District of Massachusetts
Press releases recorded for this federal judicial district.
Dominican National Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Dominican national who previously resided in Lawrence pleaded guilty yesterday in federal court in Boston to illegal reentry.
Melvin Villar, 56, pleaded guilty to one count of unlawful reentry of deported alien before U.S. Senior District Court Judge Douglas P. Woodlock, who scheduled sentencing for Jan. 11, 2021.
On July 23, 2019, Villar was encountered in Lawrence. Villar was previously deported on three separate occasions between 2004 and 2019. At some point after each deportation, he illegally reentered the United States.
The charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and Lawrence Police Chief Roy Vasque made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Pleads Guilty to Fentanyl TraffickingRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to fentanyl trafficking.
Cristian Lara Diaz, 44, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and five counts of distribution of and possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Jan. 12, 2021. Lara Diaz has been in federal custody since his arrest on August 29, 2019.
According to court documents, Lara Diaz and, allegedly, his co-defendant conspired to distribute fentanyl and engaged in five separate controlled sales of fentanyl to a cooperating witness in Boston between April 2017 and January 2018.
The charge of conspiracy to distribute and possess with intent to distribute more than 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charges of distribution of and possession with the intent to distribute 40 grams or more of fentanyl carry a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Virginia Man Pleads Guilty to Using Stolen Identity in Attempt to Secure Loan from Worcester Credit UnionRead the Press Release
BOSTON – A Virginia man pleaded guilty today in federal court in Worcester to making a false statement on a loan application and aggravated identity theft. At the time of the offense, he was on supervised release for a previous conviction.
Rashad Al-Terek Walker, 39, of Hampton, Va., pleaded guilty to one count of making a false statement on a loan application and one count of aggravated identity theft. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 7, 2021. Walker was charged by criminal complaint in April 2020.
In November 2019, Walker attempted to obtain a loan using a stolen identity from a Worcester-area credit union. Walker provided employees of the credit union several fraudulent records, including a counterfeit license, employer pay record and utility bill. Employees of the credit union immediately reported the matter to law enforcement authorities, who responded to the credit union and arrested Walker.
Walker was previously convicted of bank fraud in U.S. District Court in the Eastern District of Virginia and was on supervised release for that offense when he committed the crimes in Worcester.
The charge of false information on a loan application provides for a sentence of up to 30 years in prison, three years of supervised release and a fine of $1 million. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed and one year of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of Federal Bureau of Investigation, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
Milford Man Arrested for Possession of Child PornographyRead the Press Release
BOSTON – An employee of the Milford Public Schools was arrested today and charged with possession of child pornography.
Vincent Kiejzo, 33, was charged by criminal complaint with one count of possession of child pornography. Following an initial appearance in federal court in Worcester, Kijzo was detained pending a detention hearing scheduled for Friday, Sept. 11, 2020.
According to the charging documents, and based on preliminary onsite forensic review, Kiejzo possessed approximately 6,000 images of apparent child pornography stored within a thumb drive, including images that involved a prepubescent minor or a minor who had not attained 12 years of age.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The charging statute provides for a sentence of up to 20 years in prison, five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The Milford Police Department assisted with the investigation. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Office is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Lunenburg Woman Indicted for Stealing Social Security BenefitsRead the Press Release
BOSTON – A former Lunenburg woman was arrested today in Wisconsin for stealing Social Security benefits.
Sue E. Delaney, 68, was charged by indictment on one count of conspiracy and one count of theft of public funds. Delaney made an initial appearance in the Western District of Wisconsin today and was released on conditions.
As alleged in the indictment, Delaney’s mother-in-law, who was receiving monthly benefits from Social Security, died in 1999. Delaney failed to inform Social Security of the death, and Social Security continued to deposit monthly benefits into a bank account held by Delaney’s mother-in-law. From November 1999 through March 2017, Delaney stole approximately $221,656 in Social Security benefits from her dead mother-in-law’s account.
The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Former IRS Service Center Employee Pleads Guilty to Filing Hundreds of False Tax ReturnsRead the Press Release
BOSTON – A former employee of the IRS Service Center in Andover pleaded guilty today to aiding and assisting the preparation and filing of at least 70 false tax returns for herself and other individuals.
Jennifer Beth True, 44, of Lawrence, pleaded guilty to four counts of aiding and assisting the filing of a false tax return and four counts of filing a fraudulent tax return by an employee of the United States. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Jan. 6, 2021. In January 2020, True was arrested and charged by criminal complaint.
True was employed by the Internal Revenue Service for over 22 years. In her position as a Lead Contact Representative, she assisted team members in responding to difficult and complex taxpayer inquiries. Throughout her employment, True was trained in tax law, ethics, information protection and disclosure, privacy, identity theft and identity protection.
True electronically filed over 500 tax returns for herself and other taxpayers between 2012 and 2018, in violation of IRS rules prohibiting employees from “Engaging in the preparation of tax returns for compensation, gift, or favor.” True admitted that between approximately February 2012 and April 2018, she prepared or assisted in preparing and filing of at least 70 IRS Forms 1040 – U.S. Individual Income Tax Returns – for herself and other taxpayers that True knew contained materially false items such as false individual retirement account deductions, false medical expenses, false and inflated unreimbursed business expenses and/or false tax preparation fees. Some returns also included false child and dependent care credits. As a result of the false deductions claimed on the returns, the tax obligations of True and those individuals whose false returns she prepared was reduced.
The charge of aiding and assisting the filing of a false tax return provides for a sentence of up to three years in prison, three years of supervised release, a fine of $250,000 and restitution. The charge of filing a fraudulent tax return by an employee of the United States provides for a sentence of up to five years in prison, three years of supervised release, a fine of $250,000 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; William Kalb, Special Agent in Charge of the Treasury Inspector General for Tax Administration, New York Field; and Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Lelling’s Public Corruption Unit is prosecuting the case.
Dominican National Sentenced for Identity Theft ChargesRead the Press Release
BOSTON – A Dominican national was sentenced today in connection with using the identity of a U.S. citizen.
Roberto Melo Guerrero, 39, a Dominican national who formerly resided in Lawrence, was sentenced by U.S. District Court Judge Denise J. Casper to 18 months in prison and one year of supervised release. Melo Guerrero was also ordered to pay restitution of $18,505 to MassHealth and to forfeit the same amount. He will face deportation proceedings upon completion of his sentence. In July 2020, Melo Guerrero pleaded guilty to one count of false representation of a Social Security number and one count of making a false statement relating to a health care benefit program. Melo Guerrero was arrested in December 2019 and has been detained since that time.
Melo Guerrero used the name and identifiers of a U.S. citizen for at least 15 years, including to obtain a Massachusetts driver’s license and to apply for MassHealth benefits. MassHealth then provided benefits valued at $18,505 to Melo Guerrero. In addition, on multiple occasions, Melo Guerrero was arrested and charged in Massachusetts with drug trafficking offenses under the name of this U.S. citizen.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprised of personnel from various state, local and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Valuable assistance was provided by the U.S. Department of State, Diplomatic Security Service; U.S. Department of Labor, Office of Inspector General; Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; U.S. Department of Health & Human Services, Office of Inspector General; Massachusetts State Police; HSI Attaché in the Dominican Republic; U.S. Postal Inspection Service; and U.S. Citizenship and Immigration Services. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit prosecuted the case.
California Lawyer Pleads Guilty to Fraudulent Credit Card Payment Processing Scheme and ObstructionRead the Press Release
A Glendale, California lawyer pleaded guilty today in connection with a conspiracy to defraud a bank into processing more than $5 million in credit and debit card payments for a student loan debit relief merchant that had previously been terminated by the bank’s risk department and his attempt to obstruct a federal grand jury proceeding and a civil investigation conducted by the Consumer Financial Protection Bureau, both of which were investigating this scheme.
Acting Assistant Attorney General Brian C. Rabbit of the Justice Department’s Criminal Division and U.S. Attorney Andrew E. Lelling of the District of Massachusetts made the announcement.
Rudy Dekermenjian, 42, pleaded guilty before U.S. District Judge Randolph D. Moss of the District of Columbia to an information filed in the District of Massachusetts charging one count of conspiracy to commit wire fraud affecting a financial institution and bank fraud and one count of alteration and falsification of records. A sentencing date has not yet been scheduled.
Dekermenjian admitted at the plea hearing that, from 2017 to 2018, while working as the General Counsel at a payment processing company based in Los Angeles, California (Company A), he conspired to fraudulently obtain payment processing services on behalf of a merchant providing student loan debt relief services. As alleged in the information, Company A had obtained payment card processing for the merchant from Fifth Third Bank beginning in 2016, but the bank’s risk department terminated the merchant in May 2017. Following the termination, executives at Company A counseled the merchant to re-apply for processing in the names of “sham merchants.”
