District of Massachusetts
Press releases recorded for this federal judicial district.
Chicopee Man Indicted for Heroin DistributionRead the Press Release
BOSTON – A Chicopee man was arrested on drug distribution charges.
Brett Garcia, 33, was charged in an indictment unsealed today with possessing with intent to distribute 100 grams or more of heroin. Garcia was arraigned today and was detained pending a hearing scheduled for Friday, May 15, 2020.
The indictment alleges that Garcia possessed with intent to distribute 100 grams or more of heroin on Feb. 28, 2020 in Hampden County.
The indictment was the result of an investigation into heroin trafficking in Chicopee.
The charging statute provides for a sentence of at least five years and up to 40 years in prison, at least three years of supervised release and a fine of $2 million. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Chicopee Police Chief William R. Jebb made the announcement today. Assistant U.S. Attorney Todd E. Newhouse 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.
U.S. Attorney Lelling Honors Massachusetts Law Enforcement During National Police WeekRead the Press Release
BOSTON – United States Attorney Andrew E. Lelling joins the Department of Justice in recognizing the service and sacrifice of federal, state, local and tribal law enforcement during National Police Week, which is observed Sunday, May 10 through Saturday, May 16, 2020.
“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”
“It is an all too infrequent occasion that we thank those who keep our communities safe,” said U.S. Attorney Lelling. “To the law enforcement officers in this Commonwealth – today and every day – you have my deepest regard and admiration. The U.S. Attorney’s Office supports you and has the greatest appreciation for your dedication to protecting public safety, which, in the midst of a national pandemic, comes with even greater risks and challenges. Nonetheless, you honor the oath to protect and serve, and for that, the Commonwealth is a safer place.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.
The U.S. Attorney’s Office in Massachusetts will mark National Police Week by honoring more than 130 federal, state and local law enforcement personnel who contributed to the success of federal cases during the 2019 calendar year. Each year the U.S. Attorney in Massachusetts holds a formal ceremony during National Police Week to honor award recipients, however due to ongoing pandemic, this year’s event has been postponed.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019. The names of the fallen officers who have been added to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 PM (EDT), and can be viewed at https://www.youtube.com/user/TheNLEOMF.
Dominican National Sentenced for Fentanyl DistributionRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence pleaded guilty and was sentenced yesterday for distributing fentanyl.
Steven de Jesus de Leon Trinidad, 22, pleaded guilty during a videoconference hearing to distribution of fentanyl. U.S. District Judge Leo T. Sorokin then sentenced de Leon Trinidad to time served (approximately 11 months in prison) and three years of supervised release. De Leon Trinidad will face deportation proceedings.
On June 11, 2019, de Leon Trinidad sold fentanyl to an undercover agent in Lawrence. Law enforcement officers arrested de Leon Trinidad immediately following the sale, and he has been in custody since. A federal grand jury indicted de Leon Trinidad in July 2019.
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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester Branch Office prosecuted the case.
Dominican National Pleads Guilty to False Identity CrimesRead the Press Release
BOSTON – A Dominican national who previously resided in Lawrence pleaded guilty today in federal court in Boston to fraudulently applying for a Social Security number.
Robely Eladio De Jesus Guerrero, 32, pleaded guilty before U.S. District Court Judge Richard G. Stearns to one count of aggravated identity theft and one count of false representation of a Social Security number. A sentencing date has not yet been scheduled.
On Jan. 4, 2016, De Jesus Guerrero used the Social Security number of a U.S. citizen to submit a renewal application for a Massachusetts driver’s license under the victim’s name.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising 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.
The charge of aggravated identity theft carries a mandatory two-year prison sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. The charge of false representation of a Social Security number 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 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; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General, made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; U.S. Secret Service; U.S. Postal Inspection Service; U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; the U.S. Marshals Service; the Massachusetts State Police; and the Massachusetts Office of Inspector General. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Sentenced for Fraudulently Applying for Passport and MassHealth BenefitsRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston in connection with making fraudulent statements on a passport application and an application for MassHealth benefits.
Hidel Romero Sanchez, 42, a Dominican national residing in Dorchester, was sentenced by U.S. District Court Judge Denise J. Casper to time served (approximately 14 months in prison), 18 months of supervised release, and ordered to pay forfeiture and restitution of $26,000 to MassHealth and $3,800 to Massachusetts Department of Transitional Assistance. In January 2020, Romero Sanchez pleaded guilty to making a false statement on a passport application and a false statement on an application for MassHealth benefits.
Romero Sanchez admitted to using the identification of a U.S. citizen to obtain a Connecticut driver’s license, a U.S. passport, MassHealth benefits, Supplemental Nutritional Assistance Program (SNAP) benefits, and subsidized housing benefits. He also admitted to using this false identity in employment documents, including when submitting a criminal record check form for a job at a local children’s hospital, and thus hiding prior cocaine trafficking charges that were pending under his true name.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Bill Abely of Lelling’s Major Crimes Unit prosecuted the case.
Brazilian National Charged with Armed RobberyRead the Press Release
BOSTON – A Brazilian man, living in Chelsea, was charged today in connection with the April 21, 2020, armed robbery of Lanzilli’s Grocery in Boston.
Diego Evangelista DaSilva, 32, was charged in a criminal complaint with one count of armed robbery. DaSilva, who is currently in the custody in Suffolk County, will make his initial appearance in federal court at a later date.
According to the charging documents, between Jan. 4, 2020 and April 20, 2020, 12 armed robberies occurred at commercial establishments in the metropolitan Boston area. These establishments included pharmacies, gas stations, convenience stores, and grocery stores. The robbery suspect in each of the robberies appeared to be the same individual based on consistent characteristics recorded on video surveillance and as described in witnesses. The suspect was described as a light-skinned Hispanic male, 5’9 - 6’ tall, medium build, and wearing a hat or hooded sweatshirt. In many of the robberies, the robber entered the establishment, passed a demand note, made verbal demands for money and displayed what appeared to be a firearm tucked into the waistline of his pants.
On April 21, 2020, at 8:20 p.m., an armed robbery occurred at Lanzilli’s Grocery in Boston. During the robbery, the robber was observed wearing a gray knit cap, a flesh colored mask and a gray hooded sweatshirt. The video surveillance also shows what appears to be a red garment/jacket under the gray sweatshirt. Surveillance photographs showed the robber exiting the area, going in between two buildings, and later emerging wearing a red jacket. The video shows what appears to be bulky clothing under the red jacket. The robber then entered a local store, and used the store’s Wi-Fi to order a cab. The cab company’s records revealed that the cab proceeded to drop the robber off near Washington Park in East Boston.
On April 26, 2020, law enforcement agencies surveilled the area of Washington Park and observed an individual, who fit the physical description of the robber, wearing similar clothing worn by the robber during the April 21, 2020, robbery. Law enforcement observed the individual drive away in a car, conducted a motor vehicle stop of the car, determined that the driver – DaSilva – did not possess a driver’s license and detained him. During a later search of the car, law enforcement recovered a black semi-automatic BB gun under the vehicle’s seat and a gray knot cap.
DaSilva’s home was later searched and personal papers in his name, a red jacket, and various items of clothing and hats were recovered
According to court documents, DaSilva was later interviewed and admitted his involvement in the string of 12 robberies.
The charge of Hobbs Act robbery provides for a sentence of up to 20 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; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Suffolk County District Attorney Rachel Rollins; Boston Police Commissioner William Gross; Everett Police Chief Steven A. Mazzie; Chelsea Police Chief Brian Kyes; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling 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.
Dominican National Sentenced for Fentanyl and Aggravated Identity Theft ChargesRead the Press Release
BOSTON – A Dominican national previously residing in Worcester was sentenced today in connection with fentanyl and heroin distribution and aggravated identity theft charges.
Jonathan Francisco Bobadilla-Rosa, 31, was sentenced by U.S. District Court Judge Timothy S. Hillman to 28 months in prison and one year of supervised release. In November 2019, Bobadilla-Rosa pleaded guilty to possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl; false representation of a social security number; and aggravated identity theft.
Bobadilla-Rosa is illegally in the United States. In December 2018, he was arrested carrying a backpack containing more than 100 grams of heroin and more than 40 grams of fentanyl. When he was arrested, he identified himself by a different name and claimed to be from Puerto Rico. Further investigation revealed that Bobadilla-Rosa stole the identity of a Puerto Rican resident, used that identity to obtain a Massachusetts identification card, and that Bobadilla-Rosa was actually from the Dominican Republic.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office made the announcement today. The Massachusetts Attorney General’s Office and the Massachusetts State Police provided assistance with the investigation. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division prosecuted the case.
