District of Massachusetts
Press releases recorded for this federal judicial district.
Six Individuals with Ties to National Gang Charged with Hobbs Act Conspiracy, Narcotics and Firearms OffensesRead the Press Release
BOSTON – Six men were charged in federal court in Worcester today with various narcotics, firearms and conspiracy offenses.
According to the charging documents, Junior Melendez, Shaun Walker, and Keith Johnson, all of Worcester, conspired to rob a high end glass pipe dealer in Rockland in March 2019. That attempt was thwarted by law enforcement, who arrested Johnson and Walker for possession of a firearm. Melendez was also charged for conspiring with Angel Cordova, Juan Rodriguez, and Antoine Mack to possess with intent to distribute, and to distribute, cocaine and crack cocaine. Mack was also charged as a felon in possession of a firearm after he was arrested in Worcester on May 24, 2019, in possession of a loaded .380 caliber handgun.
As alleged in court documents, Melendez is a convicted felon, and has previously served 109 months in federal prison for drug and firearms violations. Melendez is the alleged leader of the Massachusetts chapter of the Almighty Vice Lords street gang. Several of the men arrested also allegedly have ties to the gang.
The defendants are charged by criminal complaint are:
- Junior Melendez, 39, of Worcester, arrested and charged with Hobbs Act conspiracy to interfere with commerce by robbery; conspiracy to use or carry a firearm during and in relation to a crime of violence; and conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base;
- Keith Johnson, 38, of Worcester, presently in state custody and charged federally with Hobbs Act conspiracy to interfere with commerce by robbery; conspiracy to use or carry a firearm during and in relation to a crime of violence; and felon in possession of a firearm;
- Shaun Walker, 42, of Worcester, arrested and charged with Hobbs Act conspiracy to interfere with commerce by robbery;
- Antoine Mack, 37, of Pawtucket, R.I., presently in state custody and charged federally with conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base and felon in possession of a firearm;
- Juan Rodriguez, 28, of Worcester, arrested and charged with conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base;
- Angel Cordova, 35, of Worcester, arrested and charged with conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base.
This morning, agents executed numerous search warrants, which resulted in the seizure of five firearms, 600 rounds of ammunition, approximately $10,000 cash, as well as various amounts of cocaine and crack cocaine.
The charge of Hobbs Act conspiracy to interfere with commerce by robbery provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of up to $1 million. The charge of conspiracy to use or carry a firearm during and in relation to a crime of violence provides for a sentence of no greater than ten years in prison, three years of supervised release and a fine of up to $250,000. The crime of being in felon in possession of a firearm 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; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Worcester Police Chief Steven M. Sargent; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Colonel Christopher Wagner, Superintendent of the New Hampshire State Police; Worcester Sheriff Lewis G. Evangelidis; Shrewsbury Police Chief James Hester, Jr.; and Pawtucket Police Chief Tina Goncalves, made the announcement today. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Norwood Woman Charged with Distributing Synthetic Marijuana into State Correctional FacilitiesRead the Press Release
BOSTON – A Norwood woman was arrested this morning and charged in federal court in Worcester with distributing synthetic marijuana into state correctional facilities.
Caitlin Marcey, 27, was charged by criminal complaint with distribution of a controlled substance. Marcey was released on conditions following an initial appearance.
According to charging documents, on two separate occasions, Marcey mailed papers soaked in synthetic marijuana, or “K2,” to Massachusetts correctional facilities. Massachusetts jails combat the illegal introduction of synthetic marijuana –often referred to as “K2” – into the facilities. The most common means of doing so is by soaking or spraying synthetic marijuana onto documents and then transporting those documents, either in person or by mail, into the jail, where they can be smoked. It is common to attempt to include documents soaked in synthetic marijuana in mailings disguised as legal mail, as this mail is generally not subjected to rigorous screening due to attorney-client privilege.
In November 2018, investigators at the Souza Baranowksi Correctional Center (SBCC) in Lancaster, Mass., monitored recorded jail calls during which Marcey allegedly arranged for the delivery of synthetic marijuana. Investigators subsequently intercepted mail sent by Marcey that purport to be an attorney mailing to an SBCC inmate. The records inside the mailing tested positive for synthetic marijuana.
Similarly, in December 2018, Marcey was allegedly caught on U.S. Post Office security video mailing a package disguised as being sent by an attorney to an inmate at the Worcester County House of Corrections. The contents of that mailing also tested positive for the presence of synthetic marijuana.
The charge of distribution of a controlled substance provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; Worcester County Sheriff Lew Evangelidis; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Insys Therapeutics Agrees to Enter into $225 Million Global Resolution of Criminal and Civil InvestigationsRead the Press Release
BOSTON – Opioid manufacturer Insys Therapeutics agreed to a global resolution to settle the government’s separate criminal and civil investigations, the Department of Justice announced today. As part of the criminal resolution, Insys will enter into a deferred prosecution agreement with the government, Insys’s operating subsidiary will plead guilty to five counts of mail fraud, and the company will pay a $2 million fine and $28 million in forfeiture. As part of the civil resolution, Insys agreed to pay $195 million to settle allegations that it violated the False Claims Act.
