District of Massachusetts
Press releases recorded for this federal judicial district.
Parent in College Admissions Case Pleads GuiltyRead the Press Release
BOSTON – A California man pleaded guilty in federal court in Boston in connection with paying bribes to facilitate the admission of his children to the University of Southern California as purported athletic recruits.
Toby Macfarlane, 56, of Del Mar, Calif., a former senior executive at a title insurance company, pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Nov. 13, 2019.
According to court documents, Macfarlane agreed to pay Rick Singer $450,000 to participate in the college recruitment scheme for his children. According to the terms of the plea agreement, the government will recommend a sentence of 15 months in prison, one year of supervised release, a fine of $95,000, restitution and forfeiture.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Louisiana Teacher Sentenced to 135 Months in Prison for Child EnticementRead the Press Release
BOSTON - A Louisiana teacher was sentenced today in federal court in Boston for child enticement related offenses.
Logan Procell, 25, was sentenced by U.S. District Court Judge Denise J. Casper to 135 months in prison and five years of supervised release. In February 2019, Procell pleaded guilty to one count of coercion and enticement of a minor and one count of transfer of obscene material to a minor. Procell was indicted in October 2017 and has been in custody since.
Procell first contacted an 11-year-old Massachusetts girl via Snapchat after seeing her on a different online application that allows users to publish videos in real time. After obtaining her phone number, Procell began communicating with her by text. The child’s parent discovered approximately one month’s worth of their communications in September 2017. The exchange of more than 1600 messages contained sexually explicit images and messages sent by Procell to the child, including pictures of his genitals, requests for her to send him pornographic images of herself, and discussions about meeting her to have sex. At the time of the offense, Procell was a chemistry teacher at a high school in Noble, La.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Valuable assistance was provided by the Louisiana State Police and the Waltham Police Department. Assistant U.S. Attorneys Anne Paruti and Mackenzie Queenin prosecuted 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/.
Gloucester Man Pleads Guilty to Bank RobberyRead the Press Release
BOSTON - A Gloucester man pleaded guilty yesterday in federal court in Boston to bank robbery.
Michael Robinson, 40, pleaded guilty to one count of bank robbery before U.S. District Court Judge William G. Young, who scheduled sentencing for Sept. 24, 2019.
On Nov. 19, 2018, a man, later identified as Robinson, entered the Institution for Savings Bank branch in Gloucester, walked up to the teller counter, passed a handwritten note to the teller, and stole $2,650. Within minutes of the robbery, local police responded to the bank. They reviewed bank surveillance footage and recognized Robinson as the robber. Police also matched bank surveillance footage of Robinson to a recent Facebook photograph Robinson posted the previous weekend. In that Facebook photo, Robinson was wearing the same clothing he wore when he robbed the bank. The investigation also revealed possible locations where Robinson might be, and, only a few hours after the robbery, police apprehended Robinson on a bus in another city.
The charge provides for a sentence of no greater than 20 years in prison, up to five years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Gloucester Police Chief Edward G. Conley made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Sentenced for Aggravated Identity Theft and Stealing Government BenefitsRead the Press Release
BOSTON – A Dominican national was sentenced in federal court in Boston yesterday for identity theft, aggravated identity theft, theft of public money, and illegally reentering the United States after being deported.
Isidro Viscaino-Soto, a/k/a Ysidro Vizcaino, 59, a Dominican national residing in Boston, was sentenced by U.S. District Court Judge Patti B. Saris to two years and one day in prison and two years of supervised release. Viscaino-Soto will be subject to deportation proceedings upon completion of his sentence. In March 2019, Viscaino-Soto pleaded guilty to one count of identity theft, one count of aggravated identity theft, one count of theft of public money, and one count of illegal reentry of a deported alien. Viscaino-Soto was arrested and charged by complaint on April 17, 2018, and has been in custody since.
Law enforcement officers in Boston discovered Viscaino-Soto on April 12, 2018, and determined him to be illegally present in the United States. Viscaino-Soto was previously deported on July 31, 2000, after receiving a drug conviction. In addition, Viscaino-Soto used the Social Security number of a U.S. citizen from Puerto Rico in order to receive disability insurance, and in so doing, stole approximately $9,000 in federally-funded MassHealth benefits.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts, made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.
Dominican National Charged with Identity TheftRead the Press Release
BOSTON – A Dominican national was arrested today in connection with using the identity of a U.S. citizen.
Wandil Mejia Jimenez, 30, a Dominican national residing in Dorchester, was indicted on one count of false representation of a Social Security number and one count of aggravated identity theft. Jimenez will appear in federal court in Boston later today.
According to the indictment unsealed today, in 2014, Mejia Jimenez fraudulently used a Social Security number that was not his when applying for a driver’s license with the Massachusetts Registry of Motor Vehicles.
The charge of false representation of a Social Security number provides for a sentence of no greater than 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. Jimenez will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Valuable assistance was provided by the United States Marshals Service for the District of Massachusetts. 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.
Brazilian National Indicted for Firearm TraffickingRead the Press Release
BOSTON – A Brazilian national, who resides in Malden, was charged in federal court in Boston yesterday with immigration and firearms crimes.
Vanderlei Rodrigues DeAraujo, a/k/a Neneco, 43, was indicted on one count of dealing in firearms without a license, two counts of alien in possession of a firearm and ammunition, and one count of illegal reentry of a previously deported alien. DeAraujo will be arraigned in federal court in Boston at a later date.
According to the indictment, DeAraujo possessed and subsequently sold firearms and ammunition on two occasions: on Sept. 6, 2018, and Jan. 28, 2019. At the time of the firearm sales, DeAraujo was unlawfully present in the United States, having been previously deported to Brazil on Aug. 18, 2011, and returning to the United States illegally sometime thereafter.
The charge of engaging in the business of dealing in firearms without a license carries a sentence of no greater than five years in prison, up to three years of supervised release, and a fine of up to $250,000. The charge of being an alien in possession of firearm and ammunition carries a sentence of no greater than 10 years in prison, three years supervised release, and a fine of up to $250,000. The charge of unlawful reentry of a previously deported alien carries a sentence of no greater than two years in prison, up to 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; Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office, made announcement today. Valuable assistance was provided by Homeland Security Investigations in Boston, the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division and the Malden Police Department. Assistant U.S. Attorney Lindsey Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Agawam Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
BOSTON - An Agawam man pleaded guilty yesterday in federal court in Boston to his role in a cocaine conspiracy.
Lawon Baulkman, 37, pleaded guilty to one count of conspiracy to distribute 500 grams or more of cocaine. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 16, 2019.
Baulkman conspired with co-defendant David Cruz and others to process and distribute cocaine. According to court documents, Cruz obtained the cocaine from sources in Mexico and arranged for the cocaine to be transported to the Springfield area via concealed compartments in a Nissan Juke. Cruz has pleaded guilty to cocaine and firearms offenses and is awaiting sentencing in federal court in Worcester.
Baulkman faces at least five years and no more than 40 years in prison, a minimum of four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
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. Valuable assistance was provided by the Internal Revenue Service Criminal Investigation’s in Boston and the Westfield Police Department. Assistant U.S. Attorneys Katharine A. Wagner of Lelling’s Springfield Office and Evan J. Gotlob of Lelling’s Boston Office are prosecuting the case.
Two Businessmen Convicted of International Bribery OffensesRead the Press Release
A federal jury in Boston found the chairman and CEO of an investment firm and a member of the investment firm’s board of directors guilty today for their participation in a scheme to bribe officials of the Republic of Haiti in exchange for business advantages for the investment firm.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew Lelling of the District of Massachusetts and Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office made the announcement.
Roger Richard Boncy, 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain, and Joseph Baptiste, DDS, 66, of Fulton, Maryland, were found guilty after a two-week jury trial before U.S. District Judge Allison D. Burroughs of the District of Massachusetts of one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and the Travel Act. Baptiste was also convicted of one count of violating the Travel Act and one count of conspiracy to commit money laundering. Boncy and Baptiste are scheduled to be sentenced by Judge Burroughs on Sept. 12, 2019.
“Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there,” said Assistant Attorney General Benczkowski. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”
“Bribery of public officials corrodes public trust and victimizes the public these officials are supposed to serve,” said U.S. Attorney Andrew E. Lelling. “We will continue to target Americans who try to bribe foreign public officials for business advantage.”
“Mr. Baptiste and Mr. Boncy had no problem soliciting bribes to funnel to senior government officials in Haiti through blatantly illegal means,” said Special Agent in Charge Bonavolonta. “Every dirty dollar they were trying to secure undermines those who are trying to conduct business lawfully. Cases like this only fuel the FBI’s commitment to tackling corruption, and today’s guilty verdict ensures that both of them will be held accountable for their actions.”
