District of Massachusetts
Press releases recorded for this federal judicial district.
Fresenius Agrees to Pay $5.2 Million to Resolve Allegations that it Overbilled Medicare for Hepatitis B TestsRead the Press Release
BOSTON – The United States Attorney’s Office announced today that Fresenius Medical Care Holdings, Inc., d/b/a Fresenius Medical Care North America, Inc., the largest operator of kidney dialysis clinics in the United States, has agreed to pay $5.2 million to resolve allegations that the company tested dialysis patients for Hepatitis B surface antigen more frequently than medically necessary and then billed Medicare for the unnecessary tests.
“Providers are expected to closely follow Medicare rules and bill properly — nothing more, nothing less,” said United States Attorney Andrew E. Lelling. “When that obligation is violated, government health care programs – and American taxpayers – pay the price. This settlement is an example of how whistleblowers and government can work together to recoup and deter overbilling practices.”
Patients suffering from End Stage Renal Disease (ESRD) and Chronic Renal Disease (CRD) require dialysis treatments 3-4 times a week because their kidneys no longer can perform some functions naturally. Because certain ESRD and CRD patients are at risk of contracting Hepatitis B, a virus-borne disease that affects the liver, Medicare established a testing frequency schedule for dialysis clinics to follow for reimbursement. The schedule depended on each patient’s immunity to Hepatitis B infection, as determined through the result of a Hepatitis B antibody test. The schedule provided for reimbursement of monthly Hepatitis B surface antigen tests for patients who were not immune, but Fresenius also conducted, and billed Medicare for, frequent tests of patients it knew to be immune between Feb. 10, 2003 and Dec. 31, 2010. In many cases, Fresenius performed and billed Medicare for these tests for immune patients against their treating physicians’ orders and without any accompanying documentation of medical necessity. These tests were not eligible for Medicare reimbursement under Medicare’s testing frequency schedule, and the government alleged that Fresenius’s bills for these tests were false.
A former employee of Fresenius, Christopher Drennen, brought these allegations through a whistleblower lawsuit. Under the qui tam provisions of the False Claims Act, private individuals, known as relators, can sue on behalf of the government for false claims and share in any recovery. In connection with today’s announced settlement, Mr. Drennen will receive 27.5% of the recovery.
U.S. Attorney Lelling and Phillip M Coyne, Special Agent in Charge of the Office of the Inspector General for the U.S Department of Health and Human Services made the announcement today. Assistant U.S. Attorneys Abraham George, Kriss Basil, Steven Sharobem, Jessica Weber, and Christine Wichers handled the case.
Brockton Man Sentenced for Possession of Child PornographyRead the Press Release
BOSTON – A Brockton man was sentenced today in federal court in Boston for possession of child pornography.
Alex Levin, 52, was sentenced by U.S. District Court Judge William G. Young to 78 months in prison, five years of supervised release, and restitution to be determined at a later time. In May 2019, Levin was convicted following a four-day jury trial of one count of possession of child pornography.
In August 2015, a search warrant was executed at Levin’s Norwood residence following a nation-wide investigation into the use of the Dark Web for the trade of child pornography. As a result of the search, videos and images depicting the rape and abuse of young children were found on Levin’s computer.
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. Valuable assistance was provided by the Boston Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, prosecuted 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/.
Operators of Charter Bus Company Plead Guilty to Bribing Federal Safety InspectorRead the Press Release
BOSTON – The owner and safety manager of a charter bus company operating in Massachusetts pleaded guilty today to bribing a federal safety investigator in order to influence the safety review of the passenger buses.
Le Wen Wu, 49, and Yat Kuen Chan, a/k/a “Andy,” 41, both of Quincy, each pleaded guilty to one count conspiracy to pay an unlawful gratuity and to bribe a public official, one count of unlawful gratuities to a public official, and one count of bribery of a public official. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for Jan. 9, 2020. Wu and Chan were charged in November and September 2018, respectively.
L&W Travel Inc. was a passenger bus charter company purportedly located on Cambridge Street in Boston. Wu was the owner, president, treasurer, secretary, vice president and director of L&W, and Chan acted as the safety manager. In January 2018, L&W applied to register as a charter bus company with the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA, which is part of the U.S. Department of Transportation, establishes and enforces safe operating requirements for motor carriers, including mandatory safety audits within the first year of operation.
On multiple occasions in July and August 2018, during a safety audit of L&W, Wu and Chan gave a total of $2,800 in cash to an FMCSA safety investigator to influence the investigator’s compliance review and safety audit of L&W. For example, on Aug. 1, 2018 Chan gave the investigator $600 so that the investigator would not place an L&W bus immediately out of service based on two significant safety violations – inadequate brakes and a defective emergency exit door – but rather, would allow L&W to fix the brakes in Massachusetts and drive the bus to New Jersey for repair of the door.
The charge of conspiracy to pay unlawful gratuity and to bribe a public official provides for a sentence of no greater than five years in prison, one year of supervised release and a fine of $250,000. The charge of unlawful gratuities to a public official provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. The charge of bribery of public officials provides for a sentence of no greater than 15 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; Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General; 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 Kristina Barclay of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.
Husband and Wife Sentenced to Prison in College Admissions CaseRead the Press Release
BOSTON – A husband and wife were sentenced to prison today for paying $125,000 to participate in the college entrance exam cheating scheme for their daughter.
Gregory Abbott, 68, and Marcia Abbott, 59, of New York, N.Y., were each sentenced today by U.S. District Judge Indira Talwani to one month in prison, one year of supervised release, ordered to complete 250 hours of community service and to each pay a fine of $45,000. In May 2019, the Abbotts pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.
The government recommended that the Abbotts each be sentenced to eight months in prison, one year of supervised release and a fine of $40,000.
Beginning in 2018, Gregory and Maria Abbott conspired with William “Rick” Singer and others to have their daughter’s ACT exam and SAT II subject tests corrected, thereby fraudulently inflating the scores. In April 2018, Gregory Abbott wired $50,000 to Singer’s sham charity, the Key Worldwide Foundation (KWF), to pay for the scheme. Later that month, the Abbotts’ daughter took the ACT exam at a test center in West Hollywood that Singer “controlled” through the center’s corrupt administrator. After the Abbotts’ daughter completed the exam, defendant Mark Riddell corrected her answers. As a result of the cheating scheme, the Abbotts’ daughter received a fraudulent score of 35 out of 36 on the exam.
In June 2018, the Abbotts arranged with Singer for someone to correct her daughter’s answers on the SAT subject tests to increase her score. The Abbotts then paid $75,000 to KWF. In October 2018, the Abbotts’ daughter took the exams, again at the West Hollywood test center, and again, Riddell corrected her answers. As a result of the scheme, the Abbotts’ daughter received a perfect score of 800 on the math subject test and 710 on the literature test.
The Abbotts are the 6th and 7th parents to be sentenced in the college admissions case. Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
Haitian Man Sentenced to Prison in Connection with Wire Fraud ConspiracyRead the Press Release
BOSTON – A Haitian man who previously resided in Florida was sentenced today in federal court in Boston in connection with the fraudulent abuse of the U.S. Postal Service’s (USPS) Informed Delivery electronic notification system.
Peter Belony, 34, a Haitian national who resided in Margate, Fla., was sentenced by U.S. District Court Judge Douglas P. Woodlock to two years in prison, three years of supervised release and ordered to pay $177,086 in restitution.
In June 2019, Belony pleaded guilty to one count of conspiracy to commit wire fraud. Belony and his co-conspirators, Fred Alcius, Lucson Appolon, and Kevens Louis were charged on April 9, 2019. Co-conspirators Appolon and Louis have pleaded guilty and are awaiting sentencing, and Alcius remains a fugitive.
Informed Delivery is a free electronic notification service provided by the USPS that gives residential and P.O. Box customers the ability to digitally preview their incoming mail and manage their packages.
According to the indictment, the defendants accessed victims’ personal identifying information, including names, Social Security numbers, dates of birth, and addresses on the “dark web” and then used the information to open credit cards in the victims’ names. The defendants then subscribed to Informed Delivery using the victims’ personal identifying information and a fraudulent email address created to track the delivery of credit cards to the victims’ residential mailboxes. The defendants subsequently intercepted the credit cards at the victims’ mailboxes before the victims could receive them and used those credit cards at ATMs and to purchase gift cards and other items for resale at Apple and Walmart, among other retail establishments. The defendants traveled to states across the East Coast in furtherance of the fraud, including New Hampshire, Maine, and Massachusetts.
