Court filing
Letter from Shari Silver Derrow to Judge Russell, April 3, 2023 — No. 1:22-cr-00224 (Dkt. 30, D. Md.)
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A letter dated April 3, 2023 from Shari Silver Derrow, Assistant Federal Public Defender, to Judge George L. Russell, III in United States v. Dana Hayes, No. GLR-22-0224, in the U.S. District Court for the District of Maryland, filed as Document 30 in Case 1:22-cr-00224-GLR. Written ahead of the April 17, 2023 sentencing hearing, it states that Hayes pleaded guilty to one count of wire fraud under 18 U.S.C. § 1343 and that the guidelines range is 8-14 months. The letter says Hayes submitted EIDL and PPP applications with false employee and payroll information for D&L Investment Properties and received a total of $50,036. It notes that Probation recommended 30 days in prison and asks for time served, three years of supervised release, eight months of home detention and community service, citing family and employer letters and two charts of fraud sentences.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed April 3, 2023 in No. 1:22-cr-00224; one of 1 filings from this case.
Record facts
| Court | U.S. District Court for the District of Maryland |
|---|---|
| Filed | 2023-04-03 |
Cite this document
“Letter from Shari Silver Derrow to Judge Russell, April 3, 2023 — No. 1:22-cr-00224 (Dkt. 30, D. Md.).”
U.S. District Court for the District of Maryland, No. 1:22-cr-00224, Doc. 30, filed 2023-04-03. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/mdd-1-22-cr-00224/2023-04-03-letter-from-shari-silver-derrow-to-judge-russell-april-3-202-dkt-30/
, SHA-256 c6c8d822188ee2180971e4f8accae7d6476b33e486484e8e1b25cd2265057ab1.Full text
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 1 of 12
OFFICE OF THE FEDERAL PUBLIC DEFENDER
DISTRICT OF MARYLAND
NORTHERN DIVISION
TOWER II, 9TH FLOOR
100 SOUTH CHARLES STREET
BALTIMORE, MARYLAND 21201-2705
TEL: (410) 962-3962
FAX: (410) 962-0872
TOLL FREE: (855) 213-8450
JAMES WYDA SHARI SILVER DERROW
FEDERAL PUBLIC DEFENDER ASSISTANT FEDERAL PUBLIC DEFENDER
VIA CM/ECF
April 3, 2023
The Honorable George L. Russell, III
United States District Court
for the District of Maryland
101 West Lombard Street
Baltimore, Maryland 21201
Re: United States v. Dana Hayes, No. GLR-22-0224
Dear Judge Russell:
I write in advance of Dana Hayes’ sentencing hearing, scheduled for April 17, 2023. As
the Court is aware, Mr. Hayes has pleaded guilty to one count of wire fraud, in violation of 18
U.S.C. § 1343. ECF No. 26. Under the terms of the plea agreement, the parties have reserved
the right to advocate for a reasonable sentence. Id.
Probation and the parties agree that that the applicable guidelines range is 8-14 months,
corresponding to a final offense level of 11 and a criminal history category I. PSR ¶ 64. As set
forth in the Presentence Report (“PSR”), Mr. Hayes’ adjusted offense level is based on the
following calculations: base offense level of 7, plus 6 levels (due to loss amount of $50,036),
minus 2 levels for acceptance of responsibility. PSR ¶ 63; ECF No. 26 ¶ 6(d). Mr. Hayes falls
within a criminal history category I based on zero criminal history points. PSR ¶ 65. Mr. Hayes’
resulting advisory guidelines range of 8-14 months falls within Zone B. PSR ¶ 104. 1 That
guidelines range—which is exceedingly modest compared to the guidelines ranges of most
1
As the Court knows, in Zone B cases, the Guidelines allow the Court to impose a
probationary sentence with a condition or combination of conditions requiring intermittent
confinement, community confinement, or home detention. U.S.S.G. § 5B1.1(a)(2). The U.S.
Probation Office has recommended a split sentence of 30 days in prison, followed by three years
of supervised release, with the first seven months on home detention. PSR at 18-19. As
explained below, a period of incarceration would serve no productive purpose.