According to evidence presented at trial, Boncy and Baptiste solicited bribes from undercover FBI agents posing as potential investors in connection with a proposed project to develop a port in the Mȏle St. Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of a cement factories in its first phase, with subsequent phases having a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Boncy and Baptiste told the agents that, in order to secure Haitian government approval of the project, they would funnel the bribes to Haitian officials through a non-profit entity that Baptiste controlled, which was based in Maryland and purported to help impoverished residents of Haiti. In intercepted telephone calls played during trial, Boncy and Baptiste discussed bribing an aide to a high-level elected official in Haiti with a job on the port development project, in exchange for the aide’s help in obtaining the elected official’s authorization for the project. Boncy and Baptiste also told the undercover agents that they would hide the bribes through money falsely earmarked for social programs and that they would bribes officials at all levels of the Haitian government.
The FBI’s Boston Field Office and International Corruption Unit investigated the case. Trial Attorney Elina Rubin-Smith of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kriss Basil of the District of Massachusetts are prosecuting the case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Springfield Man Pleads Guilty to Heroin ConspiracyRead the Press Release
BOSTON – A Springfield man pleaded guilty yesterday in federal court in Springfield in connection with his role in a large-scale drug conspiracy that trafficked dozens of kilos of heroin and fentanyl into Springfield from Bronx, N.Y., and the Dominican Republic.
Marcos Pena, 31, pleaded guilty to one count of conspiring to distribute and possession with intent to distribute heroin and two counts of distribution of and possession with intent to distribute more than 100 grams of heroin. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 24, 2019.
Pena admitted to his part in the conspiracy, which included, amongst other roles, transporting tens of thousands of dollars at a time to sources of heroin in the Bronx and transporting multiple kilograms of heroin back to Springfield, where the heroin would then be packaged at Springfield-based heroin mills.
Pena also admitted to distributing heroin to a government witness on two separate occasions in February 2016. On Feb. 10, 2016, Pena and co-defendant Alberto Marte sold approximately 125 grams of heroin to the witness. Pena again sold 125 grams of heroin to the same witness on Feb. 24, 2016.
Marte has pleaded not guilty and is awaiting trial.
The charge of conspiracy to distribute heroin provides for a sentence of no greater than 20 years in prison, a minimum of three years of supervised release, and a fine of up to $5 million. Each charge of distribution of more than 100 grams of heroin provides for a mandatory minimum sentence of five years in prison, a minimum of four 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County District Attorney Anthony D. Gulluni; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Acting Springfield Police Commissioner Cheryl Clapprood; Chicopee Police Chief William Jebb; Holyoke Police Chief Manny Febo; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Retired U.S. Army Colonel and Businessman Convicted for Conspiring to Bribe Senior Officials of the Republic of HaitiRead the Press Release
BOSTON – A retired U.S. Army colonel and the chief executive officer of an investment company were convicted today by a federal jury in Boston of conspiring to bribe senior officials of the Republic of Haiti in connection with a planned multi-billion dollar infrastructure project in that country.
Joseph Baptiste, 64, of Fulton, Md., and Roger Richard Boncy, 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain, were convicted of conspiracy to violate the Travel Act and the Foreign Corrupt Practices Act. Baptiste was also convicted of one count of violating the Travel Act and one count of money laundering conspiracy. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Sep. 12, 2019.
“Bribery of public officials corrodes public trust and victimizes the public these officials are supposed to serve,” said U.S. Attorney Andrew E. Lelling. “We will continue to target Americans who try to bribe foreign public officials for business advantage.”
“Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”
“Mr. Baptiste and Mr. Boncy had no problem soliciting bribes to funnel to senior government officials in Haiti through blatantly illegal means,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Every dirty dollar they were trying to secure undermines those who are trying to conduct business lawfully. Cases like this only fuel the FBI’s commitment to tackling corruption, and today’s guilty verdict ensures that both of them will be held accountable for their actions.”
Baptiste and Boncy solicited bribes from undercover agents in Boston who posed as potential investors in infrastructure projects in Haiti in connection with a proposed project to develop a port in the Mole-Saint-Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of multiple cement factories, a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Boncy and Baptiste told the agents that they would funnel the payments to Haitian officials through a non-profit entity that Baptiste controlled – which is based in Maryland and purported to help impoverished residents of Haiti – in order to secure government approval of the project.
In telephone calls intercepted pursuant to a court-authorized wiretap, Boncy and Baptiste discussed bribing an aide to a high-level elected official in Haiti with a job on the port development project in exchange for the aide’s help in obtaining the elected official’s authorization for the project. Boncy and Baptiste also told the undercover agents that they would hide the bribes through money falsely earmarked for social programs and that they would bribe officials at all levels of the Haitian government.
The charges of violating the Travel Act and the Foreign Corrupt Practices Act and conspiracy each provide for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, AAG Benczkowski and FBI Boston SAC Bonavolonta made the announcement. Assistant U.S. Attorney Kriss Basil of Lelling’s Securities and Financial Fraud Unit and Trial Attorney Elina A. Rubin-Smith of the Criminal Division’s Fraud Section are prosecuting the case.
UPDATE: Criminal charges against the defendants, Joseph Baptiste and Roger Boncy, were dismissed in June 2022.
New Bedford Police Officer Indicted on Child Pornography OffensesRead the Press Release
BOSTON – A New Bedford police officer was indicted by a federal grand jury in Boston today on charges of possessing and distributing child pornography.
Paul Hodson, 42, of Acushnet, was indicted on one count of distribution of child pornography and one count of possession of child pornography. On June 12, 2019, Hodson was arrested and charged by criminal complaint and has been in custody since. An arraignment date has not yet been scheduled.
Following an investigation into the use of peer-to-peer file sharing networks for the trade of child pornography, a federal search warrant was executed at Hodson’s Acushnet home. Hodson was interviewed on-scene and admitted to using peer-to-peer file sharing software to trade child pornography. In the course of a preliminary on-scene forensic preview of Hodson’s computer, hundreds of child pornography files were recovered, including at least one file that was distributed to undercover law enforcement in the course of the investigation that led to the search warrant.
The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Acushnet Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Pittsfield Attorney Sentenced for Bulk Cash SmugglingRead the Press Release
BOSTON – A former Pittsfield attorney was sentenced yesterday in federal court in Springfield for smuggling $125,000 into the United States from Bermuda.
John Castiglione, 75, was sentenced by U.S. District Court Judge Mark G. Mastroianni to one year of probation and forfeiture of $125,000. On March 22, 2019, Castiglione pleaded guilty to one count of bulk cash smuggling. According to the terms of his plea agreement, Castiglione agreed to resign from the practice of law and to never again seek admission to the bar.
On approximately May 2, 2014, Castiglione attempted to mail two packages containing $60,000 and $65,000 from Bermuda to his residence in Pittsfield, with the intent to evade federal reporting requirements concerning the cash. After law enforcement officers seized the packages in the United States, they interviewed Castiglione, who admitted that he was aware of the federal reporting requirements but had attempted to smuggle the money into the United States because, in part, he did not want to pay any taxes and fees. In addition, Castiglione also provided various contradictory statements regarding the origin of the $125,000, including a false statement that the money might have been owned by a client of his law practice, when he knew that the money actually belonged to his family.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.
Former Massachusetts State Trooper Sentenced in Overtime Abuse InvestigationRead the Press Release
BOSTON – A former Massachusetts State Police Trooper was sentenced today in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police (MSP).
Gary Herman, 45, of Chester, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to one day in prison (deemed served), one year of supervised release with the first three months to be served in home confinement and restitution in the amount of $12,468. In October 2018, Herman pleaded guilty to one count of embezzlement from an agency receiving federal funds.
Herman was an MSP Trooper assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. In 2016, Herman earned $227,826, which included approximately $63,053 in overtime pay.
Herman was paid for overtime shifts that he did not work at all or from which he left early. Herman concealed his abuse by submitting fraudulent citations designed to create the appearance that he had worked overtime hours that he had not, and falsely claimed in MSP paperwork and payroll entries that he had worked the entirety of his overtime shifts. On multiple occasions Herman fabricated bogus citations, copying driver information from citations that he had issued months earlier, in order to be paid for overtime that he did not work at all. In 2016, Herman collected $12,468 for overtime that he did not work.
The overtime in question involved the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative, which were intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers who were to target vehicles traveling at excessive speeds.
In 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.
Herman is the sixth trooper to be sentenced. In June 2019, retired Lieutenant David Wilson was sentenced to one day (deemed served), two years of supervised release with the first six months to be served in home detention, and restitution of $12,450; suspended Trooper Heath McAuliffe was sentenced to one day (deemed served), one year of supervised release with the first six months to be served in home detention, a fine of $4,000, and restitution of $7,860. In May 2019, suspended Trooper Kevin Sweeney was sentenced to two months in prison, one year of supervised release with the first three months to be served in home detention, a fine of $4,000, and restitution of $11,103. In March 2019, former Trooper Gregory Raftery was sentenced to 90 days in prison, one year of supervised release, and restitution of $51,377. Suspended Trooper Eric Chin was sentenced to one day in prison (deemed served), one year of supervised release with three months to be served in home detention, and restitution of $7,125. Retired Troopers Daren DeJong and Paul Cesan have pleaded guilty and are awaiting sentencing.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit prosecuted the case.