United States Attorney Andrew E. Lelling and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Valuable assistance was provided by Homeland Security Investigations in Boston; the Concord, Fort Lauderdale (Fla.), Harvard, Kittery (Maine), Norfolk, Plantation (Fla.), Sherborn, and Weston Police Departments. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Cybercrime Unit prosecuted the case.
Florida Man Sentenced for Social Security and Wire FraudRead the Press Release
BOSTON – A Florida man was sentenced today in federal court in Springfield in connection with his submission of a fraudulent application for employment at a Western Massachusetts hospital.
Fabrizio I. Pluchino, a/k/a “Fabrizio Pulchino,” 56, of Florida, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (approximately 9.5 months in prison) and three years of supervised release. In July 2019, Pluchino pleaded guilty to one count of using a falsely obtained Social Security number and one count of wire fraud.
Pluchino was assigned a Social Security number in 1988 and subsequently falsely obtained two additional Social Security numbers in 1991 and 2000, respectively. Around November 2013, Pluchino used one of his falsely obtained Social Security numbers on pre-employment documents when he applied to be a cardiac surgical technologist at a Western Massachusetts hospital. He also falsely represented his work history and provided two false employment references. As a result, the hospital hired Pluchino for the position and paid Pluchino more than $190,000 in wages during his employment.
United States Attorney Andrew E. Lelling; Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; 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. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office prosecuted the case.
Belgian National Pleads Guilty to Scam Targeting Charities and Law FirmsRead the Press Release
BOSTON – A Belgian man pleaded guilty today in federal court in Boston to charges that he participated in an e-mail scam that used counterfeit cashier’s checks to defraud charities and law firms.
Aref Zokita Said, 37, of Belgium, pleaded guilty to eight counts of wire fraud and conspiracy to commit wire fraud. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Jan. 10, 2019.
Beginning no later than August 2013, Said and his co-conspirators defrauded law firms and non-profits, including charities, by sending them fraudulent cashier’s checks and convincing them to wire money to members of the scheme, with the false assurance that the fake checks would cover the expense. Once the checks were discovered to be fraudulent—after the victims’ bank accounts were debited—the victims were left with thousands of dollars in losses, having unwittingly forwarded their own money to a member of the conspiracy.
The charging statutes provides 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 involved in the scam, 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; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Joseph W. Cronin, Special Agent in Charge for the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorneys Kristen Kearney and Brian A. Pérez-Daple of Lelling’s Criminal Division prosecuted the case.
North Attleboro Man Indicted on Child Pornography OffensesRead the Press Release
BOSTON – A North Attleboro man was charged on Thursday, Oct. 3, 2019, with child pornography offenses.
Nicholas Robillard, 39, was indicted on one count each of distribution and possession of child pornography. Robillard made an initial appearance on Friday, Oct. 5, 2019, before Magistrate Judge Judith G. Dein, and was ordered detained in state custody pending related state charges.
As alleged in charging documents, Robillard distributed and possessed child pornography on various dates between Oct. 16, 2018 and Feb. 14, 2019.
Based on his prior record, Robillard faces a minimum sentence of 15 years and up to 40 years in prison on the charge of distribution of child pornography, and a minimum of 10 years and up to 20 years in prison on the charge of possession of child pornography. Both offenses provide for a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district 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 Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police made the announcement today. The Bristol County District Attorney’s Office provided assistance with the investigation. 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 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.
Former Executive Assistant Charged and Agrees to Plead Guilty in Connection with Embezzling over $3 MillionRead the Press Release
BOSTON – The former executive assistant of a Waltham-based technology company has been charged and agreed to plead guilty in connection with a fraud and embezzlement scheme that netted over $3 million.
Shivani Patel, 38, of Vineyard Haven, was charged with bank fraud, money laundering and filing false tax returns. A plea hearing has not yet been scheduled by the Court. According to the terms of the plea agreement, the government will recommend a sentence of 57 months in prison, three years of supervised release, a fine between $20,000 and $200,000, restitution and forfeiture.
According to court documents, as an executive assistant to the chief financial officer, Patel’s duties included retrieving incoming mail containing customer checks made payable to her employer, recording the checks into the payment system, and depositing the checks into her employer’s bank account.
From at least February 2012 through July 2017, Patel embezzled approximately $3,076,369 from her then employer for her personal use. Specifically, in February 2012, Patel created a company with a name nearly identical to that of her then employer — i.e., using her employer’s name but just adding an “s” to the end — and opened a business banking account in the sham company’s name. Thereafter, Patel took customer checks payable to her employer from the mail, deposited those checks into the sham company’s bank account, and concealed her embezzlement by making false entries in her employer’s billing system. To disguise and conceal the nature of these funds, Patel funneled this money through multiple bank accounts.
In addition, Patel filed income tax returns for the tax years 2012 through 2016 in which she intentionally underreported her income by failing to disclose the money she had stolen from her employer.
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, restitution and forfeiture. The charge of money laundering provides for a sentence of up to 20 years, three years of supervised release, a fine of $500,000 or twice the amount involved in the transaction, restitution and forfeiture. The charge of filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release, a fine of $100,000, restitution and forfeiture. 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 Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Justin D. O’Connell of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Californian Vintner Sentenced to Five Months in Prison in College Admissions CaseRead the Press Release
BOSTON – A Californian vintner was sentenced today in federal court in Boston for paying $50,000 to have his daughter’s SAT scores artificially inflated, and agreeing to another $250,000 to have her fraudulently recruited to the University of Southern California (USC) as a water polo player.
Agustin Francisco Huneeus, 53, of San Francisco, Calif., was sentenced by U.S. District Judge Indira Talwani to five months in prison, two years of supervised release, ordered to complete 500 hours of community service and to pay a fine of $100,000. In May 2019, Huneeus pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.
The government recommended a sentence of 15 months in prison, one year of supervised release and a fine of $95,000.
Beginning in 2017, Huneeus conspired with William “Rick” Singer and others to have his daughter’s college entrance exam corrected, thereby fraudulently inflating the score. Over the course of several months, Huneeus took steps to facilitate the scheme, including securing extended time for his daughter to take the SAT, lying to her high school guidance counselors, and arranging for her to take the exam at a test center in West Hollywood that Singer “controlled” through the center’s corrupt administrator. In March 2018, Huneeus’s daughter took the SAT with the help of co-conspirator Mark Riddell, thereby receiving an artificially higher score. The following month, Huneeus made a purported contribution of $50,000 to Singer’s shame charity, the Key Worldwide Foundation, to pay for the scheme.
Huneeus was not happy with the results of the fraudulent exam scheme, and considered pursuing it on two more occasions. Ultimately, Huneeus decided to use the college recruitment scheme to guarantee his daughter’s admission to USC. During a call intercepted by a court-authorized wiretap, Singer explained the recruitment scheme in detail and the cost to Huneeus. In September 2018, Singer sent Donna Heinel, the senior athletic director at USC, an email with Huneeus’s daughter’s high school transcript, fraudulent SAT score, a fabricated athletic profile, and a photograph that was intended to appear to be Huneeus’s daughter playing water polo. In November 2018, Heinel emailed Singer a conditional acceptance letter for Huneeus’s daughter stating that she was admitted to USC as a water polo player. Later that month, Huneeus sent a $50,000 check to Heinel purportedly for the “USC Women’s Athletics Board.” Ultimately, Huneeus was arrested before making the final agreed-up payment of $200,000 to Singer.
Co-defendants Felicity Huffman, Devin Sloane, Stephen Semprevivo, and Gordon Caplan were previously sentenced to two weeks, four months, four months, and one month in prison, respectively.
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 details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
Worcester Man Indicted for Illegal Possession of a FirearmRead the Press Release
BOSTON – A Worcester man was indicted today for being a felon in possession of a firearm and ammunition.
Lawrence Rutherford, 37, was indicted on one count of being a felon in possession of a firearm and ammunition. Rutherford was arrested on Sept. 6, 2019, and charged by criminal complaint.
