Aaron Mostofsky, Civil Disorder and Theft of Government Property, Washington District of Columbia 2021

Aaron Mostofsky, a 35-year-old man from Brooklyn, New York, pleaded guilty to charges related to the breach of the U.S. Capitol on January 6, 2021, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

According to court documents, Mostofsky was among the crowd gathered at 12:55 p.m. on January 6 as rioters overwhelmed a police perimeter stationed near the Peace Circle, due west of the Capitol building. He and other rioters then reached the West Plaza. At about 1:35 p.m., he joined a group of rioters pushing against a police line that was attempting to limit the crowd’s access to the Capitol.

Mostofsky used his weight and strength in the effort to break the police line. At about 2:09 p.m., he climbed exterior stairs to the Capitol’s Upper West Terrace, heading to the Senate Wing Door. Enroute, he picked up a U.S. Capitol Police bullet-proof vest and donned it.

The crowd broke windows next to the Senate Wing Door, entered the Capitol, and broke the door open from inside the building. Mostofsky entered through the door at 2:13 p.m., about the 12th person to get inside that way. He quickly picked up a U.S. Capitol Police riot shield that had been set aside by another rioter.

Mostofsky faces up to five years in prison on the felony charge of civil disorder and a $250,000 fine. Each of the misdemeanor charges of theft of government property and entering and remaining in a restricted building or grounds carries up to a year in prison and a fine of up to $100,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Mostofsky was arrested on January 12, 2021, in Brooklyn. He is to be sentenced on May 6, 2022. The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section.

The case is being investigated by the FBI’s New York and Washington Field Offices, which identified Mostofsky as #24 in its seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov. In the one year since January 6, more than 725 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 225 individuals charged with assaulting or impeding law enforcement.

More than 165 individuals have pleaded guilty to federal charges, including 22 to felony offenses. Mostofsky’s case is a significant development in the ongoing investigation into the January 6, 2021, U.S. Capitol breach.

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