Both the criminal and civil investigations stemmed from Insys’s payment of kickbacks and other unlawful marketing practices in connection with the marketing of Subsys. Insys’s drug Subsys is a sublingual fentanyl spray, a powerful, but highly addictive, opioid painkiller. In 2012, Subsys was approved by the Food and Drug Administration for the treatment of persistent breakthrough pain in adult cancer patients who are already receiving, and tolerant to, around-the-clock opioid therapy.
Today, the U.S. Attorney’s Office for the District of Massachusetts filed an Information charging Insys and its operating subsidiary with five counts of mail fraud. According to the charging document, from August 2012 to June 2015, Insys began using “speaker programs” purportedly to increase brand awareness of Subsys through peer-to-peer educational lunches and dinners. However, the programs were actually used as a vehicle to pay bribes and kickbacks to targeted practitioners in exchange for increased Subsys prescriptions to patients and for increased dosage of those prescriptions. One practitioner targeted by Insys was a physician’s assistant who practiced with a pain clinic in Somersworth, N.H. During the first year that Subsys was on the market, the physician’s assistant did not write any Subsys prescriptions for his patients. In May 2013, the physician’s assistant joined Insys’s sham speaker program knowing that it was a way to receive kickbacks for writing Subsys prescriptions. After joining the sham speaker program, the physician’s assistant wrote approximately 672 Subsys prescriptions for his patients – many of which were medically unnecessary – and in turn, received $44,000 in kickbacks from Insys.
As part of the criminal resolution, Insys agreed to a detailed statement of facts outlining its criminal conduct with respect to the illegal marketing of Subsys. Insys will enter into a five-year deferred prosecution agreement, while Insys’s operating subsidiary will plead guilty to five counts of mail fraud pursuant to the plea agreement that will be filed in the District of Massachusetts. According to the terms of the criminal resolution, Insys will pay a criminal fine of $2 million and forfeiture of $28 million. The Court has not yet scheduled the plea hearing. Last month, five former Insys executives were convicted after trial of racketeering conspiracy in connection with the marketing of Subsys. In total, eight company executives have now been convicted by the U.S. Attorney’s Office in Massachusetts for crimes relating to the illegal marketing of Subsys.
In April 2018, the United States intervened in five qui tam lawsuits accusing Insys of violating the False Claims Act. In its civil complaint, the United States alleged that Insys, headquartered in Arizona, paid kickbacks to induce physicians and nurse practitioners to prescribe Subsys for their patients. Many of these kickbacks took the form of speaker program payments for speeches to physicians that were, in fact, shams; jobs for the prescribers’ relatives and friends; and lavish meals and entertainment. The United States also alleged that Insys improperly encouraged physicians to prescribe Subsys for patients who did not have cancer, and lied to insurers about patients’ diagnoses in order to obtain reimbursement for Subsys prescriptions that had been written for Medicare and TRICARE beneficiaries.
Insys also entered into a 5-year Corporate Integrity Agreement (CIA) and Conditional Exclusion Release with the U.S. Department of Health and Human Services, Office of Inspector General. Because of the extensive cooperation provided by Insys in the prosecution of culpable individuals and its agreement to enhanced CIA requirements, OIG elected not to pursue exclusion of Insys at this time. The CIA includes several novel provisions, including enhanced material breach provisions, designed to protect federal health care programs and beneficiaries. In addition, Insys admitted to a Statement of Facts and acknowledged that the facts provide a basis for permissive exclusion. OIG did not release its permissive exclusion authority, as it generally does for CIA parties in False Claims Act settlements. Instead, OIG will provide such a release only after Insys satisfies its obligations under the CIA.
“This criminal resolution today with Insys, coupled with the convictions of the 8 executives, shows this Office’s resolve to hold both corporations and individuals accountable for their crimes,” said United States Attorney for the District of Massachusetts Andrew E. Lelling. “For years, Insys engaged in prolonged, illegal conduct that prioritized its profits over the health of the thousands of patients who relied on it. Today, the company is being held responsible for that and for its role in fueling the opioid epidemic. This global resolution is the culmination of years of work by prosecutors and agents, and these successful prosecutions and civil enforcement efforts should be a model for confronting corporate criminal activity.”
“The opioid epidemic is a plague that has devastated communities and ravaged families across this country,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice is committed to using the legal tools at our disposal to combat the illegal marketing and distribution of opioids, including fentanyl. Today’s settlement sends a strong message to pharmaceutical manufacturers that the kinds of illegal conduct that we have alleged in this case will not be tolerated. I want to assure the families and communities ravaged by this epidemic that the Department of Justice will continue to act forcefully to hold opioid manufacturers accountable for their actions.”
“Today’s settlement underscores our determination to hold opioid manufacturers accountable for pushing these highly addictive narcotics on the public via kickbacks to doctors and nurses, and other illegal means,” said United States Attorney for the Central District of California Nick Hanna. “Our goal is to bring about an end to the tragic epidemic of opioid addiction and to go after those who profit from that epidemic.”
“Paying bribes and providing other incentives to prescribe opioids with little regard to patient welfare surely signals a company is more concerned with profits than patients,” said Christian J. Schrank, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Today’s settlement reaffirms our commitment to ensuring that companies pay a very heavy price for attacking vital government health programs.”
“The announced settlement is a vivid example of the Department of Defense's dogged efforts to protect the integrity of the U.S. military’s health care system and its beneficiaries,” said Bryan D. Denny, Special Agent in Charge of the Defense Criminal Investigative Service, Western Field Office. “DCIS remains committed to working with its law enforcement partners and the U.S. Attorney’s Office to combat health care fraud, especially when pharmaceutical companies use taxpayers’ dollars to induce physicians with bribes and kickbacks to prescribe their drugs for unauthorized off-label usage that may very well endanger the recipient's health and safety.”