According to court documents, on June 5, 2019, law enforcement agents found two guns and more than 600 rounds of ammunition in Rutherford’s home while executing a search warrant. Rutherford 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, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly 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. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office 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.
Two Men Sentenced for Receiving Cocaine from Puerto Rico via the MailRead the Press Release
BOSTON – A Boston man and a Framingham man were sentenced yesterday for receiving kilograms of cocaine through the United States mail.
Pablo Santiago-Cruz, 48, of Boston, was sentenced by U.S. District Court Senior Judge George A. O’Toole Jr., to 180 months in prison and four years of supervised release after pleading guilty to conspiring to possess with intent to distribute 500 grams or more of cocaine, possession with intent to distribute cocaine and assaulting federal officers.
Carlos Reyes, 50, of Framingham, was sentenced by Judge O’Toole to 210 months in prison and four years of supervised release after being convicted at trial of conspiring to possess with intent to distribute 500 grams or more of cocaine and possession with intent to distribute 500 grams or more of cocaine.
Santiago-Cruz and Reyes participated in a conspiracy to obtain cocaine from Puerto Rico via the United States mail from at least March 2016 through July 2016. As part of the investigation, more than 30 suspicious parcels were identified that were sent from Puerto Rico to individuals known to be associated with Santiago-Cruz. These parcels were delivered to co-conspirators at residences in Quincy and Framingham, and to commercial mail receiving facilities in Canton and Randolph.
Santiago-Cruz was one of the leaders of the conspiracy and made arrangements for other individuals, including Reyes, to receive parcels containing kilograms of cocaine on his behalf. On July 18, 2018, a law enforcement officer stopped a vehicle driven by Reyes and seized a kilogram of cocaine that was hidden inside a toy oven in the trunk of the vehicle. The next day, a search warrant was executed at Santiago-Cruz’s apartment in Roslindale. Upon hearing the agents knock and announce their presence, Santiago-Cruz raced to the kitchen to grab a silver bowl with cocaine from under the sink and then fled to the bathroom, where he attempted to flush approximately 93 grams of cocaine down the toilet. Santiago-Cruz ignored repeated directions from the officers to stop. When the agents then attempted to subdue Santiago-Cruz, he physically resisted and struck several of the officers, resulting in physical injuries to the officers.
According to court records, both Reyes and Santiago-Cruz have previously been convicted of federal drug trafficking offenses. In 2002, Reyes was sentenced to 188 months in federal prison, and was on supervised release at the time that he participated in the conspiracy with Santiago-Cruz. In 2007, Santiago-Cruz was sentenced to serve 70 months in federal prison in connection with attempted receipt of cocaine from Puerto Rico, and violated the conditions of his supervised release four times.
Five people, including Santiago-Cruz and Reyes, were convicted as part of this investigation. On Sept. 17, 2017, Angel Morales, 47, of Stoughton, was sentenced to 96 months in prison. On Nov. 5, 2018, Roberto Fonseca-Rivera, 43, of Roslindale, was sentenced to one year and one day in prison. On Jan. 24, 2019, Jorge Montalvo, 50, of Roslindale, was sentenced to 30 months in prison.
United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry Gilpin, Superintendent, Massachusetts State Police; Jason Molina, Special Agent in Charge of Homeland Security Investigations in Boston; Norfolk County District Attorney Michael W. Morrissey; and Stoughton Police Chief Donna McNamara made the announcement today. Assistant U.S. Attorneys James E. Arnold and Craig E. Estes of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Statement from U.S. Attorney Lelling Regarding Drug Injection SitesRead the Press Release
“Opioid overdose deaths are down 11% over this time last year, a substantial drop and the continuation of a multi-year trend. Now would not be the time to open a site for the purpose of making it easier to take heroin and fentanyl.
Despite the constant repetition by proponents of these sites, there are no reliable studies showing that they reduce overall numbers of overdose deaths or, more importantly, help addicts get clean. And, yes, people have died in drug injection facilities. Meanwhile, these sites are harmful to the communities that host them, as they attract high concentrations of drug users, followed by drug dealers, and so an increase in crime.
We’re aware of the decision yesterday by a single district court judge in Philadelphia. We respectfully disagree with it, and it is only the first step in a long process of judicial review for this important issue. As the Deputy Attorney General said yesterday, efforts to open injection facilities, including here in Massachusetts, will be met with federal enforcement.”
Springfield Man Sentenced to 19 Years for Narcotics, Money Laundering and Firearms OffensesRead the Press Release
BOSTON - A Springfield man was sentenced in federal court in Boston today in connection to his role in a firearms, narcotics and money laundering conspiracy.
Dinelson Dinzey, 35, was sentenced by U.S. District Court Judge William G. Young to 19 years in prison and 10 years of supervised release. In May 2019, Dinzey pleaded guilty to one count of conspiracy to distribute heroin, cocaine, and 280 grams or more of crack cocaine; five counts of distribution and possession with intent to distribute heroin, cocaine, and crack cocaine; two counts of money laundering conspiracy; one count of conspiracy to engage in the unlicensed dealing of firearms; one count of engaging in the unlicensed dealing of firearms; and one count of being a felon in possession of a firearm. Dinzey and seven others were charged in a superseding indictment on Dec. 21, 2018.
According to court documents, Dinzey and co-defendant Nia Moore-Bush obtained narcotics in the Springfield area, transported them to Vermont themselves or via couriers, and distributed the drugs in the Barre area, where drug prices are much higher than in Springfield.
Dinzey then conspired to launder the proceeds of the drug sales through bank accounts allegedly held by another co-defendant, Daphne Moore, in trust for Moore-Bush. Court records state that the organization would make cash deposits in Vermont, and Moore-Bush and Moore would facilitate the withdrawal of those funds from the accounts in Massachusetts. Dinzey also conspired with Moore-Bush to launder drug proceeds through the purchase of an Audi vehicle.
Dinzey also conspired with Moore-Bush and others to engage in the unlicensed dealing of firearms and in a May 5, 2017 firearms sale. According to court documents, six firearms involved in this conspiracy were traced to individuals connected to Vermont or New Hampshire. According to court records, Dinzey was convicted of felony drug offenses in state courts on three prior occasions.
Moore-Bush and Moore have pleaded not guilty and are awaiting trial.
United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division, made the announcement. Valuable assistance was provided by the Internal Revenue Service’s Criminal Investigations in Boston; Massachusetts State Police; Vermont State Police; and the Montpelier (VT) and Barre (VT) Police Departments. Assistant U.S. Attorneys Katharine A. Wagner of Lelling’s Springfield Office and Amy Harman Burkart of Lelling’s Boston Office are prosecuting the cases.
Randolph Woman Pleads Guilty to Bank Fraud and ID TheftRead the Press Release
BOSTON – A Randolph woman pleaded guilty today in connection with a scheme to impersonate bank customers and fraudulently withdraw money from their bank accounts.
Carlyann Amos, 21, pleaded guilty to one count of conspiracy to commit bank fraud, and one count of aiding and abetting aggravated identity theft. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Jan. 7, 2020.
In 2017, Amos was working as a bank teller at a Santander Bank branch in Weymouth, when she was recruited to assist in conducting fraudulent transactions in victim bank accounts. On two occasions in December 2017 and January 2018, she assisted other co-conspirators in conducting transactions in two Santander Bank customers’ accounts using fraudulent driver’s licenses. Amos and her co-conspirators fraudulently withdrew more than $815,000 from the customers’ accounts.
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 mandatory sentence of two years, to be served consecutively to any other imposed sentence, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorneys Leslie A. Wright and Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
Lynn Man Charged with Aggravated Identity Theft and Stealing Government BenefitsRead the Press Release
BOSTON – A Lynn man was arrested yesterday and charged in federal court in Boston with theft of government benefits and aggravated identity theft.
John Doe, whose true identify is unknown, was indicted on two counts of theft of public money, one count of false statement on an application for Social Security benefits, and one count of aggravated identity theft.
According to the charging document, Doe made a false statement in an application for Social Security benefits in July 2019. In addition, Doe is charged with stealing over $16,000 in MassHealth benefits from October 2008 through July 2016, and over $12,000 in Food Stamps from September 2009 through July 2016.
The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of making false statements in an application for Social Security benefits provides for a sentence of up to five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. 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. 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; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki 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.