U.S. Attorney’s Office and Homeland Security Investigations Remind Parents of Risks to Children OnlineRead the Press Release
BOSTON – The U.S. Attorney’s Office and Homeland Security Investigations are partnering to alert parents and guardians of the potential dangers to children online, and providing guidance for internet safety.
As a result of school closings due to COVID-19, children are increasingly using online resources for schoolwork as well as entertainment. Due to increased access to and reliance on social media, chatting apps, gaming, and other internet-based platforms, children may be more vulnerable to sexual exploitation. Now more than ever before, it is imperative that parents and guardians take steps to educate and protect children online.
The U.S. Attorney’s Office and Homeland Security Investigations have partnered to develop an awareness campaign, “Think Before You Click,” to encourage parents and guardians to discuss internet safety with children of all ages and to monitor internet use. Included are tips for identifying potential victimization and resources to report concerns. The flyer was distributed to law enforcement officers and school leaders throughout the Commonwealth.
“Children are susceptible to online predators because they are often unaware of how dangerous online environments can be,” said United States Attorney Andrew E. Lelling. “Children are at an even greater inadvertent risk now due to school closures and the prevalence of ongoing learning and leisure activities. Through “Think Before You Click,” we aim to make parents and guardians more cognizant of the dangers to children online, and arm them with tools to protect children’s privacy.”
“The COVID-19 pandemic has created an increase in online activity, whereby students are utilizing the internet and social media as a key source of education and entertainment. The marked increase in social media usage and lessened social interaction may create opportunity for predators to exploit our children. That being said, parental supervision, open discussions about internet safety, active monitoring, and smarter use of privacy settings will reduce the chance of victimization from child predators,” said Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations (HSI) Boston. “The inherent dangers presented by social media applications are evident. HSI and our law enforcement partners will continue to take an aggressive, whole of government approach to identifying, disrupting, and dismantling those malicious organizations and actors who seek to prey upon our children.”
This effort was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. PSC also conducts education and outreach programs aimed at combating and preventing technology-facilitated crimes. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Salvadoran National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Salvadoran national, who previously resided in East Boston, was sentenced yesterday for illegally reentering the United States after being deported.
David Sanchez Murcia, 38, was sentenced by U.S. District Court Judge Patti B. Saris to time-served (approximately 18 months in prison) and one year of supervised release. Sanchez Murcia will be placed into removal proceedings. In January 2020, Sanchez Murcia pleaded guilty to unlawful reentry of a deported alien.
In 2018, immigration authorities learned that Sanchez Murcia, who was illegally present in the United States, was arrested and charged in Suffolk County with rape of a child in November 2017. Sanchez Murcia posted bail on the rape charge and was released; ICE was not contacted. In 2018, ICE encountered Sanchez Murcia, placed him into removal proceedings, and on June 6, 2018, he was deported to El Salvador.
Sometime after his 2018 removal, Sanchez Murcia illegally returned to the United States and was rearrested on the open child rape charges and held on bail. ICE learned of his return and in July 2019, Sanchez Murcia was charged federally with illegal reentry. Sanchez Murcia went to trial on the rape charge in February 2020, which resulted in a mistrial. On April 17, 2020, Sanchez Murcia was released on the rape charges on personal recognizance, and was immediately taken into federal custody. On April 29, 2020, the state dismissed its case.
United States Attorney Andrew E. Lelling and Todd Lyons, Acting Field Office Director, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), New England Field Office made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Brockton Man Sentenced for Being Felon in Possession of FirearmRead the Press Release
BOSTON – A Brockton man was sentenced today for being a felon in possession of a firearm.
Clive McFarlane, 36, was sentenced by U.S. District Court Judge Allison D. Burroughs during a videoconference to time served (approximately six months in prison) and two years of supervised release. McFarlane pleaded guilty to one count of being a felon in possession of a firearm on April 14, 2020.
On Aug. 27, 2019, McFarlane was found in possession of a Rohm Gesellschaft .25 caliber revolver, one round of Remington .25 caliber ammunition and seven rounds of Cascade Cartridges .25 caliber ammunition. McFarlane had previously been convicted of being a felon in possession of a firearm and other crimes punishable by more than a year in jail and therefore was prohibited from possessing firearms.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Plymouth County District Attorney Timothy J. Cruz; and Brockton Police Chief Emanuel Gomes made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Criminal Division prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Worcester Man Sentenced for Heroin and Cocaine ConspiracyRead the Press Release
BOSTON – A Worcester man was sentenced today in federal court in Worcester for his role in a heroin and cocaine conspiracy.
Vito Nuzzolilo, 46, was sentenced during a videoconference hearing before U.S. District Court Judge Timothy S. Hillman to 134 months in prison and eight years of supervised release. In August 2019, Nuzzolilo pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine and more than 100 grams of heroin.
Nuzzolilo distributed heroin and cocaine from his apartment in Worcester and from a separate “band room” that he maintained in Worcester. A federal wiretap revealed numerous communications in which Nuzzolilo coordinated the sale of heroin or cocaine to various drug customers. The investigation also revealed that Nuzzolilo coordinated with a New York-based source of supply for the delivery of significant quantities of heroin and cocaine to Worcester. As a result of the investigation, law enforcement seized drugs from various locations, including from Nuzzolilo’s band room, his BMW, and from a car transporting cocaine from Nuzzolilo’s apartment in Maine.
Four other individuals have pleaded guilty and been sentenced in this drug conspiracy. In February 2019, Ricardo Ortega-Vasquez, 42, a Dominican national residing in New York City, was sentenced to time served (approximately 23 months in prison). In November 2018, Thomas Walker of Pemaquid, Maine, was sentenced to 30 months in prison. In September 2018, Melissa Rock, also of Pemaquid, Maine, was sentenced to 12 months and 1 day in prison. And in June 2018, Kristen Little of Worcester was sentenced to 30 months in prison.
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 Bill Abely of Lelling’s Criminal Division prosecuted the case.
Justice Department Committed to Investigating Predatory Practices in Housing Amid COVID-19 PandemicRead the Press Release
BOSTON – The Attorney General has directed U.S. Attorney’s Offices across the country to investigate reports of housing-related sexual harassment resulting from the current COVID-19 pandemic.
As the country adopts drastic measures to slow the spread of COVID-19, many Americans have lost their jobs and many more have seen their wages curtailed. These losses have forced some to seek abatements or suspensions of their rent. According to a recent memo from the Attorney General, there have been reports of landlords who have responded to requests to defer rent payments with demands for sexual favors and other acts of unwelcome sexual conduct. Such behavior is illegal under the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Sexual harassment is a form of sex discrimination prohibited by the Act. Sexual harassment by landlords, property managers, maintenance workers, and others with power over housing often impacts society’s most vulnerable populations.
“Sexual harassment in housing is illegal and despicable,” said United States Attorney Andrew E. Lelling. “No person should have to tolerate this behavior in order to keep a roof over his or her head. This conduct is unacceptable in normal times, and certainly will not be tolerated in the midst of a pandemic. My office will aggressively investigate these cases.”
The Attorney’s General’s directive reaffirms the commitment that the Department of Justice made when it launched the Sexual Harassment Initiative in October 2017. The initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of its enforcement efforts – both among survivors and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
If you think you are a victim of sexual harassment by a landlord, or other person who has control over housing, resulting from the COVID-19 crisis, contact the U.S. Attorney’s Office by calling 888-221-6023 or emailing [email protected]. For more information, visit www.justice.gov/crt/sexual-harassment-housing-initiative
Dominican National Sentenced for Fentanyl DistributionRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence pleaded guilty and was sentenced yesterday for distributing fentanyl.
Erick Alberto Paulino Amador, 28, pleaded guilty to two counts of distribution of and possession with intent to distribute fentanyl during a videoconference hearing before U.S. District Judge Richard G. Stearns. Judge Stearns then sentenced Paulino Amador to one year and one day in prison. Paulino Amador will face deportation proceedings upon completion of his sentence.
On two occasions in July 2019, Paulino Amador sold fentanyl to an undercover agent. Law enforcement officers arrested Paulino Amador in Lawrence on July 25, 2019, and he has been in custody since. A federal grand jury indicted Paulino Amador in August 2019.
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. Assistance was provided by the Massachusetts State Police and the Andover Police Department. Assistant U.S. Attorney Charles B. Weinograd prosecuted the case.
Brazilian National Sentenced for Producing False Identification DocumentsRead the Press Release
BOSTON – A Brazilian national who previously resided in Framingham was sentenced yesterday for producing false identification documents and Social Security card fraud.
