Lexington Market Gun Complaint

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UNITED s1A TES DISTRICT COURT DISTRICT OF MARYLAND

UNITED STATES OF AMERICA

MICHAEL :AP~NAKIS,
and SHARON JEANETTE HEBERLE,

CRIMINAL COMPLAINT
CASE NUMBER:

--------

JKB

Defendants. I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief: From about May 2007, through March 2009, in the District of Maryland, MICHAEL PAP ATONAKIS and SHARON JEANETTE HEBERLE, the defendants, not being licensed dealers of firearms within the meaning of Chapter 44, Title 18, United States Code, did willfully engage in the business of dealing in firearms, in violation of Title 18, United States Code, Sections 922(a)(l)(A), 923(a), and 924(a)(l)(D). I further state that I am a Task Force Officer with the Bureau of Alcohol, Tobacco, Firearms and Explosives and that this complaint is based upon the following facts: See Attached Affidavit Continued on the attached sheet and made a part thereof: @Yes 0 No

~~-;E-R-JR-.-~----BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES Sworn to before me and subscribed in my presence,

""?.' 1{ f;v1 at Baltimore, Maryland

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UNITED STATES MAGISTRATE JUDGE

AFFIDA VIT IN SUPPORT OF CRIMINAL COMPLAINT I, James A. Bradley, Jr., being duly sworn, do hereby solemnly swear and affirm: I. I am a Task Force Officer (TFO) with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and have been so appointed since June 2005. Prior to my appointment as a TFO, I havebeen employed by the Baltimore Police Department (BPD) since April 1, 1999. I am currently assigned to the Violent Crime Impact Division serving in a Federal Task Force with the ATF VCIT. I have also received training from the BPD, the Florida National Guard, and the DEA. 2. This affidavit is in support of a Complaint against MICHAEL PAPANTONAKIS and SHARON JEANETTE HEBERLE. This affidavit is based upon my conversations with other law enforcement officers and other individuals and my review of relevant documents. Because this affidavit is being submitted for the limited purpose of establishing probable cause, it does not include all of the facts that I have learned d~ring the course of this investigation. Where the contents of documents, and the actions and statements of others are reported herein, they are reported in substance and in part, except where otherwise indicated. 3. Based on interviews with officers of the BPD and a review of records maintained by the BPD, I have learned the following: During the month of May 2007, Baltimore Police Department ("BPD") Detective/Bureau of Alcohol, Tobacco, Firearms and Explosives ("BA TFE") Task Force Officer James Bradley was contacted by BPD Detective Stephen Mahan who told Detective Bradley he had a confidential source, ("ATF CI-2 I 0"), who had been purchasing firearms and cocaine in Baltimore, Maryland from an individual named Michael Papantonakis. Papantonakis owns a potato chip stand in the Lexington Market in Baltimore, Maryland. An initial criminal check for Papantonakis was negative. On September 17,2007 at approximately 2:55 pm, ATF CI-21 0 placed a call to Papantonakis' cell phone at 410-977-4909 to discuss the possible purchase of firearms. During this call, Papantonakis told ATF CI-21 0 his man "Jack" had two firearms for sale. He described them as a Walther P-38 handgun and a Beretta .380 handgun. Papantonakis told ATF CI-21 0 "Jack" wanted $650.00 for both guns. ATF CI-21 0 told Papantonakis s/he would call him back. This call was recorded. Later at approximately 3 :06 pm, ATF CI-21 0 called Papantonakis back and informed him s/he would take the Beretta firearm but didn't want the Walther. Papantonakis said he would take the money the next day at his Lexington Market potato chip stand. On September 18, 2007 at approximately 11:45 am, Det. Bradley and other officers met ATF CI-21 0 outside the Lexington Market. ATF CI-21 0 was searched and found to be free of contraband and money. ATF CI-21 0 was supplied with

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$650.00 in BPD departmental funds and directed to go to the Papantonakis' chip stand and purchase the firearm.

