District of Massachusetts

BOSTON – A Framingham man was indicted today in federal court in Boston with producing a false identification document, aiding and abetting and Social Security card fraud.

Cristiano Ribeiro De Moura, 32, was indicted on one count of producing an identification document, authentication feature, or false identification document; aiding and abetting; and one count of Social Security card fraud.

According to the charging documents, Ribeiro De Moura sold four counterfeit Lawful Permanent Resident cards and four counterfeit Social Security cards in July and August 2019.  Ribeiro De Moura charged $350 for a set of fake documents, which included one Lawful Permanent Resident card and one Social Security card. The buyers provided their name and date of birth, and Ribeiro De Moura provided the Social Security number.

The charge of producing a false identification document provides for a sentence of up to 15 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 Social Security card fraud 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. 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; and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit 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.

BOSTON – A Dominican national was sentenced today in federal court in Boston for identity theft.

Maissel Avalo-Mejia, 30, a Dominican national residing in Foxboro, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to 27 months in prison. He will face deportation proceedings upon completion of his sentence. In May 2019, Avalo-Mejia pleaded guilty to one count of misuse of a Social Security number and one count of aggravated identity theft.

Avalo-Mejia used the name, date of birth, and Social Security number of a Puerto Rican man, who is presently a Specialist in the U.S. Army, to obtain several Massachusetts driver’s licenses, the most recent issued on April 10, 2014. Avalo-Mejia was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo.

United States Attorney Andrew E. Lelling; Jason Molina, Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Dominican national was indicted today for making false statements in an immigration document and aggravated identity theft.

Teodoro Tejada Rivas, 63, a Dominican national who resided in Lawrence until recently, was indicted on one count of making false statements in an immigration document and one count of aggravated identity theft. Tejada Rivas was arrested on Sept. 10, 2019, in Miami, Fla., and has been detained since.

It is alleged that since at least 2006, Tejada Rivas has been using the identity of a U.S. citizen from Puerto Rico. Tejada Rivas used the name, Social Security number and date of birth of the Puerto Rican man to apply for a U.S. passport in 2007, and to file an immigration form in 2016 in an attempt to bring his Dominican wife and children into the United States. The fraudulent immigration form was filed three years after the death of the U.S. citizen whose identity Tejada Rivas had stolen.

United States Attorney Andrew E. Lelling; William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement today.  Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Chelsea man was sentenced today in federal court in Boston for RICO conspiracy involving attempted murder and drug trafficking.

Brandon Baez, aka “Big Baby,” was sentenced by U.S. District Court Judge Richard G. Stearns to 10 years in prison and five years of supervised release. In January 2019, Baez pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity and one count of conspiracy to distribute cocaine base and cocaine.

During an investigation into a network of street gangs that had created alliances to traffic weapons and drugs throughout Massachusetts, Baez was identified as a member of the East Side Money Gang (ESMG), a Chelsea-based street gang, which uses violence to further its criminal activities and enforce its internal rules. Specifically, ESMG uses violence to protect its members/associates, target rival gang members/associates and intimidate potential witnesses.

In intercepted calls on April 3, 2016, Baez informed Angel Mejia, a leader in the ESMG, that he had just shot two men in a black Cadillac at a gas station in Revere because he believed that they were members of a rival street gang. Baez told Mejia that he believed he had killed at least one of the intended victims. Two days before the shooting, Mejia and fellow ESMG member Josue Rodriguez had provided Baez with the .22 caliber revolver used in the shooting. Following the shooting, Baez asked Mejia for assistance getting a larger caliber handgun after learning that no one was killed during the Revere shooting. Baez was subsequently arrested in Chelsea by local law enforcement officers while armed with the .22 caliber revolver used in the Revere shooting.

In October 2017, Rodriguez was sentenced to over 10 years in prison and five years of supervised release. In June 2019, Mejia was sentenced to more than 15 years in prison and five years of supervised release. In September 2019, Jesus Perez, a leader in a rival Chelsea-based street gang (the Outlaws), was sentenced to 20 years in prison and four years of supervised release for multiple federal charges, including violent crime in aid of racketeering, drug trafficking and firearms charges.