Cristiano Ribeiro De Moura, 33, was sentenced by U.S. District Court Judge Allison D. Burroughs to time served (roughly 8 months) in prison and one year of supervised release. In January 2020, Ribeiro De Moura pleaded guilty to producing a false identification document, aiding and abetting and Social Security card fraud.
Ribeiro De Moura sold four counterfeit Lawful Permanent Resident cards and four counterfeit Social Security cards in July and August 2019. Ribeiro De Moura charged $350 for a set of fake documents, which included one Lawful Permanent Resident card and one Social Security card. The buyers provided their name and date of birth, and Ribeiro De Moura provided the Social Security number.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.
Harvard University Agrees to Pay over $1.3 Million to Resolve Allegations of Overcharging NIH GrantsRead the Press Release
BOSTON – Harvard University has agreed to pay $1,359,791 to resolve allegations that Harvard’s T.H. Chan School of Public Health (HSPH) overcharged certain grants funded by the National Institutes of Health (NIH) and the Health Resources & Services Administration (HRSA). This settlement resulted from Harvard’s self-disclosure of issues that it identified on NIH and HRSA grants by a particular professor and her team between at least 2009 and 2014.
Colleges and universities receiving federal grants are required to accurately track their time and effort and only charge grants for time and effort that employees spent working on those grants. Overstating time and effort spent on grants can result in awarding agencies (in this case NIH and HRSA) paying more than is justified.
The government contends that the HSPH professor, Donna Spiegelman, and her team overstated the time and effort spent working on certain NIH grants for which they provided support (and where they were not principal investigators or key personnel). The overcharges were associated with statistical analysis support that the professor and her team provided to other HSPH professors on grant-related research. The government alleges that Professor Spiegelman and her team inappropriately charged their time and effort by evenly distributing their time across all grants for which they provided statistical support, without accurately accounting for the time they actually spent on particular grants. The government further alleges that Professor Spiegelman overstated a portion of her time and effort on a HRSA-funded President’s Emergency Plan for AIDS Relief (“PEPFAR”) grant, on which she was key personnel. As a result, between 2009 and 2014, Professor Spiegelman and her team allegedly overcharged certain NIH and HRSA grants by approximately $1,359,791.
This settlement also resolves allegations that HSPH knew or should have known that the manner in which Professor Spiegelman, and those working under her direction, were charging time and effort had resulted in or would result in overcharges to these NIH grants. HSPH did not timely review Professor Spiegelman’s historical timekeeping to determine whether she and her team had overcharged grants, despite questions being raised for several years about these timekeeping practices.
“As this resolution shows, this Office will continue to examine whether colleges and universities, and their professors, are appropriately using government funding,” said United States Attorney Andrew E. Lelling. “Grant fraud wastes scarce government resources and limits the availability of funding for other research. We commend Harvard for itself disclosing the alleged overcharges at the School of Public Health and for taking steps to prevent future recurrences.”
“Institutions that receive government-funded research grants have an obligation to the American taxpayer to accurately account for their use of those funds,” said Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General. “This settlement demonstrates OIG’s commitment to ensuring that taxpayer dollars are not wasted, and that organizations that receive these funds are truthful in their dealings with federal agencies like the NIH and HRSA”
Since Harvard disclosed these potential overcharges to NIH and the U.S. Attorney’s Office in 2016, it investigated the potential overcharges by the professor and others at HSPH, disclosed its findings, and worked cooperatively to explain the overcharges. In addition, Harvard has put in place additional internal controls and safeguards aimed at preventing overcharges from occurring in the future.
United States Attorney Lelling and HHS OIG SAC Coyne made the announcement today. Assistant U.S. Attorneys Brian M. LaMacchia and Jessica J. Weber of Lelling’s Affirmative Litigation Unit handled the matter.
Surgeon Agrees to Pay $1.75 Million to Resolve Allegations that He Accepted Kickbacks from SpineFrontierRead the Press Release
BOSTON – The U.S. Attorney’s Office announced today that Dr. Jeffrey R. Carlson of Newport News, VA has agreed to pay $1.75 million to resolve allegations that he accepted kickbacks from SpineFrontier, Inc., a Massachusetts-based medical device manufacturer.
Dr. Carlson, an orthopedic surgeon, is the sixth surgeon who has agreed to settle with the government relating to his interactions with SpineFrontier. In March, the government filed a False Claims Act complaint against SpineFrontier and its executives, alleging that SpineFrontier paid kickbacks to spine surgeons itself and through a sham third-party entity, Impartial Medical Experts, LLC, which was owned and controlled by SpineFrontier’s founder and CEO, Kingsley R. Chin.
As part of the settlement agreement announced today, the government contends that Dr. Carlson received kickbacks in the form of sham consulting fees that he submitted through Impartial Medical Experts. Under the settlement agreement, Dr. Carlson admits that he estimated his purported consulting hours based on the number of times he used a SpineFrontier product in a given month, as opposed to tracking actual time he spent consulting. Dr. Carlson further admits that he cannot document the consulting hours he submitted for payment to SpineFrontier and Impartial Medical Experts. In addition, Dr. Carlson sought and received consulting payments from SpineFrontier for time he spent during his surgical procedures, for which Medicare and other federal health care programs were already paying him.
Dr. Carlson also admits to accepting free meals from SpineFrontier, for himself and his surgical staff, on almost every day that he performed a surgical procedure with a SpineFrontier product. In total, SpineFrontier provided Dr. Carlson and his staff meals that cost thousands of dollars.
“This settlement continues our commitment to ensuring that doctors choose medical products solely on the basis of what is best for the patient, and not what is best for the surgeon’s pockets. For their part, manufacturers must play by the rules and compete on a level playing field,” said United States Attorney Andrew E. Lelling. “We will investigate any doctor, like Dr. Carlson, who accepts money from a device manufacturer simply for using that company’s products.”
“By accepting kickbacks in the form of sham consulting fees, along with thousands of dollars in free meals, Dr. Jeffrey Carlson not only put his own financial well-being ahead of his patients, but he also cheated taxpayers who were footing the bill for his surgical procedures,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s settlement illustrates the FBI’s continued commitment to working with our law enforcement partners to root out those trying to undermine our healthcare system.”
“Sham consulting arrangements seek to undermine the integrity of the medical decision-making process,” said Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Patients in government healthcare programs, and the taxpayers funding these programs, expect surgeons to make decisions based on the best interest of their patients without the cloud of improper financial incentives. Today’s settlement sends a clear message that these types of financial arrangements will not be tolerated.”
Chris Algieri, Special Agent in Charge, VA Office of Inspector General, stated “The Veterans Choice Program allows Veterans to receive care from a community provider. The program is undermined when providers put their financial interests ahead of our nation’s Veterans. VA OIG will continue working with agency partners to ensure VA healthcare programs are protected.”
“We applaud the Department of Justice for addressing the issue of fraudulent activity against not only the military patient population, but also the American public at large,” said Army Lt. Gen. Ronald Place, Director of the Defense Health Agency. “We will continue working together with federal, state, and local authorities to pursue any and all who would seek to take advantage of the health care needs of our people for their personal gain.”
U.S. Attorney Lelling, FBI Boston SAC Bonavolonta, HHS-OIG SAC Coyne, VA OIG SAC Algieri, and DHA Director Army Lt. Gen. Place made the announcement today. Assistant U.S. Attorneys Abraham R. George, David J. Derusha, Patrick M. Callahan and Steven T. Sharobem of Lelling’s Office handled the investigation.
Justice Department Secures Denaturalization of Woman Who Fraudulently Obtained Green Card and U.S. CitizenshipRead the Press Release
BOSTON – A federal judge ruled yesterday to revoke the U.S. citizenship of a Haitian national, who resides in Randolph, Mass., for fraudulently obtaining a green card and U.S. citizenship.
In an Order handed down yesterday, U.S. District Court Judge William G. Young held that Myrlene Charles procured her U.S. citizenship unlawfully by concealing and misrepresenting material facts while applying for immigration benefits. The Court’s Order was based, in part, on false statements that the defendant made while applying for a green card and citizenship. Such statements included that she was single, that she had never used other names, and that she had never been ordered removed from the United States.
During a January 2020 trial, the evidence established that the defendant used a photo-switched passport to enter the country in 1990 under the name “Mimose Delphonse;” unsuccessfully applied for asylum and was ordered deported under the names “Iviarta Dastino” and “Ivierta Dastino” in the 1990s; and subsequently concealed such events when she applied for a green card in 1996 and for citizenship in 2005 as “Myrlene Charles.” The defendant also hid the fact that she was married in 1996 when she applied for a green card under a category reserved for unmarried people.
