District of Massachusetts
Press releases recorded for this federal judicial district.
Taunton Man Indicted for Federal Drug and Firearm OffensesRead the Press Release
BOSTON – A Taunton man was indicted yesterday in federal court in Boston on firearm and drug charges.
Samael Mathieu, 23, was indicted on one count of possession of a firearm and ammunition while under indictment and one count of possession with intent to distribute a controlled substance.
According to court documents, on Oct. 1, 2019, Mathieu was arrested in Taunton in possession of approximately 30 grams of fentanyl, two 9mm semi-automatic handguns and 37 rounds of 9mm ammunition. Prior to this arrest, Mathieu was under indictment in Plymouth Superior Court for possession of a firearm and possession of a controlled substance.
The charge of possessing a firearm and ammunition while under indictment provides a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute a controlled substance provides a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Office; Bristol County District Attorney Thomas Quinn; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Taunton Police Chief Edward Walsh; and Fall River Police Chief Albert Dupere made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Provincetown Man Indicted for Distributing, Receiving and Possessing Child PornographyRead the Press Release
BOSTON – A Provincetown man was indicted today by a federal grand jury in Boston with distribution, receipt and possession of child pornography.
Kerry Adams, 59, was indicted on one count each of receipt of child pornography, possession of child pornography and distribution of child pornography. Adams was arrested and charged by criminal complaint in Oct. 17, 2018, and has been in federal custody since that time.
According to court documents, a federal search warrant was executed on Oct. 17, 2019 at Adams’s residence in Provincetown were multiple devices, including laptops, thumb drives and SD cards were located. During an initial on-scene forensic review of a laptop, hundreds of files in the computer’s peer-to-peer software program were located. At least a dozen of these files were found to contain child pornography, and three of the files contained videos depicting pre-pubescent boys engaging in sexual acts. These same three files had been previously downloaded from Adams’s IP address using the peer-to-peer software program to a law enforcement investigative computer. During a consensual interview, it is alleged that Adams initially denied that there would be pornography of 10-14 year-old-boys on his computer, but later admitted that 13-15 year-old-boys were once of sexual interest to him, but are not anymore.
Members of the public who have questions, concerns, or information regarding this case should call 617-748-3274.
The charges of distribution and receipt of child pornography each provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charging of possession of child pornography provides for a sentence of up to 20 years in prison. All three offenses carry a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Stephen Marks, Special Agent in Charge of U.S. Secret Service in Boston; and Barnstable Police Chief Matthew Sonnabend made the announcement today. Valuable assistance was provided by Provincetown Police Department and the Department of Homeland Security Investigations. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
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.
Framingham Man Sentenced for Unlawfully Selling FirearmsRead the Press Release
BOSTON – A Framingham man was sentenced on Tuesday, Nov. 12, 2019, for selling guns locally that were purchased in Pennsylvania.
Mitchell Daniells, 33, was sentenced by U.S. District Court Judge George A. O’Toole to 97 months in prison and three years of supervised release. In June 2019, Daniells was convicted by a federal jury of dealing in firearms without a license and unlawful possession of a firearm while felony charges were pending.
In January, February and March 2015, Daniells and a straw buyer acting at Daniells’ request, purchased firearms at several gun stores in Pennsylvania. Daniells transported the guns to Massachusetts, where he unlawfully sold them. Daniells obliterated many of the firearms’ serial numbers, but investigators were able to restore them, permitting the firearms to be traced back to the gun stores. While the government introduced evidence at trial that Daniells trafficked 10 guns in the three month time period, the jury also heard that he was selling guns for more than three years, since 2012.
Daniells sold the guns “on the street” to drug dealers and gang members, while other guns ended up in the hands of domestic abusers. For example, Demetrius Williams, a convicted leader of the Columbia Point street gang, was arrested with a gun that traced back to Daniells. Williams’s co-defendant, Benjamin Figeroa, also received a gun from Daniells. Most recently, police recovered a gun traced back to Daniells during a domestic abuse arrest in July 14, 2018.
Daniells was also convicted of possession of a Smith and Wesson 9mm pistol purchased for him by the straw buyer on March 27, 2015, and sold by Daniells to a government’s witness for $800 three days later.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement today. Assistant U.S. Attorneys Glenn Mackinlay and Timothy Moran of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Project Safe Neighborhoods (PSN) is 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.
Former Massachusetts Man Sentenced for Role in Trans-National Methamphetamine Trafficking RingRead the Press Release
BOSTON – A former Allston man was sentenced on Tuesday, Nov. 12, 2019, in federal court in Boston for his role in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.
Jesse Gillis, 32, previously of Allston and San Diego, Calif., was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to 72 months in prison and five years of supervised release. Gillis was also ordered to forfeit $500,000. In March 2018, Gillis pleaded guilty to conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine and conspiracy to launder monetary instruments.
In November 2016, Gillis, and 10 co-defendants were charged with various methamphetamine offenses relating to a transnational trafficking scheme. All 11 defendants have pleaded guilty, and 10 have been sentenced. From at least 2013 to November 2016, Gillis and others participated in a conspiracy to transport significant quantities of methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways.
Co-conspirator James Giannetta, 64, formerly of Canton, was the organizer of the conspiracy and was responsible for the distribution of approximately 200 pounds of methamphetamine sent from California to Massachusetts.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and Jared C. Dolan of Lelling’s Narcotics & Money Laundering Unit prosecuted the case.
The investigation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
Greenfield Woman Sentenced for Conspiracy to Hide $486,000 from Federally Insured Financial InstitutionRead the Press Release
BOSTON – A Greenfield woman was sentenced yesterday in federal court in Springfield in connection with concealing nearly half a million dollars from a federally insured financial institution.
Marlene Borer, 68, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (one day) in prison and two years of supervised release. In September 2018, Borer pleaded guilty to one count of conspiracy to make false statements to a federally insured financial institution and one count of false statements to a federally insured financial institution.
In August 2011, Borer’s brother, Jeffrey Borer, and his then-wife owed Wells Fargo Bank approximately $1.32 million in outstanding loans. In March 2012, Borer, who was acting as her brother’s bookkeeper, received approximately $1.1 million, which related to a judgment from a Honduran court, into her Massachusetts bank account. $486,000 of the $1.1 million judgment belonged to Jeffrey Borer and his then-wife. A few days after Marlene Borer received the money, her brother e-mailed her to “keep [the] bulk” of their funds in her account because “Wells Fargo might be conducting an asset search on us to try and recover the judgments. Just transfer what is needed to pay bills as they arrive.” Marlene Borer distributed their funds from her account as he requested.
On or about May 24, 2012, Marlene Borer prepared a false personal financial statement for Jeffrey Borer and his then-wife, stating that they only had $4,200 in the bank. Jeffrey Borer provided the personal financial statement to Wells Fargo, which relied upon it to negotiate their debt. On Oct. 31, 2012, Jeffrey Borer and his then-wife executed a settlement agreement with the bank, in which Wells Fargo agreed to forgive their personal obligations in exchange for a payment of $50,000.
In October 2019, Jeffrey Borer was sentenced to 10 months in prison.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office prosecuted the case.
Former Real Estate Executive Sentenced to Six Months in Prison in College Admissions CaseRead the Press Release
BOSTON – A former real estate executive was sentenced today in federal court in Boston in connection with paying bribes to facilitate the admission of his children to the University of Southern California (USC) as purported athletic recruits.
Toby Macfarlane, 56, of Del Mar, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six months in prison, two years of supervised release, 200 hours of community service and ordered to pay a fine of $150,000. In June 2019, Macfarlane pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.
Macfarlane agreed to pay $450,000 to facilitate the admission of his children to USC as purported athletic recruits. In October 2013, co-conspirators Ali Khosroshahin and Laura Janke, who at the time coached the USC women’s soccer team, agreed to “recruit” Macfarlane’s daughter to the women’s soccer team. As part of the recruitment process, Khosroshahin and Janke created a falsified athletic profile for Macfarlane’s daughter. The falsified profile, which, among other things, described her as a “US Club Soccer All American” was submitted to the USC subcommittee for athletic admissions. In March 2014, Macfarlane’s daughter received a formal acceptance letter from USC. Macfarlane subsequently issued a $200,000 check to The Key, Singer’s for-profit business, with “Real Estate Consulting & Analysis” written in the memo line. Ten days later, Singer caused The Key to issue a $100,000 payment to a private soccer club controlled by Khosroshahin and Janke.
In November 2016, Macfarlane re-engaged Singer to pursue the scheme for his son. Janke created a falsified basketball profile for Macfarlane’s son. Donna Heinel, the senior athletic director at USC, presented Macfarlane’s son to the USC subcommittee for athletic admissions. In February 2017, Macfarlane’s son received a conditional acceptance letter from USC. Macfarlane subsequently issued a $50,000 check to USC Athletics and a $200,000 check to The Key, but which was deposited into Singer’s sham charity, the Key Worldwide Foundation, to pay for the scheme.
Khosroshahin and Janke have pleaded guilty and are also cooperating with the government’s investigation.
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.
Former Director of West Hollywood Private School Pleads Guilty in College Admissions CaseRead the Press Release
BOSTON – The former director of a private elementary and high school in West Hollywood, Calif. pleaded guilty today in the college admissions case.
Igor Dvorskiy, 53, of Sherman Oaks, Calif., pleaded guilty to conspiracy to commit racketeering before U.S. District Court Judge Indira Talwani, who scheduled sentencing for Feb. 7, 2020. Dvorskiy is cooperating with the government’s investigation. 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 and a fine.