Lawrence Man Pleads Guilty to Fentanyl PossessionRead the Press Release
BOSTON – A Lawrence man pleaded guilty in federal court in Boston today to possession with intent to distribute 400 grams or more of fentanyl.
Yoan Paniagua, 24, pleaded guilty to possession with intent to distribute 400 grams or more of fentanyl. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Jan. 9, 2020. Paniagua was arrested and charged in March 2019.
On March 12, 2019, law enforcement stopped Paniagua, who was driving on Route 495 in Andover, and seized approximately 500 grams of fentanyl from his vehicle.
The charge of possession with intent to distribute 400 grams or more of fentanyl provides for a minimum mandatory sentence of 10 years and up to life in prison, a minimum of five years of supervised release, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Fourth Parent Sentenced to Prison in College Admissions CaseRead the Press Release
BOSTON – The former co-chairman of a global law firm became the fourth parent to be sentenced to prison in connection with his involvement in the college admissions case.
Gordon Caplan, 53, of Greenwich, Conn., was sentenced today by U.S. District Judge Indira Talwani to one month in prison, one year of supervised release, ordered to complete 250 hours of community service and to pay a fine of $50,000. In May 2019, Caplan pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.
The government recommended a sentence of eight months in prison, one year of supervised release and a fine of $40,000.
Beginning in 2018, Caplan conspired with William “Rick” Singer and others to have his daughter’s college entrance exam corrected, thereby fraudulently inflating the score. During a June 2018 phone call, Caplan and Singer discussed the scheme and the cost. Over the next several months, Caplan took steps to facilitate the scheme, including securing extended time for his daughter to take the ACT and arranging for her to take the exam at a test center in West Hollywood that Singer “controlled” through the center’s corrupt administrator. During a phone call with Singer that was intercepted pursuant to a Court-authorized wiretap, Caplan noted that he was “not worried about the moral issues here.” Caplan ultimately made payments totaling $75,000 to Singer’s sham charity, the Key Worldwide Foundation, to pay for the scheme.
Co-defendants Felicity Huffman, Devin Sloane, and Stephen Semprevivo were previously sentenced to two weeks, four months, and four months in prison, respectively.
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 case.
Dominican National Sentenced for Identity TheftRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence was sentenced today in federal court in Boston for Social Security fraud and aggravated identity theft.
Yonelin Manuel Baez Soto, 24, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to two years and one day in prison and two years of supervised release. In June 2019, Baez Soto pleaded guilty to three counts of false representation of Social Security numbers and three counts of aggravated identity theft. Baez Soto will be subject to deportation proceedings upon completion of his sentence.
On Oct. 15, 2014, Oct. 17, 2014, and Aug. 4, 2015, Baez Soto applied for a Massachusetts learner’s permit and/or a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican born United States Citizen. In September 2018, law enforcement agents encountered Baez Soto when he was serving a sentence at Essex County Correctional Facility for possession with intent to distribute fentanyl in the Puerto Rican man’s identity. Baez Soto was identified from, among other things, 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 Convicted of Identity Theft OffensesRead the Press Release
BOSTON – A Dominical national who has been arrested numerous times under a false identity for heroin offenses pleaded guilty today to identity theft charges.
Marlon Suazo Santos, 31, a Dominican national who resided in Dorchester, pleaded guilty to two counts of false representation of a Social Security number and one count of aggravated identity theft. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Jan. 14, 2020.
Suazo Santos used the identity of a U.S. citizen on more than a dozen applications submitted to the Massachusetts Registry of Motor Vehicles for driver’s licenses and other identification documents. Suazo Santos also used this identity on applications for MassHealth benefits and during booking when arrested for numerous heroin-related offenses and other crimes.
The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
Dominican National Charged with Unlawful ReentryRead the Press Release
BOSTON – A Dominican national was charged today in federal court in Boston with one count of unlawful re-entry of a deported alien.
Reymond Arias Valdez, 25, who resided in Providence, RI, was indicted on one count of unlawfully re-entering the United States after being deported. According to the indictment, Arias Valdez was removed in April 2019 and subsequently re-entered the United States without permission.
Arias Valdez faces a sentence of up to two 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 Marcos D. Charles, Acting Field Office Director of U.S Immigration and Customs Enforcement, Enforcement and Removal Operations, New England Field Division made the announcement today. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, 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.
Dennis Port Man Indicted on Child Pornography ChargesRead the Press Release
BOSTON – A Dennis Port man was indicted today in federal court in Boston on charges of receipt and possession of child pornography.
Sean Gleason, 35, was indicted by a federal grand jury on one count of receipt of child pornography and one count of possession of child pornography. An arraignment date has not yet been scheduled. On Sept. 10, 2019, Gleason was arrested and charged by criminal complaint and has been in custody since.
Following an investigation into the use of a messaging application in the exchange of child pornography, a federal search warrant was executed at a residence in Dennis Port. A preliminary forensic review of Gleason’s cell phone revealed hundreds of images of child pornography.
The charges of receipt and possession of child pornography each carry a sentence of up to 20 years in prison, and the charge of receipt of child pornography carries a mandatory minimum sentence of five years in prison. Both charges provide for a mandatory minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Jason A. Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
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.
Boston Man Charged with Being Felon in Possession of FirearmRead the Press Release
BOSTON – A Boston man was indicted today in federal court in Boston for being a felon in possession of a firearm and ammunition.
Elvis R. Abinader, 20, was indicted by a federal grand jury on one count of being a felon in possession of a firearm and ammunition. Abinader was initially charged by criminal complaint and has been in custody since Sept. 10, 2019.
The indictment alleges that Abinader possessed a Ruger .380 caliber pistol with an obliterated serial number and three rounds of ammunition on June 24, 2019, at the Mt. Pleasant Play Area, a playground in Boston. Federal law prohibits Abinader from possessing a firearm or ammunition due to a prior felony conviction for a narcotics distribution offense.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Suffolk County District Attorney Rachael Rollins; and Boston Police Commissioner William G. Gross made the announcement today. Assistant U.S. Attorney James R. Drabick of Lelling’s Criminal Division is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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.
Worcester Man Sentenced for Role in Multi-Kilogram Cocaine ConspiracyRead the Press Release
BOSTON – A Worcester man was sentenced yesterday in federal court in Worcester for his role in a cocaine trafficking ring responsible for smuggling over 20 kilograms of cocaine into central Massachusetts.
Japhet Garcia, 33, was sentenced by U.S. District Court Judge Timothy S. Hillman to three and a half years in prison and two 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.
In December 2017, Garcia was captured on postal facility surveillance footage, with co-conspirator Jose Gonzalez, attempting to retrieve a package sent from Puerto Rico that had been found to contain three kilograms of cocaine. That month, agents also recovered over $70,000 in cash from Garcia’s luggage as he attempted to board a flight to Puerto Rico.
In January 2018, wiretaps and surveillance revealed Garcia’s participation in the attempted smuggling of six kilograms of cocaine from Puerto Rico, using a U.S. Postal employee to retrieve the packages of cocaine. As the scheme unfolded, agents seized one of the packages (found to contain three kilograms of cocaine) and allowed the second to be delivered to the conspiracy members under continuing electronic and physical surveillance. After observing the postal employee deliver the suspect package to a member of the conspiracy, authorities arrested Garcia and the co-conspirators. The second package was seized, and was found to contain another three kilograms of cocaine. Over $40,000 in cash and drug ledgers documenting the sale of well over 20 kilograms of cocaine were also seized during a search of Garcia’s residence and an adjacent apartment.
Garcia is the second of four defendants charged to be sentenced in this investigation. Jose Gonzalez was sentenced on Sept. 25, 2019, to 10 years in prison. Co-defendant Deibby Garcia is scheduled to be sentenced on Nov. 1, 2019, and co-defendant Erick Cruz is scheduled to be sentenced on Nov. 8, 2019. Another alleged member of the conspiracy, Caroline Cartagena, faces state charges.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph 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 is prosecuting the case.
Dominican National Living in Lawrence Pleads Guilty to Possession of Fentanyl with Intent to DistributeRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to possession with intent to distribute fentanyl.
Santos Obispo Guerrero Lara, 35, pleaded guilty to one count of possession with intent to distribute fentanyl before U.S. District Court Judge Allison D. Burroughs, who scheduled sentencing for Jan. 7, 2019. Lara was indicted on June 26, 2019 and is currently in custody.
