Maryland Man Previously Charged in Washington, D.C. for His Alleged Participation in the Capitol Riot Now Facing Federal Indictment in Maryland for Drug Conspiracy and Firearms Charges | USAO-MD

Baltimore, Maryland – A state criminal complaint has been filed against Elias Nick Costianes, Jr., 43, of Nottingham, Maryland, for conspiracy, conspiracy to distribute and possess a controlled substance and possessing firearms ammunition an unlawful user of a controlled substance. The criminal complaint was filed on August 23, 2021 and was unsealed today following the arrest of Costianes. Costianes had a first appearance today in the US District Court in Baltimore before US Judge J. Mark Coulson. Costianes was released under the supervision of the US Pretrial Services.

The complaint was made by Acting Maryland District Attorney Jonathan F. Lenzner and Special Envoy Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.

According to the affidavit filed in support of the criminal complaint, the FBI received an online tip on January 8, 2021 that reported that Costianes had used a mobile social media application to video of his participation in the January 6 riots Transferred to US Capitol in 2021. Based on the video evidence and other information obtained during the investigation, the US District Court for the District of Columbia issued an arrest warrant for Costianes on charges of various crimes related to his participation in the Capitol. As part of the investigation, search warrants were executed on February 12, 2021, authorizing the FBI to search Costianes’ home, vehicle and cell phone believed to have been used during the Costianes uprising. Costianes was at home on a couch in the living room room, was taken into custody and first appeared on the criminal complaint in the US District Court in Washington, DC.

The affidavit alleges that while the search warrant was being carried out, law enforcement officers seized Costianes’ mobile phone, which was within range of Costianes, and four firearms: a 9mm pistol; an M&P 15 semi-automatic rifle; a .223 caliber semi-automatic rifle; and a shotgun. The 9mm pistol and the M&P 15 semi-automatic rifle were registered with Costianes, but the other two firearms were not. Officials also found 9mm, .22 caliber, .223 caliber and shotgun ammunition and seized three vials of testosterone enanthate and one vial of testosterone cypionate, both controlled substances. The officers found a used hypodermic needle in the cushions of the living room couch where Costianes had been observed during the warrant search. Hypodermic needles are often used by illegal users of synthetic testosterone to inject testosterone into muscle. In Costiane’s vehicle, law enforcement officers found 28 grams of marijuana in a mason jar and a silver digital scale with traces of marijuana on the surface. All evidence was taken to the FBI, who then conducted a forensic review of the phone.

Although the search warrant for Costianes’ cell phone authorized a search of the entire phone based on the recovery of the firearms and controlled substances found in the apartment and photos of firearms and controlled substances found during the forensic review, a separate search warrant was granted for Seizure of evidence related to firearms, ammunition or controlled substances has been obtained. A search warrant was also obtained for Costianes’ online storage account.

According to the affidavit, Costianes’ phone allegedly contained screenshots of text messaging conversations between Costianes and others that contained slang terms for amounts and types of cocaine and other indications of the weight of controlled substances, including “eight” which refers to one Eighths of an ounce, usually cocaine, and “QP’s” which refer to quarters of a pound, usually marijuana-related. As stated in the affidavit, these weights were mentioned in conversations that also included dollar amounts allegedly reflecting discussions of controlled substance transactions.

The online storage account reportedly contained approximately 300 messages as of January 2019 with contacts involved in Costiane’s purchase or use of marijuana, and more than 450 messages as of March 2020 with contacts involved in Costiane’s purchase or use of cocaine. Recovered text messages reveal that Costianes reportedly continued to use cocaine through February 2021. According to the affidavit, the storage account also contained more than 350 messages with contacts involved in Costiane’s purchase or consumption of testosterone, starting as early as February 2020 and lasting through February 2021.

As described in the affidavit, the electronic evidence, including photos and text message conversations, showed that Costianes had also conspired to trade cocaine and testosterone by purchasing controlled substances from its suppliers to distribute to friends and co-workers. For example, in an SMS conversation from October 30th to 1st, Costianes is said to facilitate the distribution of testosterone from his testosterone supplier to a mobile phone contact “DM”

If convicted, Costianes faces a maximum sentence of 20 years in federal prison for conspiracy to sell and possess a controlled substance; and a maximum of 10 years imprisonment for possession of firearms and ammunition by an illegitimate user of a controlled substance. Actual penalties for federal crimes are typically less than the maximum penalties. A federal district court judge will determine each sentence based on U.S. sentencing guidelines and other legal factors.

A criminal complaint is not an admission of guilt. A person charged by a criminal complaint is presumed innocent unless proven guilty in subsequent criminal proceedings.

Acting US attorney Jonathan F. Lenzner praised the FBI for its work in the investigation. Mr. Lenzner thanked the US Assistant Attorney, Jeffrey J. Izant, who is pursuing the federal case.

For more information on the Maryland US Attorney’s Office, its priorities, and available community support resources, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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