Dvorskiy administered the SAT and ACT exams at the private school in Los Angeles where he worked. In exchange for bribe payments directed to him by co-conspirator William “Rick” Singer – typically $10,000 per student – and in violation of his duty of honest services to the ACT and the College Board, Dvorskiy allowed another co-conspirator, typically Mark Riddell, to purport to proctor the ACT and SAT exams for the children of Singer’s clients, and to replace exam answers with corrected answers. Dvorskiy then returned the falsified exams to the ACT and College Board for scoring. Singer and Riddell previously pleaded guilty and are also cooperating with the government’s investigation.
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 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.
Dorchester Man Resentenced for Role in Plot to Rob Armored Car DepotRead the Press Release
BOSTON – A Dorchester man was resentenced today in federal court for his role in a 1999 conspiracy to rob an armored car depot in Easton, Mass.
David Turner, 52, was resentenced by U.S. District Court Judge Richard G. Stearns to time served and three years of supervised release. The government recommended 310 months.
Turner was convicted by a federal jury in 2001 of conspiring to rob the Loomis-Fargo armored car depot; attempting to rob the Loomis-Fargo depot; possessing a grenade in furtherance of a crime of violence – the conspiracy to rob the facility; possessing other firearms in furtherance of the robbery conspiracy; and two counts of being a felon in possession of firearms. Turner had been in custody since February 7, 1999.
At the time these crimes were committed, possession of a grenade in furtherance of a crime of violence required a sentence of 30 years, which had to run consecutively to any other sentence imposed in the case. In 2003 Judge Stearns sentenced Turner to 460 months in prison, calculated as follows: 100 months for the robbery conspiracy, attempted robbery, and felon-in-possession counts; 360 months for possessing the grenade in furtherance of a crime of violence; and 60 months for possessing the other firearms in furtherance of a crime of violence. The sentences of 360 months and 60 months were to run concurrently with one another but consecutive to the sentence for the other convictions. The First Circuit Court of Appeals affirmed Turner’s conviction and sentence in 2007.
In June 2019 the Supreme Court held part of the relevant definition of “crime of violence” to be unconstitutional, and consequently conspiracy to commit a crime of violence no longer qualifies as a crime of violence. Accordingly, at today’s resentencing Judge Stearns vacated these convictions and resentenced Turner based on the remaining counts.
Evidence at the 2001 trial showed that in early 1999 Turner joined a plot to rob the Loomis-Fargo armored car depot of $30-50 million. The plot included Turner, Stephen Rossetti, Carmelo Merlino, William Merlino, and a man who, unbeknownst to the others, was cooperating with the FBI. The cooperator told the others that he had an insider at the armored car depot who would help them commit the robbery. The plan was for Rossetti to provide firearms, a grenade, an assault rifle, and other firearms, as well as bullet-proof vests, walkie-talkies, police scanners and other hardware for use in the robbery. The day of the robbery the insider would help the robbers gain access to the facility and the cooperator would walk the insider back into the facility with a gun to his head; Turner and Rossetti would follow them in wearing bullet-proof vests armed with an assault rifle and grenade; Turner and Rossetti would subdue and restrain the other guard, who was not privy to the plan; and the robbers would then load a Loomis-Fargo truck with cash and drive to Carmelo Merlino’s place of employment, TRC Auto Electric in Dorchester (TRC). Turner announced at a meeting the night before the robbery was to take place that if they were pursued by law enforcement along the way, they would get out and “have it out” with the police.
The robbery was planned for Feb. 7, 1999 and the participants were to meet early in the morning at TRC. Carmelo Merlino was arrested when he arrived and William Merlino was arrested a short time later. Turner met Rossetti in a parking lot in Quincy and they drove past, but did not stop at, TRC. They returned to the Quincy parking lot and transferred items from Rossetti’s car to Turner’s vehicle and then drove in Rossetti’s car back to the neighborhood of TRC, where they were apprehended. A search of Turner’s vehicle in Quincy led to the recovery of three duffel bags that contained, among other things, five handguns; an assault rifle; ammunition and magazines for the firearms; bullet-proof vests; walkie-talkies; police scanners; and a live military fragmentation grenade.
At today’s hearing, the government recommended that Turner be sentenced to 310 months. The government argued that the sentencing guidelines do not adequately capture the seriousness of the offense because the guidelines do not take into account the number of firearms the robbers planned to use, the fact that they had a grenade that they planned to employ if necessary, or the fact that they intended to engage in a violent confrontation with the police if confronted.
Attorney General Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
BOSTON – Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“Despite recent trends indicating that violent crime is decreasing nationwide, gun violence continues to harm our communities,” said United States Attorney Andrew E. Lelling. “Project Guardian is a coordinated effort to use existing law enforcement tools as a force multiplier to reduce gun violence. This includes doubling down on background checks, sharing gun crime intelligence across all levels of government, and coordinating prosecution strategies with state partners. Ultimately, Project Guardian enables federal investigative and prosecutorial resources to be focused where they can make the most impact to reduce gun violence.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
“ATF will continue to work with our local, state and federal partners to stop the illegal flow of firearms into our neighborhoods. Project Guardian will strengthen ATF’s Crime Gun Intelligence Center capabilities and will aid in keeping firearms out of the hands of violent individuals,” said Special Agent in Charge Kelly D. Brady of ATF, Boston Field Division.
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
Randolph Man Sentenced for Child ExploitationRead the Press Release
BOSTON – A Randolph man was sentenced yesterday in federal court in Boston on child exploitation charges.
Michael Lee, 52, was sentenced by U.S. District Court Judge Indira Talwani to 20 years in prison and five years of supervised release. In June 2019, Lee pleaded guilty to one count of sexual exploitation of children and one count each of distribution, receipt and possession of child pornography.
A search warrant at Lee’s Randolph home was conducted as part of an investigation into the online trade of child pornography through the use of Kik, an instant messaging app. During an interview with agents, Lee admitted to trading images and videos of child pornography with other Kik users, including a New Hampshire man who provided Lee with images and videos documenting the sexual abuse of the man’s eight-year-old daughter at Lee’s direction. Forensic analysis of Lee’s cell phone and Kik account corroborated his admissions and showed that he had created videos of himself in which he directed the child’s father how to sexually abuse her, and had received videos in return that showed the man abusing her. Forensic review of the evidence also showed that Lee had been trading child pornography with other Kik users.
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. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Mortgage Short Sale Negotiators Charged with Defrauding Mortgage LendersRead the Press Release
BOSTON – The principals and co-founders of a North Andover mortgage short sale assistance company were charged today in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions. The defendants allegedly defrauded the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation and the U.S. Department of Housing and Urban Development.
Gabriel T. Tavarez, 39, and Jaime L. Mulvihill, 40, who together founded and operated Loss Mitigation Services, LLC, were charged with conspiracy to commit wire fraud. Tavarez also was charged with aggravated identity theft.
The charges arise out of the defendants’ alleged scheme to steal undisclosed and improper fees from mortgage lenders in connection with short sales of homes. A short sale occurs where the mortgage debt on the home is greater than the sale price, and the mortgage lender agrees to take a loss on the transaction.
Loss Mitigation Services, purportedly acting on behalf of underwater homeowners, negotiated with mortgage lenders for approval of short sales in lieu of foreclosure. Mortgage lenders typically forbid short sale negotiators, such as Loss Mitigation Services, from receiving any proceeds of a short sale.
According to the court documents, from 2014 to 2017, Tavarez and Mulvihill, directly or through their employees, falsely claimed to homeowners, real estate agents, and closing attorneys that mortgage lenders had agreed to pay Loss Mitigation Services fees known as “seller paid closing costs” or “seller concessions” from the proceeds of the short sales. In reality, the mortgage lenders had never approved Loss Mitigation Services to receive those fees. When the short sales closed, at the instruction of Tavarez or Mulvihill, or others working with them, settlement agents paid Loss Mitigation Services the fees, which typically were 3% of the short sale price above and beyond any fees to real estate agents, closing attorneys and others involved in the transaction. To deceive mortgage lenders about the true nature of the fees, Tavarez or Mulvihill filed, or caused others to file, false short sale transaction documents with mortgage lenders, including altered settlement statements and fabricated contracts and mortgage loan preapproval letters. Tavarez and Mulvihill fabricated the transaction documents, or caused them to be fabricated, in order to justify the additional fees and conceal that they were being paid to Loss Mitigation Services. In addition, Tavarez created fake letters from mortgage brokers claiming that the brokers had approved buyers for financing, in order to convince mortgage lenders to approve the additional fees.
The charge of 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. The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, one year 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Robert Manchak, Special Agent in Charge of the Federal Housing Finance Agency, Office of Inspector General, Northeast Region; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Brian M. LaMacchia of Lelling’s Office are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Postal Worker Sentenced for Role in Multi-Kilogram Cocaine ConspiracyRead the Press Release
BOSTON – A Worcester man was sentenced today in federal court in Worcester for his role in a cocaine trafficking ring responsible for smuggling over 20 kilograms of cocaine into central Massachusetts.
Erick Cruz, 29, was sentenced by U.S. District Court Judge Timothy S. Hillman to 34 months in prison and three years of supervised release. Garcia previously pleaded guilty to conspiring to distribute in excess of five kilograms of cocaine and possession with the intent to distribute over 500 grams of cocaine.