1
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 2 of 12
defendants in federal court, including most defendants convicted of federal fraud offenses—
places Mr. Hayes’ case in the heartland of cases for which a non-prison sentence is appropriate.
A prison sentence would exceed what is sufficient, but not greater than necessary, to
accomplish the goals of sentencing under 18 U.S.C. § 3553(a). Born in Park Heights to a single-
teenage mother, Mr. Hayes overcame steep odds to graduate from Dunbar High School and later
Morgan State University. Mr. Hayes’ mother—who worked her way through college and
graduate school to eventually become a teacher in the Baltimore City Public School System—
was his model and inspiration. Even as a college student, Mr. Hayes balanced a full-time job and
many familial responsibilities, including caring for his then-infant daughter.
In 2020, after years of juggling numerous competing demands, Mr. Hayes made
regrettable decisions that are totally contrary to his core values of hard work and persistence. He
applied for loans for his business, D&L Investment Properties, submitting applications that
contained false information. Mr. Hayes received a total of $50,036; he did not spend the money
on lavish purchases, but instead used the money to help support his family. Mr. Hayes knows
there is no excuse for his actions. He is exceedingly remorseful for his poor choices and has
accepted full responsibility by entering a timely guilty plea in this case.
Mr. Hayes has already experienced serious consequences for his behavior. Mr. Hayes
lost both of his jobs following his arrest, and spent the next three months searching for
employment. He now works for a non-profit organization that provides housing to vulnerable
populations, and also secured a second job as a counselor at a youth residential treatment center.
Mr. Hayes speaks openly and honestly with young people at the program about his mistakes.
This case has been an enormous fall for Mr. Hayes. He is disappointed in himself and is
acutely aware that he has disappointed his family. His sister calls his arrest “the first time in
[her] life [she] was ashamed of [her] brother.” Exhibit 4 (Letter from Taylor Sweat). Mr. Hayes
has spent the past nearly one year since his arrest trying to earn back the trust of his family and
his community.
For the reasons stated below, the Court should sentence Mr. Hayes to time served (two
days and one night in custody), followed by three years of supervised release, with a period of
eight months of home detention and community service as conditions of supervision.
2
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 3 of 12
I. Mr. Hayes is a hardworking family man, whose modest upbringing in a
single-parent home in Park Heights motivated him to become the first man in
his family to earn a college degree.
A. Modest Roots
Mr. Hayes was born in January 1985 in Baltimore. His mother, Tonya Lawrence, was a
senior at Western High School when she became pregnant with Mr. Hayes. Ms. Lawrence
fought to remain at Western High School, rather than be sent to the Laurence G. Paquin School,
an alternative school for pregnant teenage girls, because she felt Western offered a better
education. Mr. Hayes’ father, Dana Hayes Sr., was incarcerated during much of his childhood
and “did not have an impactful presence in [his son’s] life.” Exhibit 1 (Letter from Dana Hayes).
Mr. Hayes and his mother lived in a single-family home in Park Heights with Mr. Hayes’
grandparents and uncles. His grandfather was employed as a truck driver, and his grandmother
was employed at Bon Secours Hospital. His grandparents’ home was crowded, and the family
struggled financially at times, but Mr. Hayes grew up feeling “blessed to have such a comforting
family in my life.” Id.
As a child, Mr. Hayes witnessed his mother balancing multiple jobs, school, and home
life—a source of tremendous pride and inspiration for him and the example after which he
modeled his own life. After Ms. Lawrence graduated high school, she secured employment at a
bank. While working to support her family, she also pursued higher education at Strayer
Business College, Coppin State University, where she earned her Bachelor’s Degree, and Notre
Dame of Maryland University, where she earned her Master’s Degree. Ms. Lawrence eventually
became an elementary school teacher in the Baltimore City Public School System. Once Ms.
Lawrence became more financially stable, she moved the family to the Northwood
neighborhood.