The sham merchants’ applications, backstopped by fake websites that purported to sell housewares, jewelry, leather goods and other retail items made it appear to Fifth Third Bank that there was significanlty less risk associated with the business. In fact, the “sham merchants” were fronts for transactions that involved student-loan debt-relief and not retail goods. Dekermenjian learned of the scheme shortly after it commenced, joined the conspiracy, and subsequently earned commission payments of approximately $20,292 on the fraudulently obtained processing.
This scheme was the subject of two separate federal investigations. As described in the Information, in approximately November 2018, a federal grand jury sitting in the District of Massachusetts issued a subpoena to Company A for records relating to processing for merchants involved in loans and debt collection and records relating to the creation of merchant websites. In approximately May 2019, the Consumer Financial Protection Bureau (CFPB) separately issued a civil investigative demand to Company A seeking documents relating to the “sham merchants” that Company A used to obtain payment processing for the student loan debt relief merchant. Dekermenjian admitted in the plea hearing held today to falsifying and altering the sham merchant applications in June 2019 with the intent to obstruct these investigations. Company A subsequently produced Dekermenjian’s altered and falsified documents to the CFPB.
The Food and Drug Administration – Office of Criminal Investigations, Rhode Island Task Force, U.S. Postal Inspection Service, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are investigating the case. Trial Attorney Randall Warden of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS), Bank Integrity Unit, and Assistant U.S. Attorneys Seth B. Kosto and David J. D’Addio of the District of Massachusetts’s Securities, Financial and Cyber Fraud Unit are prosecuting the case.
MLARS’s Bank Integrity Unit investigates and prosecutes banks and other financial institutions, including their officers, managers, and employees, whose actions threaten the integrity of the individual institution or the wider financial system.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
California Lawyer Pleads Guilty to Fraudulent Credit Card Payment Processing Scheme and ObstructionRead the Press Release
BOSTON – A California lawyer pleaded guilty today in connection with a conspiracy to defraud a bank into processing more than $5 million in credit and debit card payments for a student loan debit relief merchant that had been terminated by the bank’s risk department.
Rudy Dekermenjian, 42, pleaded guilty before U.S. District Judge Randolph D. Moss of the District of Columbia to an Information filed in the District of Massachusetts charging one count of conspiracy to commit wire fraud affecting a financial institution and bank fraud and one count of alteration and falsification of records. A sentencing date has not yet been scheduled.
Dekermenjian admitted at the plea hearing that, from 2017 to 2018, while working as the General Counsel at a payment processing company based in Los Angeles, California (Company A), he conspired to fraudulently obtain payment processing services on behalf of a merchant providing student loan debt relief services. Company A had obtained payment card processing for the merchant from Fifth Third Bank beginning in 2016, but the bank’s risk department terminated the merchant in May 2017. Following the termination, executives at Company A counseled the merchant to re-apply for processing in the names of “sham merchants”. The sham merchants’ applications, backstopped by fake websites that purported to sell housewares, jewelry and leather goods, disguised the student loan debt relief company as a relatively low fraud and compliance risk. Dekermenjian learned of the scheme shortly after it commenced, joined the conspiracy, and subsequently earned commission payments of approximately $20,292 on the fraudulently obtained processing.
The scheme was the subject of two separate federal investigations. In approximately November 2018, a federal grand jury sitting in the District of Massachusetts issued a subpoena to Company A for records relating to processing for merchants involved in loans and debt collection and records relating to the creation of merchant websites. In approximately May 2019, the Consumer Financial Protection Bureau (CFPB) issued a civil investigative demand to Company A seeking documents relating to the “sham merchants” that Company A used to obtain payment processing for the student loan debt relief merchant. Dekermenjian admitted in the plea hearing to falsifying and altering the sham merchant applications in June 2019 to conceal the existence of the scheme and his knowledge of it. Company A subsequently produced Dekermenjian’s falsified documents to the CFPB.
United States Attorney Andrew E. Lelling of the District of Massachusetts and Acting Assistant Attorney General Brian C. Rabbit of the Justice Department’s Criminal Division made the announcement. The Food and Drug Administration – Office of Criminal Investigations, Rhode Island Task Force, U.S. Postal Inspection Service, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated the case. Assistant U.S. Attorneys Seth B. Kosto and David J. D’Addio of the District of Massachusetts’s of Lelling’s Securities, Financial & Cyber Fraud Unit and Trial Attorney Randall Warden of the Criminal Division’s Money Laundering and Asset Recovery Section are prosecuting the case.
Dominican National Sentenced for Fentanyl ConspiracyRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence was sentenced today in connection with distributing fentanyl.
Angel Rivera-Valle, a/k/a Jose Antonio Serrano, 31, was sentenced by U.S. District Court Judge Richard G. Stearns to 64 months in prison and four years of supervised release. In April 2020, Rivera-Valle pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl, two counts of distribution and possession with intent to distribute 40 grams or more of fentanyl and one count of distribution and possession with intent to distribute fentanyl. Rivera-Valle will face deportation proceedings upon completion of his sentence.
Rivera-Valle has been in custody since his arrest with co-defendant, Andi Guerrero-Lara, a/k/a “Manny Sierra,” in October 2019; he and Guerrero-Lara were subsequently indicted by a federal grand jury in December 2019.
According to court documents, the defendants were members of a drug trafficking organization that regularly sold large quantities of fentanyl and operated in the Merrimack Valley area of Massachusetts. Between September and October 2019, an undercover federal agent purchased fentanyl from the defendants on six separate dates.
This case is part of a coordinated enforcement operation in the Merrimack Valley called “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Assistance was provided by the Massachusetts State Police and the Andover Police Department. Assistant U.S. Attorney Alathea E. Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the indictment are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Chicopee Man Sentenced for Being Felon in Possession of Firearms and Ammunition, Including Machine GunRead the Press Release
BOSTON – A Chicopee man was sentenced today in federal court in Springfield for being a felon in possession of firearms and ammunition, including a machine gun.
Hector Gomez, 33, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and three years of supervised release. In February 2020, Gomez pleaded guilty to being a felon in firearms and ammunition and to possession of an unregistered firearm. Gomez was also sentenced to an additional consecutive sentence of 20 months for violating the terms of his supervised release.
On May 18, 2019 in Chicopee, Gomez was in possession of a Bushmaster .223 caliber rifle, an Arsenal 7.62 mm rifle, 14 rounds of 9 mm ammunition, 28 rounds of 5.56 mm ammunition and 60 rounds of 7.62 mm ammunition. Gomez is prohibited from possessing firearms and ammunition due to a prior conviction punishable by at least one year incarceration.
At the time he possessed the firearms and ammunition, Gomez was on supervised release for a 2015 conviction in federal court for distributing and possessing with intent to distribute heroin.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Chicopee Police Chief William R. Jebb made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Office prosecuted the case.
Boston Career Criminal Sentenced to More Than 17 Years in Prison for Drug and Firearm ChargesRead the Press Release
BOSTON – A career criminal was sentenced today in federal court in Boston for drug trafficking and firearm charges.
Damien Bynoe, 44, of Roxbury, was sentenced by U.S. District Court Judge William G. Young to 210 months in prison and six years of supervised release. In January 2020, Bynoe pleaded guilty to one count each of being a felon in possession of a firearm and ammunition and possession with intent to distribute heroin and cocaine.
“This sentence will ensure that the defendant will not continue to ravage the Roxbury community and the lives of its residents,” said United States Attorney Andrew E. Lelling. “The defendant’s actions, time and again, prove his disregard for the law and for human life.”
“Convicted felons who possess firearms are an inherent danger to our community and in this case, the defendant was an armed career criminal who continued to possess a firearm despite his prior violent felony conviction history. Byone has spent his life as a career criminal and that prior history has finally caught up with him. This sentence rightly removes him from our streets for 17 and half years and will improve public safety for the citizens of Boston,” said Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division.
On Jan. 19, 2019, police officers executed a search warrant and seized a firearm, 68 rounds of ammunition, $6,000 in cash, heroin and cocaine from an apartment in Roxbury tied to Bynoe. Additional amounts of heroin, cocaine and cash were also seized from Bynoe himself.
According to court documents, Bynoe was convicted in 2009 in federal court of distribution of cocaine base within 1000 feet of a school and was sentenced to six years in prison and six years of supervised release. While on supervised release, he was arrested on the gun and drugs charges he was sentenced for today.
Bynoe’s criminal record also includes a 2007 conviction for assault with a firearm; a 2001 conviction for distribution of cocaine in a school zone, for which he served five years in prison; and a 1991 juvenile delinquency adjudication for murder, in which Bynoe shot and killed two boys – aged 15 and 11 – in Roxbury.
U.S. Attorney Lelling, ATF SAC Brady and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Christopher Pohl of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Attleboro Man Indicted on Child Pornography ChargesRead the Press Release
BOSTON – A federal grand jury in Boston indicted an Attleboro man today on charges of receipt and possession of child pornography.
Garry Bienvenue, 58, of Attleboro, was indicted on one count of receipt of child pornography and one count of possession of child pornography involving a prepubescent minor and a minor who had not attained 12 years of age. On March 12, 2020, Bienvenue was arrested and charged by criminal complaint and has been detained since that time.