Garcia is the last of four defendants to be sentenced in this investigation. Jose Gonzalez was sentenced on Sept. 24, 2019, to 10 years in prison, Japhet Garcia was sentenced on Oct. 1, 2019, to 40 months in prison, and Deibby Garcia was sentenced on Nov. 7, 2019, to 120 months in prison.
In early December 2017, Japhet Garcia and co-conspirator Jose Gonzalez were captured on surveillance footage entering a Worcester Postal Facility and attempting to retrieve a package shipped from Puerto Rico that had been found to contain approximately three kilograms of cocaine.
Subsequent to those events, a court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2017. The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to have the packages picked up once they had arrived in Massachusetts.
During the course of communications between Jan. 9, 2018, and Jan. 13, 2018, Cruz texted Deibby Garcia two addresses, both of which were on Cruz’s assigned route as a letter carrier. Deibby Garcia, in turn, forwarded the addresses to what authorities believed to be his cocaine source in Puerto Rico. On Jan. 12, 2018, two packages were sent from Puerto Rico to the addresses provided by Cruz and Deibby Garcia. On Jan. 15, 2018, one package was searched pursuant to a federal search warrant and was found to contain three kilograms of cocaine. The following day, federal agents permitted the second package to be provided to Cruz for delivery.
Agents thereafter intercepted discussions between Cruz and Deibby Garcia in which they discussed arrangements for Deibby Garcia to have the second package picked up, and speculated about what had happened to the package that had been seized and searched. Soon after, the men were arrested and the second package was recovered.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; and Leicester Interim Police Chief Kenneth Antanavica made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Criminal Division prosecuted the case.
Former City of Boston Employee Pleads Guilty to Distributing Cocaine and FentanylRead the Press Release
BOSTON – A former employee for the City of Boston pleaded guilty yesterday to distributing cocaine and fentanyl.
Gary “Jamal” Webster, 36, pleaded guilty to four counts of distributing and possessing with intent to distribute cocaine, one count of distributing and possessing with intent to distribute more than 40 grams of fentanyl, and one count of conspiracy to distribute and possess with intent to distribute cocaine and fentanyl. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Jan. 30, 2020. Webster was charged in August 2018.
According to court documents, a cooperating witness made four controlled purchases of cocaine and one purchase of fentanyl in September and October 2016 from Webster, who was the Director of Constituent Services for a Boston City Councilor at the time. In total, Webster sold over 300 grams (two-thirds of one pound) of cocaine, and 49 grams of fentanyl to the cooperating witness during a two-month period.
The charge of conspiracy to distribute and possess with intent to distribute cocaine and more than 40 grams of fentanyl provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distributing more than 40 grams of fentanyl and possessing more than 40 grams of fentanyl with intent to distribute provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distributing cocaine and possessing cocaine with the intent to distribute provides for 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.
This case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachel Rollins; Boston Police Commissioner William Gross; and Brockton Police Chief John Crowley made the announcement today. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. Assistant United States Attorney Philip A. Mallard of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
Operation Landshark 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 Role in Multi-Kilogram Cocaine ConspiracyRead the Press Release
BOSTON – A Worcester man was sentenced today in federal court for his role in a cocaine trafficking ring responsible for smuggling over 20 kilograms of cocaine into central Massachusetts.
Deibby Garcia, 37, was sentenced by U.S. District Court Judge Timothy S. Hillman to 10 years in prison and five years of supervised release. Garcia previously pleaded guilty to conspiring to distribute in excess of five kilograms of cocaine and possession with the intent to distribute over 500 grams of cocaine.
Garcia is the third of four defendants to be sentenced in this investigation. Jose Gonzalez was sentenced on Sept. 24, 2019, to 10 years in prison and Japhet Garcia was sentenced on Oct. 1, 2019, to 40 months in prison. Co-defendant Erick Cruz is scheduled to be sentenced on Nov. 8, 2019.
In early December 2017, Japhet Garcia and co-conspirator Jose Gonzalez were captured on surveillance footage entering a Worcester Postal Facility and attempting to retrieve a package shipped from Puerto Rico that had been found to contain approximately three kilograms of cocaine.
Subsequent to those events, a court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2017. The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to have the packages picked up once they had arrived in Massachusetts.
During the course of communications between Jan. 9, 2018, and Jan. 13, 2018, Cruz texted Deibby Garcia two addresses, both of which were on Cruz’s assigned route as a letter carrier. Deibby Garcia, in turn, forwarded the addresses to what authorities believed to be his cocaine source in Puerto Rico. On Jan. 12, 2018, two packages were sent from Puerto Rico to the addresses provided by Cruz and Deibby Garcia. On Jan. 15, 2018, one package was searched pursuant to a federal search warrant and was found to contain three kilograms of cocaine. The following day, agents permitted the second package to be provided to Cruz for delivery.
Thereafter discussions were intercepted between Cruz and Deibby Garcia when they discussed arrangements for Deibby Garcia to have the second package picked up, and speculated about what had happened to the package that had been seized and searched. Soon after, the men were arrested and the second package was recovered.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; and Leicester Interim Police Chief Kenneth Antanavica made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Criminal Division prosecuted the case.
Worcester Man Pleads Guilty to Illegal Possession of Loaded Semi-Automatic PistolRead the Press Release
BOSTON – A Worcester man pleaded guilty today in federal court in Worcester to being a felon in possession of a firearm.
Leroy Byron, 34, pleaded guilty to being a felon in possession of a firearm before U.S. District Court Judge Timothy S. Hillman who scheduled sentencing for Feb. 6, 2020. Byron was charged by criminal complaint in November 2018.
On Nov. 5, 2018, Byron was arrested for carrying an Intratec TEC9 semi-automatic pistol loaded with 32 rounds of ammunition. Byron is prohibited from possessing a firearm due to prior convictions punishable by more than one year in person.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Two Chelsea Men Sentenced for Roles in Trans-National Methamphetamine Trafficking RingRead the Press Release
BOSTON – Two Chelsea men were sentenced yesterday in federal court in Boston for their role in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.
Russell Ormiston, 51, was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to two years in prison and three years of supervised release. In March 2018, Ormiston pleaded guilty to conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine.
Steven Beadles, 60, was sentenced by Judge O’Toole to five years in prison and five years of supervised release. In June 2018, Beadles pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine and one count of possession of 50 grams or more of methamphetamine with intent to distribute.
In November 2016, Ormiston, Beadles and nine co-defendants were charged with various methamphetamine offenses relating to a transnational trafficking scheme.
Beginning in at least 2013 and continuing to November 2016, Ormiston and Beadles were involved in a conspiracy that transported methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways.
On Jan. 7, 2016, approximately 434 grams of methamphetamine that had been shipped from California to Beadles’s residence was seized. Beadles admitted that he received this package on behalf of a co-conspirator, that he knew prior to the drugs being seized by law enforcement that the package contained methamphetamine, and that he intended to purchase some of the drugs so that he and Ormiston could resell the drugs to their customers.
Beadles admitted that Ormiston carried out various tasks on his behalf. Among other things, Beadles directed Ormiston to pick up methamphetamine from his supplier and deliver methamphetamine to customers. Beadles, however, retained the responsibility for negotiating the purchase and sale prices for the drugs.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and Jared C. Dolan of Lelling’s Narcotics & Money Laundering Unit prosecuted the case.
Ohio Man Sentenced for Investment Fraud SchemeRead the Press Release
BOSTON – An Ohio man was sentenced yesterday in connection with a decade-long investment fraud scheme in which he defrauded more than 40 people of more than $2.5 million, and concealed more than 20 vehicles purchased with some of the victim funds.
Stephan Kuljko Jr., 61, of Stow, Ohio, was sentenced by U.S. Senior District Judge Mark L. Wolf to 156 months in prison, three years of supervised release, and ordered to pay $2,772,160 in restitution. In August 2019, Kuljko was convicted by a federal jury after a two-week trial of four counts of wire fraud and one count of obstruction of justice.
From 2006 through 2017, Kuljko spun a false story about himself as a wealthy man who won millions in the Ohio Lottery that he turned into hundreds of millions by investing in a Texas oil business and casinos. Kuljko solicited money from people by telling them that his vast fortune had been frozen in a bank account because of problems with the IRS, and that he needed money to pay for lawyers and to travel around the world to try to free up those funds. Kuljko operated his scheme mostly behind the scenes, using an associate in Arizona to solicit funds. Victims were promised huge returns, in many cases more than a million dollars for providing tens of thousands to assist Kuljko. The scheme also involved soliciting money to obtain and market what Kuljko represented as an extremely valuable, large uncut emerald. As with his other representations, the emerald deal was fictitious. In fact, the evidence at trial established that Kuljko had never won the lottery or invested in any Texas oil venture, had no bank account nor hundreds of millions of dollars, and the IRS was not tying up any of his money. Kuljko instead worked out of his home, buying and selling things like used snow blowers and rototillers.
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. Assistant U.S. Attorneys Victor A. Wild and Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Lynn Man Pleads Guilty to Role in $1.4 Million Bank Fraud and Money Laundering SchemeRead the Press Release
BOSTON – A Lynn man pleaded guilty today in federal court in Boston in connection with receiving and laundering approximately $1.4 million fraudulently obtained from a Korean company.
Chukwuemeka Eze, 37, pleaded guilty to bank fraud, money laundering and aggravated identity theft charges. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Feb. 3, 2020. Eze, 37, of Lynn, was arrested on a criminal complaint in June 2019, and is being held in federal custody.
