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Posts Tagged ‘Emmet C. Davitt (State Prosecutor)’

October 6, 2014: State Delegate Candidate “Jay” Jalisi pays $2,500 Civil Fine for Disbursing Funds for His Campaign Finance Entity

For Immediate Release                                                                                      October 6, 2014 

State Delegate Candidate “Jay” Jalisi pays $2,500 Civil Fine for Disbursing Funds for His Campaign Finance Entity

State Prosecutor Emmet C. Davitt announced today that House of Delegates’ Candidate Hasan “Jay” Jalisi has been charged with a civil violation of Maryland’s Election Law Article.  A civil violation means that a provision of the Election Law Article was violated without knowing that the act is illegal. The maximum penalty for a civil violation is a $5,000 fine.

The charges allege that Hasan “Jay” Jalisi, as Chairman and candidate of his campaign finance committee, Friends of (Hasan) Jalisi, made disbursements for his campaign finance entity from February 2014 through April 2014. Candidate Jalisi signed 28 checks authorizing expenditures on the campaign account. Maryland law prohibits candidates from making disbursements on behalf of a campaign finance entity.

Candidate Jalisi immediately paid a $2,500 civil penalty.

For Immediate Release                                                                                      October 6, 2014  State Delegate Candidate “Jay” Jalisi pays $2,500  Read the Rest…

January 14, 2014: District Heights Police Officer Indicted For Felony Theft

For Immediate Release                                                                     January 14, 2014

 

DISTRICT HEIGHTS POLICE OFFICER INDICTED FOR FELONY THEFT

 

            State Prosecutor Emmet C. Davitt announced today that Daniel T. Foxx, age 42, a resident of Laurel, Maryland employed as a police officer for the City of District Heights, Maryland, was indicted by the Prince George’s County Grand Jury for felony theft of more than $1,000.00 but less than $10,000.00.  The indictment alleges that Foxx submitted time sheets and was paid by both the City of District Heights as a police officer and by a private business entity as a security guard for allegedly working for each during the same hours between August of 2010 and June of 2011. 

            Trial is scheduled for March 31, 2014.  The maximum punishment for the offense charged is 10 years imprisonment and a fine of $10,000.00.

            State Prosecutor Emmet C. Davitt stated: “Honesty and integrity are the most basic core requirements for service as a police officer.  When law enforcement officers deliberately violate those standards for personal gain, they seriously erode the public trust in our criminal justice system.  ”

Although charged, Officer Foxx is presumed innocent unless and until there is a conviction on those charges.

For Immediate Release                                                                     January 14, 2014   DISTRICT HEIGHTS POLICE OFFICER INDICTED FOR FELONY THEFT               State Prosecutor Emmet C. Davitt announced today that Daniel T. Foxx, age 42, a resident of Laurel, Maryland employed as a police officer for the City of District Heights, Maryland, was indicted by the Prince George’s County Grand  Read the Rest…

January 27, 2014: Philip Harrison II Press Release

For Immediate Release                                                                     January 27,  2014     

 

PHILIP HARRISON II, GRANDSON OF LATE STATE DELEGATE HATTIE HARRISON, CHARGED WITH FELONY THEFT OF CAMPAIGN FUNDS

 

            State Prosecutor Emmet C. Davitt announced today that Philip Harrison, II, grandson of the late State Delegate Hattie Harrison,  has been charged in the Circuit Court for Anne Arundel County with felony theft, fraudulent misappropriation of campaign funds and a related election law violation. Mr. Harrison, who presently lives in Salisbury, Maryland, served as Treasurer of the “Hattie N. Harrison For Delegate” campaign committee from July of 2006 through November of 2009.

 

            The charges allege that during that period, Mr. Harrison wrote numerous unauthorized checks from that campaign account to himself and his then girlfriend and now spouse Rehanna Singletary. After relinquishing his role as Treasurer, he retained a campaign account checkbook and continued until 2010 writing checks to himself and Ms. Singletary as well as paying several Comcast and Verizon bills by forging the present Treasurer’s name. The alleged theft totaled just over $17,600.  