Former Hadley, Massachusetts, Police Officer Sentenced for Using Excessive Force and Obstructing InvestigationRead the Press Release
A former Hadley Police Department Officer was sentenced today in federal court in Springfield, Massachusetts, for using unreasonable force during an arrest and then falsifying a police report of the incident.
Christopher M. Roeder, 50, of Agawam, Massachusetts, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 14 months in prison. In February 2019, after a week-long trial, a federal jury found Roeder guilty of one count of deprivation of rights under color of law and one count of falsification of a document.
Evidence presented at trial established that, on April 3, 2017, Roeder struck an arrestee in the face without legal justification, while the arrestee was seated on a bench in the Hadley Police Department booking area. The strike fractured the arrestee’s nose in multiple places and required surgery to repair. Roeder subsequently attempted to obstruct the investigation into his assault of the arrestee by falsifying his police report describing the incident.
“Law enforcement officers are sworn to uphold and defend the laws of our nation,” said Assistant Attorney General Eric Dreiband. “Roeder abused his power and violated the constitutional rights of an arrestee, eroding the public’s trust in law enforcement. The Department of Justice will continue to hold law enforcement officers accountable for their actions.”
“Officers aren’t only expected to enforce the law in their communities, they are expected to follow it themselves,” said U.S. Attorney Andrew E. Lelling. “In this case, an officer broke a man’s nose for no legitimate purpose and then, in an effort to cover up the attack, falsified official documents about the incident. This behavior is unacceptable in someone entrusted with protecting the public safety.”
“As a police officer sworn to uphold the law, Mr. Roeder’s conduct deliberately abused the authority bestowed upon him, undermining the integrity of our criminal justice system,” said Special Agent in Charge Joseph R. Bonavolanta of the FBI Boston Division. “The overwhelming majority of law enforcement officers perform their duties with dedication and integrity, putting their lives on the line every day to keep our communities safe. This case illustrates the FBI’s commitment and ability to address isolated incidents where officers betray the badge and the public’s trust.”
Assistant Attorney General Dreiband; U.S. Attorney Lelling; and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office and Trial Attorney Timothy Visser of the Department of Justice’s Civil Rights Division prosecuted the case.
Former Hadley Police Officer Sentenced for Using Excessive Force and Obstructing InvestigationRead the Press Release
BOSTON – A former Hadley Police Department officer was sentenced today in federal court in Springfield for using unreasonable force during an arrest and then falsifying a police report of the incident.
Christopher M. Roeder, 50, of Agawam, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 14 months in prison and one year of supervised release. In February 2019, after a week-long trial, a federal jury found Roeder guilty of one count of deprivation of rights under color of law and one count of falsification of a document.
Evidence presented at trial established that, on April 3, 2017, Roeder struck an arrestee in the face without legal justification, while the arrestee was seated on a bench in the Hadley Police Department booking area. The strike fractured the arrestee’s nose in multiple places and required surgery to repair. Roeder subsequently attempted to obstruct the investigation into his assault of the arrestee by falsifying his police report describing the incident.
“Officers aren’t only expected to enforce the law in their communities, they are expected to follow it themselves,” said U.S. Attorney Andrew E. Lelling. “In this case, an officer broke a man’s nose for no legitimate purpose and then, in an effort to cover up the attack, falsified official documents about the incident. This behavior is unacceptable in someone entrusted with protecting the public safety.”
“Law enforcement officers are sworn to uphold and defend the laws of our nation,” said Assistant Attorney General Eric Dreiband. “Roeder abused his power and violated the constitutional rights of an arrestee, eroding the public’s trust in law enforcement. The Department of Justice will continue to hold law enforcement officers accountable for their actions.”
“As a police officer sworn to uphold the law, Mr. Roeder’s conduct deliberately abused the authority bestowed upon him, undermining the integrity of our criminal justice system,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office. “The overwhelming majority of law enforcement officers perform their duties with dedication and integrity, putting their lives on the line every day to keep our communities safe. This case illustrates the FBI’s commitment and ability to address isolated incidents where officers betray the badge and the public’s trust.”
U.S. Attorney Lelling, Assistant Attorney General Dreiband, and FBI Boston SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla, Chief of Lelling’s Springfield Branch Office, and Trial Attorney Timothy Visser of the Department of Justice’s Civil Rights Division prosecuted the case.
Dominican National Sentenced for Fentanyl Conspiracy Including the Distribution of Counterfeit Pain PillsRead the Press Release
BOSTON – A Dominican national residing in Roxbury with lawful permanent resident status was sentenced today in federal court in Boston for his role in a wide-ranging narcotics trafficking operation that included distributing counterfeit prescription pain pills containing fentanyl throughout Boston and Cape Cod.
Santiago Pena, 51, was sentenced by U.S. District Court Judge William G. Young to two years in prison and five years of supervised release. In December 2017, Pena pleaded guilty to one count of conspiracy to distribute 40 grams or more of fentanyl.
A lengthy wiretap investigation revealed that James Ramirez, an individual charged separately, supplied large-quantities of fentanyl and heroin to Kevin and Alex Fraga, drug dealers on Cape Cod. Ramirez also sold fentanyl pills designed to look like legitimate prescription oxycodone pills. Wiretap intercepts revealed that Ramirez was distributing fentanyl pills in batches of 100 to numerous other drug dealers. Over 2,500 fentanyl pills were recovered as a result of Ramirez’s arrest in late August.
Pena brokered fentanyl pill deals on Ramirez’s behalf, helping to connect Ramirez with a fentanyl pill supplier. On multiple occasions, Ramirez traded used cars for a combination of cash and fentanyl pills in deals that Pena helped arrange.
Alex Fraga pleaded guilty in August 2017, and was sentenced on June 10, 2019, to 131 months in prison. Kevin Fraga and Ramirez pleaded guilty and are scheduled to be sentenced on Aug. 8, 2019, and Oct. 1, 2019, respectively.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. Assistance was provided by the Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department. Assistant U.S. Attorneys Alathea Porter and Philip Cheng of Lelling’s Narcotics and Money Laundering Unit are prosecuting the cases.
Dominican National Sentenced for Distributing Fentanyl and HeroinRead the Press Release
BOSTON – A Dominican national residing in Lawrence was sentenced yesterday in federal court in Boston for distributing a mixture of fentanyl and heroin.
Jorge Aguasvivas, 39, was sentenced by U.S. District Court Judge Indira Talwani to 78 months in prison and four years of supervised release. The defendant will be subject to deportation upon completion of his sentence. In March 2019, Aguasvivas pleaded guilty to one count of distribution of 40 grams or more of fentanyl and 100 grams or more of heroin.
On Aug. 2, 2018, during a joint federal and state law enforcement operation in Lawrence, Aguasvivas delivered 139 grams of a substance containing a mixture of fentanyl and heroin to an undercover agent. Agents arrested Aguasvivas immediately after the drug delivery.
United States Attorney Andrew Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Massachusetts Attorney General Maura Healey; 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 prosecuted the case.
Brazilian National Pleads Guilty to Making False Statements Concerning South Boston School ShootingRead the Press Release
BOSTON – A Brazilian national pleaded guilty today in connection with sending a letter to U.S. Citizenship and Immigration Services (USCIS) that threatened an armed attack on a South Boston school in 2018.
Clebio P. De Lima, 43, a Brazilian national previously residing in Quincy, pleaded guilty to two counts of making false statements to federal authorities. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for July 31, 2019.
In February 2018, USCIS’ Boston Office received an unsigned letter handwritten in Portuguese stating that an individual identified by the name of “Mario” was going to carry out an attack at a South Boston school. The letter stated that Mario had purchased two firearms and that he was looking to buy more. The letter concluded by stating, “I invite you to take action, I trust in you. Thank you for the great security of this country.”
Following an investigation, it was determined that the allegations in the letter were false, and that De Lima sent the letter to USCIS hoping that the federal government would arrest his ex-wife’s boyfriend. During a subsequent interview with federal law enforcement agents in September 2018, De Lima falsely denied any knowledge about the unsigned letter sent to USCIS.
The charging statute provides for a sentence of no greater than five years in prison, one year 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. The case was investigated by the FBI Boston Joint Terrorism Task Force. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
Beverly Man Pleads Guilty to Sending Threatening Letters and White Powder to an Online Dating WebsiteRead the Press Release
BOSTON – A Beverly man pleaded guilty today to sending nine letters, one of which contained a white powder the defendant described as anthrax and another containing a red substance he described as blood infected with the AIDS virus, to the online dating website OkCupid.com.
Liam MacLeod, 47, pleaded guilty to two counts of mailing threatening communications and two counts of conveying false information and hoaxes. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Sept. 18, 2019.
Between September and December 2017, OkCupid’s corporate headquarters in Dallas, Texas, received nine mailings containing either threatening communications and/or suspicious substances. All of the mailings were addressed to OkCupid’s Chief Executive Officer (CEO).
