Barbeito Warrant

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AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH WARRANT STATE OF MARYLAND COUNTY OF FREDERICK to-wit: I, Desiree Smith, Special Agent, Federal Bureau ofInvestigation (FBI), Frederick, Maryland, being first duly sworn, do hereby depose and state as follows: A. Premises to be Searched. This is an affidavit in support of an application for a warrant to search the premises, including all structures on the property, known as 4940 Ford Fields Road, Myersville, Maryland. This property is located in Frederick County, Maryland and is further described in Attachment A. Photographs of the property are also attached. B. Affiant. 1. I am an officer of the United States who is empowered by law to conduct investigations of and to make arrests for offenses involving Racketeering Influenced Corrupt Organizations and gangs pursuant to Title 18, United States Code, Section 1961 et seq., and other federal laws related to racketeering such as Title 18, United States Code, 1952 ("Travel Act"). 2. I have been employed as a Special Agent of the FBI for more than ten(10) years, and am currently assigned to Criminal Investigations in the Frederick Resident Agency of the Baltimore Division. During my tenure as an FBI Agent, I have participated in numerous investigations involving bank fraud, bank robberies, money laundering, mortgage fraud, public corruption and other unlawful activities of organized criminal groups.

Transcript of Barbeito Warrant

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AFFIDAVIT IN SUPPORT OFAPPLICATION FOR SEARCH WARRANT

STATE OF MARYLANDCOUNTY OF FREDERICK to-wit:

I, Desiree Smith, Special Agent, Federal Bureau ofInvestigation (FBI), Frederick,

Maryland, being first duly sworn, do hereby depose and state as follows:

A. Premises to be Searched.

This is an affidavit in support of an application for a warrant to search the premises,

including all structures on the property, known as 4940 Ford Fields Road, Myersville,

Maryland. This property is located in Frederick County, Maryland and is further described in

Attachment A. Photographs of the property are also attached.

B. Affiant.

1. I am an officer of the United States who is empowered by law to conduct

investigations of and to make arrests for offenses involving Racketeering Influenced Corrupt

Organizations and gangs pursuant to Title 18, United States Code, Section 1961 et seq., and

other federal laws related to racketeering such as Title 18, United States Code, 1952 ("Travel

Act").

2. I have been employed as a Special Agent of the FBI for more than ten(10) years, and

am currently assigned to Criminal Investigations in the Frederick Resident Agency of the

Baltimore Division. During my tenure as an FBI Agent, I have participated in numerous

investigations involving bank fraud, bank robberies, money laundering, mortgage fraud, public

corruption and other unlawful activities of organized criminal groups.

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3. I have conducted or participated in wire and physical surveillance, surveillance of

undercover transactions, the introduction of undercover agents, the execution of arrest and search

warrants, debriefing informants and reviews or taped recordings.

4. This case is being investigated by agents from the FBI and the Bureau of Alcohol,

Tobacco Firearms and Explosives (ATF). During the course of this investigation, FBI SA Chris

Courtright and other investigating agents have relied upon information obtained by various

individuals acting as Cooperating Informants (CIs), upon statements taken from witnesses and

victims, and upon statements made by current and former members and associates of the Pagan

Motorcycle Club, hereinafter the PMC. SA Courtright has relied upon both FBI and ATF

sources for information. Much of this inforInation has been verified through law enforcement

surveillance, consensually-monitored and recorded conversations, physical evidence, other

corroborati~g interviews, and public records. To date, over 60 separate conversations

encompassing over 297 hours have been recorded, approximately $2400 of illegal drugs have

been purchased, and hundreds of interviews have been conducted in furtherance of this

investigation.

5. A confidential Informant (CI) who has direCt access to PMC leadership, members, and

support club members, has been reporting to law enforcement on the PMC for over four years.

The crs information has been extensively corroborated through the use of consensually-

monitored and recorded conversations, physical evidence, other corroborating interviews, and

public records. Throughout this investigation, the officers have consistently found the CI 's

information to be corroborated by other evidence. The officers have found no evidence to date to

materially contradict any account given by the CI.

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.c!.o 09- ~51.t.t; ~jK86. Your affiant is basing the information contained in this affidavit on facts personally

known to her and information which has been passed on tp her by other law enforcement

personnel. Since this affidavit is submitted for the limited purpose of setting forth facts to

establish probable cause to search the above listed premises, your affiant has not included each

and every fact known that relates to this investigation of the PMC.