Baez is one of 53 defendants indicted in June 2016 on federal firearms and drug charges following an investigation into a network of street gangs that created alliances to traffic weapons and drugs and to generate violence against rival gang members. According to court documents, the defendants, who are leaders, members, and associates of the 18th Street Gang, East Side Money Gang and the Boylston Street Gang, were responsible for fueling a gun and drug pipeline across a number of cities and towns in eastern Massachusetts.  During the course of the investigation, over 70 firearms were seized.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; John Gibbons, U.S. Marshal for the District of Massachusetts; Maura Healey, Attorney General of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Gross; Chelsea Police Chief Brian Kyes; and Brockton Police Chief John Crowley made the announcement. The U.S. Attorney’s Office also acknowledges the assistance of the Suffolk and Middlesex County Sheriff Departments and the Malden, Revere and Everett Police Departments. Lelling’s Organized Crime and Gang Unit is prosecuting the case.

BOSTON – A Boston man pleaded guilty in federal court in Boston today to the unlicensed transportation of a firearm.

Kenny Romero, 24, pleaded guilty to one count of unlicensed transportation of firearms before U.S. Senior District Court Judge George A. O’Toole Jr., who scheduled sentencing for Jan. 14, 2020.  Romero has been detained since his arrest on July 9, 2019.

Law enforcement officers discovered Romero to be in possession of a firearm during a vehicle stop in December 2016.  A subsequent investigation revealed that the firearm, which had been used in a shooting earlier that month, was purchased in Virginia in November 2016. Agents learned that another individual purchased the firearm at Romero’s direction, and Romero subsequently transported the firearm from Virginia back to Massachusetts, where he resides.

The charge of unlicensed transportation of firearms provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Office, made the announcement today. Valuable assistance was provided by the U.S. Attorney’s Office for the Eastern District of Virginia, the ATF - Falls Church Field Office and the Boston Police Department. Assistant U.S. Attorney Anne Paruti of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Beverly man was sentenced to probation today for sending a series of threatening letters to the CEO of an online dating website; one letter contained a white powder described as Anthrax and another contained a red substance described as blood infected with the AIDS virus.

Liam MacLeod, 47, was sentenced by U.S. District Court Judge Patti B. Saris to two years of probation, with the first two months to be served in a halfway house and eight months in a sober house on home confinement.  The government recommended five months in prison, followed by two years of supervised release which would include five months of community or home confinement. 

In June 2019, MacLeod pleaded guilty to two counts of mailing threatening communications and two counts of conveying false information concerning purported biological weapons.

Between September and December 2017, MacLeod mailed nine letters containing threatening communications and/or suspicious substances to the CEO of the online dating website OkCupid.com in Dallas, Texas. On or about Sept. 12, 2017, MacLeod mailed an envelope addressed to the CEO that contained a suspicious white powder, along with a handwritten letter that stated:

Greetings from Beverly

Ban me will ya

Welcome to the wonderful world of ANTHRAX

Expect a package within the next couple of days

It won’t be ticking but it should be interesting!

MacLeod mailed another envelope to the CEO in Dallas, on or about Sept. 14, 2017, containing a typewritten letter with the following message, amongst other text:

How’d you like what I sent you?  Aww, go take a powder. Oh, the things I have in store for you!  I can go on like this for years. How long can you last?

Incidentally, my father was an angel: That’s Hell’s

Angel to you.  You see, we have some pull.  Take for

example your vehicles.  We now know who owns

what, and where each of you parks his.

Hmm, think of the possibilities!

MacLeod sent a third letter to the CEO in Dallas on or about Sept. 20, 2017. The envelope and its contents, a blank piece of paper, were both stained with a red substance consistent with blood. The next day, MacLeod mailed another letter to the CEO which identified the red substance on the previous letter as blood infected with the AIDS virus.