According to charging documents, law enforcement learned that an internet user at Bienvenue’s Attleboro home had solicited and received child pornography from children over the internet using the Snapchat messaging application. A search of the home resulted in the seizure of Bienvenue’s smartphone, which was found to contain child pornography videos, including one depicting the rape of a child as young as 3-5 years old.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 10 years in prison. Each charge also provides for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Attleboro Police Chief Kyle P. Heagney made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Indicted in Skimming Scheme at New England Gas StationsRead the Press Release
BOSTON – A federal grand jury returned an indictment against a Florida man for his role in a scheme to install and maintain a network of electronic skimming equipment at gas stations across New England, in order to steal thousands of customers’ debit and credit card account numbers and other personally identifying information.
Luis Angel Naranjo Rodriguez, 29, of Hialeah, Fla., was charged with eight counts of wire fraud, four counts of bank fraud, four counts of aggravated identity theft, one count of possessing 15 or more counterfeit or unauthorized access devices (the debit and credit card account numbers) and one count of possessing device-making equipment (the card skimming devices). Naranjo Rodriguez was previously arrested on related federal charges on March 9, 2020 and has been detained since that time.
As alleged in the charging documents, Naranjo Rodriguez secretly installed card skimming devices in gas pumps in Massachusetts gas stations and in other New England states. The devices were programmed to send Naranjo Rodriguez’s mobile phone a text message with captured account information after customers had used their debit or credit cards to purchase gas at the pumps where the devices were installed. Card skimming devices sending stolen account information to Naranjo Rodriguez’s mobile phone were traced to at least 11different gas stations located in Lynnfield, Concord, Malden, Taunton, Randolph and Raynham; Portland, Maine; Nashua, N.H.; and Willington, Conn.
Between April 2019 until November 2019, Naranjo Rodriguez traveled frequently from Florida to Massachusetts to maintain this network of card skimmers. During the course of the scheme, Naranjo Rodriguez’s mobile phone allegedly received nearly 5,000 text messages containing stolen debit and credit card account numbers. Many of these text messages also included the account holders’ names and Personal Identification Numbers (PINs).
Naranjo Rodriguez cloned the account information stolen from unwitting gas station customers onto branded prepaid debit cards. On Nov. 16, 2019, Naranjo Rodriguez allegedly used four cloned cards to withdraw money from victims’ bank accounts at ATMs in Framingham.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of $250,000. The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a $1 million fine. The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a $250,000 fine. The charge of possessing device-making equipment provides for a sentence of up to 15 years in prison, three years of supervised release and a $250,000 fine. The charge of possessing 15 or more counterfeit or unauthorized access devices provides for a sentence of up to 10 years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Frederick J. Regan, Special Agent in Charge of the United States Secret Service, Boston Field Office made the announcement. Special assistance was provided by the Concord, Lunenburg and Raynham Police Departments in Massachusetts, Nashua (N.H.) Police Department and the Portland (Maine) Police Department. Assistant U.S. Attorneys William Abely and Fred Wyshak III of Lelling’s Major Crimes Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Sentenced for Distributing FentanylRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for distributing fentanyl.
Yokasta Aybar-Soto, 27, was sentenced by U.S. District Court Judge William G. Young to 13 months in prison and one year of supervised release. Aybar-Soto will face deportation proceedings upon completion of his sentence. In June 2020, Aybar-Soto pleaded guilty to one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl and one count of conspiracy to distribute and to possess with intent to distribute 40 grams of more of fentanyl. Aybar-Soto was initially charged by criminal complaint and has been in custody since September 12, 2019.
With a companion, Aybar-Soto sold over 40 grams of fentanyl to an undercover officer in Lawrence on Sept. 12, 2019.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Massachusetts Attorney General Maura Healey; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney James R. Drabick of Lelling’s Criminal Division is prosecuting the case.
Boston Man Charged with Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Boston man was charged yesterday with being a felon in possession of a loaded semi-automatic pistol.
Tyrone Goforth, 40, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Following an initial appearance in federal court in Boston today, Goforth was returned to state custody.
According to the criminal complaint, on July 31, 2020, Goforth possessed a black Sig Sauer P938 9mm semi-automatic pistol, loaded with five rounds of 9mm ammunition. Due to a prior conviction, Goforth is prohibited from possessing firearms, and does not possess a federal license to sell firearms.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney John Dawley of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Parent Charged in College Admissions CaseRead the Press Release
BOSTON – A Massachusetts man was indicted by a federal grand jury in connection with using fraud and bribery to have his daughter designated as a tennis recruit for Georgetown University.
Amin Khoury, 54, of Palm Beach, Fla. and Mashpee, Mass., was indicted on one count of conspiracy to commit mail fraud and honest services mail fraud and bribery concerning programs receiving federal funds and one count of bribery concerning programs receiving federal funds.
According to the indictment, in May 2014, Khoury agreed to pay Gordon Ernst, who at the time was employed as the head coach of men’s and women’s tennis at Georgetown University, approximately $200,000 through a third-party in exchange for Ernst designating Khoury’s daughter as a purported tennis recruit to Georgetown University, despite the fact that Khoury’s daughter’s tennis skills were below that of a typical Georgetown tennis recruit.
In December 2014, Georgetown mailed Khoury’s daughter a letter informing her that the Committee on Admissions had reviewed her application at Ernst’s request, and had rated her admission as “likely.” In May 2015, after Khoury’s daughter was formally accepted to Georgetown, Khoury allegedly flew to Massachusetts with $200,000 in cash. Khoury then met with a third-party at his Cape Cod home and gave the third-party $180,000 in cash with the understanding that the money would be given to Ernst, and also provided the third-party with $20,000. The third-party then allegedly drove to Falmouth where he met with Ernst’s spouse and provided her with $170,000 in cash, keeping $10,000 as an additional fee. It is further alleged that Ernst thereafter continued to pursue Khoury to collect the remaining $20,000 that Khoury owed Ernst as part of the recruitment deal.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud and bribery concerning programs receiving federal funds provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of bribery concerning programs receiving federal funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nine Boston Police Officers Arrested for Overtime Fraud SchemeRead the Press Release
BOSTON – Nine current and former Boston Police Officers were arrested today and charged in connection with committing over $200,000 in overtime fraud at the Boston Police Department’s evidence warehouse.
Lieutenant Timothy Torigian, 54, of Walpole; Sergeant Gerard O’Brien (retired), 62, of Braintree; Sergeant Robert Twitchell (retired), 58, of Norton; Officer Henry Doherty (retired), 61, of Dorchester; Officer Diana Lopez (retired), 58, of Milton; Officer James Carnes (retired), 57, of Canton; Officer Michael Murphy, 60, of Hyde Park; Officer Ronald Nelson (retired), 60, of Jamaica Plain; and Officer Kendra Conway, 49, of Boston, were each charged in an indictment unsealed today with one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. The defendants will make initial appearances via videoconference in federal court in Boston later today.
“I am a strong supporter of the police, especially in these difficult times. But all must be treated equally under the law, regardless of wealth, power or station,” said United States Attorney Andrew E. Lelling. “These officers are charged with stealing taxpayer money, year after year, through fraud. Beyond the theft of funds, this kind of official misconduct also erodes trust in public institutions, at a time when that trust is most needed. I want to thank Commissioner Willie Gross for his cooperation in this case, and the BPD’s Anti-Corruption Unit for its assistance.”
“As law enforcement officers, we have a tremendous responsibility to the public we serve, and therefore must be held to the highest standards of trust and integrity. These police officers are accused of breaking that trust by conspiring to steal hundreds of thousands of dollars to increase their paychecks,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “They are the anomaly from the honest and hard-working men and women of the BPD. We’d like to thank Commissioner Gross and his department for their invaluable assistance in putting an end to this systemic practice and helping us root out these individuals who we believe decided to take advantage of their positions for their own personal gain.”
“Law enforcement officers are expected to perform their duties honorably and with integrity, not to take advantage of the system for personal gain. Today, the OIG, along with the FBI, arrested nine current and former Boston police officers who allegedly submitted time slips that did not reflect the hours they actually worked. The OIG is committed to fully investigating all allegations concerning violations of public trust,” said Guido Modano, Special Agent in Charge of the Department of Justice Office of the Inspector General New York Field Office.
“As a result of an investigation, information was uncovered by the Boston Police Department’s Anti-Corruption Unit regarding alleged payroll/overtime abuse by officers assigned to the Evidence Management Unit. The Federal Bureau of Investigation and United States Attorney’s Office became involved with the criminal investigation into the allegations. As a result of the investigation, former and current Boston Police Officers were indicted by a Federal Grand Jury. Pursuant to applicable law, the officers indicted that currently work for the department have been suspended without pay pending the outcome of the case.” Said Police Commissioner William Gross, “The allegations and behavior alleged in today’s indictments is very troubling and in no way reflect the attitudes of the hard-working employees of the Boston Police Department. I hold my officers to the highest standards and expect them to obey all the laws that they have taken an oath to uphold. News of these indictments sends a strong message that this type of behavior will not be tolerated or ignored and can damage the trust my officers have worked so hard to build with the communities we serve.”