On or about Sept. 12, 2017, MacLeod mailed an envelope addressed to OkCupid’s CEO in Dallas containing a suspicious white powder, along with a handwritten letter with the following text:
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 on or about Sept. 14, 2017 addressed to OkCupid’s CEO in Dallas 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!
A third envelope was sent by MacLeod on or about Sept. 20, 2017 to OkCupid’s CEO in Dallas. The envelope and the single piece of white paper it contained each had significant red-brown staining consistent with blood. The next day, MacLeod mailed another letter addressed to OkCupid’s CEO containing a typewritten letter wherein MacLeod indicated that the red-brown staining on the previous letter was blood infected with the AIDS virus.
Between Oct. 4, 2017 and Dec. 21, 2017, MacLeod mailed five additional envelopes addressed to OkCupid’s 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.
The charge of false information and hoaxes provides for a sentence of no greater than five years in prison, one year of supervised release and a fine of up to $250,000. The charge of mailing threatening communications provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and David 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 has been fully cooperative with the investigation. Assistant U.S. Attorney Jason A. Casey of Lelling’s National Security Unit is prosecuting the case.
“John Doe” Arrested for Passport FraudRead the Press Release
BOSTON - A Southbridge man whose identity is unknown has been arrested and charged in federal court in Boston with making false statements in an application for a U.S. passport. It is alleged that Doe has used and maintained the identity of a U.S. citizen from Puerto Rico for 36 years.
John Doe, whose true identity is unknown, was charged with one count of false statement in application of a passport. He will appear in federal court in Boston today at 3:30 p.m.
In January 2018, Doe allegedly submitted an application for a United States passport by representing himself as a U.S. citizen from Puerto Rico. He provided the U.S. citizen’s name, place of birth, and Social Security number. The Social Security number Doe provided did not, however, match the individual’s name he was representing as his own.
In support of his passport application, Doe allegedly provided a copy of a birth certificate issued to the victim whose identity he was representing as his own, an expired U.S. passport issued in 1988, an inmate’s identity card issued by the Federal Bureau of Prisons in the victim’s name, a Federal Probation Department urinalysis card in the victim’s name, and a letter from a U.S. Probation Officer Assistant indicating that Doe is currently on Federal Supervised Release.
The passport application and documents were sent to the Boston Passport Agency and subsequently referred to the Fraud Prevention Unit. It was then determined that the Social Security number submitted with the application was valid, but did not match the victim’s name Doe used in his application. On further review, it was determined that the Social Security number used on Doe’s previous passport application from 1988 was in fact a fraudulent number that had never been issued by the Social Security Administration.
Further investigation revealed that Doe, who is on lifetime parole, has used four different names, four different dates of birth, and three different Social Security numbers. Doe has an extensive criminal record dating back to the 1970s. At one time, Doe owned an auto body shop in New York that was used to install electronic hidden compartments in cars to conceal cocaine trafficked from Colombia and money.
The passport fraud charge provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office, made the announcement. Assistant U.S. Attorney Lindsey Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lowell Man Sentenced for Armed Bank RobberyRead the Press Release
BOSTON - A Lowell man was sentenced today in federal court in Boston for a masked and armed bank robbery.
Jason M. Nobles, 37, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 188 months in prison and five years of supervised release. In January 2019, Nobles pleaded guilty to one count of armed bank robbery. Nobles is currently in federal custody.
On Feb. 26, 2018, a masked individual, later identified as Nobles, entered a branch of the Santander Bank in Swansea, approached a teller’s station, brandished what appeared to be a black semi-automatic pistol, pointed the pistol at the bank’s tellers and demanded cash. Throughout the robbery, Nobles pointed the weapon at the tellers ordering them to hurry up and threatening to shoot them. The tellers handed Nobles cash from their drawers, and Nobles fled the bank. A post robbery audit determined that Nobles stole approximately $15,000.
Bank employees witnessed Nobles depart the bank, run to a neighboring parking lot, and leave the area in a gray Toyota SUV, which had been reported stolen from Rhode Island earlier in the day. The employees were able to provide law enforcement with a vehicle description and the physical description of the robber. A high-speed chase ensued and local law enforcement officers, across multiple towns, worked together to locate the Toyota SUV, stop it, and detain the driver - Nobles - who matched the description of the robber given by the bank’s employees. Later, when law enforcement executed a search of the vehicle, they found a large sum of money and a black Sig Sauer semi-automatic pellet gun.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Bristol County District Attorney Thomas M. Quinn; Swansea Police Chief George Arruda; and Rehoboth Police Chief James J. Trombetta made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Former Executive Assistant Charged with Embezzling over $3 MillionRead the Press Release
BOSTON – The former executive assistant of a Waltham-based technology company was arrested today and charged in connection with a fraud and embezzlement scheme that netted over $3 million.
Shivani Patel, 37, of Vineyard Haven, was charged by criminal complaint with one count of bank fraud. Patel was arrested this morning and will appear before U.S. Magistrate Judge Judith Dein this afternoon.
As alleged in the complaint, Patel served as an executive assistant to the chief financial officer of a Waltham-based technology company. Her 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 stole funds 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 allegedly began taking customer checks payable to her employer out of the mail, depositing those checks into the sham company’s bank account, and concealing her embezzlement by making false entries in her employer’s billing system. In total, Patel embezzled approximately $3,076,369 from her former employer.
The charge of bank fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release, a fine of $1 million, 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. Attorneys Justin D. O’Connell of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a doubt in a court of law.
Florida Men Indicted for Wire Fraud ConspiracyRead the Press Release
BOSTON – Two Florida men were indicted yesterday in federal court in Boston in connection with the fraudulent abuse of the U.S. Postal Service’s (USPS) Informed Delivery electronic notification system.
Fred Alcius and Lucson Appolon, both 34 and of Lauderhill, Fla., were each indicted on one count of conspiracy to commit wire fraud. Alcius was also charged with two counts of aggravated identity theft and Appolon was charged with one count of aggravated identity theft. The defendants and their co-conspirators, Peter Belony and Kevens Louis were previously charged by complaint on April 9, 2019. Appolon was arrested on April 16, 2019, 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 Maine and Massachusetts.
On June 14, 2019, Belony pleaded guilty to conspiracy to commit wire fraud. He is scheduled to be sentenced on Sept. 19, 2019. Louis has pleaded not guilty and is awaiting trial.
The charge of conspiracy to commit wire fraud carries a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. The charge of aggravated identity theft carries a mandatory minimum sentence of two years in prison, to be served consecutive to any other sentence imposed, 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 Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Cybercrime Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Inmate at State Correctional Facility Pleads Guilty to Drug ChargesRead the Press Release
BOSTON – An inmate at a Massachusetts correctional facility pleaded guilty today federal court in Boston in connection with smuggling drugs into the facility.
Chad Connors, 42, pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 12, 2019.
In September 2018, Connors, who was an inmate at Massachusetts Correctional Institute – Cedar Junction (MCI-CJ) in South Walpole at the time, was indicted along with William Guillemette, 39, also an MCI-CJ inmate, Margaret Guillemette, 58, and Lisa Guillemette, 42.
Chad Connors and William Guillemette were inmates housed at MCI-CJ’s Departmental Disciplinary Unit (DDU). Connors was involved in a romantic relationship with Christine Ramos, a nurse assigned to the DDU. At Connors’ request, Ramos agreed to smuggle contraband, including controlled substances, into MCI-CJ. In order to do this, Ramos opened two P.O. Boxes through a third party. Connors sent letters and money to Ramos at these P.O. Boxes and, at William Guillemette’s direction, Lisa and Margaret Guillemette, obtained and sent Suboxone and Alprazolam to the P.O. Boxes. Ramos subsequently smuggled the drugs into the DDU and delivered them to Connors. Connors and William Guillemette then distributed the drugs to other inmates, who sent checks to Lisa and Margaret Guillemette as payment for the drugs. Suboxone and Alprazolam are Schedule III and Schedule IV controlled substances, respectively.
William Guillemette and Lisa Guillemette previously pleaded guilty and are awaiting sentencing. Margaret Guillemette previously pleaded guilty and was sentenced to time served (five days), two years of supervised release and 200 hours of community service. The nurse, Christine Ramos, pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam, and was sentenced two years of probation.
The charge of conspiracy to distribute Suboxone and Alprazolam provides for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $500,000 and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, made the announcement today. Assistant U.S. Attorney Eugenia Carris, of Lelling’s Public Corruption and Special Prosecutions Unit, is prosecuting the case.
New Salem Man Charged with Child Pornography OffensesRead the Press Release
BOSTON - A New Salem man was charged yesterday in federal court in Springfield with child pornography offenses.
Nicholas Conkey, 33, was charged with two counts of distribution of child pornography, two counts of receipt of child pornography, and one count of possession of child pornography.
At various times in 2018 and 2019, Conkey is alleged to have sent and received child pornography by email. On Jan. 18, 2019, he is alleged to have been in possession of child pornography depicting children younger than 12-years-old.