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BPD Sgt. Yelte followed ATF CI-210 into the market. Once at the potato chip stand, ATF CI-21 0 was met by Sharon Heberle, Papantonakis' girlfriend.' She told ATF CI-21 0 Papantonakis was not there as he had gone to pick up the firearm. ATF CI-21 0 gave Heberle the money and was instructed by Heberle to come back the next day to pick up the firearm. Sgt. Yelte was able to hear the conversation between ATF CI-21 0 and Heberle and witnessed the exchange of money. On September 19,2007 at approximately 3:30 pm, ATF CI-21 0 entered the Market followed by Sgt. Yelte and Det. Burrus. ATF CI-21O was informed by Heberle that Papantonakis was not there and that Heberle had been directed to handle the deal. Heberle was observed to place a large white bag on the counter. Heberle was then observed showing ATF CI-2 I0 something behind the counter. Thereafter, ATF CI-21 0 was observed stepping out from behind the counter and picking up the large white bag from the counter. ATF CI-210 walked directly to the public restrooms with Sgt. Yelte and Det. Burrus following. Sgt. Yelte then took possession of the white bag. Outside, ATF CI-21 0 told Sgt. Velte and Det. Burrus that Heberle had shown him/her the Walther P-38 that Papantonakis had picked up at the same time he picked up the Beretta. Heberle told ATF CI-21 0 that Papantonakis had told Heberle to ask ATF CI-21 0 if s/he wanted to purchase it as well. Sgt. Yelte opened the large white bag and found it contained a Beretta .380 caliber firearm, serial number B05143Y and one magazine. On November 14,2007 at approximately 9:00 am, Papantonakis called ATF CI-210 from his cell phone number 410-977-4909. Papantonakis told ATF CI-210 he had a 9mm Sig-Sauer firearm for sale for $800.00. ATF CI-21 0 told Papantonakis s/he would check with his/her people and would call Papantonakis back. This call was not recorded. ATF CI-21 0 immediately called Det. Bradley to inform him of the call from Papantonakis. Det. Bradley instructed ATF CI-210 to make a three-way call to Papantonakis and to tell him ATF CI-21 0 had the money to purchase the firearm and wanted to do so for the agreed price of$800.00. Papantonakis told ATF CI-21 0 s/he could drop the $800.00 off with Sharon Heberle, Papantonakis' girlfriend, who would be at the potato chip stand at the Lexington Market that day. Papantonakis told ATF CI-21 0 he would pick up the money later and would then go and get the firearm which ATF CI-21 0 could retrieve the following day at the Market. Because the call was a three-way call between Papantonakis, ATF CI-21 0 and Det. Bradley, Det. Bradley was able to hear this conversation in its entirety.

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Later, at approximately 11 :45 am, A TF CI-210 met with Det. Bradley and other officers. S/he was searched and found to be free of contraband or money. Thereafter, A TF CI-21 0 was given $800.00 in BPD departmental funds and directed to go to into the Market directly to Papantonakis' potato chip stand and to give the money directly to Heberle. Sgt. Velte and Det. Burrus followed A TF CI-21 0 into the Market. A TF CI-2l 0 was observed speaking to Heberle and then handing the money to her. A TF CI-21 0 then immediately left the Market and returned to BPD's care where slhe was once again searched and found to be free of any contraband or money. On November 15,2007 at approximately 11 :30 am, A TF CI-21 0 entered the Market and went directly to Papantonakis' potato chip stand, this time accompanied by U/C 1759, whom ATF CI-210 planned to introduce to Papantonakis in an effort to have U/C 1759 purchase additional firearms from Papantonakis. Sgt. Velte and Det. Burrus were able to observe both A TF CI-21 0 and U/C 1759 as they entered the Market. ATF Cl-21 0 was able to introduce U/C 1759 to Papantonakis as a fellow MS-13 gang member. Papantonakis then told A TF CI-21 0 the gun was in his van at the loading dock area. Papantonakis then led both A TF CI-21 0 and U/C 1759 to the loading dock to his van which bore Pennsylvania tag YSLl522. Papantonakis removed a bag from the van and from the bag, removed a 9mm Sig-Sauer firearm. Papantonakis racked the firearm several times before handing it to U/C 1759 for inspection. A TF CI-21 0 and U/C 1759 then left with the firearm and met up with Sgt. Velte and Det. Burrus. The firearm, a Sig-Sauer 9mm handgun with serial number U495776, and two magazines were turned over to ATF and were placed in the A TF evidence vault. On February 19, 2008, Papantonakis called ATF CI-21 0 from his cellular phone number 41 0-977 -4909. Papantonakis left a message on the voice mail of A TF CI-210 saying he had five guns for sale and asked A TF CI-21 0 to call him back. A TF CI-21 0 immediately called Det. Bradley and informed him of the call. Det. Bradley had A TF CI-21 0 place a recorded phone call to Papantonakis to discuss the firearm sale, including the price of the firearms. Due to a technical malfunction, this phone call was not recorded. On February 20,2008 at 9:00 am, ATF CI-210 was instructed to make another phone call to Papantonakis' cell phone to discuss the purchase of the firearms. ATF Cl-21 0 was unable to speak to Papantonakis at that time and left a message on his voice mail. Later, at approximately 10:06 ani, A TF CI-2l 0 placed another call to Papantonakis. This call again went to voice mail. Later, at approximately 2:41 pm, A TF CI-21 0 placed another call to Papantonakis' cell phone. When Papantonakis answered, A TF CI-21 0 told him slhe had forgotten the prices of the guns they had discussed on February 19,2008. Papantonakis told A TF Cl-2l 0 he was driving and instructed A TF CI-21 0 to call him later for the prices.