According to the indictment, the defendants were assigned to Boston Police Department’s (BPD) Evidence Control Unit (ECU), where they were responsible for, among other things, storing, cataloging and retrieving evidence at the warehouse. ECU officers were eligible to earn overtime pay of 1.5 times their regular hourly pay rate for overtime assignments. It is alleged that beginning in at least May 2016, the defendants routinely departed overtime shifts two or more hours early but submitted false and fraudulent overtime slips claiming to have worked the entirety of each shift.
One overtime shift, called “purge” overtime, was focused on reducing the inventory of the evidence warehouse. The shift was supposed to be performed from 4:00 to 8:00 p.m. on weekdays. On days which the defendants claimed to have worked until 8:00 p.m., the warehouse was closed, locked and alarmed well before 8:00 p.m., and often by 6:00 p.m. or before. Despite this, it is alleged that the defendants routinely submitted false and fraudulent overtime slips claiming to have worked from 4:00 to 8:00 p.m. Supervisors, who also left early from this shift, allegedly submitted their own false and fraudulent slips and also knowingly endorsed the fraudulent overtime slips of their subordinates.
Another shift, called “kiosk” overtime, was available to two ECU officers one Saturday a month from 6:00 a.m. to 2:30 p.m. This shift involved collecting materials, such as unused prescription drugs, from kiosks in each police district in the city and then transporting the materials to an incinerator in Saugus. It is alleged that defendants who performed this overtime shift routinely submitted overtime slips claiming to have worked eight and a half hours when in fact the defendants frequently completed the work and left the shift early, often before 10:00 a.m.
Between May 2016 and February 2019 the defendants allegedly collectively embezzled over $200,000 in overtime pay. According to court documents, Torigian received over $43,000 for overtime hours he did not work; Twitchell, O’Brien and Doherty each received over $25,000 for overtime hours they did not work; Carnes and Lopez each received over $20,000 for overtime hours they did not work; and Murphy, Nelson and Conway each received over $15,000 for overtime hours they did not work.
From 2016 through 2018, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
The charge of embezzlement from an agency receiving federal funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, FBI Boston SAC Bonavolonta, DOJ-OIG SAC Modano and BPD Commissioner Gross made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Methuen Man Indicted in Fentanyl and Acetyl Fentanyl ConspiracyRead the Press Release
BOSTON – A Methuen man was charged in a superseding indictment yesterday in connection with selling a fentanyl and acetyl fentanyl mixture to an undercover agent on six occasions.
Andi Guerrero-Lara, a/k/a “Manny Sierra,” 22, was charged in a superseding indictment with conspiracy to distribute 400 grams or more of fentanyl and 100 grams or more of acetyl fentanyl as well as distribution and possession with intent to distribute 40 grams or more of fentanyl and 10 grams or more of acetyl fentanyl.
Guerrero-Lara was arrested and charged by criminal complaint with co-defendant Angel Rivera-Valle, a/k/a “Jose Antonio Serrano,” in October 2019. Both defendants have been in custody since.
Guerrero-Lara and Rivera-Valle were subsequently indicted by a federal grand jury on Dec. 18, 2019. Rivera-Valle pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and three counts of distribution of fentanyl. Rivera-Valle is scheduled to be sentenced by U.S. Senior District Court Judge Richard G. Stearns on Sept. 8, 2020.
The defendants were members of a drug trafficking organization operating in the Merrimack Valley area of Massachusetts that regularly sold large quantities of fentanyl. Between September and October 2019, an undercover agent purchased a fentanyl and acetyl fentanyl mixture from the defendants on six separate dates.
The charge of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and 100 grams or more of acetyl fentanyl carries a minimum mandatory sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charge of distribution and possession with intent to distribute 40 grams or more of fentanyl and 10 grams or more of acetyl fentanyl carries a minimum mandatory sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distribution and possession with intent to distribute fentanyl and acetyl fentanyl carries a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement. Assistance was provided by the Massachusetts State Police and the Andover Police Department. Assistant U.S. Attorney Alathea E. Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Hyde Park Man Indicted for Armed Bank RobberyRead the Press Release
BOSTON – A Hyde Park man was indicted yesterday by a federal grand jury in Boston for the December 2019 armed robbery of a bank in Hyde Park.
Paul Whooten, 56, was indicted on one count of armed bank robbery. He was previously charged by criminal complaint on Feb. 27, 2020 and has since been detained in federal custody.
According to the charging documents, on Dec. 21, 2019, Whooten entered a branch of the Rockland Trust bank on Truman Parkway in Hyde Park wearing black clothing and a mask, brandished what appeared to be a firearm, pointed it at the teller, and said, “Give me all of your money.” The teller filled a bag with cash, and the robber fled on foot. Bank surveillance cameras captured images of the robber wearing a long dark coat, a black reflective jacket, a black knit hat, black sunglasses and gloves. A police officer stationed inside the bank broadcast a description of the robber.
As alleged in the complaint, another police officer saw an individual matching the description of the robber walking down Truman Parkway. The officer issued verbal commands to the robber to drop the weapon and get on the ground. Whooten complied and was apprehended by law enforcement. A black rifle-type BB gun and bag of cash were recovered.
The charging statute provides for a sentence of up to 25 years in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the U.S. Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Leader of New Bedford Latin Kings Chapter Pleads Guilty to Narcotics Conspiracy ChargesRead the Press Release
BOSTON – A former leader of the New Bedford Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to drug conspiracy charges.
Xavier Valentin-Soto, a/k/a “King X,” 33, pleaded guilty to conspiracy to distribute cocaine before U.S. Senior District Court Judge Rya W. Zobel, who scheduled sentencing for Dec. 16, 2020. Valentin-Soto was charged in December 2019, while serving a related sentence in state prison. Prior to his incarceration on the state charges, Valentin-Soto was the Cacique (or second-in-command) of the New Bedford Chapter of the Latin Kings.
During the plea proceedings, Valentin-Soto admitted that he conspired with other Latin Kings members and leaders to distribute cocaine and cocaine base in and around New Bedford. As Cacique, Valentin-Soto held a leadership role in the drug distribution conspiracy that the Latin Kings maintained in and around multiple trap houses throughout the north side of New Bedford.
Valentin-Soto was arrested in July 2017, when local police executed a search warrant at a Latin Kings trap house in north New Bedford and located cocaine and materials for the packaging and distribution of controlled substances. Valentin-Soto was charged in state court, but released after posting bail. While on pretrial release for the state charges, Valentin-Soto sold a total of 160 grams of cocaine powder to a cooperating witness over the course of three recorded purchases in early 2019.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
Pursuant to the terms of the plea agreement, Valentin-Soto faces a sentence of 65 months in prison and three years of supervised release. The charge of conspiracy to distribute controlled substances provides for a sentence of up to 20 years in prison, a minimum of three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Xavier Valentin-Soto is the tenth defendant to plead guilty in the case.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard and Mark Grady of Lelling’s Criminal Division are prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Charged with False Identity CrimeRead the Press Release
BOSTON – A Dominican national was arrested and charged today in connection with fraudulently using the identity of a U.S. citizen.
Alexander Villalona Diaz, 34, formerly of Lawrence, was charged with one count of false representation of a Social Security number. Following an initial appearance, Villalona Diaz was detained pending a detention hearing scheduled for Sept. 4, 2020.
According to the charging document, Villalona Diaz used the Social Security number of a U.S. citizen on Aug. 16, 2016 to fraudulently renew a Massachusetts driver’s license and, between September 2012 and June 2018, to apply for MassHealth benefits.
The charging statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
University Athletic Officials Charged in Superseding Indictment in College Admissions CaseRead the Press Release
BOSTON – A federal grand jury in the District of Massachusetts returned a second superseding indictment today bringing additional charges against two university athletic officials in the college admissions case.
The second superseding indictment charges Gordon Ernst, the former Georgetown University tennis coach, with three counts of federal programs bribery and three counts of filing false tax returns and charges Jovan Vavic, former water polo coach at the University of Southern California, with conspiracy to commit federal programs bribery. An arraignment date has not yet been scheduled.
The indictment alleges that in addition to accepting bribes from William “Rick” Singer, Ernst also solicited and received bribes from three other prospective Georgetown applicants. Ernst then failed to report a significant portion of those bribe payments on his federal income tax returns. The second superseding indictment also alleges that Vavic conspired to commit federal programs bribery by soliciting and accepting bribes to facilitate the admission of students to the University of Southern California. The new charges are in addition to those brought in an earlier indictment.
Singer previously pleaded guilty and is cooperating with the government’s investigation.