According to court documents, Lara attempted to sell approximately 20g of fentanyl to an undercover agent. Lara was arrested in Lawrence on June 6, 2019, as part of a 10-week coordinated enforcement operation in the Merrimack Valley called “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.
The charge of possession of fentanyl with intent to distribute provides for a sentence of up to 20 years in prison, at least three years of supervised release and a $1 million fine. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Jason J. Molina, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Boston made the announcement today. Valuable assistance was provided by the Andover Police Department. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Criminal Division is prosecuting the case.
California Man Sentenced for Making Violent Threats Against Newspaper EmployeesRead the Press Release
BOSTON – A California man was sentenced today in federal court in Boston in connection with making violent threats against Boston Globe employees in retaliation for the newspaper’s editorial response to political attacks on the media.
Robert D. Chain, 69, of Encino, Calif., was sentenced by U.S. District Court Judge William G. Young to four months in prison, three years of supervised release and ordered to pay a fine of $3,500 and restitution in the amount of $16,512 to the Boston Globe. In May 2019, Mr. Chain pleaded guilty to seven counts of making threatening communications in interstate commerce.
On Aug. 10, 2018, the Boston Globe announced that it was requesting other newspaper publications around the country to publish a coordinated editorial response to political attacks on the media. The coordinated editorial response was to be published on Thursday, Aug. 16, 2018. Immediately following the announcement, Chain began making threatening telephone calls to the Boston Globe’s newsroom. In the calls, Chain referred to the Globe as “the enemy of the people” and threatened to kill newspaper employees. In total, Chain made approximately 14 phone calls to the Globe between Aug. 10 and 22, 2018.
On Aug. 16, 2018, the day the coordinated editorial response was published in the Boston
Globe, Chain called the Globe newsroom and threatened to shoot Globe employees in the head “later today, at 4 o’clock.” As a result of that call, local law enforcement responded to the
Globe’s offices and maintained a presence outside the building to ensure the safety of employees.
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. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Los Angeles Field Division; the Drug Enforcement Administration, Los Angeles Division; the U.S. Postal Inspection Service, Los Angeles Division; the California Highway Patrol; the Los Angeles Police Department; the Boston Police Department; and the FBI’s Joint Terrorism Task Force in Boston. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit prosecuted the case.
Boston Man Indicted for Being a Felon in Possession of FirearmRead the Press Release
BOSTON – A Boston man was indicted today for being a felon in possession of a firearm.
Naysaan Austin, 23, was charged with one count of being a felon in possession of a firearm. Austin was arrested on Sept. 19, 2019, and charged by criminal complaint.
According to court documents, on June 16, 2019, Austin was arrested in Dorchester for carrying a Sig Sauer .22 caliber Mosquito Pistol loaded with five rounds of ammunition. The serial number on the gun was obliterated. Austin is prohibited from possessing a firearm due to prior convictions punishable by more than one year in prison.
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 Boston Police Commission William G. Gross made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Criminal Division 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.
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.
Worcester Man Arrested for Possession of Child PornographyRead the Press Release
BOSTON – A Worcester man was arrested yesterday and charged with possession of child pornography.
Kenneth Gianatasio, 40, was arrested and charged with one count of possession of child pornography. Gianatasio was detained pending a detention and probable cause hearing scheduled for Oct. 3, 2019.
As alleged in charging documents, on Aug.5, 2019, Gianatasio initiated a conversation with an undercover agent on Kik Messenger. During the conversation, Gianatasio allegedly requested to meet the agent in order to engage in sexual activity with the agent’s fictitious underage daughter. Gianatasio was subsequently interviewed by law enforcement and stated that he had used Kik to communicate with parents of underage girls in order to engage in sexual activity with the girls. A search of Gianatasio iPhone yielded multiple videos of child pornography.
The charging statute provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Jason Molina, Special Agent in Charge of Homeland Security Investigations in Boston; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester Branch 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.
Restaurant Owner Sentenced for Failing to File a Tax ReturnRead the Press Release
BOSTON – A Connecticut restaurant owner was sentenced on Friday, Sept. 27, 2019, in federal court in Springfield for failing to file tax returns.
Giuseppe Scuderi, 62, of West Suffield, Conn., was sentenced by U.S. District Court Judge Mark G. Mastroianni to six months in prison and ordered to pay $170,769 in restitution. In June 2019, Scuderi pleaded guilty to one count of failing to file a tax return for the year 2015, and his company, Scuderi’s Inc., pleaded guilty to five counts of filing false tax returns for the years 2010 through 2014. Scuderi and Scuderi’s Inc. were charged on May 3, 2019.
According to court documents, Scuderi was the owner of a Southwick restaurant that generated a substantial amount of cash sales. From 2010 to 2014, Scuderi took cash from the business, did not declare it as income, and kept two sets of books, which depicted both the actual sales of the business and the sales disclosed on his tax returns. As a result of his scheme, Scuderi failed to pay $170,769 in taxes to the government.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office prosecuted the case.
Guatemalan National Wanted for Crimes Against Humanity Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national wanted for his role in the 1980s massacre of indigenous Guatemalans pleaded guilty today in federal court in Boston.
Francisco Cuxum Alvarado, a/k/a Francisco Cuxun-Alvarado, 64, pleaded guilty to one count of illegal reentry into the United States. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 20, 2019. On May 29, 2019, Cuxum Alvarado was indicted and has been detained since that time.
According court documents, beginning in the early 1980s, there were a series of attacks committed against the indigenous Maya Achi people of Rio Negro, in and around the municipality of Rabinal, in Guatemala. During these massacres, Guatemalan armed forces assisted by civilian militias known as the Civil Defense Patrols (PACs), forcibly removed the Maya Achi from Rio Negro and attacked and killed hundreds of them. More than 400 Maya Achi people were killed in the Rio Negro massacres and hundreds of others were forcibly removed from their homes. In addition to the murders, there were mass sexual assaults carried out against Achi-Mayan women.
Cuxum Alvarado was a member of the PAC in Rabinal, and in 1998, was named as a suspect in the March 13, 1982, massacre of women and children at Cerro Pacoxom. In 2018, the Guatemalan government charged Cuxum Alvarado with crimes against humanity for participating in the mass sexual assault of Maya Achi women in and around Rabinal. In connection with the charges, the Guatemalan government obtained an INTERPOL Red Notice for Cuxum Alvarado’s arrest, which is a request to law enforcement agencies worldwide to locate and provisionally arrest suspects pending extradition to the jurisdiction in which they are charged. Cuxum Alvarado will be subject to extradition to Guatemala following any sentence imposed.
On April 30, 2019, Cuxum Alvarado was located in Waltham and arrested. During a subsequent interview with law enforcement, Cuxum Alvarado admitted that he was a member of the Rabinal PAC. At the time of his arrest, Cuxum Alvarado was unlawfully in the United States. He previously unlawfully entered the country in March 2004 in Arizona, and was ordered to be removed.
The charging statute provides for a sentence of up to two years in prison, one year of supervised release and a fine of $250,000. The defendant will be subject to deportation upon completion of any 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 Jason Molina, Acting Special Agent in Charge of Homeland Security Investigation in Boston made the announcement today. The Waltham Police Department and the HSI Attaché in Guatemala City, Guatemala assisted in the investigation. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
Canton Woman Charged for Role in Fraudulent SchemeRead the Press Release
BOSTON – A Canton woman was charged on Friday, Sept. 27, 2019, in federal court in Boston in connection with an ongoing investigation into a business email compromise (BEC) scheme.
Bintu Toure, 26, was charged with wire fraud and money laundering conspiracy. Toure will appear in federal court in Boston at a later date. She is the second defendant to be charged in connection with this scheme, following the indictment of Yannick Minang in July.
Toure allegedly conspired with others to open numerous bank accounts in Massachusetts in the name of sham companies, as part of an apparent BEC scheme. A BEC scheme is a sophisticated scam often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques, to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by the scammers.
It is alleged that, through the use of fraudulent invoices and spoofed email accounts, Toure conspired to trick the victims of the scheme into wiring hundreds of thousands of dollars to bank accounts under her control. Toure and her co-conspirators then transferred funds from the accounts on to others located overseas.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the amount involved in the transaction, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney William B. Brady, of Lelling’s Criminal Division, and Jordi de Llano, Deputy Chief of Lelling’s Securities & Financial Fraud 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.