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On February 20,2008 at approximately3 :46 pm, ATF Cl-21 0 placed another called to Papantonakis' cell phone. During this conversation, Papantonakis told ATF Cl-210 the prices of the guns were as follows: one 1045 auto compact for $1,100.00; one Sig-Sauer P232 .380 caliber for $800.00; one Smith and Wesson 9mm with two magazines for $850.00; one Beretta 9mm 92F with three magazines for $1000.00; and one Colt MK5 .357 revolver with a six inch barrel for $850.00. On February 20, 2008 at approximately 4: 13 pm, A TF Cl-21 0 placed another call to Papantonakis to let him know ATF CI-21 0 was interested in buying four of the guns Papantonakis had previously described. Papantonakis told A TF CI-21 0 he would call his source and tell him/her. A IF CI-21 0 asked Papantonakis if it would be okay to send U/C 1759 with the money. Papantonakis said that would be fine. Later, at approximately 4:50 pm, A IF Cl-210 called Papantonakis to see if everything was alright with the deal. During this call, Papantonakis told ATF CI-21 0 he could get all five guns for $3600.00. On February 21, 2009 at approximately 11:00 am, A IF Cl-210 called Papantonakis to tell him U/C 1759 would be bringing the money to the Lexington Market. Papantonakis told A IF CI-21 0 although he was not then at the Lexington Market, his girlfriend Sharon Heberle knew that they would be dropping off the money. Papantonakis told ATF CI-21 0 once the money was dropped off to Heberle, she would call Papantonakis and let him know the money was delivered. Papantonakis would then get the money and deliver it to his gun supplier. Papantonakis told A TF Cl-21 0 he would be back in a few hours and would call upon his return. On February 21, 2008 at approximately 11 :30 am, U/C 1759 was given $3600.00 in Baltimore Police Department funds which was then secreted in a Doritos bag. Accompanied by a surveillance team, U/C 1759 went to the Lexington Market and directly to Papantonakis' potato chip stand where he handed the Doritos bag to Heberle. U/C 1759 told Heberle "this is for Mike." Det. Bradley observed this from a location in the Market. Oct. Bradley observed Heberle remove the money from the Doritos bag and begin to count it. Later, at approximately 2:00 pm, A IF CI-21 0 received a phone call from Papantonakis who said he was on his way to pick up the guns and would be back shortly. At approximately 5:20 pm, Papantonakis called AIF Cl-21 0 and told him/her the guns were available for pick up at the Market. At approximately 5:45 pm, AIF CI-21 0 and U/C 1759 drove to the Market, followed by a surveillance team. While in route to the Market, Papantonakis called A IF Cl210 and instructed him/her to meet him in the Market parking lot as the Market was closed. When A IF Cl-21 0 and U/C 1759 arrived at the parking lot they observed a large fiat-bed truck parked in the loading dock area. They observed Heberle in the passenger seat of the truck as she waved her hands and signaled A IF Cl-21 0 and U/C 1759 to the vehicle.