STATEMENT OF FACTS AND CIRCUMSTANCES

Through the above-described investigation, your affiant has learned and knows that:

7. The Pagan Motorcycle Club is a national organization which is primarily located in the

eastern half of the United States. It is organized into several "regions" which are further divided

into multiple "chapters" of five to thirty members each. A "Mother Club" chapter, comprised of

veteran PMC members, serves as a national governing body, with Mother Club members also

serving as "bosses"over each region. It is estimated that the PMC currently has approximately

300 active members.

8. The Mother Club chapter of the PMC consists of a national president, a national vice

president, a national sergeant-at-arms, a national treasurer, and approximately nine (9) other

members. The Mother Club chapter is responsible for setting policy for the PMC, scheduling

national-level events such as "runs," parties, and attendance at funerals, and enforcing the rules

and regulations of the PMC. The Mother Club has final authority over all PMC matters with

each Mother Club boss having authority over his region, subject only to the authority of the

Mother Club chapter and the national president of the PMC. The PMC's rules are set out in a

written constitution.

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9. A full member of the PMC can be identified by his "colors" or "cut," which is a

sleeveless denim jacket bearing several patches affixed at specific places. These patches include,)

but are not limited to, a patch containing the word "Pagan's"and a 1% patch. The 1% patch

signifies the PMC's "outlaw" statu~. "General Members" wear the 1% patch on the bottom back

of their cut, and chapter presidents wear the 1% patch at the top back of their cut. Mother Club

members also wear a number" 13" inside a diamond shaped patch on the bottom of their cut.

"Prospects" for full membership also wear a cut. A Prospect's cut however, will be missing

several of the patches worn by full members. Individuals who want to prospect with the PMC,

but have not yet been offered the opportunity, are known as "Hang-Arounds'~ and will not have a

cut. This hierarchy is strictly enforced.

10. PMC members also own various items of personal property bearing the word

"Pagan" or "Pagan's"or "1%" and various logos, insignia, emblems, and slogans signifying their

membership and especially their status in the PMC. These items include, but are not limited to,

stationery, canes, belts, belt buckles, cigarette lighters, paintings, cards, beer mugs, coffee mugs,

key rings, hats, wallets, plaques, rings and other jewelry, and memorial patches.

11. PMC members, who are always males, may also have paramours known as "Old

Ladies" who can be identified by their own colors - a denim, sleeveless jacket. These colors

clearly state that the wearer is considered the "property of' a specific member, and, by definition,

the sponsoring member is held responsible for the behavior of his Old Lady. For this reason, Old

Lady colors are known as "P.O." colors.

12. The PMC has clearly established ties to other motorcycle gangs, known as "support

clubs," which are used to recruit new members and to facilitate illegal activity. The relationship

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JKBbetween these clubs and the PMC is much like the relationship between a major-league baseball

team and its "farm team;" except that, Unlike a baseball franchise, failure by the support club

members to perform satisfactorily often results in fines or beatings. A PMC support club

contributes financially to the pMC and is expected to perform whatever tasks they are assigned.

PMC support clubs can be identified by patches on their colors bearing the number "16," which

stands for the 16th letter of the alphabet, "P," for Pagan's. In addition to fines or beatings, the

PMC may decide to shut down a support club that is failing to perform satisfactorily or failing to

provide financial support to the PMC. When the PMC shuts down a support club, PMC

members often forcibly strip the support club of its colors, shirts, patches, and other memorabilia.

These colors, patches and other materials taken from the support club are kept and sometimes

displayed in the PMC clubhouse and members' homes as trophies.

13. Historically, investigations into the PMC have revealed that members use the club's

structure and organization to support and facilitate their own criminal activities, which include:

the distribution of illegal drugs, trafficking in firearms, money laundering, stolen property

offenses, insurance fraud, prostitution, extortion, and murder. Many ofthe members and

associates of the PMC's Charleston, WV chapter have previously been charged with

Racketeering, RICO Conspiracy, Continuing Criminal Enterprise, Conspiracy to Distribute

Controlled Substances, Interstate Travel in Aid of Racketeering, Distribution and Possession

With Intent to Distribute Controlled Substances, Carrying Firearms During Drug Trafficking

Crimes, Unlawful Dealing in Firearms, Conspiracy to Possess and Transfer Unregistered

Firearms, and Possession and Transfer of Unregistered Firearms in an 84-count indictment

retl1rned by a grand jury in the Southern District of West Virginia in January 1989. Delaware has

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09- 351~K) JK~also indicted in a 160 count indictment, 32 members and associates of the PMC with various

crimes including racketeering, drug trafficking, and gang activity in November 2006. Evidence

obtained during this recent investigation indicates the PMC in the Southern District of West

Virginia (SDWV) continues to actively support and facilitate many ofthe above offenses.