B. Commitment to Family and Education
While living in the Northwood neighborhood, Mr. Hayes graduated from Dunbar High
School in 2003, and was accepted to Morgan State University. Even after enrolling at Morgan,
Mr. Hayes worked full-time to pay for tuition and help support the household. He also remained
an involved family member, particularly to his two younger sisters and two young cousins. Ms.
Lawrence recalls that, while Mr. Hayes was a student at Morgan, his uncle left Baltimore to
attend a junior college in Texas, leaving behind two young children, Janaya and Jaylin. Ms.
Lawrence states that Mr. Hayes was a “full-time father figure” to cousins Janaya and Jaylin.
Exhibit 2 (Letter from Tonya Lawrence).
3
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 4 of 12
Mr. Hayes’ responsibilities continued growing, even as he balanced school, work, and
home life. In 2006, Mr. Hayes began dating a woman with a two-month-old baby, Rhian. From
that point on, he raised Rhian as his own daughter.
In 2009, Mr. Hayes graduated from Morgan, becoming the first man in his family to earn
a college degree. Ms. Lawrence describes Mr. Hayes’ college graduation as “one of the proudest
moments [of] a single, black mother.” Exhibit 2. Mr. Hayes’ sister, Marche’ Sweat, likewise
calls his graduation a “monumental occasion;” “[g]rowing up as an African American male in
Baltimore City, my brother had the odds stacked against him from a young age,” but he “always
told me to never take the easy way out and taught me the importance of hard work and effort.”
Exhibit 3 (Letter from Marche’ Sweat). Similarly, Mr. Hayes’ youngest sister, Taylor Sweat,
remarks:
Mr. Hayes is an educated, successful black man; that has beaten obstacles that are
placed to hinder black men from succeeding. It seems as if the birth rights of life,
liberty, and the pursuit of happiness are contradictory to a lot of men of color.
However, Mr. Hayes fought through those obstacles . . . . That is the
perseverance of Dana Hayes.
Exhibit 4 (Letter from Taylor Sweat).
C. Tireless Work Ethic and Devotion to Community
After graduating from college, Mr. Hayes began working as an internal auditor for the
State of Maryland. 2 He purchased his first home—“a major accomplishment [he] could scratch
off [his] bucket list”—and a year later, he welcomed his son, DaCarlo. Exhibit 1. At that point,
Mr. Hayes was supporting two children, in addition to helping with household expenses for his
mother, grandmother, and sisters.
To earn extra income, Mr. Hayes began renting rooms in his house. His foray into the
rental property business eventually inspired him to start his own business, D&L Investment
Properties. With the assistance of his family, Mr. Hayes was able to purchase a house that he
flipped in 2019. In 2021, Mr. Hayes started D&L Trucking Company to lease a truck to
contractors for a fee. PSR ¶ 99. Mr. Hayes was extremely proud to provide for his family and
was particularly proud to provide for them through his entrepreneurship.
2
As noted in the PSR, Mr. Hayes worked for ten years as an internal auditor for the State
of Maryland. PSR ¶ 98. After that, Mr. Hayes was employed as an accountant for Strong City
Baltimore, and later performed financial analysis for Baltimore Regional Housing Partnership.
PSR ¶¶ 96-97.
4
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 5 of 12
Moreover, as hard as Mr. Hayes worked to support his family, he was equally committed
to giving back to his community. Raschid Smith—a licensed clinical social worker and the
President/CEO of AGS Programs (Achieving Your Greatest Self), a behavioral health program—
describes Mr. Hayes’ volunteer work for the program, including participating in a back-to-school
rally and Christmas giveaway events. See Exhibit 5 (Letter from Raschid Smith). Mr. Smith
writes:
I can attest that Mr. Hayes is a man of great integrity, always accepts his
responsibilities, and is extremely dedicated to any endeavor he pursues as well as
his family. Mr. Hayes is a true example of a person who’s faced with various
adversities however always displays the definition of being resilient. I believe
Mr. Hayes[’] greatest strength is his ability to learn. He is capable, intelligent,
loving, trustworthy, and determined.