 

            State Prosecutor Emmet C. Davitt stated: “Both candidates and campaign treasurers must recognize that misuse of campaign funds cannot be tolerated. We will continue to vigorously investigate and prosecute violations of  Maryland campaign finance laws.”

 

            Although charged, the Defendant is presumed innocent unless and until there is a conviction. If convicted of all charges, the Defendant could faces up to twenty-one years’ imprisonment and up to $40,000 in fines.

For Immediate Release                                                                     January 27,  2014        PHILIP HARRISON II, GRANDSON OF LATE STATE DELEGATE HATTIE HARRISON, CHARGED WITH FELONY THEFT OF CAMPAIGN FUNDS               State Prosecutor Emmet C. Davitt announced today that Philip Harrison, II, grandson of the late State Delegate Hattie Harrison,  has been charged in the Circuit Court for Anne Arundel  Read the Rest…

January 27, 2014: Philip Harrison II Indictment

STATE            OF                                           *          IN THE

 

MARYLAND                                                            *          CIRCUIT COURT

 

            V.                                                        *          FOR

 

PHILIP  HARRISON, II                               *          ANNE ARUNDEL

 

                                                                        *          COUNTY

 

************************************************************************

INDICTMENT

 

The grand jurors of the State of Maryland for the body of Anne Arundel County do on their oath present that

COUNT 1

 

PHILIP HARRISON, II

                                                           

From on or about August 23, 2006 and through and including on or about August 1, 2010, at Anne Arundel County aforesaid, pursuant to a common scheme and  continuing course of conduct, did steal money having a value exceeding TEN THOUSAND DOLLARS ($10, 000. 00), but less than ONE HUNDRED THOUSAND DOLLARS ($100, 000. 00), property of the campaign finance entity “Hattie N. Harrison for Delegate”, to wit: being then and there the duly appointed Treasurer of the campaign finance entity “Hattie N. Harrison for Delegate” from  July 3, 2006 through November 10, 2009, and having signature authority over the bank account of that entity and then retaining a campaign checkbook from November 10, 2009 through August 1, 2010, after resigning the position of Treasurer, did willfully and knowingly exert unauthorized control over the funds of “Hattie N. Harrison for Delegate” by writing several checks payable to himself and Rehanna Singletary and cashing same checks totaling approximately $17, 628.00 for his personal use and benefit, in violation of Section § 7-104 of the Criminal Law Article, Annotated Code of Maryland and against the peace, government and dignity of the State.

(Theft over $10,000.00, Criminal Law Article, § 7-104)

 

 

                                                              COUNT II

 

And the jurors aforesaid upon their oath aforesaid do further present that the said

 

                                                PHILIP HARRISON, II

 

From  on or about August 23, 2006 and through and including on or about June 1, 2009, at Anne Arundel County aforesaid, being then and there the duly appointed Treasurer of the campaign finance entity “Hattie N. Harrison for Delegate”, a responsible officer of said committee charged with the fiduciary duty to ensure that the expenditures of the committee were made only for campaign purposes, in violation of said fiduciary duty, did fraudulently and willfully appropriate  money, to wit: approximately $10,810.00, held by him in a fiduciary capacity for the benefit of “Hattie N. Harrison for Delegate”, to his personal  use and benefit, contrary to the trust reposed in him, in violation of Section 7-113 of the Criminal Law Article, Annotated Code Of Maryland and against the peace, government and dignity of the State.

(Fraudulent Misappropriation by a Fiduciary, Criminal Law Article 7-113)

 

COUNT III

 

And the jurors aforesaid upon their oath aforesaid do further present that the said

 

                                                PHILIP HARRISON, II

                                                           

From on or about August, 23, 2006 and through and including on or about June 1, 2009, at Anne Arundel County aforesaid, being then and there the duly appointed  Treasurer of the campaign finance entity “Hattie N. Harrison for Delegate”, did knowingly and willfully make disbursements from the designated campaign fund account of “Hattie N. Harrison for Delegate” for expenses not in accordance with the purposes of the entity, to wit: wrote several checks to himself and Rehanna Singletary totaling approximately $10, 810. for his personal use and benefit, in  violation of § 13-218(b)(1)(ii) of the Election Law Article of the Annotated Code of Maryland and against the peace, government and dignity of the State.