“I applaud the Department of Justice and the U.S. Attorney for their continued efforts to hold pharmaceutical companies accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
The allegations resolved by the civil settlement stem from five lawsuits that were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to bring suit on behalf of the United States for false claims and share in any recovery. The lawsuits are: United States, et al., ex rel. Guzman v. Insys Therapeutics, Inc., et al., 13-cv-5861; United States ex rel. Andersson v. Insys Therapeutics, Inc., 14-cv-9179; United States ex rel. John Doe and ABC, LLC v. Insys Therapeutics, Inc., et al., 14-cv-3488; United States ex rel. Erickson and Lueken v. Insys Therapeutics, Inc., 16-cv-2956; and United States ex rel. Jane Doe, et al. v. Insys Therapeutics, et al., 16-cv-7937. The whistleblowers’ share of the settlement announced today has not yet been determined.
These matters were handled by the United States Attorney’s Office for the District of Massachusetts; the Justice Department’s Civil Division; the United States Attorney’s Office for the Central District of California; and the Department of Health and Human Services, Office of Inspector General. Investigations were conducted by the Federal Bureau of Investigation, Boston Field Division; the Food and Drug Administration, Office of Regulatory Affairs; the Drug Enforcement Administration, New England Field Division; Department of Defense, Defense Criminal Investigative Service; U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; U.S. Postal Inspection Service’s Boston Division; United States Postal Service, Office of Inspector General, Northeast Area Field Office; Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division; Office of Personnel Management, Office of Inspector General; and the Defense Health Agency.
Former CFO of Manufacturing Company Sentenced for Mail Fraud and Tax ChargesRead the Press Release
BOSTON – A Hull man was sentenced today in federal court in Boston in connection with a long-running scheme to defraud the company for which he served as the Chief Financial Officer (CFO).
Robert A. Saltzberg, 69, was sentenced by U.S. District Court Judge Allison D. Burroughs to 24 months in prison, three years of supervised release, and ordered to pay restitution of $1,360,000 to the victim and $342,000 to the IRS. In February 2019, Saltzberg pleaded guilty to one count of mail fraud and five counts of filing false tax returns.
From 1998 through 2014, Saltzberg was the CFO of a precision metal fabrication company in Franklin, of which he was a 50% co-owner. As CFO, Saltzberg was responsible for day-to-day accounting and finance operations. He also maintained complete control over the company’s financial activities, including preparing and maintaining the company books, records, and financial statements.
From 2005 to 2015, Saltzberg used his position as CFO to embezzle more than $1 million from the company by writing company checks to himself and to creditors to pay personal expenses, and then fraudulently recording the expenditures as business expenses on the company’s books.
In addition, the company’s tax preparer unknowingly relied upon the false bookkeeping information from Saltzberg to prepare the corporate tax returns. From 2005 through 2014, Saltzberg caused false expenses to be reported on the corporate returns, resulting in a lower reported company net income. Furthermore, because the company is an S-Corporation, and its net income passes through to its shareholders, the understated net income subsequently understated Saltzberg’s personal income as reported on his tax returns in those years. As a result, Saltzberg evaded paying more than $300,000 in federal taxes.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Victor A. Wild of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Dracut Contractor Pleads Guilty to Bribing Naval Contracting Official in SingaporeRead the Press Release
BOSTON – A Dracut man pleaded guilty today to bribing a United States Navy contracting officer on two occasions in connection with federal construction projects worth approximately $1 million in Singapore.
Hector Sanchez, 53, pleaded guilty to two counts of bribery of a public official. U.S. District Court Senior Judge George A. O’Toole, Jr. scheduled sentencing for Sept. 19, 2019.
Sanchez was the President and co-owner of P&S Construction Inc. (P&S), a general contracting corporation headquartered in Chelmsford. In 2016, Sanchez paid a total of $15,000 to a contracting officer of the Naval Facilities Engineering Command Far East in Singapore (NAVFAC Far East) in exchange for the contracting official’s assistance in circumventing the assessment of liquidated damage of more than $69,000 against P&S. In recorded conversations between Sanchez and the Naval contracting officer, Sanchez stated that the liquidated damage assessments would negatively impact P&S’ ability to obtain government contracting work in the future. Subsequently, Sanchez delivered $10,000 in June 2016 and $5,000 in December 2016 to the Naval contracting officer in Singapore while federal agents conducted covert surveillance. During recorded conversations, Sanchez told the contracting official that P&S was “looking for the LDs [liquidated damages] to go away.” Sanchez also stated, “This is the first time we’re doing something, okay? Let’s keep it up … This is not a onetime deal … This is business.”
The charge of bribery of a federal public official provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000, or three times the monetary equivalent of the bribe, whichever is greater. 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 Leo S. Lamont, Special Agent in Charge, Naval Criminal Investigative Service, Northeast Field Office, made the announcement today. Assistant U.S. Attorney William F. Bloomer of Lelling’s Criminal Division is prosecuting the case.
Dominican National Pleads Guilty to Identity TheftRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence pleaded guilty today in federal court in Boston to Social Security fraud and aggravated identity theft.