Eze admitted that he used a victim’s name, date of birth and Social Security number without permission to open bank accounts in the victim’s name and in the name of a fictitious Massachusetts corporation that Eze created, Levistronix GMB Ltd. Eze selected the name for Levistronix because of its similarity to Levitronix GmbH, an actual Swiss company. In May and June 2018, others involved in the scheme sent fake Levitronix invoices totaling approximately $1.4 million to a Korean company that was a Levitronix customer. The fake invoices directed the company to send the $1.4 million to Eze’s deceptively-named Massachusetts bank account.
When Eze received the money, he withdrew cash, and spent tens of thousands of dollars on retail purchases, including Apple laptops and Zales’ jewelry. He also purchased $700,000 in bank checks payable to other fictitious companies that he controlled, which he deposited into bank accounts in those companies’ names. Eze in turn made cash withdrawals, retail purchases, and wire transfers from those bank accounts, all to conceal the fact that the money was the proceeds of the fraud scheme. In doing so, Eze spent or disbursed more than $862,000 of the Korean company’s money.
The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release, a fine of $1 million, forfeiture and restitution. The charges of money laundering provide for sentences of up to 20 years in prison, three years of supervised release, a fine of $500,000, forfeiture and restitution. The charge of aggravated identity theft provides for a sentence of two years in prison consecutive to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Cybercrime 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.
Holbrook Man Convicted of Heroin and Cocaine DistributionRead the Press Release
BOSTON – A Holbrook man was convicted yesterday in federal court in Boston of distribution of heroin and cocaine base.
Allah Mallory a/k/a “Parod,” 43, was convicted by a federal jury of distribution of heroin and cocaine base. U.S. District Court Judge Rya W. Zobel scheduled sentencing for Feb. 11, 2020.
On July 9, 2018, Mallory distributed heroin and cocaine base to an cooperating witness in Brockton. According to the court documents, this case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking.
The charge of distribution of heroin and cocaine base provides for a sentence of up to 20 years in prison, at least three years and up to life supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachel Rollins; Boston Police Commissioner William Gross; and Brockton Police Chief John Crowley made the announcement today. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service.
Operation Landshark 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.
Boston-Area Restaurant Owner Sentenced for Tax FraudRead the Press Release
BOSTON – A former owner of restaurants in Boston and Chelsea was sentenced today in federal court in Boston for tax fraud convictions.
Burhan Ud Din, 50, of Watertown, was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to three years of probation, 500 hours of community service and ordered to pay restitution in the amount of $140,372 in back taxes. In August 2019, Din was convicted by a federal jury of six counts of willful failure to collect and pay over tax.
From 2009 to 2013, Din defrauded the government and avoided paying payroll taxes owed by fried chicken restaurants located in Chelsea, downtown Boston and Jamaica Plain.
Federal law requires employers to withhold payroll taxes and pay the IRS. To avoid paying taxes, repeatedly, Din falsely reported to the IRS the number of employees and wages paid. Din provided the tax preparer for the stores with false information about the restaurants’ payroll, causing the tax preparer to file false tax returns.
United States Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Jason Molina, Special Agent in Charge of Homeland Security Investigations in Boston; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Scott L. Garland of Lelling’s Criminal Division prosecuted the case.
Winchester Man Charged with Assaulting Federal Postal Worker and Cocaine PossessionRead the Press Release
BOSTON – A Winchester man was arrested yesterday and charged with assaulting a federal postal worker and cocaine possession.
Raymond Acevedo, 29, was charged with one count of assaulting a federal postal worker and one count of possession with intent to distribute 500 grams or more of cocaine. Acevedo was detained following an initial appearance in federal court in Boston pending a probable cause and detention hearing set for Nov. 7, 2019.
According to charging documents, on Oct. 24, 2019, a U.S. Postal worker attempted to deliver an Express Mail package from Puerto Rico to the addressee in Dorchester. The postal worker was unable to locate the addressee and was returning to his vehicle when another individual, later determined to be Acevedo, approached the postal worker and demanded the package. When the postal worker would not give Acevedo the package, Acevedo assaulted the postal worker, took the package, and a fight ensued. As the postal worker and Acevedo were fighting over the package, police arrived and eventually arrested Acevedo, charging him with robbery and aggravated assault on the postal worker. The postal worker was transferred to a local hospital for the injuries he received during the altercation.
On Oct. 25, 2019, law enforcement officers opened the package pursuant to a federal search warrant and seized approximately 1.390 kilograms of cocaine.
The charge of assaulting a federal postal worker provides for a sentence of up to 20 years in prison and up to three years of supervised release. The charge of distribution of cocaine provides for a minimum mandatory sentence of five years and up to 40 years in prison, four years to a lifetime of supervised release, and a fine of up to $5 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; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; and Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Kenneth G. Shine 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.
Two Colombian Nationals Charged with Cocaine TraffickingRead the Press Release
BOSTON – Two Colombian nationals were indicted today in federal court in Boston on drug trafficking charges.
Diego Sanchez, 34, and Ricardo Lopera Arteaga, 58, were each indicted on one count of conspiracy to distribute, and possession with intent to distribute, 500 grams or more of cocaine, and one count of possession with intent to distribute 500 grams or more of cocaine. Sanchez was also charged with two additional counts of distribution and possession with intent to distribute cocaine. The defendants were previously charged by complaint and arrested on Oct. 9, 2019. They are both currently in federal custody.
According to court documents, Sanchez engaged in two sales of cocaine to a cooperating witness on Sept. 10 and 27, 2019 in East Boston. Sanchez and Lopera-Arteaga alsoconspired together to sell one kilogram of cocaine to that same cooperating witness. On Oct. 9, 2019, law enforcement agents observed both men meet and walk together towards a spot arranged for the drug transaction. Agents arrested both men a short time later and seized one kilogram of cocaine from Lopera-Arteaga.
The charges of conspiracy to distribute and possession with intent to distribute more than 500 grams of cocaine provides fora mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charges of distribution of cocaine provide for a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The case was investigated by the Organized Crime and Drug Enforcement Task Force (OCDETF). Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Southwick Man Pleads Guilty to Sending Threatening Letters and White Powder to Federal Agencies in SpringfieldRead the Press Release
BOSTON – A Southwick man pleaded guilty today to sending two packages, containing white powder, to federal agencies in Springfield.
Kevin A. Johnson, 47, pleaded guilty to two counts of conveying false information and hoaxes. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 6, 2020. Johnson was charged by criminal complaint and arrested on Nov. 30, 2018.
Between July and November 2018, FBI’s Springfield Office and the Springfield Social Security Administration Office (SSA Springfield), collectively received three packages containing either threatening communications and/or suspicious substances. The Springfield Branch Office of the United States Attorney’s Office for the District of Massachusetts received a letter from an individual claiming responsibility for sending the packages. All of the packages contained a piece of white-lined paper with a hand-drawn logo that appeared to combine the “anarchist A” symbol (the capital letter “A” surrounded by the letter “O”) and the symbol for ISIS, a foreign terrorist organization. Two of the packages contained suspicious white powder.
On July 23, 2018, security cameras at the FBI Springfield Office captured an individual throwing a manila envelope at the front door. The package contained a handwritten note saying: “Death to TRUMP.”
On Oct. 23, 2018, SSA Springfield received a package containing white powder and a handwritten letter stating, among other things: “FOR ALLAH YOU DIE, ATHENA KNOWS YOUR LIES, DEATH TO YOU TRAITORS, AND THE FU----- FBI.”
On Oct. 24, 2018, the FBI Springfield Office received a package through the mail addressed to “AGENT UNCLE HAM.” The package contained white powder and a handwritten note stating: “FOR ALLAH YOU DIE, ATHENA KNOWS YOUR LIES, DEATH TO THE N.O.R.A.D SPIES, AND THE FBI.” The Massachusetts State Police Laboratory later found the white powder in the packages to contain no hazardous materials.
The charges of false information and hoaxes provide for a sentence of up to five years in prison, one year of supervised release, and a fine of up to $250,000. The charges of mailing threatening communications provide for a sentence of up to 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Stephen A. Marks, Special agent in Charge of the U.S. Secret Service, Boston Field Division; and Southwick Police Chief Kevin A. Bishop, made the announcement today. Assistance was provided by the Western Massachusetts Joint Terrorism Task Force, Hampden County Sheriff’s Department, and Holyoke Police Department. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office is prosecuting the case.
Providence Man Sentenced for Trafficking FentanylRead the Press Release
BOSTON – A Providence man was sentenced today in federal court in Boston in connection with a fentanyl conspiracy.
Dario Bier Romero, 28, of Providence, R.I., was sentenced by U.S. District Court Judge Richard G. Stearns to 70 months in prison and four years of supervised release. On July 25, 2019, Romero pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl, one count of possession with intent to distribute and distribution of 40 grams or more of fentanyl, and one count of possession with intent to distribute and distribution of 400 grams or more of fentanyl.
On June 21, 2018, investigators seized approximately three kilograms of fentanyl from Romero and co-defendant Gerson Franco Guerrero during a federal investigation. During the execution of a search warrant at Romero’s residence in Providence, investigators seized an additional kilogram of fentanyl and drug packaging paraphernalia.
Guerrero pleaded guilty and was sentenced to 43 months in prison in July 2019.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division made the announcement today. Assistance was provided by the Massachusetts State Police and Woburn and Providence (R.I.) Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Colombian National Pleads Guilty to Cocaine TraffickingRead the Press Release
BOSTON – A Colombian national pleaded guilty on Monday, Nov. 4, 2019, in federal court in Boston for his role in an international drug trafficking operation.