Of the 12 coaches, administrators and employees charged in the initial indictment in March 2019, eight have pleaded guilty or agreed to do so. Defendants Gordon Ernst, Donna Heinel, Jovan Vavic and William Ferguson have pleaded not guilty.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of federal programs bribery provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of conspiracy to commit federal programs bribery provides for a sentence of up to five years in prison, three years of supervised release a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brazilian National Charged with Paying Bribes in Exchange for ContractsRead the Press Release
BOSTON – A Brazilian national was arrested today and charged in connection with paying bribes to receive contracts for work at a collegiate institution in New York.
Willian Borges, 28, who resides in Fort Lauderdale, Fla., was charged in an indictment unsealed today on one count of conspiracy and three counts of bribery concerning programs receiving federal funds. Borges will make an initial appearance tomorrow in U.S District Court for the Southern District of Florida.
According to the indictment, Borges was a principal of DWD Builders, a general contracting firm, from 2018 to 2019. Floyd Young held positions involving facility maintenance at a New York collegiate institution. It is alleged that Young steered contracts for construction, repair, maintenance, and other work for the collegiate institution to favored contractors, including Borges, who paid him bribes, typically in the amount of 15% of the contract. Borges allegedly paid bribes to Young in cash during face-to-face meetings. In addition, as Borges received payment for work done at the collegiate institution, he paid Young bribes on a periodic basis. Borges also allegedly inflated the amount of the invoices submitted to the collegiate institution in order to be repaid the cost of the bribe payment made to Young. On occasion, Young and Borges arranged for no-work invoices to be submitted to the collegiate institution and then split the payment.
Young pleaded guilty yesterday to conspiracy to receive bribes by agent of organization receiving federal funds, and is scheduled to be sentenced on Feb. 1, 2020.
Borges faces a maximum of five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss for Conspiracy. For each of the counts charging him with Receiving Bribes, Borges faces a maximum of 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Connecticut Man Pleads Guilty to Receiving Bribes from ContractorsRead the Press Release
BOSTON – A Connecticut man who held positions involving facility maintenance at three collegiate institutions pleaded guilty today in connection with receiving bribes in exchange for directing contracts to favored contractors.
Floyd Young, 50, of Shelton, Conn., pleaded guilty to one count of conspiracy and three counts of bribery concerning programs receiving federal funds. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 1, 2021. In March 2019, Young was charged by criminal complaint and arrested.
Young held positions involving facility maintenance at three collegiate institutions, including one located in Massachusetts. Young steered contracts for construction, repair, maintenance, and other work for the collegiate institutions to favored contractors who paid him bribes, typically in the amount of 15% of the contract. The contractors inflated the amount of the invoices submitted to the collegiate institutions in order to be repaid the cost of the bribe payment made to Young. In addition, as contractors received payments for work done at the collegiate institutions, they paid Young bribes on a periodic basis. On occasion, Young and the contractors arranged for no-work invoices to be submitted to the collegiate institutions and then split the payment.
Pursuant to the plea agreement, Young has agreed to pay restitution of $919,066 – the amount he received in bribes.
The charging statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
Brockton Man Charged with Assaulting Officer with VehicleRead the Press Release
BOSTON – A Brockton man was arrested and charged in connection with assaulting an officer while fleeing a motor vehicle stop. The defendant’s vehicle allegedly dragged the officer for several feet as the defendant fled the scene, eventually crashed head-on into a guardrail on Route 24 at approximately 100 miles per hour, and ran across travel lanes of Route 24 before he was apprehended and placed under arrest.
Tykeam Jackson, 25, was arrested on Friday, Aug. 28, 2020 and charged by criminal complaint with one count of assaulting, resisting or impeding a federal officer. Following an initial appearance, Jackson was detained pending a detention hearing scheduled for Sept. 4, 2020.
As alleged in the charging documents, during the afternoon of July 27, 2020, a deputized federal law enforcement officer stopped Jackson for speeding on Route 28 in Avon and instructed Jackson to exit his vehicle. Instead, Jackson allegedly accelerated the vehicle with such force that the officer was dragged for several feet and thrown to the ground. Jackson then sped away, ignored traffic signals, and drove into oncoming traffic, eventually travelling at a speed of approximately 100 miles per hour in the breakdown lane of Route 24. After attempting to cross all three travel lanes, Jackson lost control of the vehicle and crashed head-on into the guardrail. He allegedly exited the vehicle, ran across the travel lanes of Route 24, and was almost struck several times by oncoming traffic. A Massachusetts state trooper subsequently found Jackson running into and obstructing traffic on a nearby heavily-traveled roadway and placed him under arrest.
According to court documents, Jackson is currently on probation resulting from an armed robbery conviction in Suffolk Superior Court.
For assaulting a federal officer, the charging statute provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Norfolk County District Attorney Michael Morrissey made the announcement today. The Massachusetts State Police provided assistance with the investigation. Assistant U.S. Attorneys Glenn A. MacKinlay and Sarah B. Hoefle of Lelling’s Organized Crime and Gang Unit are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Charged with Spray Painting Swastikas on Federal PropertyRead the Press Release
BOSTON – A Boston man was arrested on Friday and charged in connection with spray painting swastikas on the JFK Federal Building in Boston.
Gerard Richard Lee, 70, of Boston, was charged by criminal complaint with one count of injuring or depredating government property. Lee will make an initial appearance before U.S. Magistrate Judge Judith Dein this afternoon.
According to the charging documents, on Friday, Aug. 28, 2020, a police officer observed Lee spray paint graffiti, including swastikas, on the air intake stack at the JKF Federal Building in Boston.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Timothy Bane, Regional Director of the Department of Homeland Security’s Federal Protective Service made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the criminal complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Taunton Woman Indicted on Cocaine Possession ChargeRead the Press Release
BOSTON – A Taunton woman was indicted yesterday by a federal grand jury on cocaine possession charges.
Kiyanna Ambers, 42, was indicted on one count of possessing with intent to distribute 28 grams or more of cocaine base, and cocaine. Ambers was previously arrested and charged by criminal complaint with possession of cocaine on June 29, 2020.
According to charging documents, Ambers was found in possession of at least 28 grams or more of cocaine on June 29, 2020. Investigators also seized approximately $11,462 from Ambers.
The charge of possession with intent to distribute 28 grams or more of cocaine base provides for a minimum of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Lauren A. Graber of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Haverhill Man Charged with Conspiracy to Distribute FentanylRead the Press Release
BOSTON – A Haverhill man was arrested and charged with conspiracy to distribute fentanyl.
Sergio Garcia, 36, was indicted on one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and one count of possession with intent to distribute 400 grams or more of fentanyl. Following an initial appearance yesterday in federal court in Boston, Garcia was detained pending a detention hearing scheduled for Sept. 1, 2020.
According to the indictment, Garcia was in possession of 400 grams or more of fentanyl in Boston and Haverhill from April 20, 2020 to April 23, 2020.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service’s Boston Field Office; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division made the announcement. The Haverhill Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican Brothers Indicted for Fentanyl ConspiracyRead the Press Release
BOSTON – Two brothers from the Dominican Republic who lived in Lawrence were indicted yesterday in federal court in Boston on fentanyl distribution charges.
Guillermo Aybar-Guerrero, 28, and Luis Aybar-Guerrero, 24, were indicted on one count of conspiring to distribute and to possess with intent to distribute fentanyl and one count of possession with intent to distribute fentanyl. The defendants were previously charged in criminal complaints and arrested in June 2020.
According to charging documents, investigators conducted controlled purchases of fentanyl from Guillermo on June 10 and 17, 2020. On June 25, 2020, investigators set up a third controlled purchase, at which time Guillermo was arrested in possession of approximately 30 grams of suspected fentanyl. It is alleged that Guillermo retrieved these 30 grams of fentanyl from his brother, Luis. A search of Luis’ residence resulted in the seizure of an additional 263 grams of fentanyl as well as a scale, baggies and other drug-distribution paraphernalia.
The charge of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, and possession with intent to distribute of 40 grams or more of fentanyl carry a mandatory minimum sentence of five years and a maximum of 40 years in prison; at least four years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. The case is being prosecuted by Lelling’s Narcotics and Money Laundering Unit.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dennis Port Man Pleads Guilty to Child Pornography ChargesRead the Press Release
BOSTON – A Dennis Port man pleaded guilty yesterday to charges of receipt and possession of child pornography.
Sean Gleason, 36, pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography. U.S. District Court Judge Denise J. Casper scheduled sentencing for Dec. 18, 2020. On Sept. 10, 2019, Gleason was arrested and charged by criminal complaint and has been in custody since.
Following an investigation into the use of a messaging application in the exchange of child pornography, a federal search warrant executed on Sept. 10, 2019 at a residence in Dennis Port revealed hundreds of images of child pornography on Gleason’s cell phone. A full forensic review of the phone revealed at least 498 images and at least one video of child pornography. The cache of child pornography included images depicting the abuse of infants, toddlers and prepubescent minors.