Yonelin Manuel Baez Soto, 24, pleaded guilty to three counts of false representation of Social Security numbers and three counts of aggravated identity theft. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for Sept. 19, 2019. Baez Soto will be subject to deportation proceedings upon completion of any sentence imposed.
On Oct. 15, 2014, Oct. 17, 2014, and Aug. 4, 2015, Baez Soto applied for a Massachusetts learner’s permit and/or a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican born United States Citizen. In September 2018, law enforcement agents encountered Baez Soto when he was serving a sentence at Essex County Correctional Facility for possession with intent to distribute fentanyl in the Puerto Rican man’s identity. Baez Soto was identified from, among other things, a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo.
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 run consecutive to any other term imposed, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican Nation Indicted on Drug and Illegal Reentry ChargesRead the Press Release
BOSTON – A Dominican national was indicted today in federal court in Boston on charges of fentanyl distribution and illegally reentering the United States.
Francisco Alberto Martinez, 49, a Dominican national residing in Peabody, was indicted on distribution of 40 grams or more of fentanyl and unlawful reentry of a deported alien. Martinez was previously charged by criminal complaint and was detained following an initial appearance in federal court on May 14, 2019.
According to court documents, Martinez first unlawfully entered the United States on an unknown date. In December 1996, he became a legal permanent resident (LPR), but in 2011, he was convicted in federal court in Boston of cocaine conspiracy and sentenced to 66 months in prison. Upon completion of his sentence in 2014, Martinez lost his LPR status and was deported to the Dominican Republic. On May 1, 2019, Martinez sold fentanyl in Peabody. On May 14, 2019, law enforcement officers arrested Martinez in Peabody and determined that he was illegally present in the United States.
The charge of distribution of fentanyl provides for a minimum sentence of five years and no greater than 40 years in prison, four years of supervised release, and a fine of up to $5 million. The charge of illegal reentry provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. Martinez 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Peabody Police Chief Thomas M. Griffin made the announcement. The Boston Organized Crimes Drug Enforcement Task Force (OCDETF); Massachusetts Department of Correction; Norfolk Sheriff’s Office; the Peabody, Concord, Reading, Watertown, Braintree, Waltham, Woburn, Salem, Revere, and Beverly Police Departments; and the Suburban Middlesex County Drug Task Force assisted with the investigation. Assistant U.S. Attorney Craig Estes 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.
Two Massachusetts State Troopers Sentenced in Overtime Abuse InvestigationRead the Press Release
BOSTON – A retired Massachusetts State Police (MSP) Lieutenant and a suspended MSP Trooper were sentenced today in connection with the ongoing investigation of overtime abuse at the state agency.
Retired MSP Lieutenant David Wilson, 58, of Charlton, was sentenced by U.S. District Court Judge Richard G. Stearns 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 MSP Trooper Heath McAuliffe, 41, of Hopkinton, was sentenced by U.S. District Court Judge Denise Casper 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. Wilson and McAuliffe previously pleaded guilty to one count of embezzlement from an agency receiving federal funds. The government recommended six months incarceration for both Wilson and McAuliffe.
Wilson, who served as the Officer-in-Charge of several overtime shifts, received overtime pay for shifts from which he left early or did not work at all. Specifically, in 2016, Wilson earned approximately $259,475, which included approximately $102,062 in overtime pay. During that year, the investigation revealed that Wilson earned approximately $12,450 in overtime pay for 124.5 AIRE overtime hours that he did not work.
In 2016, McAuliffe, who was assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90, earned approximately $164,680, which included approximately $60,908 in overtime pay. In 2015, McAuliffe earned approximately $180,215, which included approximately $83,496 in overtime pay.
The conduct involves overtime pay for selective enforcement initiatives, specifically the Accident and Injury Reduction Effort program (AIRE), which is intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers and targeting vehicles traveling at excessive speeds.
Wilson and McAuliffe were required to work the entire duration of the four hour shift and truthfully report the date, time and sector of deployment on the citations issued during the shift. However, Wilson and McAuliffe admitted that they had been paid for hours they did not work, and for overtime shifts from which they left early. Wilson and McAuliffe concealed the fraud by submitting false paperwork and citations that were issued outside of the overtime shifts and that had been altered to create the appearance that they were issued during overtime shifts.
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.
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 are prosecuting the case.
Mexican National Sentenced for Passport FraudRead the Press Release
BOSTON – A Mexican national was sentenced yesterday in federal court in Boston for passport fraud.
Patricia Cedeno-Larios, 52, a Mexican national residing in Haverhill, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to time served and was immediately taken into administrative custody by Homeland Security Investigation agents pending deportation. In December 2018, Cedeno Larios pleaded guilty to making false statements in a passport application.
In March 2008, Cedeno Larios entered a Boston post office and used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a United States passport.
United States Attorney Andrew E. Lelling; William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration Office of Inspector General made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Criminal Division prosecuted the case.
Worcester Man Pleads Guilty to Fentanyl and Heroin ChargesRead the Press Release
BOSTON – A Worcester man pleaded guilty today in connection with drug trafficking charges.
Freiber Betancourth, 30, pleaded guilty to one count of conspiring to distribute fentanyl and heroin and one count of distributing fentanyl and heroin. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 29, 2019.