Henry Carrillo-Ramirez, 49, pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States, and four counts of possession with intent to distribute and distribution of five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. Carrillo is a Colombian national who was extradited from Colombia and made an initial appearance in federal court in Boston on April 26, 2019.
In addition to Carrillo, two co-defendants have been extradited from Colombia and one co-defendant has been extradited from Spain, all three of whom have pleaded guilty. A fifth co-defendant remains a fugitive.
Since 2013, Carrillo and at least four co-conspirators were involved in an organization that trafficked cocaine – sourced in Colombia – by boat via Venezuela to Spain, Puerto Rico, and other locations. The cocaine was sourced from the Catatumbo region of Colombia and transported to Isla Margarita, Venezuela. Thereafter, based upon an agreed-upon date, time, sea coordinates, and code word, small lanchas carrying the cocaine would meet a fishing vessel located offshore arranged by co-defendant Henry Carrillo Ramirez. The lanchas provided the code word, and the drugs were then transferred to the fishing vessel for transport to points in Europe and Caribbean.
In August 2014, Colombian National Police intercepted communications regarding a shipment of cocaine from South America to Europe involving Carrillo and others. On Aug. 25, 2014, an international law enforcement operation located and boarded the vessel shipping the drugs, and seized 960 kilos of cocaine.
In November 2014, an allied British vessel carrying U.S. Coast Guard officials interdicted a boat arranged by Carrillo and others destined for Puerto Rico that was approximately 30 nautical miles west of Montserrat. Once the vessel was stopped, the crew was observed jettisoning bales of cocaine, which were recovered and weighed 180 kilograms. The remaining bales were lost at sea.
In December 2014, the Spanish Guardia Civil boarded another vessel in international waters arranged by Carrillo and others, and seized an additional 728 kilos of cocaine.
In August 2015, U.S. investigators disabled a Yamaha power boat in the Farjardo coast area of Puerto Rico that was arranged by Carrillo and others. A search of the proximate area recovered 13 bales containing nearly 400 kilograms of cocaine.
In all, law enforcement seized approximately 1,688 kilos of cocaine from this drug trafficking organization.
The conspiracy and distribution charges each provide for a sentence of up to life in prison, a lifetime of supervised release and a $10 million fine. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Valuable assistance was provided by the Colombian National Police, the Spanish Guardia Civil and the Portuguese Air Force. Assistant U.S. Attorney Linda M. Ricci, Chief of Lelling’s Narcotics and Money Laundering Unit, is prosecuting the case.
Chelsea Man Arrested for Bank RobberyRead the Press Release
BOSTON – A Chelsea man was arrested yesterday and charged in federal court in Boston with bank robbery.
Edward Robert Rezendes, 66, was charged in a criminal complaint with one count of bank robbery. Rezendes, who is currently on supervised release for an unrelated bank robbery, appeared before U.S. District Court Magistrate Judge Donald L. Cabell and was ordered detained.
According to court documents, on Sept. 10, 2019, Rezendes robbed a branch of TD Bank in Chelsea, stealing approximately $3,760.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the U.S. Federal Bureau of Investigation, Boston Field Division; and Chelsea Police Chief Brian Kyes made the announcement. Assistant U.S. Attorneys Kenneth G. Shine and Adam W. Deitch of Lelling’s Major Crimes Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
California Man Arrested for Smuggling Alleged Cognitive Enhancement Drug into the United States from ChinaRead the Press Release
BOSTON – A California man was arrested today on charges of conspiring to smuggle tianeptine, a drug that claims to enhance mood and cognitive functioning, into the United States from China.
Ryan M. Stabile, 32, was charged in an indictment unsealed today with one count of conspiracy and two counts of introduction of misbranded drugs with intent to defraud and mislead. Stabile will make an initial appearance today in federal court in California and will be arraigned at a later date in federal court in Springfield.
As alleged in the indictment, Stabile smuggled tianeptine, a misbranded drug, from China into the United States and then resold the tianeptine to American consumers on the internet through his company, Supplements for Work. Stabile falsely represented that he was selling tianeptine for research purposes only, even though he sold tianeptine to individuals for personal use. Stabile, through his company, marketed tianeptine as a mood enhancer and claimed that it improved cognitive functioning.
The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release, and a fine of up to $250,000. The charge of introduction of misbranded drugs provides for a sentence of up to three years in prison, one year 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 Ebersole, Special Agent in Charge of the United States Food and Drug Administration’s Office of Criminal Investigation made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla 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.
Walpole Man Pleads Guilty to Filing a False Tax ReturnRead the Press Release
BOSTON – A Walpole man pleaded guilty yesterday in connection with failing to report income from his landscaping business to the Internal Revenue Service (IRS).
Stephen L. Petrucci, 57, pleaded guilty to one count of filing a false tax return before U.S. Senior District Court Judge George A. O’Toole Jr., who scheduled sentencing for Feb. 11, 2020. According to the terms of the plea agreement, the government will recommend a sentence of two years in prison, one year of supervised release, a fine, and restitution to the IRS of $726,789.
Petrucci owes more than $700,000 in income taxes to the IRS after he failed to report income from his landscaping business on his federal tax returns for tax years 2012 through 2017.
The charging statute provides a sentence of up to three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Rhode Island Man Sentenced for Million Dollar Embezzlement SchemeRead the Press Release
BOSTON – A Rhode Island man was sentenced today in federal court in Boston in connection with a scheme to embezzle over $1 million from a Massachusetts company.
Michael H. Tran, 35, of Woonsocket, R.I., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 46 months in prison, three years of supervised release, and ordered to pay forfeiture and restitution each in the amount of $1,284,792. In August 2019, Tran pleaded guilty to one count of conspiracy to commit wire fraud and five counts of wire fraud.
Tran and co-conspirator Darren Cormier, who worked as a product manager for a Bellingham manufacturing company, worked together to embezzle millions of dollars from the company. From December 2013 to May 2016, Cormier told the company owners that he was purchasing equipment for the company using his PayPal account, which was linked to the company’s credit cards. Instead of making legitimate equipment purchases, however, Cormier used his PayPal account to pay Tran, who withdrew the money in cash and used it to pay for personal expenses. Tran and Cormier concealed the fraud by adjusting the names settings in Tran’s PayPal account to make it appear on account statements as if the payments were submitted to legitimate vendors. Tran and Cormier also submitted fraudulent invoices and purchase orders to the company in the name of some non-existent vendors, such as “A Plug Tool Supply” and “MHT Industrial.”
Cormier was charged separately for his role in the conspiracy and wire fraud scheme and pleaded guilty in March 2019. He is set to be sentenced on Nov. 26, 2019.
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. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, prosecuted the case.
Owner of North Reading Restaurant Sentenced for Failing to Report $1.9 Million in Business ReceiptsRead the Press Release
BOSTON – The owner of Mike’s Famous Roast Beef & Pizza in North Reading was sentenced today in federal court in Boston for committing tax fraud by failing to report approximately $1.9 million in business receipts.
Emanuel Panousos, a/k/a Mike Panousos, 44, of Peabody, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 21 months in prison, one year of supervised release, and ordered to pay a fine of $7,500 and restitution of $387,180. In May 2019, Panousos pleaded guilty to two counts of aiding and assisting in filing false corporate tax returns.
From 2013 through 2015, Panousos skimmed business cash receipts totaling about $1.9 million, and failed to report those cash receipts to his tax preparer or on the restaurant’s corporate tax returns. As a result, Panousos avoided paying both corporate and personal taxes totaling approximately $387,180 during those years.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Milton Man Pleads Guilty to Bank Fraud ConspiracyRead the Press Release
BOSTON – A Milton man pleaded guilty yesterday in federal court in Boston in connection with schemes to use false identification documents to obtain funds from bank customers’ accounts.
Fesnel Lafortune, 30, of Milton, pleaded guilty to one count of conspiracy to commit bank fraud and one count of aggravated identity theft. U.S. District Court Senior Judge Douglas P. Woodlock scheduled sentencing for Feb. 18, 2020. Lafortune was charged in June 2019.
In April 2017, an unindicted co-conspirator obtained two bank checks totaling more than $340,000 from a Santander Bank customer’s account, using a fraudulent passport and credit card in the customer’s name. Lafortune deposited one of the checks in the amount of $175,500 to a business bank account he had opened using a false name, date of birth and Social Security number. Within days of depositing the check, Lafortune withdrew nearly $30,000 in cash in three transactions at three different bank branches. In June 2017, LaFortune used a second false identity of a real person to open two more business bank accounts, into which other co-conspirators wired more than $200,000. LaFortune withdrew about $165,000 from those accounts in cash and checks. The loss to banks totaled about $200,000.
The charge of conspiracy to commit bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million. The charge of aggravated identity theft provides for a two year mandatory minimum sentence, one year 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorneys Leslie A. Wright and Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
Former VA Hospice Nurse Indicted for Allegedly Diverting and Tampering with Morphine Meant for Dying VeteransRead the Press Release
BOSTON – A Tewksbury woman was indicted today by a federal grand jury in Boston on charges of diverting morphine while employed as a nurse in the hospice unit at the Veterans Affairs (VA) Medical Center campus in Bedford.
Kathleen Noftle, 55, was charged by indictment with one count of tampering with a consumer product and one count of obtaining a controlled substance by misrepresentation, fraud, deception, and subterfuge. Noftle was arrested and charged by criminal complaint in this case in September 2019.