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Papantonakis displayed a large box s';(~ '~:;~nJjjuJgl~k'~iv~~J~'t~ whole box, The four of them are right in there, I'll show you each one of them," A TF CI-21 0 then told Papantonakis they had agreed on the purchase of all five guns, Papantonakis disagreed with A TF CI-21 0 and continued to display the four firearms. Three of the firearms were then placed into a backpack that U/C 1759 was carrying and the remaining firearm was kept in the box, Upon leaving, A TF CI-21 0 told Papantonakis "you owe me big time." Shortly thereafter, Papantonakis called A TF CI-210 from his cell phone. Papantonakis stated, "That was a good price for four guns. You said you didn't want the Beretta 9 mil." ATF CI-21 0 asked Papantonakis, "What about another shipment like this?" Papantonakis responded, "You know they go quick. We're real used to selling to Bloods and Crips. The guy had an Uzi pistol with two extra clips, that was two thousand. I was like, I could have got you three thousand for that." Papantonakis then advised A TF CI-21 0 not to speed in order to avoid getting pulled . over and .further told A TF CI-21 0 if he did get pulled over, to tell the police he bought the guns in Shrewsbury, Pennsylvania. All four guns were turned over to A TF and were placed in the A TF evidence vault. On February 23,2009, A TF CI-21 0 was informed by Papantonakis that he had a good gun connection and had plenty of guns for sale. Papantonakis informed A TF CI-21 0 that he had four pistols for sale and $750.00 for each gun. On February 26,2009, A TF CI-21 0 placed a recorded phone call to Papantonakis and indicted that s/he wanted to purchase two of the firearms and would send "Chris" (U/C 1759) to conduct the transaction. Papantonakis told A TF CI-21 0 that he would not be present during the transaction but that "Chris" (U/C 1759) could give the money to Sharon, On February 26,2009, U/C 1759 was given $1 ,500.00 in pre-recorded but money and a recording device. U/C 1759 approached the potato chip stand owned and operated by Papantonakis and his girlfriend, Sharon Horn. U/C 1759 asked Sharon if "Mike" was there. Horn told U/C 1759 that he was not there right now he would be back in an hour. U/C 1759 handed Horn a plastic bag containing $1,500.00 in pre-recorded buy money and told her that it was for "Mike" for two of them. Horn acknowledged "O.K.". U/C 1759 asked Horn if she could tell "Mike" to hold onto the other two until next week, U/C 1759 then asks Horn if she would call Papantonakis ask him if that would be alright. U/C 1759 and PAPANTONAKIS have a conversation about possibly buying more firearn1s next week. At the conclusion of the phone call with Papantonakis, U/C 1759 thanked Horn and left the Lexington Market. On February 27, 2009 at 9:55 a.m., U/C 1759 was fitted with a recording device. U/C 1759 was driven to the Lexington Market. U/C 1759 approached the potato chip stand owned and operated by Michael Papantonakis and his girlfriend, Sharon Horn. Once at the stand, U/C 1759 made contact with Horn who invited U/C 1759 behind the counter to inspect the firearms, Horn directed U/C 1759 to brown

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paper bag behind the stand, in the bag U/C 1759 found two serial# ADF587US in a case, and a Beretta 9mm serial #BER3788632 in a case. VIC 1759 inspected both firearms and advised Hom that they looked good, Hom told VIC 1759 "Just give Mike a call if slhe needed anything else." U/C 1759 took possession of the firearms and left the market. On March 3, 2009 at 11 :37 a.m" TFO Bradley met with U/C 1759 and himlher place a controlled phone call to Papantonakis at 410-977 -4909, which recorded, During the phone conversation, U/C 1759 asked Papantonakis if he had the two firearms that they talked about the week prior. Papantonakis told 1759 that he did a deal with the HA (Hells Angels) but he did have,two firearms forU/C 1759. had was still

