Score:   1
Docket Number:   D-MD  1:19-cr-00069
Case Name:   USA v. Gelfen et al
  Press Releases:
Baltimore, Maryland – On Friday, March 15, 2019, David Gutman, age 55, of Baltimore, Maryland, pleaded guilty to a wire fraud conspiracy in connection with a scheme to accept and sell stolen goods from the Chesapeake Pawn Brokers, in Edgewood, Maryland.  Two co-defendants, Marina Gelfen, age 55 of Reisterstown, Maryland and Dmitry Babich, age 48, of Owings Mills, Maryland, previously pleaded guilty to the same charge.  Gelfen and Babich owned and managed Chesapeake Pawn, where Gutman was an employee.

The guilty pleas were announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Sung “Jimmy” Yi of the United States Secret Service - Baltimore Field Office; and Harford County Sheriff Jeffrey R. Gahler.

According to their plea agreements, between January 1, 2015, and July 8, 2018, Gelfen, Babich, and Gutman paid cash to “boosters,” a common term for shoplifters, in exchange for merchandise stolen from Home Depot.  The products include exclusive brands sold only through the Home Depot, such as Makita, Ryobi, Ridgid, and other brand power tools, to include drills, wrenches, saws, and lithium batteries.  The products were frequently new and still in the original store box. The conspirators sold the items on eBay, with the payments being made through PayPal.

As detailed in their plea agreements, the conspirators bought these items from boosters at Chesapeake Pawn, at far less than their retail value, knowing that the boosters stole them directly from Home Depot.  Gelfen and Gutman admitted that they paid boosters over $70,000 for stolen products, while Babich paid boosters over $11,000 during the year that he was part of the conspiracy.  The conspirators listed and sold the stolen items on eBay under at least eleven different eBay user names, including the names of relatives and associates, in an effort to conceal the high volume of transactions.  From January of 2015 through May 2018, those eBay accounts recorded over $1.5 million in sales.  The conspirators would advertise much of the merchandise that they bought from boosters on eBay as “NEW,” “Brand New,” and “Sealed.”

Between July 2015 and July 14, 2018, an undercover officer from the Harford County Sheriff’s Office posed as a booster, and on at least five occasions brought items purportedly stolen from Home Depot to Chesapeake Pawn to sell.  The defendants all purchased items from the undercover, knowing they were stolen, and later sold those items on eBay.

As a licensed pawn broker business, Chesapeake Pawn is required to enter all items that are sold to Chesapeake Pawn into the Regional Automated Property Information Database (RAPID) within 24 hours of the purchase date.  RAPID is a law enforcement tool used for tracking transactions conducted by pawn brokers in an effort to guard against the sale of, and to aid in the recovery of, stolen merchandise.  The conspirators entered many of the stolen items into the RAPID system, even though they knew the items were stolen. 

As part of their plea agreements, Gelfen, Gutman, and Babich are all required to forfeit any proceeds or property obtained as a result of the scheme, and to pay restitution totaling $132,605.30.

The defendants each face a maximum sentence of 20 years in prison for the wire fraud conspiracy.  U.S. District Judge Richard D. Bennett has scheduled sentencing for Gelfen on June 3, 2019, for Babich on June 5, 2019, and for Gutman on June 19, 2019, all at 3:00 p.m.

United States Attorney Robert K. Hur commended the Secret Service and the Harford County Sheriff’s Office for their work in the investigation and thanked investigators from Home Depot for their assistance.  Mr. Hur thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the case.



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Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2

Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2

Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE1
Format: N2

Description: The four digit AO offense code associated with FTITLE1
Format: A4

Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
Format: YYYYMMDD

Description: The number of days from the earlier of filing date or first appearance date to proceeding date
Format: N3

Description: The number of days from proceeding date to disposition date
Format: N3

Description: The number of days from disposition date to sentencing date
Format: N3

Description: The code of the district office where the case was terminated
Format: A2

Description: A code indicating the type of legal counsel assigned to a defendant at the time the case was closed
Format: N2

Description: The title and section of the U.S. Code applicable to the offense that carried the most severe disposition and penalty under which the defendant was disposed
Format: A20

Description: A code indicating the level of offense associated with TTITLE1
Format: N2

Description: The four digit AO offense code associated with TTITLE1
Format: A4

Description: The four digit D2 offense code associated with TTITLE1
Format: A4

Description: A code indicating the severity associated with TTITLE1
Format: A3

Description: The code indicating the nature or type of disposition associated with TTITLE1
Format: N2

Description: The number of months a defendant was sentenced to prison under TTITLE1
Format: N4

Description: A code indicating whether the prison sentence associated with TTITLE1 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4

Description: The number of months of probation imposed upon a defendant under TTITLE1
Format: N4

Description: A period of supervised release imposed upon a defendant under TTITLE1
Format: N3

Description: The fine imposed upon the defendant at sentencing under TTITLE1
Format: N8

Description: The total prison time for all offenses of which the defendant was convicted and prison time was imposed
Format: N4

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
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