Possession of child pornography carries a sentence of no greater than 20 years in prison and the charges of distribution and receipt of child pornography carry a mandatory minimum sentence of five years and up to 20 years in prison. All three charges provide for a mandatory minimum sentence of five years and up to a lifetime of supervised release and a fine of up to $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 and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. 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 U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New Jersey Broker Pleads Guilty in “Cherry-Picking” SchemeRead the Press Release
BOSTON – A former New Jersey securities broker pleaded guilty in federal court in Newark, N.J. today to charges of defrauding his clients by engaging in a multi-year “cherry-picking” scheme.
Michael Bressman, 61, of Montville, N.J., formerly of FCG Advisors and FCG Wealth Management in Chatham, N.J., pleaded guilty to securities fraud and investment advisor fraud. U.S. District Judge Esther Salas of the District of New Jersey scheduled sentencing for November 2019. On Sept. 11, 2018, Bressman was charged by indictment in the District of Massachusetts, and the case was transferred to the District of New Jersey on Nov. 8, 2018.
Bressman misused his access to an omnibus or “allocation” account to obtain at least $700,000 in illicit trading profits over a six-year period ending in February 2018. Bressman used the allocation account to place trades and cherry-picked profitable trades, which he then transferred to his own account and the account of family members, while placing unprofitable trades in other customers’ accounts.
The charge of securities fraud provides for a sentence of no greater than 20 years in prison, five years of supervised release and a fine of $5 million. The charge of investment advisor fraud provides for a sentence of no greater than five years in prison, two 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. Pursuant to the plea agreement, the government recommended a sentenced of 24 to 40 months in prison.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The SEC’s Market Abuse Unit in New York provided assistance with the investigation. Assistant U.S. Attorney Eric Rosen of Lelling’s Securities and Financial Fraud Unit and Assistant U.S. Attorney Courtney Howard of the District of New Jersey are prosecuting the case.
Lexington Man and Semiconductor Company Indicted for Theft of Trade SecretsRead the Press Release
BOSTON – A Chinese born naturalized U.S. citizen living in Lexington, and a company he and his wife established, were charged in federal court in Boston in connection with stealing proprietary information from his former employer, Analog Devices, Inc. (ADI), a semiconductor company headquartered in Norwood. Yu is also charged with allegedly selling and illegally exporting integrated circuits that incorporated ADI’s stolen trade secrets.
Haoyang Yu, a/k/a “Jack Yu,” a/k/a “Harry Yu,” a/k/a “Jack Tricon,” 40, of Lexington, was arrested and charged along with his company, Tricon MMIC LLC, in an indictment unsealed today. Yu was indicted on four counts of theft of trade secrets; four counts of copying, uploading, downloading, and attempted copying, uploading, and downloading of a trade secret; four counts of possession and attempted possession of a trade secret; and three counts of smuggling. Tricon MMIC LLC was also indicted on three counts of smuggling. Yu will appear this afternoon in federal court in Boston.
“Theft of trade secrets from American companies is a pervasive economic and national security threat, which makes Massachusetts, a worldwide leader in technological research and innovation, a target,” said United States Attorney Andrew E. Lelling. “Yu is charged with a massive theft of proprietary trade secret information from his former employer for the purpose of setting up his own company and marketing their products as his own. Today’s charge should make it clear that combating the theft of trade secrets from American businesses is one of my office’s top priorities.”
“Today’s actions are the result of the seamless coordination and collaborative counter proliferation efforts by the Office of Export Enforcement, the Justice Department, Homeland Security Investigations, NCIS and the FBI,” said Acting Special Agent in Charge William Higgins of the Office of Export Enforcement. “The Boston Field Office, Office of Export Enforcement will continue to work with all its Law Enforcement partners to stem illicit trade that threatens U.S. national security and undermines U.S. foreign policy. We will continue to vigorously pursue violators wherever they may be.”
“Violations of U.S. export laws like the ones charged in this case are serious offenses that undermine national security through the illegal export of sensitive U.S. technology and compromise the economic viability of American companies,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations, Boston. “Today’s enforcement actions could not have occurred without the coordinated efforts of a very dedicated team of law enforcement partners that included members of HSI’s Counter-Proliferation Investigations Center, the agency’s specialized unit dedicated to preventing the illegal export of U.S. technology and protecting American businesses by combating transnational criminal networks and violators of our export laws.”
“As alleged, Mr. Yu stole trade secrets from his employer for his own financial gain,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “We are deeply concerned about American innovation ending up in the wrong hands, and the FBI is committed to investigating rogue actors and foreign nations who steal our trade secrets, technology, and proprietary information for military or economic gain. While we all welcome fair competition, we cannot and will not tolerate stealing and cheating. It’s illegal, unethical, and unfair, and this type of conduct hurts American businesses, jobs, and consumers, and in many instances, jeopardizes our national security.”
NCIS Northeast Field Office Special Agent in Charge Leo S. Lamont stated: “NCIS works closely with our partners in the FBI, HSI, and Department of Commerce to aggressively combat the theft of trade secrets and the illegal export of sensitive defense technologies. These crimes not only weaken our national security but also jeopardize the safety of our brave men and women in uniform.”
According to the charging document, Yu was born in Harbin, China, and first came to the United States in 2002 through the student visa program. He became a lawful permanent resident in June 2009, and a naturalized U.S. citizen in March 2017. In July 2014, Yu started working at ADI as a principal design engineer.
As alleged in the indictment, Yu worked for ADI designing and developing parts of monolithic microwave integrated circuits (MMICs), which are used in radio, cellular, and satellite communications as well as defense and aerospace applications. As a result of his work, Yu had access to data and information relating to the present and future product designs, schematics, manufacturing files and testing procedures. It is alleged that, while working for ADI, Yu downloaded hundreds of highly confidential schematic design files and modeling files that belonged to ADI, and copied portions of those files into spreadsheets which he uploaded to his personal Google drive account. The files Yu allegedly stole from ADI were worth millions of dollars.
In March 2017, approximately five months before he resigned from ADI, Yu and his wife established Tricon MMIC LLC, which according to its website, “specializes in wide band MMIC amplifiers,” and serves customers in “defense and aerospace, test and instrumentation, [and] satellite communications.”
On July 31, 2017, Yu resigned from ADI and signed an agreement affirming that he had surrendered all proprietary information or data. Nevertheless, in December 2018, Yu allegedly had propriety ADI files in his possession. Furthermore, since creating Tricon in March 2017, Yu marketed and sold approximately 20 ADI designs as his own, and even used the same semiconductor fabrication plant as ADI. Yu used the Tricon website to target ADI customers, claiming that Tricon could better serve customers because ADI “has hit many customers by sudden announcements of obsolete parts.” For each purported obsolete part, Tricon listed a replacement part on its website. These replacement parts contained specifications identical to or substantially similar to ADI.
It is alleged that since leaving ADI, from August 2017 to June 2019, Yu has been working at a cleared defense contractor while simultaneously operating Tricon and selling parts that are identical to, or substantially similar, to ADI products and which incorporate ADI’s stolen trade secrets. Yu has also allegedly used Tricon to illegally export several parts to Spain by concealing both his name and the export control classification number of the parts being exported on the shipping documents.
ADI, the named victim of the Yu’s theft of trade secrets, has been cooperating with the government throughout this investigation.
The charge of stealing, copying, downloading, and possessing a trade secret provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of smuggling goods from the United States provides for a sentence of no greater than 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.
U.S. Attorney Lelling; Acting DOC – Office of Export Enforcement SAC Higgins; HSI Boston SAC Fitzhugh; FBI Boston SAC Bonavolonta; and NCIS SAC Lamont made the announcement today. The following agencies also assisted in this investigation: Customs and Border Protection; Coast Guard Investigative Service; Defense Criminal Investigative Service; Massachusetts State Police; Lexington Police Department; and Hingham Police Department. Assistant U.S. Attorney B. Stephanie Siegmann, Chief of Lelling’s National Security Unit, and Assistant U.S. Attorney George Varghese, of Lelling’s National Security 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.
UPDATE: In April 2022, Haoyang Yu was acquitted by a federal jury of 18 counts of the charges alleged in the indictment. He was convicted of one count of possessing a stolen trade secret.
Former Chicopee Police Officer Sentenced for Immigration FraudRead the Press Release
BOSTON – A former Chicopee police officer was sentenced yesterday in federal court in Springfield in connection with immigration fraud.
Nhac Duy Truong, 44, of East Longmeadow, was sentenced by U.S. District Court Judge Mark G. Mastroianni to a $5,000 fine. In February 2019, Truong pleaded guilty to one count of immigration fraud. According to the terms of the plea agreement, Truong agreed to resign from the Chicopee Police Department, where he has served as a police officer since 2004, and to never seek employment in law enforcement.
In 2008 and 2009, Truong submitted two petitions for a claimed alien fiancée, who was in fact the sister of his common law wife. On Feb. 15, 2011, in Ho Chi Minh City, Vietnam, Truong signed a sworn affidavit in support of his second petition for his common law wife’s sister that falsely stated he had never lived with his common law wife and never met her in person, when in fact he had lived with her, and she is the mother of his two children.