14. DAVID KEITH BARBEITO,1 also known as "Bart," resides at 4940 Ford Fields

Road, Myersville, Maryland, the targeted premises herein. He is the current PMC Mother Club

President and is ultimately responsible for all PMC chapters nationwide.' BARBEITO has been

identified by ten (10) or more sources, as the Mother Club President for the entirety of this

investigation, dating back to at least 2001.

15. In February 2009, law enforcement officers executed a search warrant at the PMC

Charleston Chapter Clubhouse in St. Albans, West Virginia. During the search, federal agents

seized PMC paraphernalia, documentation of club rules, and other memorabilia including

engraved shot glasses memorializing a "treaty" with The Outlaws, another 1 % motorcycle club.

Each glass was engraved with a name and accompanied by a plaque denoting the. agreement

between the Pagan's and the Outlaws, and the names and positions of those persons who had

reached the accord. One glass had BARBEITO's name, one had FLOYD MOORE's name (the

national vice-president of the PMC), and the third had James "Frank" Wheeler's name. Wheeler

was the president of the Outlaws Motorcycle Club and is currently in federal prison on

racketeering charges related to the Outlaws. The plaque noted that the three men had come

together and agreed on a "treaty" between the Outlaws and the Pagans.

I If a name appears herein in all capital letters, then the conduct being described occurredwhen that person was an active member ofthe PMC.

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16. As national president, BARBEITO hasthe ultimate decision making authority for the

entire, nationwide PMC. In that capacity he has traveled to visit other chapters to settle disputes.

For example, in June 2003, BARBEITO traveled to West Virginia to settle a dispute. He came

with several other Mother Club members to hear both sides of the dispute. During this meeting,

none of the chapter members attending were allowed to leave the clubhouse, and were forciblyi

kept there .by a chapter member holding a shot gun. More details of this dispute are described

infra in paragraph 22.

17. FLOYD B. MOORE, also known as "JESSE," a resident of2029 Pennsylvania

Avenue, St. Albans, West Virginia, is the PMC Mother Club representative ultimately

responsible for all PMC chapters located in the Southern District of West Virginia (SDWV).

MOORE became a Mother Club member in 1996,.and became national vice president of the

PMC in 1998. MOORE joined the Fairmont, WV chapter ofthe PMC in 1982, where he attained

the position of chapter president. MOORE became a Mother Club member in 1996, and became

national vice president of the PMC in 1998. He has resided in the SDWV since 2002.

18. In April 2008, law enforcement officers executed two search warrants related to the

PMC. One search was done at MOORE's home in St. Albans, West Virginia, and one was done

at a home he owns where his sister lives in Buckhannon, West Virginia. During these two

searches, officers seized numerous firearms, PMC paraphernalia, and in excess of $20,000 cash.

19. The current investigation into the PMC has uncovered evidence that the PMC and its

associates have committed multiple crimes including racketeering, violent crimes in aid of

racketeering (VCAR), Travel Act violations, as well as drug and firearm crimes among others.

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09-354'5 JKB20. DAVID KEITH BARBEITO," also known as "Bart," is the mother club president

(national president) of the PMC. As the national president of the PMC,BARBEITO has ordered

criminal acts be committed on behalf ofthe PMC. Since at least 2005, the PMC has held annual

"raffles" in which PMC members are given a set number of tickets which they must sell or

purchase themselves. BARBEITO and other mother club members determine how many tickets

each chapter is.required to sell and when the raffle is to take place. The tickets are usually sold

for $10 each, and purportedly represent chances to win a motorcycle. According to the CI,

members turn over the money from the gambling enterprise to MOORE, who then delivers the

proceeds to BARBEITO. FBI has confirmed with the states where the PMC has chapters that

the PMC is not properly registered in any ofthose states to legally operate this "raffle, " and each

state criminalizes such conduct. Therefore, the raffle is an illegal gambling enterprise under 18

U.S.c. Section 1952. In April 2007, a PMC member in Florida used UPS, a facility of interstate

commerce, to distribute proceeds from the gambling enterprise to CI in South Carolina. CI

delivered the proceeds to MOORE in West Virginia. MOORE distributed those proceeds to

BARBEITO in Maryland. This same process occurred again in May 2007 with additional

gambling proceeds being distributed from Florida to South Carolina (this time using the United

States Postal Service) to MOORE in West Virginia and to BARBEITO in Maryland. Several

sources have indicated that MOORE has delivered these illegal cash proceeds directly to

BARBEITO at his residence, the premises target herein, on mkny occasions.

