Special Prosecutions Division

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This unit, staffed by experienced attorneys and investigators, is involved in the investigation and prosecution of a variety of crimes dealing with economic loss. These crimes include, but are not necessarily limited to, violations of fiduciary responsibilities (misappropriation of funds), financial exploitation of the elderly, theft/embezzlement by employees, attorney misconduct (including unauthorized practice of law), insurance fraud, worker’s compensation fraud, identity theft, and internet fraud.

The unit is also responsible for a broad spectrum of matters that do not fall within traditional classifications of criminal acts. These cases can include matters dealing with misconduct in office by public officials (malfeasance, misfeasance, nonfeasance), police misconduct (including all incidents involving the use of deadly force by a police officer in the line of duty), and complex matters requiring discretion. Any time a law enforcement officer uses deadly force toward another human being in Montgomery County, there is a Grand Jury investigation. It does not matter whether the officer is on duty or off duty, and it does not matter where the officer works. The Special Prosecutions Division works with police investigators to present all of the facts so that the Grand Jurors can decide whether that officer’s use of deadly force was justified.

Cases come to this division’s attention in a variety of ways. The Special Prosecutions Unit works closely with the Fraud Section of the Montgomery County Police Department. Special Prosecutions team members frequently handle that section’s cases due to their complexity, the amount of the loss, and team members’ experience with the types of evidence normally involved (such as bank records and spreadsheet analysis). They also receive referrals from the Social Security Administration, Adult Protective Services, and various other state and county agencies.

Sometimes these referrals already have been fully investigated and are assigned directly to an attorney. At other times, some degree of investigation is required and the matter is referred initially to an investigator and subsequently to an attorney once criminal conduct has been identified. On occasion, we are asked by judges, private attorneys, and private citizens to investigate matters that are suspected of being criminal in nature. Examples of these types of cases include misappropriation of fiduciary funds, mishandling of an estate, and financial exploitation of the elderly.

Special Prosecutions continues to be involved in efforts to improve and strengthen Maryland law through legislation. One such area is the protection of seniors from financial exploitation. The State’s Attorney’s Office hopes to provide greater protection to this growing segment of our population from a wide variety of predators. Another area of legislative efforts is identity fraud. We have supported expanded jurisdiction proposals and tougher penalty statutes in an effort to aggressively combat this plague.

Robert Hill, deputy chief of the division, is also the office liaison to Annapolis. He testifies often before various committees, as his trial calendar permits. In the 2008 legislative session, he coordinated the testimony of others on more than 15 bills.

The division had many notable cases in 2008, including the following:

1. Joseph Carlini pleaded guilty to a theft scheme for running a Ponzi scheme that victimized more than 40 investors. He was sentenced to four years. The judge also entered judgment for $4.8 million in restitution.

2. Dan Wortman has put in considerable time on several mortgage-fraud investigations with the FBI that have resulted in federal indictments against 30 individuals. We also have participated in three large-scale investigations with the IRS for tax crimes.

3. Montgomery County employee Paul Shoup posed as an agent for companies due Department of Finance refunds and collected $503,000. In a case prosecuted by Bryan Roslund, Shoup pleaded guilty to felony theft and was sentenced to 18 months. Shoup made full restitution to Montgomery County.