Id.; see also Exhibit 6 (Letter from Dr. Cassondra Humphrey) (describing how Mr. Hayes helped
Dr. Humphrey when she was new to the area; “I have observed him being caring, [a] hard-
worker and also always willing to help others in less fortunate situations”).
Through his volunteer work, Mr. Hayes formed relationships with youth in the
community. Taylor describes how Mr. Hayes took boys in the community “to the gym to teach
them to be more health conscious, and to football/basketball games at local high schools and
HBCUs.” Exhibit 4. Marche’ likewise writes that Mr. Hayes has “tak[en] time out of his
weekend to spend with young boys trying to encourage them to stay the course and not go down
the wrong path.” Exhibit 3; see also Exhibit 2 (discussing how Mr. Hayes is a “mentor to
younger boys”).
D. Balancing Many Competing Demands
While Mr. Hayes derived a great deal of personal satisfaction from his work and
community service, he felt enormous pressure to keep up his breakneck schedule, while also
remaining an involved father, son, grandson, and uncle. Mr. Hayes’ mother had shown him what
hard work looked like, and he never wanted to let her or the rest of his family down.
Ms. Lawrence recognizes that Mr. Hayes has a tendency to burn the candle at both ends:
My son has always been a giver, caretaker, and provider for others. I feel Dana is
sometimes burdened with having a good heart and doing for others before
himself. I am proud I raised a son that is thoughtful, kind, and generous;
however, I should have taught him not to stretch himself out so thin.
Exhibit 2; see also Exhibit 4 (stating that Mr. Hayes “tries to stretch himself out to be there for
others”).
5
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 6 of 12
Mr. Hayes, for his part, is endlessly grateful for the remarkable example his mother has
set. He has aspired to live his life with the core values of hard work and persistence she has
instilled in him. Mr. Hayes recognizes that his conduct in this case is at odds with those values,
and he is deeply ashamed and disappointed that he has let himself, his family, and his community
down.
II. Mr. Hayes’ conduct in this case—which was borne of a desire to support his
family—was aberrant, and he is now working two jobs to pay restitution.
The conduct in this case represents an aberration in Mr. Hayes’ otherwise upstanding and
law-abiding life. Mr. Hayes has never before been charged, much less convicted, of a fraud
offense. In 2020, Mr. Hayes was struggling to support the many family members he had assisted
throughout the years. D&L Investment Properties had operated at a loss the year before. Mr.
Hayes was working full-time as an accountant, but his income did not stretch far enough to
provide for not only himself and his children, but also his mother, sisters, and other family
members. Mr. Hayes made regrettable decisions to apply for loans from the Economic Injury
Disaster Loan (“EIDL”) program and the Paycheck Protection Program (“PPP”), submitting
applications that contained false information about the number of employees and payroll
expenses of D&L Investment Properties. In all, Mr. Hayes received two payments from the
EIDL program and two PPP loans; he received a total of $50,036. He did not spend the money
on lavish purchases. Rather, he used the money to help support his family. Mr. Hayes is full of
remorse for his “very irresponsible decisions” and knows he “went about [trying to support his
family] in completely the wrong way.” Exhibit 1.
Mr. Hayes’ arrest was a devastating blow. His family’s disappointment was agonizing.
Mr. Hayes let down the people he most wanted to help. When Mr. Hayes was arrested, he was
working two accounting jobs; he lost both in close succession. Mr. Hayes was unsure he would
ever be able to work again as an accountant. The prospect of his career ending was distressing.
The prospect of being unable to support his family was terrifying. But Mr. Hayes refused to
succumb to fear and anxiety; he knew that he had work to do to right his wrongs. Mr. Hayes
wasted no time and began an exhaustive job search.
Mr. Hayes was told “no” many times during his job search, but his diligence eventually
paid off. About three months after his arrest in this case, Mr. Hayes secured employment as an
accountant for Prologue Inc., a non-profit organization that offers housing to vulnerable
populations. Even after securing that job, Mr. Hayes continued looking for opportunities to
supplement his income, while also giving back to his community. This past January, he was
hired as a residential counselor at Nexus-Woodbourne Family Healing, a non-profit organization
that provides residential treatment for youth between the ages of 12-21. Mr. Hayes takes every
opportunity he can to speak with the young men at Nexus “about mistakes I have made and
understanding the consequences I face for said actions.” Exhibit 1.