21. Your affiant knows that on April 26, 2008, out-of-state PMC members traveled to

Charleston, West Virginia to deliver to MOORE the proceeds from the ticket sales. BARBEITO

was present in Charleston, West Virginia for this occurrence. The money given to MOORE was

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contained in envelopes, which displayed a chapter or a responsible individual's name and/or the

amount contained therein. During the aforementioned search warrant executed at MOORE's

home in April 2008, law enforcement officers seized cash, envelopes, and ticket stubs associated

with the gambling enterprise. In fact, the approximately $20,000 seized from MOORE's home in

April 2008 was the 2008 proceeds from the raffle, and that cash was seized before MOORE

could transport it to BARBEITO. MOORE later bragged to a cooperating witness that he was

able to deliver more money than the $20,000 that was seized from his residence to BARBEITO

at the next PMC mandatory event. This gambling enterprise and the travel ofPMC.members to

distribute proceeds to BARBEITO and MOORE was done in violation of 18 U.S.C. S 1952.

22. As part of this PMC investigation officers have found evidence that BARBEITO and

the PMC have committed many crimes including RICO, RICO conspiracy, VCARs, along with

related substantive counts including Retaliation Against a Witness, Travel Act Violations, as '

well as firearm and drug offenses.

23. For example, in June 2003, several PMC members turned in their colors to a Mother

Club member because of a dispute with MOORE. In other words, these PMC memb~rs tried to

resign from the PMC because of problems they were having with MOORE. That other Mother

Club member said he would speak with BARBEITO, the national president ofthe PMC, about

the dispute. This resulted in a meeting that occurred in Charleston, West Virginia in June 2003.

Multiple mother club members, including BARBEITO, attended this meeting. Those PMCI

members in the dispute with MOORE were also present, having been ordere? by BARBEITO to

attend. When those who had the dispute arrived at the clubhouse, they were frisked for weapons,

and BARBEITO ordered another PMC member to detain the victims outside in the rain at

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09-354i) JKBgunpoint for several hours. If any of the victims tried to leave they were told they would be

'killed. BARBEITO and the other Mother Club members interrogated the victims and ultimately,

BARBEITO ruled that the victims were in the wrong, but that they could be released that

evening. This information was confirmed by multiple victims of the kidnaping and by one of the

participants in the kidnaping.

24. Another instance of criminal activity occurred in 2005. PMC associates along with a

guard at the Federal Co'rrectionalInstitute Ashland (FCI), and anow deceased inmate at FCI

Ashland, conspired to murder a former PMC member and FCI Ashland inmate, Vince Morris.

This information came from recorded telephone calls from FCI Ashland, jail records, and was

further confirmed by consensual recordings made by the FBI CI. The PMC associates wanted

Morris killed for allegedly cooperating with authoriti~s during the investigation of a bank robbery

Morris committed with a fellow PMC member. Law enforcement was able to disrupt and stop

this murder plot.

25. Colors are only worn by full members of the PMC and are indicative of membership

as well as each member's position in the organization. Attached as exhibit 1 is a picture of

BARBEITO wearing ~is PMC colors. Other PMC memorabilia, such as jewelry, belts,

wristbands, wallets, walking sticks, and business cards or "club cards" also demonstrate

membership in and loyalty to the PMC and provide evidence of the individual member's level of

involvement.

26. PMC members' colors are extremely important to the PMC and to its members. They

are treasured belongings and cannot be handled by a non-member. If a PMC member violates a

club rule, one common punishment, if the violation is serious enough, is confiscation of that

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individual's colors. This punishment is considered highly degrading. If a PMC member loses

his colors or has them stolen he will also be punished. PMC members are required to have their

colors for mandatory events such as runs and other PMC meetings. It is their responsibility to

keep their colors safe. Information derived from this investigation has indicated that it is

, customary for PMC members to store their colors and other indicia of membership at their

residence.