(Unlawful Disbursement, Election Law Article § 13-218(b)(1)(ii))

 

 

 

 

 

 

.                                                                       ____________________________________

                                                                         EMMET C. DAVITT

                                                                        STATE PROSECUTOR

                                                                        Office of the State Prosecutor

                                                                        Suite 410, Hampton Plaza

                                                                        300 E. Joppa Road

                                                                        Towson, Maryland 21286

                                                                        (410) 321-4067

STATE            OF                                           *          IN THE   MARYLAND                                                            *          CIRCUIT COURT               V.                                                        *          FOR   PHILIP  HARRISON, II                               *          ANNE ARUNDEL                                                                           *          COUNTY   ************************************************************************ INDICTMENT   The grand jurors of the State of Maryland for the body of Anne Arundel County do on their oath present that COUNT 1    Read the Rest…

November 13, 2013: Leroy L. Ambush, III Sentenced

For Immediate Release                                                                     November 13, 2013

 

FORMER VICTIM/WITNESS COORDINATOR FOR FREDERICK

COUNTY STATE’S ATTORNEY’S OFFICE SENTECED

 

            State Prosecutor Emmet C. Davitt announced today that Leroy L. Ambush, III, who pled guilty to felony theft of victim restitution funds on October 21, 2013, was sentenced today in the Circuit Court for Frederick County.   According to the statement of facts presented to the court at the time of his guilty plea, between February 1, 2010 and March 19, 2013, Mr. Ambush stole restitution funds paid by criminal defendants that were intended for numerous individual and business victims on approximately 58 separate occasions. 

            The Honorable G. Edward Dwyer, Jr. imposed a sentence of five (5) years incarceration and suspended four and one half years. Mr. Ambush will serve six (6) months in jail (less 21 days of credit for pretrial drug treatment).  Upon his release, he will be on supervised probation for three (3) years, during which time he will be required to pay restitution in the amount of $13,640.00 to the identified victims of his scheme and perform three hundred hours of community service.

            State Prosecutor Emmet C. Davitt stated that “The vast majority of public officials and employees are honest and dedicated public servants.  I am hopeful that the jail sentence imposed in this case will cause some of those tempted to violate their public trust to reconsider their actions.”

For Immediate Release                                                                     November 13, 2013   FORMER VICTIM/WITNESS COORDINATOR FOR FREDERICK COUNTY STATE’S ATTORNEY’S OFFICE SENTECED               State Prosecutor Emmet C. Davitt announced today that Leroy L. Ambush, III, who pled guilty to felony theft of victim restitution funds on October 21, 2013, was sentenced today in the Circuit Court for Frederick County.   Read the Rest…

October 21, 2013: Leroy L. Ambush, III Plea

For Immediate Release                                                                     October 21, 2013

 

FORMER VICTIM/WITNESS COORDINATOR FOR FREDERICK

COUNTY STATE’S ATTORNEY’S OFFICE PLEADS GUILTY TO

FELONY THEFT OF RESTITUTION FUNDS

 

            State Prosecutor Emmet C. Davitt announced today that Leroy L. Ambush, III, former Victim/Witness Coordinator for the Frederick County State’s Attorney’s Office, pleaded guilty in the Circuit Court for Frederick County to felony theft of victim restitution funds.  The Frederick County State’s Attorney’s Office terminated Ambush in April of this year and immediately referred this matter to the Office of the State Prosecutor.

 

            According to a statement of facts presented to the court, between February 1, 2010 and March 19, 2013, Mr. Ambush stole restitution funds paid by criminal defendants that were intended for numerous individual and business victims on approximately 58 separate occasions.  Stolen restitution funds totaled just over $20,700.  A copy of the statement of facts presented to the court is available at www.ospmd.org.