6
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 7 of 12
Shaneece Hemsley, a unit coordinator at Nexus, describes Mr. Hayes as “an awesome
asset to the youth we serve.” Exhibit 7 (Letter from Shaneece Hemsley). Ms. Hemsley writes:
Mr. Hayes has demonstrated his ability to teach our youth daily new life skills,
committed to providing a safe environment that is free from re‐ traumatizing
stimuli, and building coping skills that will help them continue on their path
towards wellness. If I could describe Mr. Hayes as a person and his work ethics,
it would be a man of humility, grace, integrity, innovation, dependable, and a
person with emotional intelligence. I can remember [an] incident with one of the
youth who we had to place in an Emergency Safety Intervention (restraint), Mr.
Hayes was able to quickly to escalate the individual with his sense of passion and
calmness. While working with Mr. Hayes he has been my “Go to Guy” during
his shifts and even picking up extra shifts. Always assuring and making his
self‐committed to breaking the cycles of the youth so that their healing can begin.
It is an honor and privilege to work along side Mr. Hayes, he has been [an]
instrument of inspiration not only for the youth we serve but his co workers as
well.
Id.
Mr. Hayes’ conduct since his arrest is emblematic of his remorse, his commitment never
to repeat the same mistakes, and his return to the fundamental values with which he was raised.
Mr. Hayes is “100% dedicated to making things right” and working hard to repay every dollar of
restitution. Exhibit 1; see also Exhibit 8 (Letter from Maurice Sweat) (“I know Dana is
remorseful . . . .”).
III. Mr. Hayes’ modest advisory guidelines range places him in the heartland of
probationary cases.
As the chart on the next page demonstrates, the Court has imposed non-custodial
sentences in fraud cases with more aggravated (and prolonged) conduct than the conduct
involved here, including cases where the guidelines range was higher than Mr. Hayes’ modest
advisory guidelines range of 8-14 months:
7
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 8 of 12
Facts and Sentencing Guidelines 3 Sentence Loss
US v. William Simms, Theft of government property. For almost 5 3 yrs probation to $60,890
ELH-15-0246 years, Defendant failed to report work that include 100 hrs of
would have disqualified him from receiving community service
any social security benefits.
OL 10 / CHC I = 6-12 months
US v. Leroy Kamzura, Theft of government property, federal 1 yr probation, all on $177,132
CCB-18-0582 employees’ compensation fraud, and social home detention
security fraud. Defendant failed to report
work as a mover for a period of 7 years.
OL 13 / CHC I = 12-18 months
US v. Teresa Maxfield, Theft of government property. For 4 years, 5 yrs probation to $78,201
RDB-18-0443 Defendant spent her deceased mother’s include 12 mos at
monthly federal employee pension annuity rehabilitation facility
payments and concealed and did not disclose
her death.
OL 10 / CHC I = 6-12 months
US v. Frederick Theft of government property. For nearly 27 5 yrs probation to $356,577
Kellner, DKC-19-0267 years, Defendant converted to his own use his include 6 mos home
parent’s retirement benefits. detention
OL 15 / CHC II = 21-27 months
US v. Craig Colbert, Theft of government property. For 10 years, 4 yrs probation to $216,290
GJH-19-093 Defendant converted his deceased father’s include 9 mos home
retirement benefits to his own use. detention
OL 13 / CHC I = 12-18 months
US v. Gloria Wilson, Theft of government property. For almost 3 yrs probation to $176,874
CCB-15-0633 17.5 years, Defendant received her include 8 mos home
stepmother’s SSA benefits. detention & 100 hrs
community service
OL 13 / CHC I = 12-18 months
US v. Keisha Jones, Theft of government property. For nearly 20 3 yrs probation to $145,044
RDB-18-0590 years, Defendant received SSI while include 12 mos home
concealing and not disclosing marriage. detention
OL 12 / CHC I = 10-16 months
3
Sentencing guidelines range based on an assumed criminal history category I unless
otherwise stated on the docket.