The government learned of the defendant’s use of multiple identities and immigration fraud through advancing technology in fingerprint analysis. This analysis allowed the government to digitize ink fingerprints taken when the defendant entered the country under her first claimed identity using a fraudulently photo-switched passport. The government matched those fingerprints with electronic fingerprints taken years later when defendant used her third claimed identity during her naturalization proceedings.
“U.S citizenship is a privilege and the ultimate benefit that can be conferred in our immigration system,” said U.S. Attorney Andrew E. Lelling. “Here, the defendant repeatedly undermined the integrity of our immigration laws through the use of significant, ongoing false statements about her true identity. People cannot defraud the immigration system, and claim the benefits of that system, at the same time.”
U.S. Attorney Lelling and Assistant Attorney General for the Justice Department’s Civil Division Joseph (Jody) H. Hunt made the announcement today. This case was investigated by U.S. Citizenship and Immigration Services and the Justice Department’s Civil Division’s Office of Immigration Litigation, District Court Section National Security and Affirmative Litigation Unit. Assistant U.S. Attorney Annapurna Balakrishna of Lelling’s Civil Division and Deputy Chief Kathleen Connolly and Trial Attorney Steven Platt of the Justice Department handled the case.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence was sentenced yesterday for illegal reentry after deportation.
Jose Urena Vasquez, 42, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to eight months in prison – to be served consecutively with pending charges in Essex Superior Court – and three years of supervised release. Upon completion of his sentence, Urena Vasquez will be placed into removal proceedings and deported to the Dominican Republic.
In 2008, immigration officials encountered Urena Vasquez, who was serving an 11 month sentence for drug distribution in the Essex County House of Corrections. Upon completion of his sentence, Urena Vasquez was placed into removal proceedings, and on March 25, 2009, he was deported to the Dominican Republic.
Sometime after his removal, Urena Vasquez illegally reentered the United States. In 2018, he was charged in Lawrence District Court with armed assault to murder, assault and battery with a dangerous weapon and possession of a firearm, but fled the district. In July 2018, Urena Vasquez was located and arrested in Florida on the state charges and returned to Massachusetts to face trial. In October 2018, he was indicted federally for unlawful reentry of a deported alien, and pleaded guilty in May 2019.
Urena Vasquez is currently being held without bail in the Essex County Superior Court.
United States Attorney Andrew E. Lelling; Essex District Attorney Jonathan W. Blodgett; and Todd Lyons, Acting Field Office Director, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), New England Field Office made the announcement today. Assistance was also provided by the U.S. Marshals Services’ Florida Regional Fugitive Task Force. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case
Louisiana Man Pleads Guilty in Business Email Compromise SchemeRead the Press Release
BOSTON – A Louisiana man pleaded guilty yesterday in connection with an international business email compromise scheme that defrauded companies of almost $900,000.
Larry Brown Jr., 37, of Lafayette, La., pleaded guilty during a videoconference hearing to conspiracy to commit wire fraud. U.S. District Court Judge Denise J. Casper has not yet scheduled a sentencing date. In April 2019, Brown was charged with co-defendant Paul M. Iwuanyanwu, 39, of Medfield.
Brown and, allegedly, Iwuanyanwu worked with others who breached the email systems of companies and installed unauthorized computer programs that diverted company emails to accounts controlled by the conspirators. As a result, emails sent by or to the companies were first routed through the email accounts where conspirators could view the messages. Conspirators also had the ability to send and respond to emails as if they were representatives of the companies.
It is alleged that conspirators used this unauthorized access to companies’ email accounts to cause the companies to redirect payments intended for legitimate business operations to bank accounts controlled by Brown and Iwuanyanwu.
The charge of wire fraud and conspiracy to commit wire 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. 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 S. Shea, Acting Special Agent in Charge of the Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom, of Lelling’s Securities & Financial Fraud Unit, and Carol Head, of Lelling’s Asset Recovery Unit, are 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.
Dominican National Pleads Guilty to Fentanyl ConspiracyRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence pleaded guilty today in connection with distributing fentanyl.
Angel Rivera-Valle, a/k/a Jose Antonio Serrano, 31, 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. U.S. Senior District Court Judge Richard G. Stearns scheduled sentencing for Aug. 24, 2020. Rivera-Valle will face deportation proceedings upon completion of his sentence.
Rivera-Valle has been in custody since his arrest along 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.
The charges of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and distribution and possession with intent to distribute 40 grams or more of fentanyl both carry 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 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 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.
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.
Dominican National Sentenced for Identity TheftRead the Press Release
BOSTON – A Dominican national previously residing in Dorchester was sentenced today in connection with using the identity of a U.S. citizen.
Wandil Mejia Jimenez, 31, was sentenced during a videoconference hearing before U.S. District Court Judge Denise J. Casper to time served (approximately 12 months). Mejia Jimenez now faces deportation proceedings. In January 2020, Mejia Jimenez pleaded guilty to one count of false representation of a Social Security number. He was arrested in June 2019 and has been detained since that time.
Beginning in 2014, Mejia Jimenez used the name and identifiers of a U.S. citizen to apply for a Massachusetts driver’s license and other identification documents from the Massachusetts Registry of Motor Vehicles. Mejia Jimenez also opened bank accounts, including bank accounts that were closed with negative balances, and was arrested for cocaine trafficking under this citizen’s name. Around the time of his arrest, police seized a Dominican Republic passport in Mejia Jimenez’s true name.
United States Attorney Andrew E. Lelling; Michael S. Shea , Acting Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Valuable assistance was provided by the U.S. Marshals Service for the District of Massachusetts and the Office of Massachusetts Auditor Suzanne Bump. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, prosecuted the case.
Dominican National Convicted and Sentenced for Unlawful ReentryRead the Press Release
BOSTON – A Dominical national who previously resided in Providence, RI, pleaded guilty and was sentenced today in federal court in Boston with one count of unlawful re-entry of a deported alien.
Reymond Arias Valdez, 26, pleaded guilty to unlawfully re-entering the United States after being deported and was sentenced during a videoconference hearing before U.S. Senior District Court Judge George A. O’Toole Jr. to time served and one year of supervised release. Arias Valdez will be subject to a deportation.
Arias Valdez was arrested in Norwood in December 2018 for fentanyl trafficking, and was subsequently deported to the Dominican Republic in April 2019. Arias Valdez later re-entered the United States and was arrested in Wrentham in September 2019 on charges of distributing heroin/fentanyl. A fingerprint analysis confirmed that Arias Valdez – the person arrested in Wrentham in September 2019 – was the same person who had previously been arrested and removed.
United States Attorney Andrew E. Lelling and Todd Lyons, Acting Field Office Director, U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), New England Field Office made the announcement today. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit prosecuted the case
Former UCLA Soccer Coach Agrees to Plead Guilty in College Admissions CaseRead the Press Release
BOSTON – The former men’s soccer coach at the University of California – Los Angeles (UCLA), has agreed to plead guilty in connection with his involvement in a scheme to use bribery and fraud to facilitate the admission of applicants to UCLA.
Jorge Salcedo, 47, of Los Angeles, Calif., will plead guilty to one count of conspiracy to commit racketeering. A plea hearing has not yet been scheduled. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the sentencing guidelines, one year of supervised release, a fine, forfeiture in the amount of $200,000 and restitution.
In 2016, Salcedo agreed with William “Rick” Singer, Ali Khosroshahin – a former head coach of women’s soccer at the University of Southern California – and others to facilitate the admission of the daughter of Davina and Bruce Isackson to UCLA as a purported women’s soccer recruit. For his part in the deal, Salcedo received $100,000 of the $250,000 that the Isacksons paid Singer.
In 2018, Salcedo agreed with Singer and Khosroshahin to “recruit” the son of Xiaoning Sui, another client of Singer’s, to the UCLA men’s soccer team. Sui’s son did not play soccer competitively. In exchange for the recruitment, Salcedo accepted a $100,000 bribe from Singer. Sui paid Singer $400,000.
Singer, Khosroshahin, Davina and Bruce Isackson, and Sui have all pleaded guilty for their roles in the offense.
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 racketeering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
BOSTON – U.S. Attorney Andrew Lelling joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services. This year’s observance takes place April 19-25 and features the theme, “Seek Justice | Ensure Victims’ Rights | Inspire Hope.”
“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”
“We recognize that upholding crime victims’ rights helps bring justice to those harmed,” said United States Attorney Andrew E. Lelling. “This week, we honor victims of crime and those who advocate on their behalf. We are grateful for the collaboration of our victim assistance and community-based partners, and our law enforcement, prosecutorial, corrections and supervision partners, who work with us to ensure victims’ rights are part of our daily practices.”