United States Attorney Andrew E. Lelling and William Gannon, Special Agent in Charge of the United States Department of State, Bureau of Diplomatic Security, Boston Field Office, made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office prosecuted the case.
Florida Man Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
BOSTON – A Florida man pleaded guilty 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, of Margate, Fla., pleaded guilty to one count of conspiracy to commit wire fraud. U.S. District Court Judge Douglas Woodlock scheduled sentencing for Sept. 19, 2019. Belony and his co-conspirators, Fred Alcius, Lucson Appolon, and Kevens Louis were charged on April 9, 2019. Co-conspirators Appolon and Louis were arrested on April 16, 2019; Belony was arrested on April 26, 2019; 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.
The charge of conspiracy to commit wire fraud carries a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Valuable assistance was provided by the Federal Bureau of Investigation, Boston Field Office; 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 is prosecuting the case.
The details contained in the indictment are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Pleads Guilty to Federal Firearm OffenseRead the Press Release
BOSTON – A Boston man pleaded guilty yesterday in federal court in Boston to being a felon in possession of a firearm and ammunition.
Mohamed Abdulaziz, 32, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 11, 2019. Abdulaziz was charged in December 2018 and is currently in state custody.
On Sept. 2, 2018, law enforcement officers stopped Abdulaziz on Route 24 South in West Bridgewater because he was driving erratically. After Abdulaziz failed several field sobriety tests, he was arrested for driving under the influence of alcohol. Troopers then conducted a routine inventory search of Abdulaziz’s vehicle before it was towed and found a loaded revolver beneath the driver’s seat. Federal law prohibits Abdulaziz from possessing a firearm or ammunition because of a prior felony conviction.
The charging statute provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
Three Brockton Men Indicted for Selling Drugs via the Dark WebRead the Press Release
BOSTON – Three Brockton men were indicted yesterday in federal court in Boston on charges of conspiring to manufacture and distribute controlled substances.
Binh Thanh Le, 22, Steven McCall, 23, and Allante Pires, 22, were each charged with conspiring to manufacture and distribute MDMA, Ketamine and Xanax. All three men were previously charged by criminal complaint and were detained following an initial appearance in federal court in May 2019.
According to the charging documents, Le, McCall, and Pires received wholesale quantities of controlled substances in the mail. The three men then processed and manufactured those controlled substances at an office space they rented in Stoughton. To distribute the drugs, the men allegedly created a vendor site entitled “EastSideHigh” on Dark Net Market websites, where they advertised various drugs for sale, including cocaine, MDMA, Ketamine and Xanax.
More than 20 kilograms of MDMA, more than seven kilograms of Ketamine, more than 10,000 Xanax pills, more than $200,000 worth of Bitcoin, and more than $100,000 in cash were seized by authorities. During the execution of a search warrant at the office space in Stoughton, agents encountered and arrested McCall, who was wearing latex gloves and a respirator, and was believed to be in the process of filling drug orders. During the search of that office space, a computer with the “EastSideHigh” vendor page open, and numerous packages containing MDMA and Ketamine, various shipping and packaging materials, and a pill press were recovered.
During the investigation, an undercover federal agent ordered MDMA from one of the “EastSideHigh” vendor sites on a Dark Net Marketplace, and later observed Le allegedly deposit the envelope containing the agent’s order into a United States Postal Service collection box in Stoughton. Pursuant to federal search warrants, numerous other envelopes containing MDMA and Ketamine, which are connected to this drug distribution scheme, were intercepted
On March 27, 2019, Le allegedly met with undercover law enforcement officers at a hotel in Norwood for the purpose of exchanging $200,000 worth of Bitcoin for cash. Le was arrested after he transferred the bitcoin to the agents.
United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; and Norfolk County District Attorney Michael W. Morrissey made the announcement today. Agents from Homeland Security Investigations in Colorado, Postal Inspectors from around the country, and the Stoughton, Norwood, and Brockton Police Departments assisted in the investigation. Assistant U.S. Attorneys James E. Arnold of Lelling’s Narcotics & Money Laundering Unit and Rachel E. Goldstein of Lelling’s Asset Recovery Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Roxbury Man Convicted of Identity Theft and Stealing Public FundsRead the Press Release
BOSTON – A Roxbury man identified as John Doe was convicted yesterday by a federal jury in Boston of using another person’s identity for over 40 years.
John Doe, whose true identity is unknown, was convicted of aggravated identity theft; using a passport obtained through false statements; stealing public funds; and misuse of a Social Security number. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 18, 2019.
At some point prior to 1975, Doe, who is suspected to be a Dominican national, obtained the birth certificate of a U.S. citizen from Puerto Rico. Initially, Doe did not have the U.S. citizen’s Social Security number, so he created or obtained a counterfeit Social Security card bearing the U.S. citizen’s name with a non-matching Social Security number that was assigned to a different person from Puerto Rico. From 1975 to 1994, Doe used the counterfeit Social Security card to find employment, first in New York, and later in Boston.
In 1994, Doe received a letter from the IRS notifying him that the name on his Social Security card did not match the Social Security number he was using and that he needed to go to a local Social Security Administration (SSA) office to resolve the discrepancy. Doe took the letter to an SSA office in Roxbury, where he deceived an SSA employee into believing that he was the person whose identity he had stolen and that he had forgotten his true Social Security number. Doe gave the employee the name, date of birth, place of birth, and parents’ names on the U.S. citizen’s birth certificate without disclosing that the birth certificate was not his own. The employee entered this biographical information into the SSA computer, which returned a match for the U.S. citizen’s true Social Security number. Through this deception, Doe was able to obtain a Social Security card bearing the U.S. citizen’s true name and true Social Security number.
Doe used this unlawfully obtained Social Security card for the next 18 years, until the U.S. citizen died in Puerto Rico in 2012. At that point SSA learned that someone in Massachusetts was using a deceased person’s Social Security number and began a fraud investigation.
Doe used the stolen identity to work in Boston, obtain and travel on a U.S. passport, apply for unemployment benefits, and obtain public housing benefits for himself and his family.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. The charges of using a passport obtained through false statements, and stealing public funds, each provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of misuse of a Social Security number provides for a sentence of no greater than 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 on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, Labor Racketeering and Fraud; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office, made the announcement today. Assistant U.S. Attorneys Christine Wichers and David Tobin of Lelling’s Major Crimes Unit are prosecuting the case.
Fitchburg Man Charged with Fentanyl TraffickingRead the Press Release
BOSTON – A Fitchburg man was indicted yesterday in federal court in Boston in connection with drug trafficking activities involving fentanyl.
Sebastian Batista, 25, was charged with one count of possession with intent to distribute more than 40 grams of fentanyl. Batista was arrested on state charges on Feb. 28, 2019, and has been in custody since. Batista will appear in federal court in Boston at a later date.
The charge of distribution of more than 40 grams of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Valuable assistance was provided by the Waltham Police Department and the Middlesex County District Attorney’s Office. 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Pleads Guilty to Illegal Reentry, Money LaunderingRead the Press Release
BOSTON - A Dominican national pleaded guilty yesterday in federal court in Boston to illegally reentering the United States after being deported and participating in a money laundering conspiracy that laundered or attempted to launder between $150,000 and $250,000 worth of drug sales proceeds.
Rafael Pascal, 55, pleaded guilty to illegal reentry of a deported alien and money laundering conspiracy. U.S. District Court Judge F. Dennis Saylor, IV, scheduled sentencing for Sept. 10, 2019.
According to court records, Pascal was deported on Jan. 5, 2002, subsequently reentered the United States, and was convicted of illegally reentering the country in 2012. In 2013, Pascal was again deported to the Dominican Republic, and sometime thereafter, again illegally entered the United States. On May 6, 2018, Pascal was arrested in Wakefield on state drug charges.
From approximately March 1, 2017, through at least July 2017, Pascal participated in a conspiracy to launder money obtained from the sale of controlled substances. Pascal admitted that he picked up cash proceeds from drug sales from various individuals and then delivered the money to individuals who were responsible for laundering the money. Pascal picked up and delivered varying quantities of cash, including, on one occasion, $59,060, which he delivered to an undercover law enforcement officer. Pascal stipulated that during the time that he participated in the conspiracy, he and his coconspirators laundered or attempted to launder between $150,000 and $250,000 in drug proceeds.
The charge of illegal reentry after deportation provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000. Pascal will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police made the announcement today. The Boston Organized Crimes Drug Enforcement Task Force (OCDETF) and the Wakefield, Arlington, Ipswich, Somerville and Boston Police Departments assisted with the investigation. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Dominican National Indicted on Fentanyl, Heroin, Identity Theft ChargesRead the Press Release
BOSTON – A Dominican national was indicted today in federal court in Worcester on drug and identity theft charges.
Jonathan Francisco Bobadilla Rosa, 30, a Dominican national residing in Worcester, was indicted on possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl, false representation of a Social Security number and aggravated identity theft.