According to charging documents, on Jan. 13, 14, and 15, 2017, Noftle used her position as a nurse to obtain doses of morphine that were meant to be given to the veterans under her care in the hospice unit. Noftle admitted to federal agents that she mixed water from the sink with a portion of the liquid morphine doses, and then administered the diluted medication to patients orally. It is alleged that Noftle then ingested a diluted amount of the remaining drug. The investigation revealed that, due to diluted morphine administered by Noftle, one veteran may have experienced increased difficulty breathing (dyspnea) and increased suffering in his final days. The investigation also found that before working at the VA Medical Center in Bedford, Noftle had resigned from her position as a nurse at a different hospital following her failure to follow appropriate procedures when wasting narcotics on 60 occasions.
The charge of tampering with a consumer product provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of obtaining a controlled substance by misrepresentation, fraud, deception, and subterfuge, provides for a sentence of up to four years in prison, one year 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 Sean Smith, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office made the announcement today. Assistant U.S. Attorney William B. Brady of Lelling’s Health Care Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Gang Member Sentenced for Federal Firearm OffenseRead the Press Release
BOSTON – A Boston man, affiliated with the Vine/Forest Street and Orchard Park gangs, was sentenced today in federal court in Boston for illegally possessing a firearm and ammunition.
Quantae Elmore, 22, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 30 months in prison and three years of supervised release. In July 2019, Elmore pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
On May 4, 2018, police officers encountered Elmore with a loaded firearm in his waistband on Zeigler Street, in the Orchard Gardens development of Boston’s Roxbury neighborhood, in the company of other Vine/Forest Street and Orchard Park gang members. Elmore had previously been convicted of a crime punishable by more than one year in prison and was therefore prohibited by federal law from possessing a firearm and ammunition.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Texas Man Charged with Kidnapping and Stalking Appears in Massachusetts Federal CourtRead the Press Release
BOSTON – A Texas man arrested and charged in September 2019, made his first appearance in federal court in Springfield today for kidnapping and stalking.
Sunil K. Akula, 30, was arraigned in federal court in Springfield today on charges of kidnapping and stalking. Akula was detained and transported to the District of Massachusetts after being arrested on Sept. 27, 2019.
According to charging documents, on Aug. 6, 2019, Akula traveled from his home in Texas to Agawam, Mass. to confront his wife, from whom he was living apart. A couple of days later, he physically assaulted his wife and forced her to leave her apartment, stating that he was taking her back to Texas. Akula held his wife’s phone, wallet, and computer, and forced her into his car with only the clothes she was wearing.
Akula allegedly then drove his wife south through many states, during which time he again assaulted her, forced her to send a resignation e-mail to her employer, and smashed her laptop and threw it on the side of the highway. Akula stopped at a Knox County, Tenn. hotel, where he again beat his wife. When Akula could not quiet his wife or stop her from crying loudly, Akula opened the door to leave the hotel room, where he was met and arrested by officers of the Knox County Sheriff’s Office.
The charge of kidnapping provides for a sentence of up to life prison, five years of supervised release and a fine of up to $250,000. The charge of stalking provides for a sentence of up to five 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Chicopee Police Chief William R. Jebb; Agawam Police Chief Eric Gillis; Knox County Sheriff Tom Spangler; and Plano (Texas) Interim Police Chief Dan Curtis made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla, Chief of Lelling’s Springfield 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.
Former Hull Man Convicted by Jury of Drug and Gun OffensesRead the Press Release
BOSTON – A former Hull man was convicted by a federal jury in Boston of felony drug and gun offenses on Friday, Nov. 1, 2019.
David Maglio, 39, was convicted of possession with intent to distribute marijuana and being a felon in possession of a firearm and ammunition following a one-week trial. The jury acquitted Maglio of possessing a firearm in furtherance of a drug trafficking offense. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Jan. 24, 2020.
On March 17, 2016, a search warrant was executed at Maglio’s home in Hull, during which time investigators discovered a sophisticated indoor marijuana grow operation that included dozens of marijuana plants supported by irrigation, ventilation and lighting equipment. Investigators also discovered more than 15 pounds of marijuana packaged for sale. In Maglio’s bedroom, investigators found a loaded 5.56 caliber semi-automatic rifle with more than 390 rounds of ammunition, a loaded .32 caliber pistol, and more than $5,000 in cash. Maglio was prohibited from possessing a firearm or ammunition due to a prior felony conviction.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; and Hull Police Chief John Dunn made the announcement today. Assistant U.S. Attorneys Jason A. Casey and Jared C. Dolan of Lelling’s Criminal Division prosecuted the case.
U.S. Attorney Andrew Lelling Announces Progress in Making Communities Safer Through Project Safe NeighborhoodsRead the Press Release
BOSTON – For the second consecutive year, the estimated number of violent crimes nationwide decreased, a credit to the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the Department’s violent crime reduction strategy. The District of Massachusetts has six designated PSN cities, Boston, New Bedford, Brockton, Lawrence, Worcester and Springfield.
According to FBI’s 2018 Crime in the United States Report, the violent crime rate decreased for the second consecutive year, down 3.9% from 2017. The data is a success for PSN, the Justice Department’s evidence-based initiative that brings together a spectrum of stakeholders to identify the most pressing violent crime problems in the community and developing 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.
“A primary mission of the Department of Justice is to reduce crime and to make our communities safer,” said United States Attorney Andrew E. Lelling. “PSN has made great strides in that effort because it surges law enforcement resources, targets the most violent criminals, and provides necessary funding and support. But it would not be successful without the officers and agents that are on the front lines preventing crime each day.”
“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”
Over the past two years, The U.S. Attorney’s Office for the District of Massachusetts has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make neighborhoods safer for everyone. As we celebrate the two-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions in Massachusetts over the past year:
Enforcement Actions
- A major component of our violent crime strategy has been devoted toward disrupting violent national and transnational gangs, specifically MS-13 and 18th Street. Beginning in 2016, the District of Massachusetts successfully dismantled the east coast leadership of MS-13, culminating in the largest MS-13 case in the nation. The case resulted in the prosecution of dozens of leaders, members, and associates of MS-13 in a sprawling racketeering indictment which charged six murders, approximately 20 attempted murders, robberies, drug trafficking and other violent offenses.
- In August 2018, the PSN initiative targeted impact players and repeat offenders responsible for violent acts and firearm related offenses in Boston and Brockton. This federal investigation resulted in 29 individuals charged with federal and state drug, firearms, and counterfeiting offenses.
- In October 2018, a coordinated sweep resulted in the arrest of 35 criminals on federal drug, firearm and immigration offenses, as well as state warrants. This effort targeted impact players and repeat offenders in and around the City of Lawrence, all of whom have prior convictions and those with criminal records who are in the U.S. illegally.
- Operation Devil’s Highway was a 10-week enforcement operation in the summer of 2019 that brought together federal, state, and local partners to focus on drug trafficking activity between the City of Lawrence and destinations in New Hampshire. The operation resulted in charges against 40 people for federal drug offenses, with at least a dozen more defendants facing state charges. In total, the Operation resulted in the seizure of more than 14 kilograms of fentanyl, five kilograms of heroin, 29 kilograms of cocaine, four firearms and body armor.
Improvements to Community Safety
The District of Massachusetts captured and analyzed violent crime data related to homicides, aggravated assaults, and robberies in the six designated PSN cities (Boston, New Bedford, Brockton, Lawrence, Worcester and Springfield) in order to better understand the violent crime problem and potential enforcement and prevention needs. This data, from June 2017 to June 2019, highlights a significant reduction in violent crimes:
- During the relevant period, homicides were reduced by 57% in New Bedford, 50% in Lawrence, 36% in Brockton, 16% in Boston and 5% in Springfield;
- Aggravated assault rates decreased in many of the PSN cities, most notably by 10% in Brockton and by 7% in Lawrence; and
- Similarly, robberies were reduced by 41% in Lawrence, 26% in Worcester, 10% in New Bedford and 8% in Springfield.
To learn more about Project Safe Neighborhoods, please visit www.justice.gov/psn.
Dominican National Sentenced for Role in Large-Scale Heroin Trafficking OrganizationRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Springfield for his role in a large-scale heroin trafficking organization.
Mirelvy Vasquez, 29, a Dominican national who previously resided in Springfield, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 54 months in prison and three years of supervised. Vasquez will face deportation proceedings upon completion of his sentence. In July 2019, Vasquez pleaded guilty to conspiracy to distribute and possession with intent to distribute heroin. Vasquez and 17 co-defendants were indicted on heroin conspiracy charges in August 2017.
Vasquez purchased large amounts of heroin, which he then distributed to various retail-level dealers in the Springfield area, from Alberto Marte, the leader of the Springfield-based drug trafficking organization. Vasquez admitted to purchasing between one and three kilograms of heroin from Marte on various occasions beginning in January 2016 and continuing through September 2016. Vasquez then repackaged his purchases into dosage units for further distribution.
Marte had direct contact with heroin supply sources in the Dominican Republic. On a monthly basis, members of the organization transported between eight and 20 kilograms of heroin to the Springfield area.
Marte and five other co-conspirators have pleaded guilty and are awaiting sentencing. The remaining defendants have pleaded not guilty.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County District Attorney Anthony D. Gulluni; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; Chicopee Police Chief William Jebb; Holyoke Police Chief Manny Febo; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office is prosecuting the cases.
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 Identity TheftRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for Social Security fraud and aggravated identity theft.