The charges of receipt and possession of child pornography each carry a sentence of up to 20 years in prison, and the charge of receipt of child pornography carries a mandatory minimum sentence of five years in prison. Both charges provide for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Connecticut Contractor Charged with Paying BribesRead the Press Release
BOSTON – A Connecticut man was charged in connection with paying bribes to receive contracts for work at three collegiate institutions, including one located in Massachusetts.
Stephen Dinapoli, 40, of Wilton, Conn., was indicted on one count of conspiracy and two counts of bribery concerning programs receiving federal funds. Dinapoli was arraigned in federal court in Springfield this afternoon.
According to the indictment, Dinapoli was the principal of Big East Environmental, an environmental consulting firm, from 2013 to 2019. Floyd Young held positions involving facility maintenance at three collegiate institutions, including one located in Massachusetts. It is alleged that Young steered contracts for construction, repair, maintenance, and other work for the collegiate institutions to favored contractors, including Dinapoli, who paid him bribes, typically in the amount of 15% of the contract. Dinapoli allegedly paid bribes to Young in cash during face-to-face meetings. In addition, as Dinapoli received payment for work done at the collegiate institution, he paid Young bribes on a periodic basis.
Young was previously charged with conspiracy to receive bribes by agent of organization receiving federal funds, and is scheduled to plead guilty on Aug. 31, 2020.
On the charge of conspiracy, Dinapoli faces a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. For each count of paying bribes, Dinapoli faces a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
American Man Indicted on Charges of Exploiting Children in LaosRead the Press Release
An American man was indicted today in connection with exploiting teenage boys in Laos.
Michael Sebastian, 52, was indicted on three counts of engaging in illicit sexual conduct in foreign places and three counts of sex trafficking of children. Sebastian was charged by criminal complaint and arrested on July 7, 2020 in Lynn, Massachusetts. Sebastian was released on conditions including home incarceration in Ashby following a detention hearing on July 31, 2020.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling of the District of Massachusetts, and Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office made the announcement.
According to the charging documents, Sebastian was living in Laos, where he taught English to Laotian youth. During at least the past two years, Sebastian provided housing to at least three boys, aged 13 to 18, to whom he taught English. In lieu of paying rent to live with him, Sebastian allegedly allowed the boys to pay off their rent by performing chores. According to the charging documents, these chores included giving Sebastian massages – which, in turn, included masturbating Sebastian.
The FBI’s Washington D.C. Field Office and the Bangkok, Thailand Field Office provided assistance with the investigation. Trial Attorney Leslie Fisher of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Anne Paruti, U.S. Attorney Lelling’s Project Safe Childhood Coordinator, are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
American Man Indicted on Charges of Exploiting Children in LaosRead the Press Release
BOSTON – An American man was indicted yesterday in connection with exploiting teenage boys in Laos.
Michael Sebastian, 52, was indicted on three counts of engaging in illicit sexual conduct in foreign places and three counts of sex trafficking of children. Sebastian was charged by criminal complaint and arrested on July 7, 2020 in Lynn. Sebastian was released on conditions including home incarceration at a residence in Ashby following a detention hearing on July 31, 2020.
According to the charging documents, Sebastian was living in Laos, where he taught English to Laotian youth. During at least the past two years, Sebastian provided housing to at least three boys, aged 13-18, to whom he taught English. In lieu of paying rent to live with him, Sebastian allegedly allowed the boys to pay off their rent by performing chores. According to the charging documents, these chores included giving Sebastian massages – which, in turn, included masturbating Sebastian.
The charge of engaging in illicit sexual conduct in foreign places provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $250,000. The charge of sex trafficking of children provides for a mandatory minimum sentence of 10 years (and 15 years where the minor victim is under 14 years of age) and up to life in prison, five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Acting Assistant Attorney General for the Justice Department’s Criminal Division Brian C. Rabbitt; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. The FBI’s Washington DC Field Office and the Bangkok, Thailand Field Office provided assistance with the investigation. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood coordinator, and Leslie Fisher, a Trial Attorney in the Justice Department’s Child Exploitation and Obscenity Section, are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Uxbridge Doctor Pleads Guilty to Conspiring to Distribute AdderallRead the Press Release
BOSTON – An Uxbridge doctor pleaded guilty yesterday to conspiring to prescribe an amphetamine for reasons other than legitimate medical purposes.
Leslie Caraceni M.D., 58, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute Adderall and three counts of distributing and dispensing Adderall. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Dec. 15, 2020.
Caraceni was indicted in November 2018 with Rene Ruliera, 52, of Southborough, who pleaded guilty in August 2019 and is scheduled to be sentenced on Sept. 8, 2020. Co-conspirator Meghan Giacomuzzi, 37, of Whitinsville, pleaded guilty in February 2019 and is scheduled to be sentenced on Nov. 17, 2020.
Between March 2016 and February 2018, Caraceni, Ruliera and Giacomuzzi conspired to distribute Adderall, an amphetamine, for reasons other than for a legitimate medical purpose and not in the usual course of medical practice. Caraceni hired both Ruliera and Giacomuzzi to work at her medical practice in Framingham and later in Whitinsville, and enlisted both in a conspiracy to sell and distribute Adderall to individuals who had not been medically examined or given a clinical diagnosis to warrant a prescription. Office visitors met with either Ruliera or Giacomuzzi, discussed their desired prescription, paid for their office visit and left with a signed prescription for Adderall. Office visits lasted just minutes and each such visit cost approximately $200, payable in cash or through a credit card or debit card. Caraceni collected the cash from the office or received funds through deposits to her bank account.
Caraceni provided Ruliera and Giacomuzzi with blank prescription pads and explained how to fill out prescriptions for sale. Electronic communications between Caraceni, Ruliera and Giacomuzzi documented Caraceni’s knowledge of the prescriptions written by Ruliera and Giacomuzzi, the number of office visitors seen in her absence and the profits resulting from their sale of prescriptions to those visitors. Between November 2015 and July 2018, records from the Massachusetts Prescription Monitoring Program show that well over 1,500 prescriptions for Adderall—amounting to over 110,000 pills—were filled in Massachusetts based on Caraceni’s prescriptions.
Each charge provides a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Uxbridge Police Chief Marc Montminy; and Southborough Police Chief Kenneth Paulhus made the announcement. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Member of New Bedford Chapter of Latin Kings Pleads Guilty to Racketeering Conspiracy ChargesRead the Press Release
BOSTON – A former probationary member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering charges.
Emanuel Lopez-Velez, a/k/a “King Manny,” 22, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Dec. 10, 2020. Lopez-Velez was arrested and charged in December 2019, at which time he was a probationary member of the New Bedford Chapter of the Latin Kings.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
As detailed during the plea hearing, Lopez-Velez admitted that on Sept. 30, 2019, he was one of multiple members of the Latin Kings who travelled to Ruth Street and McGurk Street in New Bedford in order to confront and rob rival gang members, and was provided with a firearm to do so by another member of the gang. The Latin Kings members approached one of the rival gang members, surrounded him, pointed a firearm at the victim and demanded the victim’s phone. During the gunpoint robbery, the victim ran from the Latin Kings, and Lopez-Velez was ordered by another to “get him.” Lopez-Velez chased the rival gang member and fired one shot, hitting the victim in the back. The victim fell to the ground and was transported to the hospital, where he was treated and ultimately survived the incident.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Lopez-Velez is the ninth defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard and Mark Grady of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Pleads Guilty to Unlawful Re-Entry Following Alleged Involvement in Overdose DeathRead the Press Release
BOSTON – A Dominican national pleaded guilty today to unlawful re-entry of a deported alien. After reentering the United States within months of being removed, the defendant was charged with a heroin-related offense and was in possession of a phone that had been used in a drug transaction with an individual who died of an apparent overdose.
Joel Perez Matos, 35, who resided in Boston, pleaded guilty to unlawfully re-entering the United States after being deported. Perez Matos will be sentenced by U.S. District Court Judge Indira Talwani on Nov. 19, 2020. He has been detained since his arrest in April 2020 and will be subject to deportation following his sentence.
Perez Matos unlawfully re-entered the United States after being deported in December 2019. He had previously been removed in February 2016, and had unlawfully returned to the United States later that year.
On March 22, 2020, within a few months of having been removed from the United States, Perez Matos was arrested by local law enforcement in Stow and charged with a heroin-related offense. At the time of his arrest, Perez Matos was in possession of a cell phone that had been used the previous day to set up a drug transaction with a Massachusetts resident. On March 22, 2020, that resident died of an apparent drug overdose. When arrested, Perez Matos presented police with an out-of-state driver’s license in a fake name.
Perez Matos faces a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd Lyons, Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston, made the announcement today. The Stow Police Department also provided valuable assistance. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
Lawrence Resident Pleads Guilty to Sexual Exploitation ChargesRead the Press Release
BOSTON – A Lawrence resident pleaded guilty today to sexually exploiting two children under four years of age.