Betancourth worked for a Massachusetts Department of Transportation / EZ Pass contractor in Auburn, Mass. Between June and September 2018, Betancourth distributed heroin and fentanyl on multiple occasions, including in the parking lot outside of his workplace. In addition, he stored drugs in his office. Betancourth obtained these drugs from Albeiro Gomez, sold the drugs to a particular customer, and then provided most of the cash proceeds to Gomez.
Gomez, 48, of Worcester, was indicted on May 16, 2019, on charges of distribution of heroin and fentanyl.
Betancourth faces a minimum sentence of five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Massachusetts Attorney General’s Office and the Massachusetts State Police provided assistance with the investigation. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division 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.
Romanian National Sentenced to 65 Months in Federal Prison for Multi-State ATM Card Skimming SchemeRead the Press Release
BOSTON - A Romanian national was sentenced today in federal court in Springfield in connection with a multi-state ATM card skimming scheme.
Bogdan Viorel Rusu, 38, a Romanian national formerly residing in Queens, N.Y., was sentenced by U.S. District Court Judge Mark G. Mastroianni to 65 months in federal prison, five years of supervised release, and ordered to pay restitution and forfeiture of $440,130. In September 2018, Rusu pleaded guilty to an Information that charged him with one count each of conspiracy to commit bank fraud, bank fraud, and aggravated identity theft. Rusu was arrested on Nov. 14, 2016, and initially charged by complaint in the District of New Jersey and has been in custody since.
From approximately Aug. 3, 2014, until his arrest on Nov. 14, 2016, Rusu engaged in a widespread bank fraud conspiracy that targeted various banks in Massachusetts, New York, and New Jersey. Rusu and his co-conspirators captured payment card account information from customers as they accessed their accounts through ATMs and then used that information to steal money from the customers’ bank accounts.
To capture the account information, Rusu and/or his co-conspirators installed electronic devices, i.e., skimming devices, which surreptitiously recorded customers’ bank account information on the banks’ card-readers at the vestibule door, the ATM machine, or both. In addition, Rusu and/or his co-conspirators installed other devices (generally either pinhole cameras or keypad overlays) in order to record the keystrokes of bank customers as they entered their personal identification numbers to access their bank accounts. After enough customers accessed the ATM machine, Rusu and/or his co-conspirators removed the skimming devices. They then transferred the illegally obtained information from the skimming devices and pinhole cameras to counterfeit payment cards. Finally, they visited other ATM machines with the counterfeit cards to obtain cash from the skimmed bank accounts before the bank or the customers became aware of their illicit conduct.
As a result of the scheme, $364,419 was lost in Massachusetts and $75,715 in New York (totaling $440,134 from 531 individual accounts), and another $428,581 was stolen in New Jersey.
United States Attorney Andrew E. Lelling; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Stephen Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; East Longmeadow Police Chief Jeffrey Dalessio; and Medford Police Chief Jack Buckley made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office and Trial Attorney Marianne Shelvey of the Justice Department’s Organized Crime and Gang Section prosecuted the case.
Romanian National Sentenced for Multi-State ATM Card Skimming SchemeRead the Press Release
A Romanian national was sentenced today in federal court in Springfield, Massachusetts, in connection with a multi-state ATM card skimming scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling for the District of Massachusetts, Special Agent in Charge Stephen Marks of the U.S. Secret Service’s Boston Field Division, Special Agent in Charge Peter C. Fitzhugh of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Boston, East Longmeadow Police Chief Jeffrey Dalessio and Medford Police Chief Jack Buckley made the announcement.
Bogdan Viorel Rusu, 38, a Romanian national formerly residing in Queens, New York, was sentenced by U.S. District Court Judge Mark G. Mastroianni for the District of Massachusetts to 65 months in prison followed by 60 months of supervised release. Judge Mastroianni also ordered Rusu to pay restitution in the amount of $440,130 and forfeit the same amount. In September 2018, Rusu pleaded guilty to an Information that charged him with one count each of conspiracy to commit bank fraud, bank fraud and aggravated identity theft. Rusu was arrested on Nov. 14, 2016, and initially charged by complaint in the District of New Jersey and has been in custody since.
According to Rusu’s plea agreement, from approximately Aug. 3, 2014, until his arrest on Nov. 14, 2016, Rusu engaged in a widespread bank fraud conspiracy that targeted various banks in Massachusetts, New York and New Jersey. Rusu and his co-conspirators captured payment card account information from customers as they accessed their accounts through ATMs and then used that information to steal money from the customers’ bank accounts.
To capture the account information, Rusu and/or his co-conspirators installed electronic devices, i.e., skimming devices, which surreptitiously recorded customers’ bank account information on the banks’ card-readers at the vestibule door, the ATM machine, or both. In addition, Rusu and/or his co-conspirators installed other devices (generally either pinhole cameras or keypad overlays) in order to record the keystrokes of bank customers as they entered their personal identification numbers to access their bank accounts. After enough customers accessed the ATM machine, Rusu and/or his co-conspirators removed the skimming devices. They then transferred the illegally obtained information from the skimming devices and pinhole cameras to counterfeit payment cards. Finally, they visited other ATM machines with the counterfeit cards to obtain cash from the skimmed bank accounts before the bank or the customers became aware of their illicit conduct.
As a result of the scheme, $364,419 was lost in Massachusetts and $75,715 in New York (totaling $440,134 from 531 individual accounts), and another $428,581 was stolen in New Jersey.