North Reading Woman Arrested for Assaulting Federal OfficerRead the Press Release
BOSTON – A North Reading woman was arrested this morning and charged in federal court in Boston with assaulting a federal officer.
Francesca Elliott, 24, was charged in a criminal complaint with one count with assaulting a federal officer. Elliott was released on conditions following an initial appearance.
According to the charging documents, on Aug. 17, 2019, at approximately 10:30 p.m., two individuals exited an event at TD Garden and entered the grounds of the Thomas P. O’Neill Federal Building on Causeway Street in Boston. A uniformed member of the Federal Protective Service noted that both of the individuals were speaking in loud, aggressive tones and appeared to be intoxicated. As the individuals approached the uniformed officer, one of the individuals appeared to become more aggressive and started charging at the officer, who ordered the individual to stop. The individual continued rushing towards the officer, becoming more aggressive, balling his fists, and shouting at the officer to “Do you job.” At this point, fearing that the individual was about to assault him, the officer informed the individual that he was being arrested for disorderly conduct and to place his hands behind his back.
As the officer was attempting to secure this individual, the other individual – Elliott –allegedly struck the officer in the face with her cellphone, causing a laceration on his right eye. The officer released the first individual, and after a brief struggle, was able to secure Elliott in handcuffs.
The charging statute provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences imposed by a federal district court judge based upon the US 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 Timothy Bane, Regional Director of the Department of Homeland Security, Federal Protective Service made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New York Man Pleads Guilty to Assault Aboard Cruise ShipRead the Press Release
BOSTON – A New York man pleaded guilty today in federal court in Boston for assaulting a woman aboard a cruise ship.
Adam Damian Panetta, 45, of Farmingville, N.Y., pleaded guilty to one count of assault resulting in substantial bodily injury. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Jan. 8, 2020. Panetta was arrested and charged in April 2019.
On April 25, 2019, while aboard the Norwegian Cruise Line’s Gem, Panetta was observed on surveillance video pulling a woman by her hair down the full length of a hallway. The two were then observed outside of one of the cabins. While Panetta attempted to open the cabin door, the woman stuck Panetta in the face with an open hand. Panetta then turned toward the woman and punched her twice in the side of her head with a closed fist. The woman fell to the ground and appeared to be unconscious. Panetta entered the cabin and left the woman on the floor in the hallway. After about one minute, Panetta came out of the cabin and leaned down to the woman, who was unresponsive. Eventually, the woman began to crawl into the room. Panetta did not appear to assist her, and as she began to crawl, Panetta kicked her twice in the buttocks. He then followed her into the room.
The two left the room a short while later and the woman was holding a white towel over her head, which appeared to be stained with blood. The two arrived at the ship’s medical center where the woman was treated for her injuries, which included approximately 8cm of swelling on the right side of her head as well as a 2.5 cm laceration that required five stiches.
At the time of the alleged assault, the ship was approximately 200 miles off the coast of Massachusetts. Panetta was taken into custody when the ship arrived into the port of Boston.
The charge of assault resulting in substantial bodily injury provides 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 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 Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
New York Man Charged with Armed Bank RobberyRead the Press Release
BOSTON – A New York man was arrested today and charged in federal court in Boston with the Aug. 19, 2019, armed robbery of a branch of the Bank of America in Revere.
David J. Hattersly, 45, was charged by criminal complaint with one count of armed bank robbery. Hattersley was detained on conditions following an initial appearance today.
According to the charging documents, on Aug. 19, 2019, at approximately 1:30 p.m., an individual entered a branch of the Bank of America in Revere. The individual approached a teller’s station, passed a threatening demand note, and pointed what appeared to be a black semi-automatic pistol at the teller. The teller handed the individual cash from her drawer and the individual exited the bank. Bank surveillance cameras captured images of the bank robber as a 6’ tall, heavily tattooed, white male, wearing a white tank top, and pointing a black semi-automatic handgun at the teller. A post-robbery audit revealed that the individual stole over $13,000 during the robbery.
Police who interviewed the bank employees, learned that the individual had escaped the area on an MBTA bus. A short time later, a person matching the individual’s description was located in a residential neighborhood. According to court documents, the individual, later determined to be Hattersly, was in possession of a large sum of cash and a black pistol, which was later was later determined to be a BB gun. Hattersly was arrested without incident. Police also discovered that Hattersly was the subject of outstanding warrants in New York.
The charging statute provides for a sentence of up to 25 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences imposed by a federal district court judge based upon the US Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division; and Revere Police Chief James Guido made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Worcester Man Pleads Guilty to Child Pornography OffensesRead the Press Release
BOSTON – A Worcester man pleaded guilty yesterday in federal court in Worcester to possession of child pornography.
Michael Chapman, 62, pleaded guilty to two counts of possession of child pornography. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Dec. 19, 2019. Chapman was charged by criminal complaint in March 2019.
On July 2 and 3, 2017, Chapman uploaded images depicting child pornography using his Skype account. He also possessed child pornography on Oct. 6, 2017, on his computer, which agents seized during the execution of a search warrant. Chapman is a registered Level 3 sex offender due to multiple prior convictions. In 2004, he was convicted of two counts of indecent assault and battery on a child under 14 and three counts of obscene material; in 1994, he was convicted of transporting in interstate commerce a visual depiction of a minor engaging in sexually explicit conduct; and, in 1984, he was convicted of rape of a child and four counts of lewd and lascivious acts.
The charge provides for a sentence of no greater than 20 years in prison, five years and up to a lifetime of supervised release, and a fine of $250,000. Due to prior convictions, Chapman faces a minimum mandatory sentence of 10 years in prison. 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; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations, Boston Field Division; Massachusetts State Police Superintendent Colonel Kerry A. Gilpin; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Worcester Branch Office is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Westfield Man Pleads Guilty to Child Pornography OffensesRead the Press Release
BOSTON – A Westfield man pleaded guilty yesterday in federal court in Springfield to child pornography charges.
Stephen Cote, 48, pleaded guilty to three counts of receipt of child pornography, one count of distribution of child pornography and one count of offering to receive child pornography. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Dec. 18, 2019. Cote was indicted in January 2016, and he has been detained since his arrest on July 20, 2018.
On various occasions between April 30, 2013, and May 31, 2015, Cote sent and received child pornography by text and email, and also offered to receive child pornography. Cote exchanged child pornography with Bruce Singer, who was sentenced on July 19, 2019, to 96 months in prison for various child pornography offenses. During the course of Cote and Singer’s electronic communications, they discussed their shared interest in the sexual abuse of children.
The charges of receipt and distribution of child pornography each provide for a sentence of up to 20 years in prison, a lifetime of supervised release and a fine of $250,000. The charge of seeking and offering to receive child pornography provides for a sentence of no greater than 30 years in prison, a lifetime of supervised release, and a $250,000 fine. According to the terms of the plea agreement, the Government will recommend a sentence of 15 years in prison. 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; Northampton Police Chief Jody Kasper; and Easthampton Police Chief Robert Alberti made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Vermont Man Pleads Guilty to Narcotics OffenseRead the Press Release
BOSTON – A Vermont man pleaded guilty today in federal court in Boston for his role in a cocaine conspiracy.
Lorenzo Deconinck, 60, of Jamaica, Vt., pleaded guilty to one count of conspiracy to distribute cocaine. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Dec. 19, 2019. Deconinck was charged in an indictment unsealed in March 2018.
Deconinck pleaded guilty to conspiring with David Cruz and others to distribute cocaine in Massachusetts. Specifically, between 2015 and 2016, Cruz obtained cocaine from sources in Mexico and caused the cocaine to be transported to the Springfield area via concealed compartments in a Nissan Juke. Deconinck then purchased more than 50 grams of cocaine from Cruz with the intent to distribute it.
Cruz previously pleaded guilty to drug and firearms offenses and is scheduled to be sentenced on Jan. 23, 2020.
The charging statute 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 upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Assistance was provided by the Internal Revenue Service’s Criminal Investigations, the DEA’s Carlsbad (Calif.) Resident Office, and Westfield Police Department. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Branch Office is prosecuting the case.