Alejandro Yoel Diaz Diaz, 28, a Dominican national formerly residing in Lawrence, was sentenced by U.S. District Court Judge Richard G. Stearns to two years and one day in prison. Diaz Diaz will be subject to deportation proceedings upon completion of his sentence. In August 2019, Diaz Diaz pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft.
On Aug. 1, 2017, Diaz Diaz applied for a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican born United States citizen. At the time of his arrest in April 2019, Diaz Diaz was on probation out of Lawrence District Court for distribution of heroin in the United States citizen’s identity. Diaz Diaz was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo.
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 Lindsey E. Weinstein of Lelling’s Major Crimes Unit prosecuted the case.
Dominican National Pleads Guilty to Fentanyl, Heroin and Identity Theft ChargesRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Worcester to drug and identity theft charges.
Jonathan Francisco Bobadilla Rosa, 30, a Dominican national previously residing in Worcester, 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.
On Dec. 14, 2018, law enforcement seized approximately 138 grams of a substance containing both heroin and fentanyl from a backpack carried by Bobadilla Rosa. In addition, on Feb. 14, 2018, Bobadilla Rosa falsely represented that the Social Security number of another person belonged to him in an application for a Massachusetts identification card from the Massachusetts Registry of Motor Vehicles.
The charge of possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of $5 million. The charge of false representation of a Social Security number carries a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft carries a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, three years of supervised release and a fine of $250,000. Bobadilla Rosa will be subject to deportation proceedings. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement today. Valuable assistance was provided by the Massachusetts Attorney General’s Office and the Massachusetts State Police. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.
Convicted Felon Indicted on Federal Firearms OffensesRead the Press Release
BOSTON – A Templeton man has been indicted by a federal grand jury on federal firearms offenses.
John Shaw, 30, was indicted on one count of being a felon in possession of ammunition and one count of unlawful possession of a firearm not identified by serial number. Shaw was charged by criminal complaint and arrested in September 2019.
According to charging documents, during the execution of a search warrant at Shaw’s residence on Sept. 24, 2019, an AR-15 short-barreled rifle that did not bear a serial number, over 50 rounds of .22 Long Rifle caliber ammunition, 27 rounds of .357 Sig caliber ammunition, 10 expended brass cartridge cases, and one complete round of 30-06 ammunition were seized. Shaw was previously convicted in Winchendon District Court of breaking and entering in the night with intent to commit a felony and assault and battery with a dangerous weapon. As a previously convicted felon, Shaw was prohibited from possessing a firearm and ammunition.
The charges each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Ashburnham Police Chief Lorring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Edward Lee made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett 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.
California Man Sentenced for Sending Death Threats to Dozens of Professional and College AthletesRead the Press Release
BOSTON – A California man was sentenced today in federal court in Boston for sending death threats to at least 45 professional and collegiate athletes between July and December 2017.
Addison Choi, 23, of Fullerton, Calif., was sentenced by U.S. District Court Chief Judge Patti B. Saris to 18 months in prison, one year of supervised release, and a fine of $5,500. In July 2019, Choi pleaded guilty to one count of transmitting in interstate and foreign commerce a threat to injure the person of another.
“The anonymity and ease of internet-based communications has led to a steady decline in civility and a steady increase in internet-based threats and harassment,” said United States Attorney Andrew E. Lelling. “Choi is a perfect example, lobbing violent, racist threats at others who failed to meet his expectations. We will continue to prosecute those who use the Internet to threaten violence.”
“In the realm of social media, there were no firewalls to protect the famous from being burned by Addison Choi's vitriol and the keyboard he weaponized. His victims - sports heroes to many - were threatened with death by Choi for failing to perform to his expectations on their chosen fields of play, all while he lurked in anonymity,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today's sentence is meant to teach Choi a lesson, and send a message to others that the FBI takes all acts and threats of violence seriously.”
In 2017, Choi attended college in Wellesley where he played varsity soccer. He also gambled prolifically on sports, both professional and collegiate. When the players or teams that he bet on performed poorly, Choi used Instagram to send them death threats. For example, on July 27, 2017, Choi posted on one professional athlete’s Instagram account: “I will kill you and your family and f****** hang them on a tree you stupid ugly mother*****” and also “I hope you f****** die you stupid monkey n*****.” On the same day, Choi posted on another athlete’s Instagram account: “I’ll find your f****** family and skin them alive you stupid f***, I hope you never play again.”
Choi also posted threats on the accounts of athletes’ loved ones. In another instance, Choi posted on the Instagram page of a professional athlete’s girlfriend, “You stupid mother***** [name], you worthless f***. I will f****** kill you,” and “I will f****** kill [name] you dumb f****** bitch… leave that irrelevant stupid mother*****.”
Between July 2017 and December 2017, Choi posted threats to at least 45 different Instagram accounts, with multiple threats to each account and often multiple targets per threat.
U.S. Attorney Lelling and FBI Boston SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Scott L. Garland, of Lelling’s Civil Rights Enforcement Team, and Gregory J. Dorchak, of Lelling’s Civil Rights Unit, prosecuted the case.
Ashburnham Man Indicted on Federal Firearms OffensesRead the Press Release
BOSTON – An Ashburnham man was indicted yesterday in federal court in Worcester on federal firearms offenses.
Terrick Bishoff, 38, was indicted on one count each of unlawful possession or transfer of a machine gun, dealing in firearms without a license, and possession of a machinegun without a serial number. Bishoff was charged by criminal complaint and arrested on Sept. 24, 2019.
As alleged in charging documents, Bishoff sold three firearms to an individual in Fitchburg between May 10 and July 24, 2019, including a machine gun without a serial number on May 15, 2019. In return for the machinegun, the individual paid Bishoff $2,500.
The charge of unlawful possession or transfer of a machine gun 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 dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of possession of a machinegun without a serial number provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $10,000. 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Ashburnham Police Chief Lorring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Edward Lee made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett 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.
Outlaws Motorcycle Club Regional President Arrested on Firearms ChargesRead the Press Release
BOSTON – The regional president of the Outlaws Motorcycle Club was arrested late yesterday and charged with illegal firearms possession.
Bruce Sartwell, a/k/a “Monster,” 48, of East Bridgewater, was charged in a criminal complaint with possession of an unregistered firearm. Following an initial appearance in federal court in Boston, Sartwell was detained pending a probable cause and detention hearing.
As alleged in charging documents, Sartwell is the Regional President of the Brockton/East Bridgewater Chapters of the Outlaws Motorcycle Club. According to records, Sartwell is a convicted felon, and thus prohibited from possessing firearms and ammunition. On Oct. 19, 2019, agents intercepted a package originating in China and addressed to Sartwell that was declared as a “Fuel Filter” but actually contained a firearm silencer. A review of importation records revealed that Sartwell had received approximately 65 shipments from Asia (over 55 of those from China), many of which were labeled as innocuous items that could have been more easily and cheaply purchased in the United States.
On Oct. 30, 2019, a search warrant executed at Sartwell’s residence resulted in the recovery of an AR-15 styled “ghost gun” – a firearm without any manufacturing or serial numbers – and firearm manufacturing tools and assembly parts including milling equipment, buffer spring, buffer tube, air-powered water dremel polish and a drill press. Two firearm silencers concealed in false bottom compartments, a guide for assembly and disassembly of an AR-15 rifle, 20 knives, a black powder handgun, a flare gun, and various ammunition compatible with the AR-15 styled rifle were also found. In the basement of the house, a floor-length mirror concealed the entrance to a hidden storage area that was found to contain a safe with silencer parts and a firearm assembly instruction book.
The charge of possession of an unregistered firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, New England Field Division made the announcement today. The U.S. Postal Inspection Service; Customs and Boarder Protection; Massachusetts State Police; East Bridgewater Police Department; Bristol County Sheriff’s Office; and the Massachusetts Environmental Protection Agency provided assistance with the investigation. Assistant U.S. Attorney Lindsey Weinstein 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.
Dominican National Pleads Guilty to Identity Theft and Stealing MassHealth BenefitsRead the Press Release
BOSTON – A Dominican national formerly residing in Lawrence pleaded guilty yesterday in federal court in Boston to Social Security and benefit fraud.
Ismael Robles Tejeda, 30, pleaded guilty to one count of false representation of Social a Security number and one count of false statements in matters relating to health care. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Jan. 29, 2019.
On Aug. 3, 2015, Robles Tejeda applied for a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican citizen. In October 2015, Robles Tejeda used that Massachusetts identification card to apply for and receive over $17,500 worth of MassHealth benefits in the Puerto Rican citizen’s name. When Robles Tejeda was arrested in April 2019, he had in his pocket a Massachusetts driver’s license issued to him in the identity of the Puerto Rican citizen. Robles Tejeda was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo.
The charges provide for a sentence of up to five years in prison, three years of supervised release, a fine of $250,000, restitution and forfeiture. According to a plea agreement, Robles Tejeda will be sentenced to 18 months in prison and ordered to pay restitution. He will be subject to deportation proceedings upon completion of his sentence. 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; 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; and Phillip Coyne, Special Agent in Charge of Department of Health and Humand Services, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistants U.S. Attorney Lindsey E. Weinstein and Kenneth G. Shine of Lelling’s Major Crimes Unit are prosecuting the case.
Arizona Man Indicted for Sending Methamphetamine Through the MailRead the Press Release
BOSTON – An Arizona man was indicted in federal court in Boston yesterday in connection with his sending methamphetamine through the U.S. mail from Arizona to Massachusetts.