The U.S. Secret Service’s Boston Field Division and HSI Boston investigated this case with assistance from East Longmeadow Police Department and Medford Police Department. This investigation started as a result of analysis provided by TD Bank Global Investigations Springfield, Massachusetts. Assistant U.S. Attorney Steven H. Breslow for the District of Massachusetts and Trial Attorney Marianne Shelvey of the Justice Department’s Organized Crime and Gang Section prosecuted the case.
Randolph Man Pleads Guilty to Child Exploitation ChargesRead the Press Release
BOSTON – A Randolph man pleaded guilty today in federal court in Boston to child exploitation charges.
Michael Lee, 52, pleaded guilty to one count of sexual exploitation of children and one count each of distribution, receipt, and possession of child pornography. U.S. District Court Judge Indira Talwani scheduled sentencing for Aug. 28, 2019. In December 2017, Lee was arrested and charged in a criminal complaint and has been in federal custody since. He was indicted in April 2018.
A search warrant at Lee’s Randolph home was conducted as part of an investigation into the online trade of child pornography through the use of Kik, an instant messaging app. During an interview with federal agents, Lee admitted to trading images and videos of child pornography with other Kik users, including a New Hampshire man who provided Lee with images and videos documenting the sexual abuse of the man’s eight-year-old daughter at Lee’s direction. Forensic analysis of Lee’s cell phone and Kik account corroborated his admissions and showed that he had created videos of himself in which he directed the child’s father how to sexually abuse her, and had received videos in return that showed the man abusing her. Forensic review of the evidence also showed that Lee had been trading child pornography with other Kik users.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison. The charges of distribution and receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. All four charges provide for a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe 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/.
Defendant in College Admissions Case to Plead GuiltyRead the Press Release
BOSTON – A former head coach of women’s soccer at the University of Southern California will plead guilty in connection with the college admissions case.
Ali Khosroshahin, 49, of Fountain Valley, Calif., will plead guilty to conspiracy to commit racketeering. Khosroshahin is cooperating with the government’s investigation. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines, one year of supervised release, a fine, restitution and forfeiture.
A plea hearing has not yet been scheduled by the Court.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of racketeering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
U.S. Citizen Extradited from Brazil to Face Wire Fraud ChargesRead the Press Release
BOSTON – A U.S. citizen appeared today in federal court in Boston after being extradited from Brazil in connection with a $2 million wire fraud scheme.
Christopher Morris, 48, formerly of Lowell and Chelsea, was extradited from Brazil and arrived in Boston yesterday. Morris was detained following an initial appearance today before U.S. Magistrate Judge M. Page Kelley. In November 2014, Morris was indicted on four counts of wire fraud and 12 counts of unlawful monetary transactions. Since 2013, Morris had been living in Uruguay and Brazil.
The indictment alleges that Morris, an accounting professional, participated in a wire fraud scheme targeting his employer, PBS Distribution (PBSd), a media distribution business with operations in Allston and elsewhere. Morris’ position gave him access to U.S. mail addressed to PBSd’s accounting department, including checks payable to PBSd. According to the indictment, beginning as early as January 2008 and continuing through September 2012, Morris took more than $2 million in checks under the guise of depositing them into PBSd’s bank accounts, but he instead endorsed them to himself and deposited them into a personal bank account. Morris allegedly used his access to PBSd’s accounting system to conceal the theft by, among other steps, fraudulently causing credits to be issued to the accounts of customers whose checks he stole, and by causing PBSd’s general ledger to be altered to show that the same customers had made payments. It is further alleged that Morris spent the proceeds of the scheme on a lavish lifestyle that included year-long apartment rentals in New York City’s Greenwich Village and Tribeca neighborhoods; the down payment, purchase and upkeep of a waterfront condominium in Chelsea; and luxury clothing, dining and travel, including a $16,000 two-week South American cruise.
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 on each count. The government expects to move to dismiss the charges of unlawful monetary transactions under the Rule of Specialty, a doctrine of international law that permits prosecution upon extradition only as to charges authorized by the extraditing nation. 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; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; U.S. Marshal John Gibbons for the District of Massachusetts; and Boston Police Commissioner William Gross made the announcement today. The U.S. Department of Justice’s Office of International Affairs provided assistance in securing Morris’ extradition to the United States. The U.S. Attorney’s Office acknowledges Brazilian authorities for their cooperation in this matter. Assistant U.S. Attorney Seth B. Kosto, of Lelling’s Cybercrime 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.
More Than 140 Arrested During Five Month OperationRead the Press Release
BOSTON – After a five month operation, dubbed “Operation Triple Beam,” 146 individuals, including dozens of fugitives and 52 alleged gang members, wanted for violent crimes have been arrested in and around the City of Lawrence.
Led by the U.S. Marshals Massachusetts Fugitive Task Force, including the Lawrence Police Department and the Massachusetts State Police, Operation Triple Beam focused on violent offenders and gang members wanted for narcotics trafficking and other violent crimes. Since the Operation began on Jan. 1, 2019, 146 individuals who were wanted for various outstanding criminal offenses, including murder, narcotics trafficking, rape – including rape and sexual assault of children – kidnapping, and armed home invasions, have been arrested.