8
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 9 of 12
US v. Betty Ann Theft of government property. For almost 25 3 yrs probation to $325,191
Garner-Newby, PWG- years, Defendant stole retirement annuity include 18 mos home
19-0157 payments for a deceased victim; not only did detention
Defendant fail to report the death, she twice
submitted forms falsely indicating that the
victim remained alive.
OL 10 / CHC I = 6-12 months
US v. Stanley Mail fraud and false statements to obtain 4 yrs probation to $140,255
Pokropski, PWG-19- federal employees’ compensation. Defendant include 18 mos home
0176 submitted for reimbursement 1,563 fake detention
travel claims to see doctors and to visit
hospitals and a pharmacy that did not happen
and were, at least part of the time, grossly
overestimated.
OL 13 / CHC I = 12-18 months
US v. Warren Fox, Theft of government property. Defendant was 1 yr probation $81,564
RDB-21-0367 the owner and CEO of a home health agency
that ceased operating in June 2019, months
before the onset of the COVID-19 pandemic.
About 10 months after the Defendant’s
business permanently closed, he accepted
$81,564 from the Provider Relief Fund, which
was designed to buoy health care providers
during the public health crisis, and converted
the funds for personal use.
OL 10 / CHC I = 6-12 months
By contrast, the Court has reserved jail sentences in PPP fraud cases where the loss
amount exceeded the six figures and/or the defendant had a prior criminal record. Even in those
cases, the Court has granted significant downward variances from the applicable guidelines
range:
9
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 10 of 12
Facts and Sentencing Guidelines Sentence Loss
US v. Brandon Wire fraud. Defendant obtained $305,854 PPP 6 mos in prison, 3 $305,854
Fitzgerald-Holley, GJH- loan for a non-operational non-profit yrs supervised
21-0250 organization after previously applying for EIDL release to include
funds and being denied. Falsified tax documents 6 mos home
and submitted the fraudulent documents to detention
obtain the loan. Defendant used the loan
proceeds for personal use, including purchasing a
Dodge Charger and accessories, totaling more
than $84,000, renting luxury vacation properties,
and withdrawing more than $64,000 in cash and
spending over $23,000 on other personal items in
the 30 days following his receipt of the fraud
proceeds. Defendant also admitted to law
enforcement that he was receiving disability
payments while employed.
OL 16 / CHC I = 21-27 months
US v. Sherrie Bryant, Wire fraud. Defendant submitted fraudulent PPP 12 mos in prison $419,100
DLB-22-00308 and EIDL loans for a business whose stated (plus consecutive
purpose was to provide mentorship and 6 mo sentence for
education to underserved youth. Defendant VOSR), 3 yrs
repeatedly misrepresented that she had never supervised
been convicted of a crime. Obtained $419,100 in release
fraudulent loans proceeds, which were used in
part to pay for a car, a boat, a vacation, and
tickets to sporting events. This case represented
the Defendant’s third federal fraud conviction,
and the defendant was on federal supervised
release at the time of the instant conduct.
OL 16 / CHC III = 27-33 months
In sum, a sentence of time served, with a substantial period of home confinement and
community service as conditions of supervised release, would avoid unwarranted sentencing
disparities.
IV. A sentence of time served, with a substantial period of supervised release,
home confinement, and community service, promotes respect for the law,
provides just punishment for the offense, and affords adequate deterrence.
Mr. Hayes has already been significantly punished—and a strong message of deterrence
has already been sent—in a number of ways.
10
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 11 of 12
First, Mr. Hayes now has a federal felony conviction on his record for the rest of his life,
which on its own provides ample deterrence to him and the public. No one wants to experience
the enormous fall Mr. Hayes has experienced. No one wants to experience the tremendous stress
and anxiety of a federal prosecution, the reputational harm that results, or the significant
collateral consequences of a federal felony conviction, including loss of employment and
diminished opportunities for the future. Mr. Hayes has spent many sleepless nights worried that
he will be unable to continue in his chosen profession once he is sentenced. For Mr. Hayes, who
has overcome many obstacles to pursue a career in accounting and spent his entire career in that
field, the prospect of needing to find a new profession to support his family is deeply worrisome.