Jakob Nieves, who also goes by the name Dakota, 20, pleaded guilty to two counts of sexual exploitation of children, one count of distribution of child pornography and one count of possession of child pornography. U.S. District Court Judge Denise J. Casper scheduled sentencing for Dec. 16, 2020. In September 2019, Nieves was indicted and has been detained since being arrested on Aug. 14, 2019.
As part of an investigation into the use of Kik messenger for the trade of child pornography, an undercover agent communicated with Nieves via Kik. During the course of those communications, Nieves sent the undercover agent images and videos that Nieves produced, depicting Nieves sexually abusing a child.
When law enforcement executed a search warrant at Nieves’ home on Aug. 14, 2019, Nieves admitted to distributing images and videos of child pornography to a user Nieves “met” in a Kik group geared toward individuals interested in pedophilia. Forensic analysis of Nieves’ cell phone revealed pornographic images and videos of two children known to Nieves, both of whom were under the age of four, as well as thousands of child pornography images depicting victims personally unknown to Nieves.
The charge of sexual exploitation of children provides for a minimum mandatory sentence of 15 years and up to 30 years in prison. The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 20 years in prison. Each charge provides for a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Coordinator and member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Holyoke Man Pleads Guilty to Heroin DistributionRead the Press Release
BOSTON – A Holyoke man pleaded guilty yesterday in federal court in Springfield to distributing heroin.
Luis Garcia-Figueroa, 20, pleaded guilty to eight counts of distributing and possessing with intent to distribute heroin. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Dec. 22, 2020.
Garcia-Figueroa possessed with the intent to distribute and distributed heroin on eight occasions between October 2019 and Jan. 15, 2020.
The case was the result of an investigation into heroin trafficking in Holyoke.
The charging statute provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine $1 million on each count. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration in New England; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Holyoke Police Chief Manny Febo made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.
Justice Department Files Statement of Interest in Massachusetts Absentee Voting Rights CaseRead the Press Release
Yesterday, the Department of Justice filed a Statement of Interest in the Supreme Judicial Court in the Commonwealth of Massachusetts to help ensure that uniformed service members serving their country away from home, their family members absent with them, and American citizens living overseas have the opportunity to participate fully in Massachusetts’s 2020 federal general election. The brief is part of the Department of Justice’s continued efforts to enforce the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
“Our filing reflects the Justice Department’s unwavering commitment to ensuring that military and overseas voters are afforded a meaningful opportunity to participate in federal elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We will continue to ensure that the ability of our brave men and women serving in the military and our citizens residing overseas to participate fully in all federal elections is not infringed.”
“We are committed to protecting the rights of Massachusetts men and women serving our country and our citizens living overseas, including ensuring that their votes are counted and so their voices heard,” said Andrew E. Lelling, U.S. Attorney for the District of Massachusetts.
The lawsuit in question, filed by private plaintiffs, involves a challenge to the absentee ballot receipt deadline for Massachusetts’s upcoming federal primary election on Sept. 1. The plaintiffs have asked the court to extend the ballot receipt deadline until Sept. 11.
The department’s brief explains that UOCAVA requires states to transmit absentee ballots to military and overseas voters who have requested them at least 45 days before any federal election. Massachusetts needs sufficient time after the Sept. 1, primary election to certify and finalize the ballots so that the local election clerks will be able to send the military and overseas absentee ballots by Sept. 19, which is UOCAVA’s 45-day deadline for the Nov. 3, federal general election. The brief does not take a position on whether the court should adjust the ballot receipt deadline, nor does it take a position on the merits of plaintiffs’ claims. But the brief notes that any adjustment to the ballot receipt deadline should allow Massachusetts time to comply with UOCAVA to avoid the real possibility of disenfranchising military and overseas voters for the Nov. 3, 2020 election.
UOCAVA requires states to allow uniformed service voters serving away from home (those serving both overseas and within the United States) and their families who are absent with them, and American citizens residing overseas, to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made significant amendments to UOCAVA. Among those changes was a requirement that states transmit absentee ballots to UOCAVA voters who have timely requested ballots, by mail or electronically at the voter’s option, no later than 45 days before federal elections.
More information about UOCAVA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about possible violations of the federal voting rights laws may be reported to the Justice Department’s Civil Rights Division at 1-800-253-3931.
Statement of Interest
Justice Department Files Statement of Interest in Massachusetts Absentee Voting CaseRead the Press Release
BOSTON – The Department of Justice filed a Statement of Interest yesterday in the Supreme Judicial Court in the Commonwealth of Massachusetts to help ensure that uniformed service members serving their country away from home, their family members absent with them and American citizens living overseas have the opportunity to participate fully in Massachusetts’s 2020 federal general election. The brief is part of the Department of Justice’s continued efforts to enforce the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
“We are committed to protecting the rights of Massachusetts men and women serving our country and our citizens living overseas, including ensuring that their votes are counted and so their voices heard,” said Andrew E. Lelling, United States Attorney for the District of Massachusetts.
“Our filing today reflects the Justice Department’s unwavering commitment to ensuring that military and overseas voters are afforded a meaningful opportunity to participate in federal elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We will continue to ensure that the ability of our brave men and women serving in the military and our citizens residing overseas to participate fully in all federal elections is not infringed.”
The lawsuit in question, filed by private plaintiffs, involves a challenge to the absentee ballot receipt deadline for Massachusetts’s upcoming federal primary election on Sept. 1, 2020. The plaintiffs have asked the court to extend the ballot receipt deadline until Sept. 11, 2020.
The brief explains that UOCAVA requires states to transmit absentee ballots to military and overseas voters who have requested them at least 45 days before any federal election. Massachusetts needs sufficient time after the September 1 primary election to certify and finalize the ballots so that the local election clerks will be able to send the military and overseas absentee ballots by Sept. 19, 2020, which is UOCAVA’s 45-day deadline for the Nov. 3, 2020 federal general election. The brief does not take a position on whether the court should adjust the ballot receipt deadline, nor does it take a position on the merits of plaintiffs’ claims. But the brief notes that any adjustment to the ballot receipt deadline should allow Massachusetts time to comply with UOCAVA to avoid the real possibility of disenfranchising military and overseas voters for the Nov. 3, 2020 election.
UOCAVA requires states to allow uniformed service voters serving away from home (those serving both overseas and within the United States) and their families who are absent with them and American citizens residing overseas to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made significant amendments to UOCAVA. Among those changes was a requirement that states transmit absentee ballots to UOCAVA voters who have timely requested ballots, by mail or electronically at the voter’s option, no later than 45 days before federal elections.
More information about UOCAVA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about possible violations of the federal voting rights laws may be reported to the Justice Department’s Civil Rights Division at 1-800-253-3931.
This matter is being handled by Torey B. Cummings of Lelling’s Civil Rights Unit.
Melrose Man Indicted for Unemployment Insurance ScamRead the Press Release
BOSTON – A Melrose man has been indicted in connection with his role in an unemployment insurance fraud scheme.
Alan Neal Scott, 68, was indicted on four counts of mail fraud, one count of wire fraud and five counts of aggravated identity theft. Scott was arrested and charged by criminal complaint in July 2020.
According to the charging documents, over the course of the last six years, Scott submitted numerous fraudulent unemployment insurance claims with the Massachusetts Department of Unemployment Assistance (DUA). Scott submitted these claims using his own identity as well as the identities of various individuals, including some who were not eligible for unemployment benefits as they were incarcerated at the time of the claims and could not have been employed as reported. Moreover, the fraudulent claims all reported prior employment at a non-operational Massachusetts-based business also associated with Scott. As a result of these fraudulent claims, it is alleged that the DUA sent unemployment benefits funds to several addresses connected to Scott and that the funds were deposited into accounts he controlled. The indictment also alleges that Scott submitted fraudulent pandemic unemployment insurance claims in the names of others.
The charges of mail and wire fraud provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The aggravated identity theft charges provide for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigation, New York Regional Office; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service; and Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division made the announcement today. The Commonwealth of Massachusetts, Department of Unemployment Assistance, Program Integrity Unit also provided assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Charlestown Man Arrested and Charged with Trafficking Firearms and Being a Felon in Possession of FirearmsRead the Press Release
BOSTON – A Charlestown man was arrested yesterday and charged in connection with trafficking in firearms obtained from a straw purchaser in New Hampshire.
Charles Baker, 44, was indicted on one count of dealing in firearms without a license and two counts of being a felon in possession of a firearm. Baker was arrested yesterday morning and made an initial appearance before Magistrate Judge Donald L. Cabell. A detention hearing is scheduled for Aug. 25, 2020.
As alleged in the indictment, Baker dealt in firearms until May 2019. Due to a prior conviction, Baker is prohibited from possessing firearms, and does not possess a federal license to sell firearms.
The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division made the announcement. Assistant U.S. Attorney Philip A. Mallard of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
California Executive Charged in College Admissions CaseRead the Press Release
BOSTON – A California insurance and private equity executive has agreed to plead guilty to charges in connection with using fraud and bribery to cheat on the ACT exam on behalf of his daughter.