“Operation Triple Beam is a nationwide initiative in which federal resources are deployed to help state and local law enforcement round up dangerous fugitives living in our most vulnerable communities,” said United States Attorney Andrew E. Lelling. “Removing these fugitives, including alleged rapists, murderers, and drug traffickers, will make Lawrence and neighboring towns safer. Law-abiding residents of Lawrence should be able to live and work without fear. My thanks go to the U.S. Marshals Service, the Lawrence Police Department and the Massachusetts State Police, for executing this highly successful operation. This kind of coordinated enforcement effort not only reduces criminal activity, but is a reminder that increased enforcement is here to stay, at least until drug trafficking and other crime drops significantly in Lawrence and surrounding regions.”
“Operation Triple Beam was a targeted enforcement initiative by the U.S. Marshals Service to address violent crime, including guns, narcotics and gang violence in an effort to address violent crime in and around the City of Lawrence,” said United States Marshal John Gibbons for the District of Massachusetts. “Today’s announcement is the culmination of months of hard work and dedication to root out dangerous violent criminals and fugitives, bringing them to justice. We believe that these arrests will have a positive impact on the local community making the streets safer and improving the quality of life for the residents. We want to thank our partners in the Lawrence Police Department and the Massachusetts State Police for their cooperation and invaluable assistance.”
“Our Violent Fugitive Apprehension Section is an extremely active unit that, on a daily basis, tracks and arrests subjects of criminal warrants — to bring them to justice for their past violent crimes and to get them off Massachusetts streets before they can hurt another victim,” said Massachusetts State Police Colonel Kerry A. Gilpin. “Our unit frequently works with US Marshals and local police in concerted efforts to locate and arrest dangerous criminals, and was happy to do so again as part of the highly successful Operation Triple Beam.”
“I can’t thank the United States Marshals Service and the United States Attorney’s Office enough for their continued commitment here in Lawrence,” said Lawrence Police Chief Roy Vasque. “This latest extremely successful operation is yet another example of our strong partnership and our commitment to working together to make Lawrence safer. Let this be a strong message to all that criminals will not take refuge here.”
The men and women arrested during this operation have been charged in both state and federal courts.
Operation Triple Beam is a national effort led by U.S. Marshals Service Fugitive Task Forces around the country and aims at providing communities with immediate relief from gang-related violence by targeting fugitive gang members and the organizations responsible for committing violent crimes.
The Operation in Lawrence resulted in the seizure of eight pistols; one semi-automatic rifle; one 12-gauge shotgun; and more than two kilos of drugs, including cocaine, crack cocaine, fentanyl, heroin and marijuana.
U.S. Attorney Lelling; U.S. Marshal Gibbons; Colonel Gilpin; Chief Vasque; and Essex District Attorney Jonathan Blodgett made the announcement today.
Defendant in College Admissions Case to Plead GuiltyRead the Press Release
BOSTON – A former accountant and financial officer for the Edge College & Career Network and the Key Worldwide Foundation will plead guilty in connection with the college admissions case.
Steven Masera, 69, of Folsom, Calif., will plead guilty to conspiracy to commit racketeering. Masera is cooperating with the government’s investigation. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines, one year of supervised release, a fine, restitution and forfeiture.
A plea hearing has not yet been scheduled by the Court.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of racketeering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Worcester Man Indicted for Distributing CocaineRead the Press Release
BOSTON – A Worcester man was indicted by a federal grand jury in Worcester today for distributing cocaine.
Julio Rivera, 45, was charged with one count of 500 grams or more of cocaine. According to court documents, on Nov. 1, 2018, Rivera distributed 900 grams of cocaine to another man at a self-storage facility in Worcester.
Rivera faces a sentence of 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. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement 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 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.
Two Former New England Compounding Center Pharmacists SentencedRead the Press Release
BOSTON – Two former clean room pharmacists at New England Compounding Center (NECC) were sentenced this week in federal court in Boston in connection with the 2012 nationwide fungal meningitis outbreak.
Gene Svirskiy, 38, of Ashland, Mass., was sentenced yesterday by U.S. District Court Judge Richard G. Stearns to 30 months in prison and one year of supervised release. Christopher Leary, 34, of Shrewsbury, Mass., was sentenced today by Judge Stearns to two years of probation, of which the first eight months will be in home confinement with electronic monitoring, and 100 hours of community service.
In December 2018, Svirskiy and Leary were convicted with three other NECC co-defendants following an 8-week trial. Svirskiy, a supervising pharmacist at NECC, was convicted of racketeering, racketeering conspiracy, 10 counts of mail fraud, and two counts of introduction of adulterated drugs into interstate commerce with intent to defraud or mislead. Leary was convicted of three counts of mail fraud, one count of introduction of adulterated drugs into interstate commerce with intent to defraud or mislead, and two counts of introduction of misbranded drugs into interstate commerce.
In the fall of 2012, more than 793 patients in 20 states were diagnosed with fungal infections after receiving injections of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. Of those 793 patients, more than 100 patients have now died. The fungal meningitis outbreak was the largest public health crisis ever caused by a pharmaceutical drug.
The criminal investigation revealed that in addition to the contaminated MPA, NECC’s clean room pharmacists, including Svirskiy and Leary, knowingly manufactured and sold hundreds of other substandard drugs that were made in an unsafe manner and in insanitary conditions. The evidence presented at trial demonstrated that NECC’s pharmacists, including Svirskiy and Leary, failed to properly sterilize and test NECC’s drugs and failed to wait for test results before sending the drugs to customers. Svirskiy and Leary approved the use of expired drug ingredients, and the mislabeling of drugs in order to deceive customers. Svirskiy also supervised a pharmacy technician whose license had been revoked. To conceal the technician’s presence inside the clean room, Svirskiy directed the technician to fraudulently complete paperwork without his name appearing and to physically leave the clean room and hide in the warehouse when regulators would inspect the facility.