Two Men Indicted for Fentanyl DistributionRead the Press Release
BOSTON – Two New York men were indicted yesterday by a federal grand jury in Boston with fentanyl distribution charges.
Yamel Cuevas Gonzalez, 33, and Carlos Nunez, 47, were indicted on one count each of conspiracy to distribute and possession with intent to distribute fentanyl and multiple counts of distribution and possession of fentanyl. Gonzalez and Nunez were charged by criminal complaint and arrested on Aug. 5, 2019. Gonzalez is currently in custody and Nunez was released on conditions.
According to the charging documents, Gonzalez and Nunez conspired to distribute more than 400 grams of fentanyl between May and August of 2019. It is also alleged that Gonzalez distributed more than 400 grams of fentanyl on three separate occasions in May, June and August of 2019. Nunez is also charged with distributing more than 400 grams of fentanyl on two occasions in July and August of 2019. The government is also seeking forfeiture of $97,000 as well as a 2010 Honda Accord.
Both men face mandatory minimum sentences of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $10 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 and Jason J. Molina, Acting Special Agent in Charge of Homeland Security Investigations, made the announcement today. Valuable assistance was provided by the Dedham Police Department. Assistant U.S. Attorney Nadine Pellegrini 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.
Third Parent Sentenced to Prison in College Admissions CaseRead the Press Release
BOSTON – A California man became the third parent to be sentenced to prison today in connection with his involvement in the college admissions case.
Stephen Semprevivo, 53, of Los Angeles, Calif., was sentenced by U.S. District Court Judge Indira Talwani to four months in prison, two years of supervised release, 500 hours of community service, and ordered to pay a fine of $100,000. The Court may offset the fine with restitution to be determined at a later hearing. In May 2018, Semprevivo pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. The government recommended a sentence of 13 months in prison, one year of supervised release, a fine of $95,000, and restitution of $105,341.
Semprevivo conspired with William “Rick” Singer and others to have his son admitted to Georgetown University as a tennis recruit, even though his son did not play competitive tennis. As part of the scheme, Semprevivo involved his son as an active participant in the scheme by having him send emails to defendant Gordon Ernst, the Georgetown tennis coach, expressing interest in playing tennis at Georgetown. By April 2016, Semprevivo’s son had been formally admitted to Georgetown and Semprevivo made a purported contribution of $400,000 to Singer’s sham charity, Key Worldwide Foundation. From that account, Singer paid Ernst hundreds of thousands of dollars for facilitating the fraudulent recruitment of Semprevivo’s son to Georgetown as a tennis recruit.
On Tuesday, Sept. 24, 2019, co-defendant Devin Sloane was sentenced to four months in prison, and earlier this month co-defendant Felicity Huffman was sentenced to two weeks in prison.
Ernst is charged by indictment with racketeering conspiracy, and is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
Sharon Woman Sentenced for Stealing Social Security BenefitsRead the Press Release
BOSTON – A Sharon woman was sentenced yesterday in federal court in Boston for stealing Social Security benefits intended for her children.
Stacey Orlando, 60, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (one day), two years of supervised release, and ordered to pay $33,795 in restitution to the Social Security Administration. Orlando was arrested and charged in May 2018.
Orlando’s two children, who received monthly Social Security benefits – which were paid to Orlando as their representative payee – were removed from her care by the Massachusetts Department of Children and Families in May 2011. Orlando failed to inform Social Security that her children were no longer in her custody, and instead, falsely told Social Security that her children lived with her and that she spent all of the benefits she received for their care and support. In reality, from May 2011 through October 2013, Orlando stole $33,795 intended for the benefit of her two children.
The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and 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. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Revere Man and Boston Man Charged with Cocaine TraffickingRead the Press Release
BOSTON – A Revere man and a Boston man were indicted yesterday in federal court in Boston with drug trafficking charges.
Edgar Castro, of Revere, and Julio Ortiz, of Boston, were indicted on one count each of conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine, and one count of possession with intent to distribute five kilograms or more of cocaine. Castro and Ortiz were previously charged by complaint and have been detained since their arrest on Aug. 26, 2019.
According to court documents, an individual in Puerto Rico attempted to ship a box containing approximately 29 kilograms of cocaine to an automotive repair garage in Lawrence. After a routine inspection of the box, employees of the shipping company found packages appearing to be narcotics wrapped in plastic. The shipping company called Customs and Border Protection, who searched the package and found 29 kilograms of cocaine. Federal agents conducted a controlled delivery of the package to the address in Lawrence on Aug. 26, 2019. Upon delivery, Castro and Ortiz were observed unpacking the box and moving containers of cocaine into another vehicle. The defendants were subsequently arrested.
The charges of conspiracy to distribute and possession with intent to distribute more than five kilograms of cocaine carry a mandatory minimum sentence of 10 years and up to a lifetime in prison, at least five years of supervised release, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of the Homeland Security Investigations, New England Field Division; and William Ferrara, Director of Field Operations of U.S. Customs and Border Protection, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Woburn Police Department. 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.
Lowell Woman Indicted for Stealing Approximately $182,000 from EmployerRead the Press Release
BOSTON – A Lowell woman was indicted today by a federal grand jury in Boston in connection with embezzling approximately $182,000 from a veterinary hospital that employed her.
Sasha A. Saulnier, 32, was indicted on six counts of wire fraud. An arraignment date has not yet been scheduled. In August 2019, Saulnier was charged by criminal complaint.
According to the charging documents, Saulnier was employed by a full-service animal hospital as a client relations specialist from October 2011 until September 2018. During that time, she had various client responsibilities, including selling retail products to customers at the hospital. Saulnier also served in a temporary supervisory role, which gave her access to management software and the ability to manipulate account transactions and accounting data.
It is alleged that from March 2014 through August 2018, Saulnier entered false refund transactions into the company’s management software, and then credited her own personal debit cards, which linked directly to her personal checking account. Specifically, Saulnier occasionally entered a fictitious refund for merchandise that was legitimately purchased by a customer, but never returned, and then credit the bogus refund to her own debit card. Saulnier also fabricated refunds for wholly fictitious retail purchases that were never actually made, and then credited that amount to her own debit card. In an effort to conceal her fraud, Saulnier allegedly used dormant accounts of inactive hospital clients, such as those with deceased pets and so-called “test accounts,” set up solely for training purposes. In addition, Saulnier fabricated discounts which she applied to purchases of retail products.
Over the course of the scheme, Saulnier used her position to falsify approximately 482 transactions resulting in refunds and credits totaling more than $182,800 to her own bank account. Saulnier allegedly used this money for personal expenses and travel, including trips to Las Vegas, New York City and the Bahamas.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or up to twice the loss involved, restitution and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lawrence Resident Indicted on Sexual Exploitation ChargesRead the Press Release
BOSTON – A Lawrence resident was indicted today in federal court in Boston with sexually exploiting two children under four years of age.
Jakob Nieves, who also goes by the name Dakota, 19, was indicted on two counts of sexual exploitation of children, one count of distribution of child pornography and one count of possession of child pornography. Nieves was charged by complaint and arrested on Aug. 14, 2019. Nieves has been detained since that time.
According to the charging document, as part of an investigation into the use of Kik messenger for the trade of child pornography, an undercover agent communicated with Nieves via Kik. During the course of those communications, Nieves allegedly sent the undercover agent images and videos that Neives produced, depicting her sexually abusing a child.
It is alleged that when law enforcement executed a search warrant at Nieves’ home on Aug. 14, 2019, Nieves admitted to distributing images and videos of child pornography to a user she “met” in a Kik group geared toward individuals interested in pedophilia.
The charge of sexual exploitation of children provides for a minimum mandatory sentence of 15 years and no greater than 30 years in prison. The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 20 years in prison. Each charge provides for a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Coordinator and member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Four Indicted for Fentanyl and Carfentanil ConspiracyRead the Press Release
BOSTON – Three men and one woman were indicted yesterday in federal court in Boston with fentanyl and carfentanil conspiracy.
Rickey Depina, 31, of Brockton; David Fernandes, 32, of Braintree; Keanu Fernandes, 23, of Brockton; and Viviana Fontes, 29, of Brockton, were charged in an indictment with conspiracy to distribute and possess with intent to distribute fentanyl and carfentanil.