 

            State Prosecutor Emmet C. Davitt stated: “Mr. Ambush was in a position of trust and clearly violated that trust.  Stealing money from individuals and businesses who have already been victimized once is simply reprehensible.”

For Immediate Release                                                                     October 21, 2013   FORMER VICTIM/WITNESS COORDINATOR FOR FREDERICK COUNTY STATE’S ATTORNEY’S OFFICE PLEADS GUILTY TO FELONY THEFT OF RESTITUTION FUNDS               State Prosecutor Emmet C. Davitt announced today that Leroy L. Ambush, III, former Victim/Witness Coordinator for the Frederick County State’s Attorney’s Office, pleaded guilty in the Circuit Court for  Read the Rest…

September 19, 2013: Frederick County Resident Pleads Guilty to Voter Fraud

For Immediate Release                                                                    

FREDERICK COUNTY RESIDENT PLEADS GUILTY TO VOTER FRAUD

State Prosecutor Emmet C. Davitt has announced today that Elsie Virginia Schildt, a Frederick County resident, entered a guilty plea to the charge of attempting to vote more than once in the Maryland 2012 Presidential General Election. The charge is a misdemeanor under Maryland law.

Schildt was sentenced to one year unsupervised Probation Before Judgment with 40 hours of community service to be performed within the first 120 days. Should the defendant successfully complete her year of unsupervised probation, the defendant is eligible to file a motion for early expungement of her record. 

State Prosecutor Emmet C. Davitt stated: “The most basic principle of a fair election is the concept ‘one person, one vote’. The integrity of the ballot box and voting process is essential to our democratic society. We cannot and will not tolerate attempts to subvert this vitally important process.”

For Immediate Release                                                                     FREDERICK COUNTY RESIDENT PLEADS GUILTY TO VOTER FRAUD State Prosecutor Emmet C. Davitt has announced today that Elsie Virginia  Read the Rest…

September 19, 2013: Elsie Virginia Schildt Agreed Statements of Facts

STATE OF MARYLAND                           *          IN THE CIRUCIT COURT

 

V.                                                                    *          FOR FREDERICK COUNTY

 

ELSIE VIRGINIA SCHILDT                    *          CASE NO: 10K13053690

*          *          *          *          *          *          *          *          *          *          *          *

STATEMENT OF FACTS

 

 

            It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor and Nicolle Norris, Senior Assistant State Prosecutor, and the Defendant, Elsie Virginia Schildt, and her attorney Richard P. Bricken, Esquire, that if this matter were called for trial, the State would have produced witness testimony, documentary evidence, including but not limited to the death certificate of Elsie Mae Schildt, the Oath of Absentee Voter for Elsie Mae and Elsie Virginia Schildt, the absentee ballot envelopes for Elsie Mae and Elsie Virginia Schildt and, the Voter registration application for Elsie Virginia Schildt. The aforementioned evidence would have established the following:

            Voting in the Maryland 2012 Presidential General Election concluded on November 6, 2012 at 8 p.m.

            Elsie Virginia Schildt is the adult daughter of Elsie Mae Schildt.

            Until her death in 2012, Elsie Mae Schildt was duly registered as a Maryland voter in Frederick County. The defendant, Elsie Virginia Schildt is also a resident of Frederick County, Maryland and was a duly registered voter in Frederick County, Maryland.

            On or about March 26, 2012, both Elsie Mae and Elsie Virginia Schildt requested absentee ballots for the Maryland 2012 Presidential General Election.

            On or about October 10, 2012, Elsie Virginia Schildt completed and signed her absentee voter ballot in her own name and cast her vote by causing the absentee ballot to be mailed and delivered to the Frederick County Board of Elections, Winchester Hall, 12 East Church Street, Frederick, Maryland. The Frederick County Board of Elections received Elsie Virginia Schildt’s absentee ballot on or about October 11, 2012 at 1:26 p.m. Elsie Virginia Schildt’s absentee ballot was counted in the Maryland 2012 Presidential General Election.

            Elsie Mae Schildt died on September 24, 2012.