“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims’ rights, needs, and concerns in a prominent spot on the American agenda. He also established the President’s Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns. In addition, the Justice Department’s annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.
This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which has been used to provide direct services to hundreds of victims of mass violence and terrorism.
Springfield Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Springfield man was sentenced today for failing to register as a sex offender.
Alberto Ayala, 60, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (approximately 6.5 months) and five years of supervised release. In December 2019, Ayala pleaded guilty to one count of failure to register as a sex offender. Ayala was indicted in February 2019, and has been in custody since his arrest on Sept. 26, 2018, for violating his conditions of parole in another criminal case.
Ayala was convicted in New Jersey of sexual assault in 2006. While in New Jersey from 2011 to 2016, Ayala received, and complied with, many notices of his obligation to register as a sex offender. On Nov. 14, 2016, while Ayala was under parole supervision for the original sex offense, he submitted his last registration as a sex offender and vacated his address in New Jersey without advising his parole officer. Soon thereafter, a New Jersey parole warrant was issued for his arrest.
Ayala subsequently moved to Massachusetts, living in the Boston area in the summer of 2017 and in Springfield beginning in April 2018. Ayala never registered as a sex offender in Massachusetts, and was arrested in Springfield on Sept. 26, 2018.
United States Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Alex J. Grant, of Lelling’s Springfield Branch Office, prosecuted 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.
U.S. Attorney Urges Health Care Sector to Report Fraud Related to the COVID-19 PandemicRead the Press Release
BOSTON – As part of the comprehensive federal response to the COVID-19 outbreak, United States Attorney Andrew E. Lelling is urging leadership at Massachusetts hospitals to report individuals and companies that may be engaged in wrongdoing related to the COVID-19 pandemic.
In a letter to leadership at Massachusetts hospitals, U.S. Attorney Lelling encouraged health care facilities to report to federal authorities individuals and companies that may have acquired vital medical supplies in excess of what they would reasonably use, or for the purpose of charging exorbitant prices. This includes 15 categories of health and medical supplies designated by the Secretary of Health and Human Services (HHS) as “scarce,” thus triggering civil and criminal enforcement remedies that the U.S. Attorney’s Office will pursue. In addition, the U.S. Attorney’s Office will investigate any other fraudulent conduct designed to benefit from the pandemic (e.g., false treatments, tests, and/or vaccinations for COVID-19).
“In light of the COVID-19 pandemic, my office is prioritizing the investigation and prosecution of wrongdoing related to the COVID-19 pandemic, including those engaged in hoarding and/or price-gouging with regard to critical medical supplies,” said United States Attorney Lelling. “These practices are not only morally repugnant in light of the pandemic but also, if left unchecked, will inhibit hospitals, physicians, other health care professionals, and government agencies from fully implementing measures designed to save lives and mitigate the spread of the novel coronavirus.”
U.S. Attorney Lelling named Amanda Strachan, Chief of the Health Care Fraud Unit, as the COVID-19 Fraud Coordinator for the District of Massachusetts.
Massachusetts residents who believe they are victims of fraud or other criminal activity related to the pandemic should contact the United States Attorney’s Office at [email protected] or call 1-888-221-6023 and leave a message. Members of the public can also contact the FBI’s Internet Crime Complaint Center (IC3) by visiting www.IC3.gov. If you or someone you know are in immediate danger, please call 911.
Dominican National Sentenced for Identity Theft and Stealing MassHealth BenefitsRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence was sentenced yesterday for Social Security fraud, aggravated identity theft and benefit fraud.
Jose Miguel Baez, 43, was sentenced via videoconference by U.S. District Court Judge William G. Young to two years and one day in prison and two years of supervised release. The defendant also was ordered to pay restitution of approximately $17,198 to MassHealth, the Massachusetts Department of Unemployment Assistance and various other utility and medical providers. Baez will be subject to deportation proceedings upon completion of his sentence. In December 2019, Baez pleaded guilty to one count each of false representation of a Social Security Number, aggravated identity theft and false statements in matters relating to health care.
On Aug. 7, 2017, Baez applied for and obtained a Massachusetts driver’s license in the identity of a Puerto Rican born United States citizen. Eight days later, Baez applied for MassHealth using the victim’s identity and obtained $3,727 in MassHealth benefits. Baez also used the victim’s identity in other instances, including to collect unemployment benefits and for utility and medical bills, which Baez defaulted on. Baez use of the identity resulted in a total loss of at least $17,194 to utility companies, medical providers, MassHealth and the state unemployment agency.
When Baez was arrested in April 2019, agents recovered the Massachusetts driver’s license issued to him in the fraudulent identity and a copy of his Dominican identification document in his true name bearing his photo. Baez was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigation, New York Regional Office; and Phillip Coyne, Special Agent in Charge of Department of Health and Human Services, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Criminal Division prosecuted the case.
Salvadoran National Sentenced for Passport FraudRead the Press Release
Boston – A Salvadoran national previously residing in Chelsea was sentenced today for passport fraud.
Eliseo Rivas, 47, was sentenced in a videoconference hearing before U.S. District Court Judge Patti B. Saris to three months in prison and three years of supervised release. Rivas will face deportation upon completion of his state and federal sentence. Rivas is currently serving a seven-year state sentence in Maryland for a September 2018 conviction of sexual abuse of a minor. In March 2020, Rivas pleaded guilty to making a false statement in a passport application.
On Sept. 30, 2016, Rivas submitted an application for a U.S. Passport using the name, Social Security number, and date of birth of a United States citizen. As proof of citizenship and identity, Rivas submitted a Puerto Rican birth certificate in the victim’s name and a Massachusetts Identification Card in the victim’s name but with Rivas’s photo. After reviewing the application, the Boston Passport Agency forwarded the application to federal authorities for investigation.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
East Longmeadow Man Charged with Attempted Arson at Longmeadow Assisted Living Residential FacilityRead the Press Release
BOSTON – An East Longmeadow man was arrested today and charged in connection with attempted arson at a Longmeadow assisted living residential facility.
John Michael Rathbun, 36, was charged in a criminal complaint in federal court in Springfield with two counts of attempted arson. Rathbun will make an initial appearance via videoconference before Magistrate Judge Katherine Robertson.
“In times of national crisis, hatred based on religion often blossoms into violence,” said United States Attorney Andrew E. Lelling. “The charges in this case allege that the defendant tried to blow up a Jewish assisted living residence with a five gallon gas canister, at the same time that the facility was being discussed on white supremacist online platforms. We will find, investigate and aggressively prosecute anyone engaged in this kind of mayhem. I also extend my thanks to the Longmeadow Police Department for its help with this investigation.”
“As alleged, John Rathbun placed a homemade incendiary device near the entrance of a Jewish assisted living facility, located within a short distance of three Jewish temples, a Jewish private school, and a Jewish Community Center,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This case highlights the very real threat posed by racially motivated violent extremists and make no mistake, the FBI will use every investigative tool available, along with the expertise and skills of our partners on our Joint Terrorism Task Forces, to identify, assess and disrupt threats like this one to keep our communities safe.”
According to the criminal complaint, on April 2, 2020, police discovered a homemade incendiary device at the entrance of Ruth’s House, a Jewish-sponsored assisted living residential facility for seniors of all faiths, located on Converse Street in Longmeadow. The device was located within feet of a widely used pedestrian walkway and approximately 50 yards from the Ruth’s House facility. Ruth’s House is located within one square mile of several other Jewish facilities, including three Jewish temples, a Jewish private school and a Jewish Community Center.
It is alleged that the incendiary device consisted of a five-gallon plastic Scepter gas canister, filled with liquid believed to be flammable gasoline, with burnt paper (later identified as a Christian religious pamphlet) placed in the nozzle of the canister. A portion of the pamphlet was charred and appeared to have been lit on fire in an attempt to ignite the gas. Law enforcement observed what appeared to be blood stains on the canister handle and on the pamphlet. On or about April 9, 2020, it was determined that samples of the stains on the canister and the pamphlet were linked to Rathbun’s DNA profile.
In March 2020, a white supremacist organization that operated on two social media platforms was identified by law enforcement. On these platforms, users promoted mass killings in the United States and elsewhere directed against religious, racial and ethnic minorities; discussed plans to engage in these crimes themselves; discussed using various explosive and incendiary devices, including improvised devices commonly known as “Molotov cocktails”; and identified targets, such as mosques and synagogues.
