Feds searching for former Maryland governor’s top aide after he does not appear for his trial

Roy McGrath, who briefly served as former Maryland Gov. Larry Hogan’s chief of staff, did not appear in court Monday for the beginning of his trial on federal fraud charges.

U.S. District Court Judge Deborah Boardman issued a warrant for McGrath’s arrest and, with jury selection set to begin imminently, dismissed jurors.

The U.S. Marshals Service is looking for McGrath, who they now consider a “fugitive,” a spokesperson for the agency said.

Originally scheduled to go on for several weeks, the trial is expected to be postponed to a later date while federal authorities search for McGrath.

Defense attorney Joseph Murtha said he spoke with McGrath on Sunday evening and believed McGrath was getting on a plane the same night to travel to Maryland from his home in Florida. Neither McGrath nor his wife responded when Murtha contacted them Monday morning, Murtha said.

“I have no idea where he is,” Murtha said. “I hope he’s safe and I hope to speak to him very soon.”

McGrath, 53, was set to stand trial on the federal charges of wire fraud, embezzlement and falsifying a document.

Should federal authorities find McGrath and arrest him, they would bring him back to Maryland, according to Murtha.

According to his indictment, McGrath stole hundreds of thousands of dollars from the state during his tenure at the helm of the government-owned nonprofit Maryland Environmental Service. Federal prosecutors say he claimed to be working while vacationing; used the organization’s funds to pay for personal expenses, like tuition; and doctored up a $233,000 severance package.

He also is charged with illegally recording a 2020 phone call with other top advisers to Hogan, a Republican whose second term ended in January.

McGrath is scheduled for a trial in July on parallel state charges in Anne Arundel County Circuit Court.

Federally indicted in October 2021, McGrath was not held in custody pending trial.

A U.S. magistrate judge ordered that McGrath report to a probation office in Fort Myers, Florida, regularly and relinquish his passport by Oct. 25, 2021, according to court documents. The judge mandated his wife surrender a firearm by Oct. 29 of that year.

He was due in court at 9 a.m. Monday for arraignment on a superseding indictment in the federal case, but there was no sign of him when the hearing was supposed to begin.

Citing conditions of McGrath’s pretrial release mandating he show up for all court dates, Boardman issued a warrant for McGrath’s arrest around 10 a.m.

“At this moment, I think we all just hope he’s safe and there was a mix-up,” Boardman said.

Deputies with the Collier County Sheriff’s Office conducted a welfare check at McGrath’s home in Florida at 10:25 a.m., agency spokeswoman Michelle Batten said in an email.

“Mr. McGrath was not there,” Batten said.

It was unclear if anyone else was home when deputies arrived. Batten said the welfare check “did not generate a written report.”

McGrath owns the house with his wife. His wife did not return multiple calls to a phone number listed for her in online records.

There was no law enforcement presence at McGrath’s house as of about 3:30 p.m., neighbor Robert Desiano told The Baltimore Sun, describing the neighborhood as “very quiet.”

In court, Boardman dismissed jurors around 11 a.m.

“Perhaps there was some confusion. God forbid something happened to him,” Boardman said. “Mr. Murtha, if you hear from your client, please let me know.”

Outside court, Murtha reflected on his Sunday-evening phone call with McGrath, saying the call left him no reason to doubt that his client would meet him at the courthouse at 8:45 a.m., as they planned.

“We had a very engaged conversation about what was going to be happening today and a variety of issues that we have been discussing over time,” Murtha told reporters. “I sensed nothing that would cause me concern about Roy’s plans for today.”

McGrath did not return a reporter’s email requesting comment as of 4:30 p.m. Online phone records listed a cellphone number for McGrath, and calls and text messages went unanswered.

An FBI spokesperson declined to answer questions about the agency’s search for McGrath, deferring comment to the U.S. Attorney’s Office for Maryland. A spokeswoman for the federal prosecutor’s office declined to comment.

Murtha said McGrath always had been responsive when he called or sent text messages, and that his lack of communication left him worried.

“These situations are very stressful,” Murtha said. “The uncertainty of trial can cause people to do things that we may not believe are appropriate.”