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VIC 1759 then started to talk to Papantonakis about buying some silencers or fully automatic weapons in the future, Papantonakis told VIC 1759 that he didn't have any silencers and slhe would havetogo to a machine shop to get the silencers made. Papantonakis told U/C 1759 he previously had several connects, one being a military guy where he could get M-16's, but since the "911 Incident" he'd lost a lot of his connections and it' had been hard to get fully automatic weapons. U/C 1759 and Papantonakis agreed to meet on March 4th conduct the transaction. On March 4, 2009 at 12: 18 p,m., U/C 1759 made a recorded phone call to Papantonakis at 410-977-4909, During the phone conversation, VIC 1759 asked Papantonakis if he was ready to meet. Papantonakis told U/C 1759 that he was not ready and they agreed to meet at 1:00 p.m, On March 4, 2009, at 12:55 p,m., U/C 1759 made a recorded phone call to Papantonakis at 410-977-4909, During the phone conversation, U/C 1759 told PAPANTONAKIS that he was ten to fifteen minutes away. PAPANTONAKIS told U/C 1759 that he was already there waiting. At approximately 1: 1a p.m" U/C 1759 was driven to the Lexington Market and supplied a recording device and $1,500,00 in departmental buy money. U/C 1759 then entered the Lexington Market and approached the potato chip stand owned and operated by Papantonakis and his girlfriend. Once at the potato chip stand VIC 1759 was advised by Sharon Horn that Papantonakis was sitting in his truck in the loading dock area waiting for U/C 1759. Horn then directed VIC 1759 to the loading dock area. Once VIC 1759 exited the Lexington Market into the loading dock area, slhe found Papantonakis sitting in a red sport utility vehicle, VIC 1759 approached the vehicle and entered same sitting in the front passenger seat. Once in the vehicle, Papantonakis told VIC 1759 that he was looking for someone to "take care" of the manager that runs the Lexington Market, Casper Genco. Papantonakis told VIC 1759 that he knew everything there was to

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know about GENCO - what time he comes to work, what time he leaves work, etc. Papantonakis told D/C 1759 that he even knew where all the security cameras were. D/C 1759 asked Papantonakis ifhe wanted Genco killed and Papantonakis stated that he didn't want him killed, he just wanted him beaten. D/C 1759 then supplied Papantonakis with the $1,500.00 in departmental buy money. Papantonakis handed D/C 1759 an UTZ potato chip box that contained two firearms: a Tarus, 9mm, Model PT92AF, Serial # TNA37926D, and a Para-Ordnance, .45 caliber, Model P14 45, Serial # RH2433. D/C 1759 and Papantonakis spoke for a few more minutes before D/C 1759 exited the vehicle and \valked back to hislher vehicle carrying the potato chip box. On March 25, 2009, at 2:0 I p.m., D/C 1759 made a recorded phone call to Michael Papantonakis at 41 0-977-4909. During this phone conversation, D/C 1759 told Papantonakis that slhe would be in town on March 26, 2009, with $1,500.00 and wanted to know ifhe would have anything for himlher. Papantonakis told D/C 1759 that he would have something and he could pick more up. D/C 1759 asked Papantonakis if he would have at least two and Papantonakis tells himlher that he would. On March 26,2009, at 12:28 p.m.,D/C 1759 made a controlled phone call to Papantonakis at 410-977-4909. During the call, D/C 1759 told Papantonakis that slhe was in Delaware and would be there shortly. D/C 1759 asked Papantonakis if he wanted himlher to meet him at the Lexington Market. Papantonakis told D/C 1759 that he could not bring the type of firearms that he had in his possession to the market and that they would have to meet somewhere else. Papantonakis and D/C 1759 had a brief discussion about the firearms and D/C 1759 learned that Papantonakis had rifles that he wanted to sell. D/C 1759 told Papantonakis that slhe thought Papantonakis had only handguns for sale and not rifles. Papantonakis told D/C 1759 that he did have handguns but they where gone already. On March 26,2009, at 12:45 pm, D/C 1759 made a recorded phone call to Michael Papantonakis at 41 0-977A909. During the call, D/C 1759 tried to have Papantonakis clarify exactly what type of guns he had to sell. Papantonakis told D/C 1759 that he had two 30106 rifles for sale and an SKS .7mm for sale. D/C 1759 asked Papantonakis what he wanted for the firearms and Papantonakis told D/C 1759 that he wanted $850.00 for the SKS and $ I ,500.00 for both of the 30106 rifles. D/C 1759 told Papantonakis that he would call him back. On March 26, 2009, at 12:54 p.m., D/C 1759 made a recorded phone call to Papantonakis at 410-977-4909. D/C 1759 told Papantonakis that slhe did not want the rifles and then asked if he would be able to get a hold of some handguns if D/C 1759 paid extra. Papantonakis told D/C 1759 that he did not think he could get handguns but would try and would call him/herback. Papantonakis called D/C 1759