On or about March 4, 2020, a user on the first social media platform specified two choices for mass killings, including “that jew nursing home in longmeadow massachusetts.” The organization’s form on the second platform included a calendar in which users could create events that listed the dates, times, and locations; invite other users to attend the event; and communicate concerning the event. The calendar listed the following entries: April 2, 2020 - “hating niggers day”; and April 3, 2020 - “jew killing day.” The calendar entry for “jew killing day” listed the event location as “Jew Nursery Home” without a specifying address. It is alleged that the user who identified the Jewish nursing home in Longmeadow, and the user who created the April 3 calendar entry, are likely the same individual.
Anyone with questions or information about this case can contact the U.S. Attorney’s Office at 888-221-6023.
The charge of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce provides for a mandatory minimum sentence of five years and a maximum of 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling and FBI Boston SAC Bonavolonta made the announcement today. The investigation was led by the FBI’s Western Massachusetts Joint Terrorism Task Force with valuable assistance also provided by the Longmeadow and East Longmeadow Police Departments and the Massachusetts State Police. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.
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.
Dominican National Charged with Illegal ReentryRead the Press Release
BOSTON – A Dominican national who previously resided in Lawrence was arrested yesterday and charged with illegal reentry.
Daniel Araujo Guerrero, 41, was charged in a criminal complaint unsealed yesterday with illegal reentry into the United States after deportation. Araujo Guerreo appeared yesterday afternoon via teleconference before Magistrate Judge M. Page Kelly, who ordered him detained pending a detention hearing scheduled for April 17, 2020.
According to the criminal complaint, in January 2016, Araujo Guerreo was convicted in federal court in Boston of identity theft and sentenced to 14 months in prison. On July 5, 2016, Araujo Guerreo was deported to the Dominican Republic.
It is alleged that, at some point, Araujo Guerreo returned to the United States. On Feb. 23, 2018, Araujo Guerreo was arrested in Lawrence on warrants for a variety of crimes including assault and battery with a dangerous weapon and drug conspiracy. He was held in custody at the Essex County House of Corrections until yesterday when he was transferred to the custody of immigration officers.
United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Assistant U.S. Attorney David Tobin 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.
Brockton Man Pleads Guilty to Being Felon in Possession of FirearmRead the Press Release
BOSTON – A Brockton man pleaded guilty today to being a felon in possession of a firearm.
Clive McFarlane, 36, pleaded guilty during a videoconference hearing before U.S. District Court Judge Allison D. Burroughs to one count of being a felon in possession of a firearm. Sentencing is scheduled for April 30, 2020. McFarlane was charged in September 2019.
On Aug. 27, 2019, McFarlane was found in possession of a Rohm Gesellschaft .25 caliber revolver, one round of Remington .25 caliber ammunition and seven rounds of Cascade Cartridges .25 caliber ammunition. McFarlane had previously been convicted of being a felon in possession of a firearm and other crimes punishable by more than a year in jail and therefore was prohibited from possessing firearms.
The charging statute provides for a sentence of up to 10 years in prison, up to 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Plymouth County District Attorney Timothy J. Cruz; and Brockton Police Chief Emanuel Gomes made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Criminal Division is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
VA Employee Agrees to Plead Guilty to Embezzling $70,000 Using Mobile Payment ApplicationRead the Press Release
BOSTON – A Department of Veteran Affairs (VA) employee has agreed to plead guilty to embezzling nearly $70,000 in VA funds.
Michael Donaher, 41, of Lakeville, was charged with one count of embezzlement and theft of public money, property or records. He has agreed, as part of a plea agreement, to reimburse the government for the funds he stole. A plea hearing has not yet been scheduled. Donaher was arrested in January on a criminal complaint.
Donaher worked as an Inventory Management Specialist for the Veterans Affairs Medical Facility in Brockton and was responsible for purchasing various equipment necessary for use in the facility. Donaher conducted fraudulent transactions using his government-issued purchase cards and routed the proceeds to his personal bank account. Donaher attempted to conceal these fraudulent purchases by making it appear as if the purchases were made through a large company – FW Webb – that the VA frequently used for legitimate business, when, in fact, they were actually made through a company Donaher created through Square, Inc., a mobile payment company. These purchases were not for actual items ever received by the VA. Furthermore, Donaher attempted to hide this fact by annotating the items as having been received within the VA’s accountability system. Donaher fraudulently routed approximately $70,000 of VA funds to his personal account since the scheme began in 2016.
The charging statute provides 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 Jeffrey Stachowiak, Acting Special Agent in Charge of the Department of Veteran Affairs, Office of the Inspector General, Northeast Field Office made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
Federal Investigation into Conditions at a Nursing Home for Veterans in Massachusetts AnnouncedRead the Press Release
BOSTON – The United States Attorney’s Office for the District of Massachusetts and the Department of Justice’s Civil Rights Division have opened an investigation into the Soldiers’ Home in Holyoke to examine whether the Soldiers’ Home violated the rights of residents by failing to provide them adequate medical care generally, and during the coronavirus pandemic.
The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA) which gives the Department the authority to investigate violations of the U.S. Constitution and federal law that result from a “pattern or practice of resistance to the full enjoyment of such rights” in state-run institutions, including nursing facilities. The federal civil investigation will be separate from any state or independent investigation.
“It would be difficult to overstate our obligation to the health and well-being of elderly and disabled military veterans and, by extension, to their families. The federal Civil Rights of Institutionalized Persons Act specifically protects the rights of those confined in state facilities like the Holyoke Soldiers’ Home,” said U.S. Attorney Andrew Lelling. “We will aggressively investigate recent events at the Home and, as needed, require the Commonwealth to adopt reforms to ensure patient safety in the future. My condolences to the families of those veterans who died while in the Home’s care; we will get to the bottom of what happened here.”
“Our hearts go out to the families of the veterans who passed away,” said Eric Dreiband, Assistant Attorney General for Civil Rights. “We owe it to the veterans, their families, and the public to investigate the facts, determine what happened, ensure compliance with the Civil Rights of Institutionalized Persons Act, and protect those veterans who continue to reside at the Soldiers’ Home.”
The Civil Rights Unit at the U.S. Attorney’s Office for the District of Massachusetts and the Justice Department’s Civil Rights Division’s Special Litigation Section are jointly conducting the investigation. Residents of Soldiers’ Home and families are encouraged to contact the Department via phone at 1-888-221-6023 or by email at [email protected].
For more information regarding the case, please visit: https://www.justice.gov/usao-ma/federal-investigation-soldiers-home-holyoke
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt. The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/USAO-ma/civil-rights.
Federal Investigation into Conditions at a Nursing Home for Veterans in Massachusetts AnnouncedRead the Press Release
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts have opened an investigation into the Soldiers’ Home in Holyoke to examine whether the Soldiers’ Home violated the rights of residents by failing to provide them adequate medical care generally, and during, the coronavirus pandemic.
The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA) which gives the department the authority to investigate violations of the U.S. Constitution and federal law that result from a “pattern or practice of resistance to the full enjoyment of such rights” in state-run institutions, including nursing facilities. The federal civil investigation will be separate from any state or independent investigation.
“Our hearts go out to the families of the veterans who passed away,” said Eric Dreiband, Assistant Attorney General for Civil Rights. “We owe it to the veterans, their families, and the public to investigate the facts, determine what happened, ensure compliance with the Civil Rights of Institutionalized Persons Act, and protect those veterans who continue to reside at the Soldiers’ Home.”
“It would be difficult to overstate our obligation to the health and well-being of elderly and disabled military veterans and, by extension, to their families. The federal Civil Rights of Institutionalized Persons Act specifically protects the rights of those confined in state facilities like the Holyoke Soldiers’ Home,” said U.S. Attorney Andrew Lelling. “We will aggressively investigate recent events at the Home and, as needed, require the Commonwealth to adopt reforms to ensure patient safety in the future. My condolences to the families of those veterans who died while in the Home’s care; we will get to the bottom of what happened here.”The Civil Rights Division’s Special Litigation Section and the Civil Rights Unit at the United States Attorney’s Office for the District of Massachusetts are jointly conducting the investigation. Residents of Soldiers’ Home and families are encouraged to contact the department via phone at 1-888-221-6023 or by email at [email protected].
Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt. The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/USAO-ma/civil-rights.
Dominican National Sentenced for Aggravated Identity TheftRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence was sentenced today for aggravated identify theft and falsely using a Social Security Number.
Moices Santilit, 63, was sentenced by U.S. District Court Judge Indira Talwani to two years and one day in prison and two years of supervised release. In March 2020, he pleaded guilty to one count of aggravated identity theft and one count of using a Social Security number that is not assigned to him.
In February 2016, Santilit used the Social Security number of a U.S. citizen in order to fraudulently obtain a valid Massachusetts Asbestos Worker Identification card under the victim’s name.
United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit prosecuted the case.