            The Maryland State Board of Elections contracted out the mailing of the absentee ballots in the Maryland 2012 Presidential General Election to Runbeck an Arizona corporation. According to the business records of Runbeck, Elsie Mae Schildt’s absentee ballot was mailed from Florida to her address in Frederick, Maryland on October 3, 2012.

            On or about November 3, 2012, Elsie Virginia Schildt signed her mother’s name, Elsie Mae Schildt, to her mother’s absentee ballot under the “Oath of Absentee Voter.” Elsie Virginia Schildt dated the signature as November 3, 2012. The Oath of Absentee Voter that Elsie Virginia Schildt signed as Elsie Mae Schildt states as follows:

Under penalty of perjury, I hereby swear (or affirm) that I am qualified to vote in the election and that I have not voted and do not intend to vote elsewhere in this election.

 

            The absentee ballot in the name of Elsie Mae Schildt was postmarked November 5, 2012 and mailed to the Frederick County Board of Elections. The absentee ballot in the name of Elsie Mae Schildt was received by the Frederick County Board of Elections on November 7, 2012 at 9:30 a.m. The absentee ballot in the name of Elsie Mae Schildt was not counted because an employee of the Frederick County Board of Elections had prior knowledge of Elsie Mae Schildt’s death.

            At trial, The State would have called Stuart Harvey, Director of the Frederick County Board of Elections who would testify, among other things, that the signed Oath of the Absentee Voter constitutes proof of that particular signer as having voted that particular election ballot.        

            On May 15, 2013 Chief Investigator James Cabezas and Investigator Charles O’Connor travelled to Frederick County to interview Elsie Virginia Schildt. During the interview, Elsie Virginia Schildt admitted that she signed her mother’s name to the oath of absentee ballot after her mother’s death.

            If called to testify, Investigative Assistant Charles O’Connor could identify the defendant as Elsie Vriginia Schildt. All events occurred in Frederick County, State of Maryland.

STATE OF MARYLAND                           *          IN THE CIRUCIT COURT   V.                                                                    *          FOR FREDERICK COUNTY   ELSIE VIRGINIA SCHILDT                    *          CASE NO: 10K13053690 *          *          *          *          *          *          *          *          *          *          *          * STATEMENT OF FACTS                 It is agreed by and between the State of Maryland, by Emmet C. Davitt, State  Read the Rest…

September 11, 2013: Montgomery County Resident Pleads Guilty to Voter Fraud

For Immediate Release                                                                     September 11, 2013

MONTGOMERY COUNTY RESIDENT PLEADS GUILTY TO VOTER FRAUD

State Prosecutor Emmet C. Davitt has announced today that Linda Earlette Wells, a Montgomery County resident, entered a guilty plea to the charge of impersonating another person in an attempt to vote in the Maryland 2012 Presidential General Election.

The Honorable Paul H. Weinstein, sentenced Wells to Probation before Judgment. A copy of the statement of facts submitted to the court is available at www.ospmd.org.

State Prosecutor Emmet C. Davitt stated: “The most basic principle of a fair election is the concept ‘one person, one vote’. The integrity of the ballot box and voting process is essential to our democratic society. We cannot and will not tolerate attempts to subvert this vitally important process.”

For Immediate Release                                                                     September 11, 2013 MONTGOMERY COUNTY RESIDENT PLEADS GUILTY TO VOTER FRAUD State Prosecutor Emmet C. Davitt has announced today that Linda Earlette Wells, a Montgomery County resident, entered a guilty plea to the charge of impersonating another person in an attempt to vote in the Maryland 2012 Presidential General Election. The Honorable  Read the Rest…

September 11, 2013: Linda Earlette Wells Agreed Statement of Facts

STATE OF MARYLAND                           *          IN THE CIRCUIT COURT

 

V.                                                                    *          FOR MONTGOMERY COUNTY

 

LINDA EARLETTE WELLS                    *          CASE NO: 123206-C

*          *          *          *          *          *          *          *          *          *          *          *         

AGREED STATEMENT OF FACTS

 

It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor and Nicolle Norris, Senior Assistant State Prosecutor, and the Defendant, Linda Earlette Wells and her attorney Debbie Levi, Esquire, that if this matter were called for trial, the State would have produced witness testimony, documentary evidence, including but not limited to the death certificate of Beatrice Wells, the provisional ballot signed by a Beatrice Wells, and various other election records. The aforementioned evidence would have established the following:

            Voting in the Maryland 2012 Presidential General Election concluded on November 6, 2012 at 8 p.m.

