to the City, thus forestalling the placement of a lien on the property by the City.

Once Gillespie received the bribe payment, he would extinguish the financial obligation owed to the City by marking the obligations as paid in the City’s online records.  After removing the obligation, the Defendant would, at times, send a photograph of a cashier slip from his office reflecting that a payment was made towards a financial obligation owed to the City when, in fact, no such payment was made.

Gillespie engaged in multiple covertly recorded telephone and video conversations with an FBI undercover agent (UC), in which the Defendant and the UC discussed the specifics of the bribery scheme outlined above.

For example, in a recorded phone conversation with the UC, the UC confirmed the size of the bribe payment with the Defendant: “[S]o you want 100 for each property?” Defendant said, “yeah that’s basically how I do.”  Gillespie then informed the UC that he (Gillespie) had a “girl” in “water”— i.e., the Baltimore City Department of Public Works — that could “wipe some s*** out,” referring to financial obligations owed to the City.

During a covert video recording of the conversation with the UC, Gillespie told the UC that he had the ability to “wipe a bill off” the City’s record of outstanding obligations tied to a particular property or to “put paid next to ‘em,” even though the financial obligation had not in fact been paid.  The Defendant further stated that he removed certain financial obligations linked to the properties that the UC told the Defendant were his, stating “[t]here was a couple, extra miscellaneous bills that y’all had that I wiped off . . . . That s*** gone now.”

Gillespie also extended the deadline for payment of financial obligations owed to the City on eight properties by three months.  Gillespie asked for $800 in bribes in return — $100 for each of the eight properties, and, during the recorded meeting, the UC provided Gillespie $800 cash.  Gillespie also stated that he had the ability to wipe out overdue water bills owed to the City, “Once I let you know [about a big water bill], I’ll give it to my girl, and I’ll tell you what you need to give me for her to knock it off.”  Gillespie then stated:

“Going forward, I’m just your inside man . . . That’s what I do for a lot of different people around the City.  You know what I mean – manage their s*** for them a little bit. . . .  I’m gonna go look at your s***.  Anyone with a high water bill I’m gonna text you the address, and I’m gonna tell you what I need, and we can knock them out going forward with that . . . . Any water bill that’s too high, I’ll get my girl to take care of that.”

Gillespie’s bribery scheme continued for years thereafter, and he admitted that he enlisted the help of multiple co-conspirators in connection with his scheme.  According to the plea agreement, Gillespie received more than $250,000 in connection with the bribery scheme and caused losses to the City in excess of $1,250,000.

Further, Gillespie also engaged in a scheme to fraudulent COVID-19 CARES relief funds.  Financial assistance offered through the CARES Act included forgivable loans to small businesses for job retention and certain other expenses, through the Paycheck Protection Program (PPP), administered through the United States Small Business Administration (SBA).

For example, in 2021, Gillespie and co-defendant Ahmed (“Adam”) Sary submitted a fraudulent PPP loan application to Cross River Bank to obtain a PPP loan for JAG Investments (“JAG”), a company the Defendant owned.  The PPP loan application contained numerous material misrepresentations, including that JAG, in 2019, had 19 employees and an average monthly payroll of more than $55,000. In support of the loan application, a fabricated 2019 Internal Revenue Service (“IRS”) Form 940 – Employer’s Annual Federal Unemployment Tax Return – was submitted, which falsely stated that JAG’s total payments to employees, in 2019, was more than $275,000.

Based on the false representations and fraudulent submissions made on behalf of Gillespie as the owner of JAG, the PPP loan was funded on March 6, 2021, and approximately $138,000 was distributed to a bank account controlled by Gillespie. Gillespie agreed to pay Sary kickbacks totaling $38,000 for his work in submitting the false application and obtaining the fraudulent PPP loan.  In addition, after receipt of the PPP loan, Gillespie established payroll services for JAG to facilitate documentation that would later be used to substantiate a request for the PPP loan to be forgiven.

The District of Maryland COVID-19 Strike Force is one of five strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (CARES) Act.  The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors.  The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.

For more information about the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.  Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Acting United States Attorney Phil Selden commended the FBI for their work in the investigation, the Small Business Administration’s Office of Inspector General and the Baltimore City Inspector General for assistance as well.  Mr. Selden thanked Assistant U.S. Attorneys Paul A. Riley and Evelyn L. Cusson who are prosecuting the federal case.

For more information about the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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