Virginia Man Charged with Filing False Loan Application Using Stolen IdentityRead the Press Release
BOSTON – A Virginia man currently on federal supervised release for a previous conviction was charged yesterday in federal court in Worcester in connection with making a false statement on a loan application and aggravated identity theft.
Rashad Al-Terek Walker, 39, of Hampton, Va., was charged with making a false statement on a loan application and aggravated identity theft. Walker was detained following an initial appearance via videoconference.
According to the charging documents, in November 2019, Walker applied for a personal loan in the amount of $16,500 at a Worcester-area credit union using a stolen identity. As part of the loan application, Walker presented a utility bill, paystub and Massachusetts driver’s license using a stolen identity. At the time of the alleged offense, Walker was on supervised release following a conviction in the Eastern District of Virginia for conspiracy to commit bank fraud.
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. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office 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.
Dominican National Sentenced for False Identity CrimeRead the Press Release
Boston – A Dominican national formerly residing in Methuen was sentenced today for falsely representing a Social Security number as his own.
Francisco Antonio Sanchez Bernabe, 50, was sentenced by U.S. District Court Judge Leo T. Sorokin to time served (approximately one year), one year of supervised release and ordered removed to the Dominican Republic. In December 2019, Sanchez Bernabe pleaded guilty to false representation of a Social Security number. He has been in federal custody since his arrest on the charges on April 18, 2019.
On Oct. 25, 2018, Sanchez Bernabe falsely represented that a Social Security number was his in an application for a driver’s license at the Massachusetts Registry of Motor Vehicles. In connection with the application, Sanchez Bernabe provided various documents, including a birth certificate and Social Security card, in order to obtain the license.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Major Crimes Unit prosecuted the case.
Dominican National Pleads Guilty and is Sentenced for False Identity CrimeRead the Press Release
BOSTON – A Dominican national pleaded guilty and was sentenced in federal court yesterday for fraudulent use of a Social Security number.
Jairo Samuel Andujar Ruiz, 27, formerly of Lawrence, pleaded guilty to one count of false representation of a Social Security number. After accepting Andujar Ruiz’s guilty plea, U.S. District Court Judge Indira Talwani sentenced him to time served, approximately 7 ½ months, to be followed by one year of supervised release. Andujar Ruiz is also subject to deportation proceedings.
On Oct. 30, 2018, Andujar Ruiz used the Social Security number of a U.S. citizen to fraudulently obtain a valid Massachusetts state identification card under the victim’s name. In order to obtain a Massachusetts ID card, Andujar Ruiz fraudulently provided various documents to the Massachusetts Registry of Motor Vehicles in Haverhill including a Social Security card, bearing the victim’s name. In addition, Andujar Ruiz obtained a Massachusetts driver’s license in the victim’s name.
United States Attorney Andrew E. Lelling and Jason Molina, 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 prosecuted the case.
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Dominican National Charged with Unlawful Reentry Following Alleged Involvement in Overdose DeathRead the Press Release
BOSTON – A Dominical national was arrested and charged today with one count of unlawful re-entry of a deported alien.
Joel Perez Matos, 35, who resided in Boston, was charged with unlawfully re-entering the United States after being deported. According to the charging documents, Perez Matos unlawfully re-entered the United States after being deported in December 2019. Perez Matos had previously been removed in February 2016, and had unlawfully returned to the United States later that year. Following his appearance in federal court today, Perez Matos was detained.
According to court documents, on March 22, 2020, within a few months of having been removed from the United States, Perez Matos was arrested by the Stow Police Department and charged with a heroin-related offense. At the time of his arrest, Perez Matos was in possession of a cell phone that had allegedly 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 10 years in prison, up to three years of supervised release and a fine of up to $250,000. United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting 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
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.
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Salvadoran National Pleads Guilty and is Sentenced for Illegal Reentry after DeportationRead the Press Release
BOSTON – A Salvadoran national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Following the acceptance of his plea, U.S. District Court Judge Indira Talwani sentenced Oscar Armand Mejia, 42, of Lynn, to a sentence of “time-served,” approximately 6 weeks’ imprisonment. Following the sentencing hearing, Mejia will be transferred to ICE custody and be placed into removal proceedings.
According to court records, Mejia was arrested in 2008 by the Brockton Police and charged with assault and battery and drunk driving. Mejia was later convicted and ordered to serve a sentence of 90 days. After completing his sentence in Nov. 4, 2008, he was placed into removal proceedings and deported to El Salvador. Sometime after his removal, Mejia illegally reentered the United States, was subsequently arrested by the Stoughton Police, and charged with drunk driving. Mejia appeared in state court, posted bail and was released. ICE was not contacted at that time. Mejia later defaulted in state court by failing to appear and a warrant was issued for his arrest. On Feb. 24, 2020, ICE located and arrested Mejia.
United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
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Parent Sentenced to Prison in College Admissions CaseRead the Press Release
BOSTON – A California woman was sentenced today for agreeing to pay more than $500,000 to participate in the college admissions scheme for her two children.
Elizabeth Henriquez, 57, of Atherton, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to seven months in prison, two years of supervised release and ordered to pay a fine of $200,000. She was also ordered to conduct 300 hours of community service. Henriquez must self-surrender to the Bureau of Prisons on June 30, 2020.
In October 2019, Henriquez pleaded guilty to an indictment charging her with one count of conspiracy to commit mail and wire fraud and honest services mail and wire fraud and one count of conspiracy to commit money laundering.
Beginning in 2015, Henriquez conspired with William “Rick” Singer and others to secure her children’s admission to selective colleges and universities through bribery and fraud. In June 2015, Henriquez paid Singer to have a corrupt proctor correct her older daughter’s answers on the SAT II subject tests. In October 2015, Henriquez again paid Singer to have a third party correct her older daughter’s answer on the SAT exam. Henriquez also pursued exam cheating through Singer on three additional occasions in 2016 and 2017, once in Houston, Texas and twice in Los Angeles, California.
Henriquez also paid Singer $400,000 to facilitate her daughter’s admission to Georgetown University as a purported tennis recruit, even though she did not play tennis competitively. Henriquez understood that the payment, structured as a donation to Singer’s purported charitable organization, would be passed on to the university’s tennis program in exchange for the complicit coach’s agreement to recruit her daughter based on fabricated tennis credentials. After Henriquez’s daughter was admitted to Georgetown, Singer instead paid a portion of the $400,000 to the tennis coach for his personal use.
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; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
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.
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Dorchester Man, Previously Indicted on Sex Trafficking Charges, Charged with Witness Tampering and Obstruction of JusticeRead the Press Release
BOSTON – A Dorchester man has been charged in federal court in Boston with witness tampering and obstructing justice.
Bruce “Arki” Brown, 41, was charged today by criminal complaint with witness tampering and obstruction of justice. Brown was previously charged federally with sex trafficking and is currently in jail awaiting trial.
According to the charging document, Brown used coded language in recorded jail calls and directed his three co-conspirators to assist him with contacting victims and witnesses in an attempt to influence their testimony related to the pending charges against him. Brown dubbed this scheme “Plan B.”
Brown was previously indicted on Feb. 13, 2020, with four counts of sex trafficking by force, fraud, or coercion; one count of sex trafficking of a minor by force, fraud and coercion; one count of transportation of a minor for purposes of prostitution; and one count of conspiracy to commit sex trafficking. According to the indictment, Brown engaged in the sex trafficking of four victims over a 15 year period beginning in June 2004 through approximately July 2019.
The charge of obstruction of justice carries a maximum penalty of up to years in prison, three years of supervised release and a fine up to $250,000. Witness tampering carries a maximum penalty of up to of 20 years in prison, three years of supervised release and a fine up to $250,000 or twice the gross gain or loss from the crime, 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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Boston Police Department and Newton Police Department also provided valuable assistance in the investigation.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Dominican National Pleads Guilty and is Sentenced on Charges of Illegal Reentry after DeportationRead the Press Release
BOSTON –A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Jhonny Dume-Patrocinio, 39, of Barnstable, pleaded guilty before U.S. District Court Judge Allison D. Burroughs who sentenced Dume-Patrocinio to “time-served,” approximately one month, to be followed by one year of supervised release. Dume-Patrocinio will be transferred into ICE custody and be placed into removal proceedings.
In May 2013, Dume-Patrocinio was encountered by ICE agents in Boston and determined to be illegally present in the United States. He was placed into removal proceedings and, on Oct. 1, 2013, deported to the Dominican Republic. Sometime after his removal, Dume-Patrocinio illegally reentered the United States, was arrested in Lynn and charged with distribution of heroin. Dume-Patrocinio appeared in Lynn District Court and posted bail. Immigration authorities were not notified that Dume-Patrocinio was released, despite a detainer being lodged. According to court records, Dume-Patrocinio failed to appear for a Nov. 8, 2017 pre-trial hearing in Lynn District Court. In February 2020, immigration authorities located and arrested Dume-Patrocinio, charging him with illegal reentry after deportation.