According to court documents, on Dec. 14, 2018, law enforcement seized approximately 138 grams of a substance containing both heroin and fentanyl from a backpack carried by Bobadilla Rosa. In addition, on Feb. 14, 2018, Bobadilla Rosa falsely represented that the Social Security number of another person belonged to him in an application for a Massachusetts identification card from the Massachusetts Registry of Motor Vehicles.
The charge of possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. The charge of false representation of a Social Security number carries a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. The charge of aggravated identity theft carries a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, three years of supervised release, and a fine of $250,000. Bobadilla Rosa will be subject to deportation proceedings. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement today. Valuable assistance was provided by the Massachusetts Attorney General’s Office and the Massachusetts State Police. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Charged with Fentanyl TraffickingRead the Press Release
BOSTON – A Boston man was indicted yesterday in federal court in Boston in connection with trafficking fentanyl.
Anthony Smallwood, 28, was indicted on two counts of distribution of, and possession with intent to distribute, fentanyl, and three counts of distribution of, and possession with intent to distribute, more than 40 grams of fentanyl. On May 22, 2019, Smallwood was arrested and charged by criminal complaint. He has been in custody since.
According to court records, between March and May 2019, Smallwood engaged in five separate drug sales of fentanyl to a confidential informant.
The charges of distribution of, and possession with intent to distribute, fentanyl each provide for a sentence of no greater than 20 years in prison, a minimum of three years of supervised release, and a fine of up to $1 million; the charges involving more than 40 grams of fentanyl carry a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement. This case was investigated by the FBI’s Organized Crime Drug Enforcement Task Force Strike Force with valuable assistance from the Boston Police Department and the Suffolk County Sheriff’s Office. 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New Bedford Police Officer Charged with Child Pornography OffensesRead the Press Release
BOSTON – A New Bedford police officer was arrested today and charged in federal court in Boston with child pornography offenses.
Paul Hodson, 42, of Acushnet, was charged with one count of distribution of child pornography and one count of possession of child pornography. He will appear in federal court in Boston later today.
Following an investigation into the use of peer-to-peer file sharing networks for the trade of child pornography, a federal search warrant was executed at Hodson’s Acushnet home. Hodson was interviewed on-scene and admitted to using peer-to-peer file sharing software to trade child pornography. In the course of a preliminary on-scene forensic preview of Hodson’s computer, hundreds of child pornography files were recovered, including at least one file that was distributed to undercover law enforcement in the course of the investigation that led to the search warrant.
The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Massachusetts State Police Cyber Crime Unit and Acushnet Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former University Sailing Coach Sentenced in College Admissions CaseRead the Press Release
BOSTON – The former Stanford University sailing coach was sentenced today in federal court in Boston for his involvement in a scheme to use bribery and other forms of fraud to facilitate the admission of applicants to colleges and universities, including Stanford.
John Vandemoer, 41, of Paolo Alto, Calif., was sentenced by U.S. District Court Senior Judge Rya W. Zobel to one day incarceration (deemed served), two years of supervised release with the first six months to be served in home detention, and ordered to pay a $10,000 fine. The government recommended a sentence of 13 months in prison and one year of supervised release. On March 12, 2019, Vandemoer was charged by Information and pleaded guilty to one count of racketeering conspiracy.
“Mr. Vandemoer agreed to accept $610,000 in exchange for corrupting the admissions process of a major university,” said United States Attorney Andrew E. Lelling. “We will continue to seek meaningful penalties in these cases.”
Vandemoer conspired with Rick Singer and others to designate the children of Singer’s clients as a purported recruits for the Stanford sailing team. In exchange, Singer made payments to the Stanford sailing program, which Vandemoer oversaw.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Assistant Track Coach Pleads Guilty to Possessing Child PornographyRead the Press Release
BOSTON – A former Wellesley High School assistant track coach, who is also a former Harvard University track coach, pleaded guilty yesterday in federal court in Boston to possession of child pornography.
Walter Johnson, 71, of Framingham, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 10, 2019.
In January 2017, an investigation began into child pornography being traded by a Craigslist user. The investigation led to Johnson, a track coach at Wellesley High School and a former Harvard University track coach. During a search of Johnson’s home in Framingham, images and videos of child pornography were found on his computer and on a thumb drive hidden in his bedroom. He was arrested on scene and subsequently indicted by a federal grand jury.
The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was provided by the Internet Crimes Against Children (ICAC) task forces from Massachusetts and Rhode Island, and the Framingham Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Charlestown Man Sentenced for Bank RobberyRead the Press Release
BOSTON - A Charlestown man was sentenced yesterday in federal court in Boston for bank robbery.
Robert H. Brady, 42, was sentenced by Senior U.S. District Court Judge Douglas P. Woodlock to five years in prison and three years of supervised release. On Feb. 7, 2019, Brady pleaded guilty to bank robbery.
On June 28, 2018, a masked individual, later determined to be Brady, entered a branch of the Cambridge Savings Bank in Charlestown and approached two bank tellers demanding the tellers take money from their cash drawers and the bank’s vault and give it to him. Brady took the money and threatened to return to the bank and “blow it up” if the tellers reported the robbery. As Brady fled the area, a GPS tracking device activated within the stolen money, allowing law enforcement to track a location in Charlestown where they eventually located Brady, who was found to be in possession of a large sum of money.
Brady faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and restitution in the amount of $912. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Restaurant Owner Admits to Failing to File A Tax ReturnRead the Press Release
BOSTON - A restaurant owner pleaded guilty in federal court in Springfield today in connection with failing to file a tax return. And, on behalf of his corporation, the restaurant owner admitted that Scuderi’s Inc. filed false tax returns.
Giuseppe Scuderi, 62, of West Suffield, Conn., pleaded guilty to one count of failing to file a tax return for the year 2015, and 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. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 19, 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 and did not declare it as income, and he 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.
Scuderi faces a sentence of no greater than one year in prison, up to one year of supervised release, and a $25,000 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 and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
Illegal Radio Station Broadcasting in Worcester Agrees to SettlementRead the Press Release
BOSTON – The U.S. Attorney’s Office has reached a settlement with Vasco Oburoni and Christian Praise International Church regarding a radio station in Worcester that has been operating without a license from the Federal Communications Commission (FCC).
According to a consent decree filed today and subject to Court approval, Vasco Oburoni and Christian Praise International Church agree not to operate an unlicensed radio station in violation of the Communications Act of 1934. They also agree to surrender all of their broadcasting equipment. In the event the FCC reasonably suspects that they have violated the Act, the FCC may inspect the premises and seize any broadcasting equipment. Finally, if the FCC determines that the defendants have operated an unlicensed broadcasting station in violation of the settlement, the defendants must pay a $75,000 fine.
According to the signed consent decree, Vasco Oburoni and Christian Praise International Church admitted that they operated a radio broadcast station in Worcester, on frequency 97.1 MHz, without a license from the FCC, and previously operated an unlicensed radio station on frequency 102.3 MHz. The FCC issued multiple warnings to the illegal operators and issued a forfeiture order in the amount of $15,000 against Oburoni for repeated violation of the Communications Act of 1934. Oburoni agreed to a payment plan, but later began broadcasting again without a license on a different frequency. The FCC received complaints, including from a licensed broadcaster that the unlicensed station was interfering with radio signals.
The Communications Act of 1934 prohibits the operation of radio broadcasting equipment above certain low-intensity thresholds without a license issued by the FCC. The Act authorizes the Department of Justice, at the request of the FCC, to seek an injunction ordering compliance with the Communications Act against operators broadcasting without an FCC license. The number of available radio frequencies is limited, and unlicensed broadcasting can interfere with the broadcasting of legitimate licensed radio stations, potentially causing chaos in the radio spectrum.
United States Attorney Andrew E. Lelling and Rosemary Harold, Chief of the FCC’s Enforcement Bureau made the announcement today. Assistant U.S. Attorney Carol E. Head of Lelling’s Asset Recovery Unit is handling the matter.
Westford Man Charged with Fraud and Embezzlement SchemeRead the Press Release
BOSTON – The former CEO and co-founder of a Boston-based mobile phone music streaming service, was charged in connection with a scheme to embezzle hundreds of thousands of dollars from his employer.
David Fondots, 56, was charged by criminal complaint on one count of wire fraud. Fondots was arrested yesterday evening and made an initial appearance in federal court in Boston this afternoon.
According to the complaint affidavit, Fondots misappropriated company funds which he used for his personal benefit. It is alleged that between 2014 through 2016, Fondots caused his company to pay significant sums of money directly to himself, to a family member, and to companies controlled by a family member. Fondots used the embezzled funds to pay personal expenses for himself and his family, including car payments, legal fees, and travel, among other things.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities & Financial Fraud Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Jesus Leonardo Castillo-Martinez, 45, pleaded guilty to one count of illegal reentry of a deported alien. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 10, 2019.
In 2010, Castillo-Martinez was encountered by law enforcement while serving a sentence in New Hampshire for drug distribution. Upon completion of his sentence, Castillo-Martinez was placed into removal proceedings and on April 16, 2013, and was deported to the Dominican Republic.