            The defendant, Linda Earlette Wells, is the adult daughter of Beatrice Moore Wells. Until Beatrice Moore Wells’ death on or about June 22, 2011, Beatrice Moore Wells was duly registered as a Maryland voter in Montgomery County. The defendant Linda Earlette Wells, was not registered to vote in Maryland at the time of the operative facts in this indictment. At the time, Linda Earlette Wells was duly registered to vote in Broward County Florida.

            On November 5, 2012 Linda Earlette Wells phoned the Montgomery County Board of Elections and spoke to Phillip Olivetti. Ms. Linda Earlette Wells identified herself to Mr. Olivetti as Beatrice Moore Wells, her deceased mother, and informed the Montgomery County Board of Elections that she was not dead and wanted to vote. The Montgomery County Board of Elections, through Mr. Olivietti, advised Ms. Linda Earlette Wells, whom he believed to be Beatrice Wells, to go to the polls and cast a provisional ballot.

Mr. Philip Olivetti, then consulted with his supervisor, Ms. Betty Ann Lucy, and based on Ms. Linda Earlette Wells’ false representation that she was in factBeatrice Wells and alive, the Montgomery County Board of Elections changed Beatrice Wells’ voter registration from cancelled due to death to active.

On November 6, 2012, Linda Earlette Wells, impersonating Beatrice Wells cast a provisional ballot at polling place number 929 Roberto Clemente Middle School in Montgomery County, Maryland as Beatrice Wells. In casting her provisional ballot as Beatrice Wells, Linda Earlette Wells signed an oath stating, in pertinent part, “I am a registered voter in Maryland and eligible to vote in this election.”

On November 8, 2012, Linda Earlette Wells, called the Montgomery County Board of Elections and informed them that she took her mother’s id to the polls and voted in her mother’s name. By chance, Ms. Wells spoke again with Mr. Olivietti. In this same conversation, Linda Earlette Wells asked the Montgomery County Board of Elections to retrieve her ballot and “rip it up.”  Mr. Olivetti of the Montgomery County Board of Elections informed Linda Earlette Wells that he did not have authority to do that. At that time, the employee explained to Linda Earlette Wells that if she wanted her provisional ballot not to be counted she needed to write a letter to the President of the Board of Elections and provided Linda Earlette Wells with the contact information to supply the letter. The Montgomery County Board of Elections never received the letter from Linda Earlette Wells requesting that her provisional ballot be cancelled.

            On May 28, 2013, Linda Earlette Wells admitted to investigators of the Office of State Prosecutor that she did vote using her mother’s id and name. Linda Earlette Wells stated to Investigative Assistant O’Connor that she realized her actions were wrong several days after casting the provisional ballot as her mother, and she called to ask that the provisional ballot be destroyed. Wells admitted that she was informed the ballot could not be destroyed unless she requested to do so in writing. Ms. Wells also told investigators that she did not follow up her request to have the ballot destroyed in writing as required by the State Board of Elections.

            Linda Earlette Wells’ ballot, cast as Beatrice Wells’ ballot, was not counted in the Maryland 2012 Presidential General Election.

            If called to testify, Investigative Assistant O’Connor could identify the defendant as Linda Earlette Wells. All events occurred in Montgomery County, State of Maryland.

STATE OF MARYLAND                           *          IN THE CIRCUIT COURT   V.                                                                    *          FOR MONTGOMERY COUNTY   LINDA EARLETTE WELLS                    *          CASE NO: 123206-C *          *          *          *          *          *          *          *          *          *          *          *          AGREED STATEMENT OF FACTS   It is agreed by and between the State of Maryland, by Emmet C. Davitt, State Prosecutor  Read the Rest…

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