Brandon Greenberg, a/k/a “Brandon Valentine,” a/k/a “Adrian,” 27, of Phoenix, Ariz., was charged with conspiring to distribute methamphetamine and distribution of methamphetamine.
According to charging documents, Greenberg mailed more than 20 parcels containing methamphetamine from Arizona to two residential addresses in Boston and Somerville. A search warrant was executed on one of the parcels and revealed over 900 grams of methamphetamine hidden inside a towel and inside a stuffed animal. Later in the investigation, agents conducted a controlled purchase of methamphetamine from Greenberg and seized 486 grams hidden inside three cereal boxes that were then placed in a package mailed by Greenberg. During the execution of a search warrant at Greenberg’s residence in Phoenix, investigators seized an additional 486 grams of methamphetamine from Greenberg’s bedroom.
United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Melissa Llosa, Inspector in Charge of the U.S. Postal Inspection Service, Phoenix Division; Brian D. Boyle, Special Agent in Charge Of the Drug Enforcement Administration, New England Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William G. Gross; and Peoria (AZ) Police Chief Art Miller made the announcement today. The Middlesex County District Attorney’s Office, Suffolk County District Attorney’s Office, and the Arlington Police Department assisted in the investigation. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics & Money Laundering 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.
California Businessman Sentenced in College Admissions CaseRead the Press Release
BOSTON – A California businessman became the 12th parent to be sentenced in the college admissions case.
Jeffrey Bizzack, 59, of Solana Beach, Calif., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to two months in prison, three years of supervised release, 300 hours per year of community service, and ordered to pay a fine of 250,000. In July 2019, Bizzack pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.
The government recommended a sentence of nine months in prison, one year of supervised release and a fine of $75,000.
Beginning in 2017, Bizzack agreed with William “Rick” Singer and others to pay $250,000 to have his son admitted the University of Southern California (USC) as a volleyball recruit, even though his son did not play competitive volleyball. As part of the scheme, co-conspirator Laura Janke falsified an athletic profile for Bizzack’s son, which depicted him as a nationally ranked volleyball player, and included the photograph of another individual playing volleyball.
In October 2017, a USC athletics administrator, Donna Heinel, secured approval from the USC subcommittee for athletic admissions to admit Bizzack’s son. In December 2017, Bizzack issued a $50,000 check to USC’s “Galen Center” – a restricted account that operated under Heinel’s oversight.
USC mailed Bizzack’s son a formal acceptance letter in March 2018. Bizzack subsequently mailed a $100,000 check to Singer’s sham charity, Key Worldwide Foundation (KWF). In April 2018, he sent a second check to KWF in the amount of $50,000 and had his company wire another $50,000 to KWF.
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.
Convicted Felon Sentenced for Possessing AM-15 Rifle and AmmunitionRead the Press Release
BOSTON – A Holyoke man was sentenced today in federal court in Springfield for illegally possessing an AM-15 rifle and ammunition.
Akeem Castro, 26, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 41 months in prison and three years of supervised release. In April 2019, Castro pleaded guilty to one count of possession of a firearm and ammunition by a convicted felon.
On March 7, 2017, Castro possessed an Anderson Manufacturing AM-15 assault-style rifle and 34 rounds of ammunition. Castro is prohibited from owning a firearm due to a prior felony conviction. Castro admitted that, on that date, he sold the firearm, ammunition, and two magazines capable of holding 30 rounds each, for $1,800 to a government witness in a parking lot in Chicopee.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; and Holyoke Police Chief Manny Febo made the announcement. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office prosecuted the case.
Biotech Company CEO Convicted of Securities Fraud and ObstructionRead the Press Release
BOSTON – The chief executive officer of PixarBio Corp., a Boston-based biotech company, was convicted today of defrauding the company’s investors and obstructing an SEC investigation.
Frank Reynolds, 57, of Newton, was convicted of by a federal jury, following a three-week trial, of one count of securities fraud and three counts of obstructing an agency proceeding. Senior United States District Judge Douglas P. Woodlock scheduled sentencing for Feb. 6, 2020.
The jury convicted Reynolds of defrauding PixarBio investors through manipulative trading of the company’s shares and false and misleading statements about the company’s finances, the timeline for FDA approval of its key drug, and Reynolds’s own background, which he claimed included curing his own paralysis. In fact, the evidence at trial showed that Reynolds was never paralyzed.
Among the false and misleading statements introduced into evidence was a December 2015 email and private placement memorandum, in which Reynolds promised investors that PixarBio’s drug, NeuroRelease, would end “thousands of years of morphine and opiate addiction.” In fact, the evidence at trial demonstrated that the drug would not end opioid addiction, and was simply an existing drug for which PixarBio claimed to have developed an additional means of delivery in a time-release form for post-operative pain.
In August 2016, Reynolds caused PixarBio to issue a press release announcing that a private securities offering underway at the time was oversubscribed, and that the maximum offering amount would be increased from $20 million to $30 million. Two months later, Reynolds caused PixarBio to issue another press release announcing that, due to oversubscription, the maximum offering amount would be increased again from $30 million to $40 million. In fact, the evidence at trial showed that the securities offering was never fully subscribed and had raised less than $10 million.
Reynolds also misrepresented the timeline to FDA approval for NeuroRelease. In a November 2016 securities filing that Reynolds signed as PixarBio’s CEO, the company stated that clinical trials were expected to begin “in late 2017 and US FDA approvals for the NeuroRelease 14-day product are expected in 2018,” despite the fact that PixarBio managers had told Reynolds that this timeline was not achievable.
Reynolds also directed two co-conspirators, Kenneth Stromsland and Jay Herod, to engage in manipulative trading in PixarBio shares that artificially pushed up the stock’s trading price. The evidence demonstrated that Herod shared the proceeds of his trading with Reynolds and PixarBio. Reynolds then misled the SEC about the trading and his prior misstatements in sworn testimony, during which he introduced a backdated document as purported evidence that $300,000 in trading proceeds Herod had given him was actually an investment unrelated to Herod’s trading. Reynolds also induced Herod and Stromsland to mislead the SEC in their own sworn testimony. Herod and Stromsland previously pleaded guilty to securities fraud and obstruction charges and testified at the trial.
The charge of securities fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $5 million. Each count of obstruction carries a maximum sentence of 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Carl W. Hoecker, Inspector General of the U.S. Securities and Exchange Commission Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Leslie A. Wright of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
Jamaican National Sentenced for Illegal Reentry after Fleeing Before SentencingRead the Press Release
BOSTON – A Jamaican national who was on the lam for 10 months was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Anthony Durrant, 52, a Jamaican national who previously resided in Dorchester, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 12 months in prison and three years of supervised release. Durrant will face deportation upon completion of his sentence.
On May 2018, Durrant pleaded guilty to one count of illegal reentry of a deported alien, and sentencing was scheduled for Sept. 13, 2018 in federal court in Boston. At that time, Durrant was detained in state custody on unrelated state charges. On July 3, 2018, Durrant was released from state custody after the state charges were dismissed, despite that fact that two federal detainers had been lodged. Durrant subsequently failed to appear for his sentencing hearing in federal court and was apprehended approximately 10 months later – on July 9, 2019, in California, under an alias.
Durrant was sentenced today for illegally reentering the United States. In January 1998, Durrant illegally entered the U.S. as a stowaway on a cargo ship from Jamaica. After a state conviction for drug offenses, Durrant was deported in July 2012. At some point thereafter, Durrant reentered the U.S., and was then charged in state court in November 2017 with an unrelated offense. At that time, law enforcement officers in Boston determined Durrant to be illegally present in the United States.
United States Attorney Andrew E. Lelling; Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and John Gibbons, U.S. Marshal for District of Massachusetts, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Fugitive Member of “Head Shot Mafia” Drug Crew ArrestedRead the Press Release
BOSTON – A fugitive member of a violent Brockton drug crew charged with fentanyl trafficking has been apprehended.
Jason Miranda, 24, of Taunton, was detained yesterday following an initial appearance in federal court in Boston. Miranda was charged on Oct. 16, 2019, along with co-defendants Placido Armando Pereira, 33; Natalio Miranda, 28; and Djoy Defrancesco, 23, all of Brockton, with conspiracy to distribute and to possess with intent to distribute fentanyl. Miranda had been a fugitive until his arrest on Oct. 23, 2019. During the execution of a search warrant, agents seized fentanyl, a firearm, and $28,000 in cash from the residence where Miranda was apprehended.
As alleged in charging documents, law enforcement began investigating a violent Brockton-area drug crew that distributed large quantities of fentanyl throughout southeastern Massachusetts. The drug crew, which refers to itself as “HSM,” for “Head Shot Mafia,” ran a fentanyl delivery service that encompassed all of Brockton as well as neighboring cities. Specifically, it is alleged that drug users/customers placed orders for fentanyl by contacting a cellphone maintained and shared by HSM crew members, and that HSM members worked together to deliver the fentanyl order. Beginning in September 2019, an undercover law enforcement officer made six purchases of fentanyl from members of the crew.
The charge of conspiracy to distribute and possess with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of up to $1 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; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Brockton Police Chief John Crowley; John Gibbons, U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy J. Cruz made the announcement today. Assistance was provided by the East Bridgewater, West Bridgewater, Whitman and Bridgewater State University Police Departments as well as the Plymouth County Sheriff’s Office. Assistant U.S. Attorney Christopher Pohl of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.