In 2016, Castillo-Martinez was encountered by law enforcement and determined to be illegally present in the United States. His previous order of removal was reinstated and on Nov. 1, 2016, he was deported to the Dominican Republic.
In June 2018, law enforcement officers in Billerica arrested Castillo-Martinez on a drug distribution charge. Castillo Martinez was determined to be illegally present in the United States and charged with illegal reentry. He was indicted in federal court and has since been in the custody.
Castillo-Martinez faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
South Boston Man Pleads Guilty to Loansharking and Gambling ChargesRead the Press Release
BOSTON - A South Boston man pleaded guilty today in federal court in Boston to loansharking and gambling charges.
Tam V. Nguyen, 51, pleaded guilty to one count of conspiracy to collect extensions of credit by extortionate means and one count of operating an illegal gambling business. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 11, 2019.
From April to August 2017, Nguyen conspired to collect an extension of credit from a victim. Nguyen also engaged in an illegal gambling business from September 2016 through August 2017. According to court proceedings, Nguyen was a bookmaker and conspired to collect a large gambling debt from a bettor. In an intercepted telephone call, Nguyen told a conspirator to “go ahead and be firm, be firm with him. That will make him afraid and try hard to take care of it. That’s all.”
As part of the same investigation, in August 2017, Vinh Quang Huynh, Quang PT Le, and Kim Nguyen, all of Dorchester, were charged with kidnapping, conspiracy to collect extension of credit by extortionate means, and operating an illegal gambling business. In May 2018, Le was sentenced to six years in prison, three years of supervised release and ordered to pay restitution in the amount of $6,300. In March 2019, Kim Nguyen was sentenced to one year and one day in prison, two years of supervised release, and ordered to pay restitution in the amount of $6,300. In December 2017, Huynh pleaded guilty and is awaiting sentencing. In addition, as part of the same case, Ban “Bo” Tran pleaded guilty to misprision of a felony and was sentenced in February 2019 to eight months in prison, one year of supervised release and ordered to pay a fine of $5,000.
The charge of conspiracy to collect extensions of credit by extortionate means provides for a sentence of no greater than 20 years in prison, three years of supervised release and fine of $250,000. The charge of operating an illegal gambling business provides for a sentence of no greater than 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; 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; Boston Police Commissioner William Gross; and Quincy Police Chief Paul Keenan made the announcement today. The Internal Revenue Service’s Criminal Investigation in Boston and the Massachusetts Department of Correction assisted with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
MS-13 Member Sentenced for Unlawful Possession of a FirearmRead the Press Release
BOSTON – An MS-13 member was sentenced yesterday for being an illegal alien in possession of a firearm and ammunition.
Nery Rodriguez Diaz, 19, a Salvadoran national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 14 months in prison and three years of supervised release. Diaz will also be subject to deportation proceedings upon completion of his sentence.
On May 22, 2018, Diaz and another MS-13 member, Elmer Alfaro Hercules, were arrested in possession of loaded firearms in Bremen Street Park in East Boston, a location where numerous MS-13 gang members have been observed and where gang-on-gang violence frequently occurs.
The investigation revealed that Diaz and Hercules each separately and unlawfully entered the United States in 2014 as unaccompanied minors. Both Diaz and Hercules were charged federally for being aliens in possession of a firearm and ammunition.
Hercules previously pleaded guilty and was sentenced to 13 months in prison and three years of supervised release. Hercules will also be subject to deportation proceedings after the completion of his sentence.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Suffolk County District Attorney Rachel Rollins; Boston Police Commission William Gross; and Chelsea Police Chief Brian Kyes made the announcement today.
Dominican National Pleads Guilty to Social Security FraudRead the Press Release
BOSTON – A Dominican national residing in Dorchester pleaded guilty yesterday in federal court in Boston to Social Security fraud.
Saddan Bautista Diaz, 28, pleaded guilty to one count of false representation of a Social Security number. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Sept. 4, 2019. Bautista Diaz was arrested and charged in a July 2018 federal law enforcement sweep of 25 individuals accused of document and benefit fraud.
On June 27, 2014, Bautista Diaz, a citizen of the Dominican Republic, applied for a Massachusetts Identification Card using the name and Social Security number of a Puerto Rican citizen. He presented a Puerto Rican birth certificate and a Social Security card in the other person’s name to the Massachusetts Registry of Motor Vehicles as proof of his identity. Based on the application and supporting identity documents, Bautista Diaz was issued an identification card in the name of the Puerto Rican citizen.
The charge of false representation of a Social Security number provides for a sentence of no greater than 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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Chelsea Gang Member Pleads Guilty to Drug TraffickingRead the Press Release
BOSTON – A Chelsea man pleaded guilty today in federal court in Boston to possession of cocaine base with intent to distribute.
Adres Perez, 26, pleaded guilty to possession of cocaine base with intent to distribute and is scheduled to be sentenced on Sept. 10, 2019 before U.S. District Court Judge Richard G. Stearns. In December 2017, Perez was indicted along with Cesar Alicea, who was charged with being a felon in possession of a firearm. The charging documents allege that both men were members of the East Side Money Gang.
On Oct. 31, 2017, police in Revere observed what they believed was a drug deal happening from a car. The officers stopped the car, which was driven by Perez – with Alicea in the passenger seat –removed Perez from the car, and pat-frisked him. At the same time, Alicea ran from the car and threw an item, which was recovered and determined to be a .25 caliber Raven Arms pistol. Police later recovered crack cocaine from the car and heroin on Perez.
Alicea previously pleaded guilty and was sentenced in January 2019 to 48 months in prison.
The charge of possession with intent to distribute provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Revere Police Chief James Guido; and Chelsea Police Chief Brian Kyes made the announcement today. Assistant U.S. Attorneys Timothy E. Moran and Michael Crowley of Lelling’s Organized Crime and Gang Unit are prosecuting the case.
Chelsea Gang Leader Sentenced to over 15 Years in PrisonRead the Press Release
BOSTON – A leader of the East Side Money Gang (ESMG) was sentenced yesterday in federal court in Boston on racketeering, drug trafficking and firearms trafficking charges.
Angel “Stackz” Mejia Zelaya, 24, of Chelsea, was sentenced yesterday by U.S. District Court Judge Richard G. Stearns to 188 months in prison and five years of supervised release. In January 2019, Mejia pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, commonly known as RICO, one count of conspiracy to distribute cocaine and cocaine base, and one count of engaging in the business of dealing in firearms without a license.
Mejia was a leader in the ESMG, a violent, Chelsea-based street gang, which was responsible for various violent crimes, including multiple shootings, and drug distribution in Chelsea and surrounding communities. Mejia, as well as other members and associates of the gang, were also actively involved in illegally selling firearms, including handguns and shotguns, in and around Chelsea.
Mejia participated in multiple, gang-related shootings. On July 5, 2015, Mejia was involved in a shooting targeting a rival gang member on a public street in Chelsea, which did not result in the rival gang member being injured. On March 29, 2016, Mejia and his lieutenant, Josue “Superbad” Rodriguez, agreed to provide a .22 caliber revolver to a third ESMG member, Brandon “Big Baby” Baez, so that Baez could “spank” with it – meaning that he could use it against rivals of ESMG. On April 3, 2016, in Revere, Baez used the revolver to attempt to murder two men believed to be members/associates of a rival gang as they sat in a vehicle. Both men were wounded, but not killed. Baez called Mejia immediately after the shooting to inform Mejia that Baez had just shot two men. Mejia further admitted to supplying other ESMG gang members with firearms, including a juvenile who then accidently shot another person.
While Mejia was the leader of the ESMG, the gang dealt substantial quantities of drugs, including cocaine and cocaine base (crack), in Chelsea and surrounding communities. Mejia was responsible for the distribution of at least a kilogram of cocaine base. Mejia and his gang subordinates stored drugs at and distributed drugs from a residence on Tudor Street in Chelsea and another residence in the Chelsea area. The gang kept handguns at both locations to protect their drug operations, as well as for other gang activities.
The prosecution of Mejia arose out of an investigation of various street gangs, including the 18th Street Gang, ESMG and the Boylston Street Gang, which 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; Peter C. Fitzhugh, 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 today. 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.
Two Men Indicted for Firearms OffensesRead the Press Release
BOSTON – A Boston man and a Randolph man were indicted today in federal court in Boston with conspiring to deal firearms illegally.
Charles A. Slayden, Jr., 25, of Boston, was charged with conspiracy to deal in firearms without a license. Levenson Merilus, 28, of Randolph, was charged with one count of conspiracy to deal in firearms without a license and one count of making false statements to acquire firearms from a licensed dealer.
According to court documents, Slayden and Merilus conspired to purchase firearms from a licensed dealer and re-sell them for profit to individuals in Boston. In furtherance of this conspiracy, Merilus purchased at least seven guns from a licensed dealer, falsely claiming to be purchasing them for himself.
The charge of conspiring to deal in firearms without a license provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of making false statements to acquire firearms from a licensed dealer provides for a sentence of no greater than ten years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.