Second, being on federal supervised release—let alone being on federal supervised
release with a significant period of home detention—is a significant sanction. Mr. Hayes’
movements will be severely restricted. His ability to participate in family events will be severely
restricted. And his privacy will be severely restricted (indeed, it already has been while he has
been subject to pretrial supervision since June 30, 2022). Taken together, the substantial
restrictions on Mr. Hayes’ liberty and privacy attendant to a period of supervised release—along
with conditions requiring community service and the timely repayment of restitution and
forfeiture—are sufficient, but not greater than necessary, to ensure punishment, deterrence, and
respect for the law. 4
Third, Mr. Hayes has experienced shame and regret while dealing with this case for a
significant period of time. Because Mr. Hayes held the position of Chief of Fiscal Services for
the Baltimore City Police Department for nine days in April 2022 (months after the conduct in
this case concluded), this case received some local press attention when Mr. Hayes was arrested.
The press attention magnified Mr. Hayes’ humiliation. Taylor writes: “I cannot lie, when I
learned of the charges brought against Mr. Hayes, the first time in my life I was ashamed of my
brother. I was ashamed because he had stained an image his children, my children, his mentees,
and society had seen him as.” Exhibit 4. Having his family look at him differently, particularly
when his mother worked so hard for him to have the opportunities he had, has been painful. Mr.
Hayes knows he has let himself and his loved ones down.
4
Research supports that increasing the severity of Mr. Hayes’ punishment will not add any
deterrent effect. It is the certainty, rather than the length, of a sentence that has the deterrent
effect. See David Weisburd et al., “Specific Deterrence in a Sample of Offenders Convicted of
White-Collar Crimes,” 33 Criminology 587 (1995) (“There is generally no significant
association between perceptions of punishment levels and actual levels . . . implying that
increases in punishment levels do not routinely reduce crime through deterrence mechanisms.”);
Ben Johnston, “Do Criminal Laws Deter Crime? Deterrence Theory in Criminal Justice Policy:
A Primer,” Minnesota House Research Department 6 (Jan. 2019); Ray Paternoster, “How Much
Do We Really Know About Criminal Deterrence?,” 100 J. Crim. L. & Criminology 765, 801
(2010); National Research Council, The Growth of Incarceration in the United States: Exploring
Causes and Consequences 90 (2014).
11
Case 1:22-cr-00224-GLR Document 30 Filed 04/03/23 Page 12 of 12
Mr. Hayes has begun the hard work of rebuilding trust with his family and community.
He has accepted full responsibility for his actions by pleading guilty before this Court, and he
has had many conversations with his family members about his remorse for his conduct and his
determination to do everything he can to make amends for his conduct. As Marche’ explains:
Over conversations I have engaged in with Dana it is apparent that he is as
disappointed in himself, if not more than, as I am. This pressure of this case has
created a great sense of self reflection in Dana and made him rethink his core
values, the ones he has exhibited throughout his life; those values of community,
family, perservance [sic], and honesty.
Exhibit 3; see also Exhibit 2 (“My son has genuinely learned from this case . . . .”); Exhibit 4 (“I
strongly believe Mr. Hayes has learned from the actions of this case.”).
Mr. Hayes does not need to be incarcerated to achieve deterrence, respect for the law, or
just punishment.
V. Conclusion
For the reasons stated above, Mr. Hayes respectfully requests that the Court sentence him
to time served, followed by three years of supervised release, with a period of eight months of
home detention and community service. A prison sentence would be excessive in this case. I
thank the Court for its attention to this matter.
Sincerely,
/s/
Shari Silver Derrow
Assistant Federal Public Defender
cc: Aaron Zelinsky, Assistant U.S. Attorney
Paige Cameron, U.S. Probation Officer
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