According to the charging documents, from at least May 2017 through August 2019, in Brockton, Abington, Boston, Braintree, Easton, Fall River, Holbrook, Norton, Quincy, Raynham, South Easton, West Bridgewater, and Whitman the defendants conspired to distribute fentanyl and carfentanil. On multiple occasions, law enforcement made controlled purchases of both fentanyl and carfentanil. And on Oct. 1, 2018, law enforcement stopped a car in which Depina, David Fernandes, and Fontes were traveling and recovered over 17 grams of fentanyl, approximately $1,750 and four cell phones. While executing search warrants later that day, law enforcement recovered another $10,000.
Carfentanil is an analog of fentanyl and approximately 10,000 times more potent than morphine and 100 times more potent than fentanyl. It is used commercially in tranquilizer darts for large mammals such as elk or elephants, and can be lethal in a dose as small as 2 milligrams.
The charge of conspiracy to distribute and possess with intent to distribute fentanyl and carfentanil provides for a sentence of no greater than 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; Massachusetts State Police Superintendent Colonel Kerry A. Gilpin; and Brockton Police Chief John Crowley made the announcement. Assistant U.S. Attorneys Timothy Moran and Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit 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.
Dominican National Sentenced for Social Security Fraud and Identity TheftRead the Press Release
Boston – A Dominican national was sentenced yesterday in federal court in Boston for Social Security fraud and aggravated identity theft.
Frank Alejandro Brea Sabala, 37, a Dominican national who resided in Methuen, was sentenced by U.S. District Court Judge Leo T. Sorokin to two years and one day in prison and three years of supervised release. In June 2019, Brea Sabala pleaded guilty to one count of misuse of a Social Security number and one count of aggravated identity theft.
On the morning of Aug. 2, 2017, Brea Sabala submitted a handwritten application for a Massachusetts Motorcycle Permit at the Lawrence Registry of Motor Vehicles. On the application, Brea Sabala represented the name, date of birth and Social Security number of an individual from Puerto Rico as his own, and checked off that he was a United States citizen. Brea Sabala had previously obtained a Massachusetts license in the victim’s name.
On Oct. 3, 2018, a search of Brea Sabala’s residence resulted in the recovery of expired Massachusetts licenses that were in the victim’s name and date of birth but contained Brea Sabala’s photograph, as well as a Social Security card and birth certificate in the name of the victim.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of the Homeland Security Investigation in Boston; and Methuen Police Chief Joseph E. Solomon. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Brockton Man Sentenced to Prison for Drug TraffickingRead the Press Release
BOSTON – A Brockton man was sentenced in federal court in Boston on Tuesday, Sept. 24, 2019, for trafficking in cocaine while on supervised release from an earlier federal drug trafficking conviction.
Angelo Pina, 28, was sentenced by U.S. District Court Judge Denise J. Casper to 15 months in prison for violating the terms of his supervised release. Judge Casper ordered that the sentence be served consecutive to a 21-month prison sentence imposed on Sept. 4, 2019, by Judge Nathaniel Gorton for conspiracy to distribute cocaine.
During an investigation in September and October 2018, federal agents intercepted telephone calls between Pina and Djuna Goncalves, which revealed that Goncalves worked with others to distribute large quantities of heroin, fentanyl, cocaine, crack cocaine, and marijuana from a base of operations at 12 Addison Avenue in Brockton.
During the intercepted calls, Pina ordered cocaine from Goncalves, and agents later observed Pina pick up cocaine from Goncalves the Brockton location. At the time, Pina was on supervised release from a 2017 federal conviction for distribution of fentanyl, and, in fact, first contacted Goncalves by phone while he was incarcerated.
United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; Colonel Kerry A. Gilpin, Superintended of the Massachusetts State Police; Brockton Police Chief John Crowley; and Plymouth County District Attorney Timothy J. Cruz made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Alathea Porter of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Brockton Man Charged as Felon in Possession of FirearmRead the Press Release
BOSTON – A Brockton man was indicted yesterday in federal court in Boston with being a felon in possession of a firearm.
Clive McFarlane, 36, was indicted on one count of being a felon in possession of a firearm.
According to the charging documents, on Aug. 27, 2019, McFarlane was found in possession of a Rohm Gesellschaft .25 caliber revolver, one round of Remington .25 caliber ammunition and seven rounds of Cascade Cartridges .25 caliber ammunition. McFarlane had previously been convicted of being a felon in possession of a firearm and other crimes punishable by more than a year in jail and therefore was prohibited from possessing firearms.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Plymouth County District Attorney Timothy J. Cruz; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Criminal Division is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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.
Boston Man Sentenced for Federal Firearm OffenseRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for being a felon in possession of a firearm and ammunition.
Mohamed Abdulaziz, 31, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years in prison and three years of supervised release. In June 2019, Abdulaziz pleaded guilty to one count of being a felon in possession of a firearm and ammunition after being charged in December 2018.
On Sept. 2, 2018, law enforcement officers stopped Abdulaziz on Route 24 South in West Bridgewater because he was driving erratically. After Abdulaziz failed several field sobriety tests, he was arrested for driving under the influence of alcohol. A routine inventory search of Abdulaziz’s vehicle before it was towed resulted in the recovery of a loaded revolver beneath the driver’s seat. Federal law prohibits Abdulaziz from possessing a firearm or ammunition because of a prior felony conviction.
United States Attorney Andrew E. Lelling and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit prosecuted the case.
Boston Man Charged with Illegally Possessing a Loaded HandgunRead the Press Release
BOSTON – A Boston man was indicted today in federal court in Boston for being a felon in possession of a firearm and ammunition.
Kerry Charlotin, 30, was indicted on one count of being a felon in possession of a firearm and ammunition. Charlotin was charged by criminal complaint in August 2019.
According to the charging documents, on May 1, 2019, officers were in the area of Blue Hill Avenue in Mattapan due to resident complaints of drug dealing and public drinking. It is alleged that when Charlotin, who was seen by the officers wearing a black backpack, observed the police presence, he ran. The officers pursued him, and when they caught up to him, a black backpack was in the air and landed on the roof of a building. Charlotin, no longer wearing a black backpack, continued running from the officers; he was eventually found hiding in a fenced in area in a backyard. When officers recovered the black backpack, they found, among other things, a loaded Glock 26, 9mm caliber Lugar semi-automatic pistol containing nine rounds of ammunition, one of those rounds was in the chamber.
Based on prior felony convictions, Charlotin is prohibited from possessing a firearm and ammunition under federal law.
The charging statute provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William G. Gross made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Worcester Man Sentenced to 10 Years in Prison for Role in Multi-Kilogram Cocaine ConspiracyRead the Press Release
BOSTON – A Worcester man was sentenced yesterday in federal court in Worcester for his role in a cocaine trafficking ring responsible for smuggling over 20 kilograms of cocaine into central Massachusetts.
Jose Gonzalez, 38, was sentenced by U.S. District Court Judge Timothy S. Hillman to 10 years in prison and five years of supervised release. Gonzalez 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.
An investigation conducted in connection with federal wiretaps revealed, among other things, that in December 2017, Gonzalez had been the intended recipient of a package mailed from Puerto Rico containing three kilograms of cocaine.
In January 2018, wiretaps and surveillance revealed Gonzalez’s participation in the attempted smuggling of an additional six kilograms of cocaine from Puerto Rico, this time using a U.S. Postal employee to retrieve the packages of cocaine. As the scheme unfolded, agents seized one of the packages (found to contain three kilograms of cocaine) and allowed the second to be delivered to the conspiracy members under continuing electronic and physical surveillance. After observing the postal employee deliver the suspect package to a member of the conspiracy, authorities arrested several additional co-defendants. The second package was seized, and was found to contain another three kilograms of cocaine. Over $40,000 in cash and drug ledgers documenting the sale of well over 20 kilograms of cocaine were also seized during a search.
Gonzalez is the first of four defendants charged federally to be sentenced as a result of the investigation. Co-defendant Japhet Garcia is scheduled to be sentenced on Oct. 1, 2019, co-defendant Erick Cruz is scheduled to be sentenced on Oct. 8, 2019, and co-defendant Deibby Garcia is scheduled to be sentenced on Nov. 1, 2019. Another alleged member of the conspiracy, Caroline Cartagena, faces state charges. All of the defendants resided in Worcester.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph 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 Public Corruption Unit is prosecuting the case.