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back and told him/her that he talked to his supplier and his supplier did not have any handguns right now but told Papantonakis that he would look around. On March 26, 2009, at 1:55 pm, U/C 1759 made a recorded phone call to Papantonakis at 41 0-977-4909. During the phone call, U/C 1759 asked Papantonakis if he would be willing to sell U/C 1759 the three rifles for $2,000.00 instead of $2,350.00. Papantonakis told U/C 1759 that he would sell him/her the three rifles for $2,000.00 on one condition but they would talk about that when U/C 1759 arrived. U/C 1759 asked Papantonakis ifhe wanted him/her to come to the Market. Papantonakis asked U/C 1759 ifs/he was familiar with the Hollins Street Market and U/C 1759 told him "yes." Papantonakis gave U/C 1759 directions to the Hollins Street Market and told him/her that he lives at 1026 Boyd Street. On March 26, 2009, at 2:20 p.m. U/C 1759 was supplied with $2,000.00 in departmental buy money and fitted him/her with a recording device which is capable of recording audio and video. U/C 1759 drove to the 1000 block of Boyd Street where Papantonakis was observed exiting 1026 Boyd Street. Papantonakis approached U/C 1759's vehicle and entered same sitting in the front passenger seat. Once Papantonakis was in the vehicle, he and U/C 1759 engaged in general conversation. Papantonakis told U/C 1759 about the condition that he was speaking of on the phone. Papantonakis told U/C 1759 that he wanted him/her to beat up Casper Genco, the manager of the Lexington Market. U/C 1759 asked Papantonakis if he just wanted him beat up or he wanted him taken care of and Papantonakis told him/her "just beaten up." Papantonakis then went on and told U/C 1759 maybe s/he could use some a bat or something just enough to break his arms and legs. Papantonakis and U/C 1759 spoke for approximately ten minutes inside the vehicle before exiting. After Papantonakis got out of the vehicle he entered 1026 Boyd Street as U/C 1759 waited outside. With the door to 1026 Boyd Street open, Papantonakis took each rifle out of its case and showed U/C 1759 exactly what s/he was buying. The first rifle was the SKS rifle, serial #AM3028. The next rifle was a 30/06 Revelation, Model 250, Serial # 62031. The third rifle was a 30/06 Stevens, Model 11OE, Serial #0853706. Papantonakis handed the rifles out the door to U/C 1759 who would then walk them over to the vehicle and place them inside. After U/C 1759 had taken possession of all three firearms s/he gave Papantonakis the $2,000.00 in departmental buy money. Papantonakis then stood in the door way and counted the money. After Papantonakis had counted the money he started to talk to U/C 1759 about the other firearms that he had in the house. Papantonakis then left the door way and walked into the kitchen and retrieved two handguns from a kitchen cabinet. He then walked back to the front door where U/C 1759 was waiting. Papantonakis took the firearms out of their holsters and showed them to U/C 1759. The first gun was a .25 caliber and the second was a .380 caliber

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handgun. Papantonakis told U/C 1759 that he had some more guns up stairs, including a shotgun. U/C 1759 and Papantonakis spoke for a few more minutes before U/C 1759 left the area. 4. Based on the foregoing, I respectfully submit that there is probable cause to believe that the defendant, MICHAEL PAPANTONAKIS and SHARON JEANETTE HEBERLE, not being licensed dealers of firearms within the meaning of Chapter 44, Title 18, United States Code, did willfully engage in the business of dealing in firearms, in violation of Title 18, United States Code, Sections 922(a)(I)(A), 923(a), and 924(a)(1)(0).

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(~-'IkS(A'. BjADLEY, JR. TASK PeRCE OFFICER Bureau of Alcohol, Tobacco, Firearms and Explosives

Sworn to before me this 315t day of March, 2009.

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UNiTED STATES MAGISTRATE JUDGE DISTRICT OF MARYLAND

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