On the charge of illegal reentry after deportation, Dume-Patrocinio faces up to two years in prison to be followed by one year of supervised release. Dume-Patrocinio will also be subject to deportation following any sentence imposed.
United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
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Ecuadorian National Sentenced for Illegal Reentry after DeportationRead the Press Release
BOSTON – An Ecuadorian national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Luis Ricardo Aucacama-Calle was sentenced by Chief U.S. District Court Judge F. Dennis Saylor IV to “time-served” (approximately 13 months) to be followed by one year of supervised release. Aucacama-Calle, who pleaded guilty in November 2019, is now subject to removal proceedings.
In February 2019, Aucacama-Calle was encountered by immigration officials at the Barnstable House of Corrections. At that time, Aucacama-Calle was serving a one year sentence imposed by the Barnstable District Court for operating under the influence of alcohol. Aucacama-Calle was interviewed, admitted his alienage and two previous removals (2015 and 2016). His fingerprints were obtained to confirm his identity. Upon completion of his state sentence, Aucacama-Calle was transferred into federal custody where he has remained.
United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
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Haverhill Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
BOSTON – A Haverhill man was sentenced yesterday in federal court in Boston to being a felon in possession of a firearm.
Kadeem Pimentel, age 25, was sentenced before the U.S. District Court Judge Patti B. Saris to 26 months in prison to be followed by three years of supervised release. Pimentel pleaded guilty on September 25, 2019, to being a felon in possession of a firearm.
Pimentel was found to be in possession of two shotguns on Aug. 30, 2018, one of which was a sawed-off shotgun. The firearms were found and seized during the execution of a search warrant after the sawed-off shotgun had been accidentally discharged by Pimentel in a vehicle at his residence. Pimentel accidentally discharged the sawed-off shotgun while he was in the vehicle with other individuals.
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 Chief Allen R. DeNaro of the Haverhill Police Department made the announcement today. Assistant U.S. Attorney Michael Crowley of Lelling’s Organized Crime and Gang Unit prosecuted the case.
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Clinton Man Pleads Guilty to Food Stamp FraudRead the Press Release
BOSTON – A Clinton man pleaded guilty today in U.S. District Court in Worcester to food stamp fraud.
Thomas Laverty, 39, pleaded guilty to one count of theft of government funds and is scheduled to be sentenced on May 15, 2020 by U.S. District Court Judge Timothy S. Hillman. Co-defendant, Andrea Laverty, pleaded guilty and will be sentenced on drug and money laundering charges at a date to be determined. Another co-defendant, Charles Laverty, was convicted at trial but has since passed away, and his conviction has been vacated.
Laverty was convicted at trial in January 2020 of drug and money laundering charges arising from his role in a large-scale marijuana grow operation. Laverty received income from this marijuana business, but at the same time was receiving Supplemental Nutrition Assistance Program (“SNAP”) benefits. Eligibility for SNAP benefits is need-based, and is determined on the basis of a household’s income and resources. On pertinent paperwork provided to the Massachusetts Department of Transitional Assistance (which administers SNAP benefits in Massachusetts), Laverty made material misrepresentations regarding his income and living status. For example, in October 2016, Laverty represented that no one in his household was working, and in April 2017 he certified that there were no changes to his household income. During this time, Laverty was receiving income from the family marijuana business. Laverty also concealed the fact that he was living with his wife, who herself was receiving SNAP benefits but was using a different address than that of her actual residence.
Laverty was charged with the food stamp fraud at the same time he was indicted on drug and money laundering offenses, although the fraud count was severed from the other charges prior to trial. On the drug conspiracy charge, Laverty faces a sentence of between ten years and life in prison, a fine of $8,000,000, and a term of supervised release between 8 years and life. On the money laundering charge,
On the money laundering charges, Laverty faces up to 20 years in prison, three years of supervised release and a fine of $500,000. On the food stamp fraud count, Laverty faces up to 10 years in prison, up to 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Bill Abely and Phil Cheng of Lelling’s Criminal Division are prosecuting the case.
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U.S. Attorney Andrew E. Lelling Issues Stern Warning Regarding Scams and Other Crimes Related to the Covid-19 OutbreakRead the Press Release
“As our communities take extraordinary measures to confront the coronavirus outbreak, some may view this as an opportunity to prey on the public’s fears and anxieties. The Department of Justice is now focused on cybercrime, sale of counterfeit goods, treatment scams and other healthcare and investment scams arising from the pandemic. My office will aggressively prosecute anyone engaged in this kind of activity,” said U.S. Attorney Lelling.
“With the outbreak of COVID-19, scammers have found a platform that preys on people’s fears and could make them more likely to be victimized,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “We want you to avoid falling prey to these scams and help us stop them by reporting it at ic3.gov.”
Massachusetts residents who believe they are victims of fraud or other criminal activity related to the pandemic should contact the United States Attorney’s Office at [email protected] or call 1-888-221-6023 and leave a message. Members of the public can also contact the FBI’s Internet Crime Complaint Center (IC3) by visiting www.IC3.gov. If you or someone you know are in immediate danger, please call 911.
Federal Inmate Charged with Making ThreatsRead the Press Release
BOSTON – An inmate at the Federal Medical Center (FMC) Devens was charged today with making threats to murder a federal law enforcement officer and threats to kill an individual or damage or destroy a building using fire or explosive.
Nathan Danforth, 34, will appear in federal court in Worcester on March 26, 2020.
According to the charging documents, in July of 2019, Danforth allegedly attempted to mail a letter from FMC Devens to a federal court in Florida, threatening to kill the agents who previously investigated him and to cause an explosion at the courthouse. In February 2020, Danforth allegedly sent an email to the Department of Justice Office of Inspector General threatening that the President of the United States would die and federal buildings would be “blown up.”
Each charge provides for a sentence of up to 10 years in prison, up to 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 and Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. FMC Devens Special Investigation Section provided valuable assistance to the investigation. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Branch Office is prosecuting the case.
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.
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Dominican National Pleads Guilty to Aggravated Identity TheftRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to aggravated identify theft and to falsely using the Social Security Number of another.
Moices Santilit, 63, of Lawrence, pleaded guilty to one count of aggravated identity theft and one count of using a Social Security number that is not assigned to him. U.S. District Court Judge Indira Talwani scheduled sentencing for April 8, 2020 at 11:00.am.
In February 2016, Santilit used the Social Security number of a U.S. citizen in order to fraudulently obtain a valid Massachusetts Asbestos Worker Identification card under the victim’s name.
The statute for falsely representing the Social Security number of another provides for a maximum five years incarceration and three years supervised release. The charging statute for 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. Both statutes provide for 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 and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
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Five Men Charged in Violent KidnappingRead the Press Release
BOSTON – Five men from Cape Cod and Rhode Island were charged in a superseding indictment unsealed yesterday in federal court in Boston, on charges related to a violent kidnapping and witness retaliation and intimidation scheme.
Three individuals, Edwin Otero, 30, of Hyannis; Justin Joseph, 33, of Pawtucket, Rhode Island; and Anthony Basilici, 36, of Pawtucket, Rhode Island were previously arrested on the original indictment, and are all being detained pending trial. The superseding indictment also charges two additional individuals, Cameron Cartier, 26, who was arrested and detained on March 16, 2020, and Albert Lee a/k/a “Mook,” 29, who remains at large.
The unsealed indictment supersedes a July 2019 indictment, which originally charged 11 individuals from Cape Cod and Rhode Island with a heroin conspiracy and various firearm charges.
According to court documents, in April 2019, Otero, Joseph, Basilici, Cartier and Lee lured an unnamed victim from Massachusetts to Rhode Island, where they kidnapped and held him, stripped him naked, assaulted and threatened to rape him, and then took his clothing and cellular telephone. These same individuals also allegedly conspired to cause physical injury to the victim to retaliate against him because they believed he was cooperating with law enforcement. Otero and Basilici also allegedly further intimidated or attempted to intimidate other witnesses after the kidnapping.
The charge of kidnapping conspiracy provides for a sentence of up to life in prison, up to five years of supervised release and a fine of up to $250,000. The charges of witness intimidation and witness retaliation conspiracy provide for a sentence of no greater than 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 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 Field Division; Barnstable Police Chief Matthew K. Sonnabend; and Barnstable County Sheriff James M. Cummings, made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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