Between Oct. 4, 2017 and Dec. 21, 2017, MacLeod mailed five additional envelopes addressed to the CEO in Dallas, each containing threatening communications and/or suspicious substances. Each of these mailings generated a response by federal law enforcement in order to rule out the presence of active biological or chemical agents. Laboratory testing later confirmed that the substances contained in the envelopes, including the white powdery substance, did not contain hazardous materials.

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, Boston Division, made the announcement today. The investigation was conducted by the FBI Boston’s Joint Terrorism Task Force, with assistance from the Beverly Police Department. OkCupid and its parent company were fully cooperative with the investigation. Assistant U.S. Attorney Jason A. Casey of Lelling’s National Security Unit prosecuted the case.

BOSTON – A Natick man pleaded guilty yesterday in federal court in Boston to possessing child pornography.

Joshua Bemis, 28, pleaded guilty to one count of possession of child pornography and one count of receipt of child pornography. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Jan. 8, 2020. Bemis was arrested and charged in November 2018.

Federal authorities received information from law enforcement in the United Kingdom about an individual whose IP address was traced to Bemis’ Natick residence, who had posted child pornography on a photo sharing website. Law enforcement subsequently executed a search warrant where they seized a laptop computer and separate hard drive, both of which contained numerous videos of children, including some that depict the rape of children as young as seven-years-old.

Bemis faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of five years and up to a lifetime of supervised release and a $250,000 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; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Natick Police Chief James G. Hicks made the announcement today. Assistant U.S. Attorney David G. Tobin is prosecuting the case.

The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

BOSTON – A Methuen man has was sentenced today in federal court in Boston for illegal possession of a firearm and ammunition. 

Michael O’Neil, 38, was sentenced by U.S. District Court Judge Douglas P. Woodlock to one year and a day in prison and three years of supervised release. In June 2019, O’Neil pleaded guilty to one count of being a felon in possession of a firearm and ammunition after being arrested on Dec. 1, 2018 in Andover, when police seized a loaded .380 caliber pistol from him.  O’Neil is prohibited from possessing a firearm due to a prior conviction of a crime punishable by more than one year in prison.         

United States Attorney Andrew E. Lelling; Essex County District Attorney Jonathan W. Blodgett; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Evan Panich of Lelling’s Office is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BOSTON – A Lawrence man was sentenced today in federal court in Worcester in connection with a 2017 fentanyl trafficking conspiracy. 

Carlos Rodriguez, 43, was sentenced by U.S. District Court Judge Timothy S. Hillman to 27 months in prison and two years of supervised release. Rodriguez previously pleaded guilty to conspiring to distribute and possession with the intent to distribute in excess of 40 grams of fentanyl.

Co-defendants Ernesto Rodriguez, Jorge Burgos, and Joshua Sanchez were sentenced to 20 months, 60 months, and 34 months in prison, respectively.

As a result of various wiretaps capturing the defendants’ discussions of sales and purchases of fentanyl, in November and December 2017, law enforcement conducted surveillance of Burgos purchasing fentanyl for resale from Carlos Rodriguez, Ernesto Rodriguez, and others. In addition, on Dec. 20, 2017, law enforcement stopped Sanchez after wire intercepts suggested he would be distributing 50 grams of fentanyl to co-defendant Jorge Burgos. Agents conducted a stop of the vehicle Carlos Rodriguez was driving and recovered 50 grams of fentanyl. Further investigation led to the recovery of 40 additional grams of fentanyl from Ernesto Rodriguez. Intercepted communications captured Carlos Rodriguez discussing with Burgos how agents had stopped him on the way to Burgos’ residence and captured him discussing with another individual where to hide a firearm from authorities.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; and Leicester Interim Police Chief Kenneth Antanavica made the announcement. Assistant U.S. Attorney Mark Grady of Lelling’s Criminal Division prosecuted the case.

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.

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/.

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.

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.

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.

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. 

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.

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.

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.

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.

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.

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.

“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.”

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.

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.

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.

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.

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.

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.

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.

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.

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 – 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.

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.

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.

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 – 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.

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.

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.

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.

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.

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.

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.

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.

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/.

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.

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.

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.

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.

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.

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.