Mark Hauser, 59, of Los Angeles, Calif., will plead guilty to an Information charging him with one count of conspiracy to commit mail fraud and honest services mail fraud. A plea hearing has not yet been scheduled by the Court.
According to the terms of Hauser’s plea agreement, the government will recommend a sentence of six months in prison, one year of supervised release, a fine of $40,000 and restitution. Hauser is the 29th parent to plead guilty and the 42nd person overall to plead guilty in this case.
As set forth in the charging document, Hauser agreed with William “Rick” Singer to pay an amount, ultimately totaling $40,000, to facilitate cheating on his daughter’s ACT exam. As part of the scheme, co-conspirator Mark Riddell traveled to Houston, Texas, where Hauser’s daughter took the exam, and purported to proctor the test. Instead, Riddell corrected the answers on the exam after she completed it. Two days later, Singer paid an intermediary, Martin Fox, $25,000, with the understanding that Fox would pass part of the payment on to Niki Williams, the test site administrator who allowed the cheating to occur. Singer also paid Riddell $10,000 for his role in the scheme.
Singer, Riddell and Fox have previously pleaded guilty and are cooperating with the government’s investigation. Williams has agreed to plead guilty. The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.
California Couple in College Admissions Case Sentenced to PrisonRead the Press Release
BOSTON – Lori Loughlin and Mossimo Giannulli were sentenced to two months and five months in prison, respectively, in connection with securing the fraudulent admission of their two daughters to the University of Southern California (USC) as purported athletic recruits.
Loughlin, 56, of Los Angeles, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to two months in prison, two years of supervised release during which time she must complete 100 hours of community service and ordered to pay a fine of $150,000. Giannulli, 57, was sentenced by Judge Gorton to five months in prison, two years of supervised release during which time he must complete 250 hours of community service and ordered to pay a fine of $250,000.
In May 2020, Loughlin entered a plea of guilty to one count of conspiracy to commit wire and mail fraud and Giannulli entered a plea of guilty to one count of conspiracy to commit wire and mail fraud and honest services wire and mail fraud.
In 2016, Loughlin and Giannulli agreed to have William “Rick” Singer facilitate their older daughter’s admission to USC as a purported crew recruit. In an August 2016 email, Singer told Loughlin and Giannulli that he would “create a coxswain profile.” Giannulli emailed Singer a picture of his older daughter purporting to row on an ergometer for inclusion in the falsified profile.
Giannulli further agreed to make purported charitable contributions totaling $250,000 as a quid pro quo to facilitate his daughter’s fraudulent admission to USC. Giannulli caused $50,000 to be paid to an account belong to the USC athletics administrator and paid $200,000 to Singer’s sham charity, Key Worldwide Foundation (KWF). Giannulli forwarded the invoice from KWF to his financial advisor writing: “Good news my daughter [ ] is in [U]SC . . . bad [news] is I had to work the system.”
In 2017, Loughlin and Giannulli agreed with Singer to facilitate their younger daughter’s admission to USC as a purported crew recruit even though she too had never participated in the sport. In July 2017, Singer emailed Giannulli and Loughlin telling them he would “build an athletic profile for USC” and noted that he would falsely present her as a coxswain. Shortly thereafter, Giannulli, copying Loughlin, emailed Singer a photograph of their younger daughter on an ergometer.
In November 2017, Singer emailed Loughlin and Giannulli a “likely letter” stating that their younger daughter had been provisionally admitted to USC as an athletic recruit. Loughlin, copying Giannulli, responded: “This is wonderful news!”
Thereafter, Giannulli caused $50,000 to be paid to a USC athletic account controlled by the USC athletic administrator and $200,000 to be paid to KWF. Giannulli forwarded the KWF invoice to his financial advisor, noting that it was “the last college ‘donation’ for” his daughter, and asking, “Can’t I write this off?”
Singer has pleaded guilty and is cooperating with the government’s investigation.
Loughlin and Giannulli are the 21st and 22nd parents to be sentenced in the college admissions case.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Texas Man Indicted on Charge of Possession of 30 Kilograms of CocaineRead the Press Release
BOSTON – A Texas man was indicted yesterday by a federal grand jury in connection with possession of 30 kilograms of cocaine.
Javier Robledo Perez, 36, of Houston, Texas, was indicted on one count of possession with intent to distribute five kilograms or more of cocaine. Perez was previously charged by criminal complaint and arrested on May 24, 2020.
As alleged in charging documents, on May 24, 2020, following a traffic stop in Charlton, law enforcement officers seized 30 brick-shaped objects suspected to be kilograms of cocaine from the cab of the semi-truck Perez was driving. Agents conducted field tests on two of the brick-shaped objects, both of which tested positive for the presence of cocaine.
The charge of possession with intent to distribute of five kilograms or more of cocaine carries a minimum mandatory sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Statement from United States Attorney Andrew E. LellingRead the Press Release
“After extensive deliberations, including consideration of the views of the many victims in this case, the Justice Department has decided to ask the Supreme Court to review the First Circuit Court of Appeals’ decision to reverse the death penalty, in an effort to preserve the jury’s verdict sentencing Dzhokhar Tsarnaev to death. Our hope is that this will result in reinstatement of the original sentence and avoid a retrial of the death penalty phase.
First, we respectfully disagree with the merits of the appellate court’s decision. Second, Dzhokhar Tsarnaev is an ideologically driven mass killer who, with his brother, detonated at the finish line of the Boston Marathon two home-made bombs specifically designed to rip people apart, killing three – a young boy and two women – maiming seventeen, and injuring hundreds; shot a police officer three times in the head so they could steal his sidearm; and exchanged thousands of rounds with police officers in Watertown. I have heard, and respect, the voices calling for the Department to drop its pursuit of the death penalty in this case. But the severity of Tsarnaev’s crimes place him in that narrow category of criminals for whom death is a proportional punishment. Some have argued that executing Tsarnaev will not deter others from pursuing similar crimes. But, ultimately, this decision is not about deterrence. It is about justice.”
Former Client Relationship Manager at Bank of America Arrested on Wire Fraud and Money Laundering ChargesRead the Press Release
BOSTON – A former client relationship manager at Bank of America was arrested and charged today in connection with embezzling $1.5 million from a client company and using a portion of those funds to purchase luxury items.
Waqas Ali, 31, of Abington, was charged in a criminal complaint with wire fraud and money laundering. Ali will make an initial appearance today via videoconference in federal court in Boston.
According to court documents, Ali was the client relationship manager for the victim company, which was a Bank of America client. Ali allegedly opened a checking account in the name of the victim company without its knowledge or authorization, and between September 2016 and July 2017, fraudulently transferred over $1.5 million from the victim company’s accounts to a fraudulent account.
It is alleged that Ali used over $600,000 of the funds he fraudulently obtained to fund his lifestyle and pay for luxury items, including a Porsche SUV and retail items at Neiman Marcus, Bloomingdales, Christian Louboutin and Tag Heuer.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of money laundering provides for a sentence of up to 20 years in prison, three years of supervised release, a $500,000 fine, restitution and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Agawam Man Pleads Guilty to Defrauding VA Hospitals by Failing to Inspect Medical Gas SystemsRead the Press Release
BOSTON – A vendor for several Veterans Affairs medical facilities pleaded guilty today to a scheme to profit by billing for, but failing to perform, critical medical gas inspections at VA facilities.
Chester Wojcik, 49, of Agawam, Mass., pleaded guilty to one count of wire fraud. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 19, 2020.
From May 29, 2014, through March 5, 2015, Wojcik, as the owner of Alliance Medical Gas Corporation, engaged in a scheme to defraud the VA by creating false invoices and reports for medical gas inspections that never took place. Medical gas supply systems deliver piped gases, including compressed air, oxygen, nitrous oxide, nitrogen and carbon dioxide to operating rooms, recovery rooms and patient rooms. Medical gas supply systems must be inspected and maintained regularly to ensure the safety of patients and medical professionals. Wojcik failed to perform, and then lied about, scheduled inspections of medical gas systems at VA facilities in Sioux Falls, S.D., Tuskegee, Ala. and Montgomery, Ala. Wojcik was paid $8,981 by the VA for services that his company did not perform.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.
Randolph Man Sentenced for Dealing FentanylRead the Press Release
BOSTON – A Randolph man was sentenced today in federal court in Boston for distributing fentanyl.
Richard Petit-Frere, 25, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to 60 months in prison and 48 months of supervised release. In August 2019, Petit-Frere pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl and five counts of distribution of and possession with intent to distribute fentanyl.
On multiple occasions from May 2, 2018, through Nov. 11, 2018, an undercover federal agent purchased fentanyl from Petit-Frere and others in Randolph, Canton and Foxboro. The investigation revealed that Petit-Frere was a member of the No Fear Ones street gang in Randolph.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Randolph Police Chief William Pace; Stoughton Police Chief Donna M. McNamara; and Foxboro Police Chief Michael Grace made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.