C. Conclusion.

27. Based on the foregoing facts and circumstances, there is probable cause to believe

that BARBEITO is the national president of a multi-state criminal enterprise. Evidence

described in this affidavit reflects that BARBEITO has committed at least two racketeering acts

and has directly participated in the conduct of the enterprise's affairs. Furthermore, there is

probable cause to believe that BARBEITO's residence and other structures located 'at 4940 Ford

Fields Road, Myersville, Maryland, which is more fully described in Attachment A, contains, and

will contain, property constituting of evideQ.ce of membership in the racketeering and corrupt

organization known as the Pagan Motorcycle Club, including but not limited to: PMC member

Colors and club memorabilia such as patches, jewelry, belts, wristbands, wallets, walking sticks,

and business cards or "club cards." Because BARBEITO is the national president, records of

membership, key communications, and by-laws and rules of the PMC are also likely to be found

in this location. As more fully described below, this location is heavily surveilled and protected.

These items are evidence ofBARBEITO's membership in the PMC, a racketeering enterprise

that has committed racketeering crimes, in violation of Title 18, United States Code, Section

1961 et seq., and Title 18, United States Code, Section 1952.

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09- 354'5 JKB28. The property constituting evidence of the commission of the foregoing criminal

offenses, contraband, fruits of the crimes, and other items illegally possessed, and property used

in committing the crimes are more fully set forth in Attachment B.

29. Your affiant further provides the following facts Supporting "No Knock" Entry

and Day or Night Execution Of Warrant. BARBEITO's residence is in an isolated location, .

surrounded by a significant amount of barren land. The approach by an outsider can be easily

observed. One of the structures on the property is along a cliff that overlooks a one lane gravel

road, that is the only access route to the property. At the entry to the property there is a code

controlled access gate. Located at this access gate is a guard shack, and there is a video camera

mounted on top of it. The gravel driveway up to the home within this compound is at least sixty

yards long from the gate. As national president of the PMC, BARBEITO believes, as is

maintained by the PMC, that it does not have to follow the laws of the United States, or adhere to

any rules that govern United States citizens. It is the belief of PMC members that they are

outside the law. As the new indictment reflects, the PMC, under the direction and control of

BARBEITO, has committed numerous violent crimes, and is well-known' for its violent actions.

It is entirely likely that if BARBEITO was aware of approaching law enforcement, that he would

not only attempt to destroy evidence, but the lives of the agents executing the warrant would be

placed in jeopardy. Finally, multiple cooperating witnesses have confirmed that BARBEITO is a

user of both methamphetamine and cocaine. Your affiant knows that persons who use

methamphetamine and other illegal drugs often act violently and unpredictably.

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Further, your affiant sayeth naught.

Therefore, your affiant respectfully requests this Court to issue a search warrant for the

place set forth in Attachment A. Your affiant further requests that this warrant be executable day

or night, and allow for "no-knock" entry based on good cause set forth in the above paragraphs.

" - }~l>fxW: 'DesireeSmithSpecial Agent. Federal Bureau of Investigllt!QI!S

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Subscribed and sworn before me this :2 - day~6gp;c'tober, 2o,09~<"~..'6~--' .1.-......,;;'~~ '-.",a' .:;;~;..,..Ur.~".\,~<:.. ~~" .//,).::- --, ' v' _ ' . 'c' "

James K. Bredar,~~'~.. .,.'" ,.~~~United States MagisiitatG•.Jiiage.\~~/~c..-..~ ....•. ~'-~-.~" -~--District ofMaryland'.'o"'-.. ....•- "" '"

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...09--3545

ATTACHMENT A

The premises to be searched consist of the buildings and structures located at 4940 Ford

Fields Road, Myersville, Maryland, in the District of Maryland. At the end ofFord Fields Road

there is a sign that reads "Pond House, Cliff !louse" with an arrow pointing to the left fork in the

road. Following that arrow leads to the properties and structures located at 4940 Ford Fields Road,

further described as a beige single-story structure; with two steps leading up to the front doors,

including any containers, safes, cabinets or drawers therein; a beige colored guard shack located next

to a metal gate including any containers, safes, cabinets or drawers therein; a log-cabin style structure

with a stone chimney overlooking a pond including any containers, safes, cabinets or drawers

therein; a side garage also made out of logs including any containers, safes, cabinets or drawers

therein; and a shed including any containers, safes, cabinets or drawers therein.

Photographs of the property are attached hereto as Exhibits.

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ATTACHMENT B

Items to be seized:

PMC members' colors and club memorabilia such as patches, jewelry, belts, medallions,

shirts, cuts, wristbands, wallets, walking sticks, posters, gla,ssware, statues, plaques, photographs,

and business cards or club cards, PMC constitution, and any indicia of membership in the PMC.

Records of operations and communications by a~d between members of the PMC.