The insanitary conditions at NECC included, among other things, a lack of proper cleaning, fraudulently completed cleaning logs, and positive environmental monitoring hits for mold and bacteria inside NECC’s cleanrooms throughout 2012. Specifically, NECC recorded alert or action-level environmental monitoring hits for mold and bacteria during thirty-seven out of thirty-eight weeks prior to the shutdown in 2012. Despite these repeated action-level environmental monitoring hits and the presence of fungal blooms inside the clean room, neither Svirskiy, nor Leary, nor anyone else at NECC took any remedial action to eliminate the mold and bacterial contamination, or stop the drug production.
In June 2017, Barry Cadden, the former owner and head pharmacist for NECC, was sentenced to nine years in prison and three years of supervised release after being convicted of 57 counts. In January 2018, Glenn Chin, NECC’s former supervisory pharmacist, was sentenced to eight years in prison and two years of supervised release after being convicted of 77 counts. In total, 13 NECC defendants have been convicted of 178 charges.
United States Attorney Andrew E. Lelling; FDA Acting Commissioner Norman E. Sharpless, M.D.; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge, Defense Criminal Investigative Service, Northeast Field Office; Sean Smith, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division made the announcement today. Chief Amanda P.M. Strachan of Lelling’s Health Care Fraud Unit and Assistant U.S. Attorney George P. Varghese prosecuted the case.
New Bedford Man Indicted for Federal Drug OffensesRead the Press Release
BOSTON – A New Bedford man was charged yesterday in federal court in Boston with distributing cocaine and marijuana.
Luis Mendez, 37, was indicted on one count of possession with intent to distribute cocaine and marijuana. Mendez has been in state custody since his arrest on Feb. 7, 2019.
According to the charging document, on Feb. 7, 2019, after an investigation into drug distribution in and around New Bedford, law enforcement officers executed a search warrant at Mendez’s apartment, where Mendez was found in possession of approximately 15 grams of cocaine and 500 grams of marijuana. Mendez has prior felony convictions for narcotics distribution.
The charge of distribution of a controlled substance provides for a sentence of no greater than 30 years in prison, up to a lifetime of supervised release, and a maximum fine up to $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Four Charged in Drug Trafficking ConspiracyRead the Press Release
BOSTON – Four individuals were arrested and charged today in federal court in Boston in a drug trafficking conspiracy.
On May 30, 2019, Jose Perez Felix, a/k/a “Eugenio Piedraita-Rivera,” a/k/a “Roberto Patricio Ramirez,” a/k/a “Grande,” 41, of Dorchester; Edward Chapman, 51, of Pittsfield; Anthony Tsina, 35, of Quincy; and Yonatan Lara, 34, of Boston, were each charged with one count of conspiracy to distribute and possession with intent to distribute heroin, fentanyl, cocaine and oxycodone. The four men appeared in federal court today and were each ordered detained pending a detention hearing.
According to the charging document, in 2018, federal and state law enforcement began investigating members of a drug trafficking organization in and around the Boston area. Their investigation revealed that Perez Felix distributed large quantities of narcotics, including heroin, fentanyl, and cocaine, from a base of operations in Boston. Over the course of the investigation, other members of Perez Felix’s drug cell were identified, including Lara. Furthermore, Chapman and Tsina were identified as significant drug traffickers supplied by Perez Felix.
On May 30, 2019, agents executed several search warrants, which resulted in the seizure of cell phones, materials commonly used to package drugs for street level sale, digital scales, and over 100 grams of suspected heroin and/or fentanyl.
The charge of conspiracy to distribute and possession with intent to distribute heroin, fentanyl, cocaine, and oxycodone 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 $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Alathea Porter of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.
Fall River Woman Sentenced for Smuggling Drugs into MCI-Cedar JunctionRead the Press Release
BOSTON – The mother of an MCI-Cedar Junction inmate was sentenced today in federal court in Boston in connection with smuggling drugs into the facility.
Margaret Guillemette, 59, of Fall River was sentenced by U.S. District Court Judge Indira Talwani to time served (five days), two years of supervised release and 200 hours of community service. In March 2019, Guillemette pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam. In September 2018, she was charged along with Chad Connors, 42, and William Guillemette, 39, both inmates at Massachusetts Correctional Institute – Cedar Junction (MCI-CJ) in South Walpole, and Lisa Guillemette, 42, also of Fall River.
Chad Connors and William Guillemette were inmates housed at MCI-CJ’s Departmental Disciplinary Unit (DDU). It is alleged that 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 allegedly sent letters and money to Ramos at these P.O. Boxes and, at William Guillemette’s direction, his mother, Margaret, and his wife, Lisa, obtained and sent Suboxone and Alprazolam to the P.O. Boxes. Ramos subsequently smuggled the drugs into the DDU and delivered them to Connors. William Guillemette and, allegedly, Connors distributed the drugs to other inmates, who sent checks to Margaret and Lisa 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. Ramos was sentenced in April 2019 to two years of probation after pleading guilty to one count of conspiracy to distribute Suboxone and Alprazolam. Connors has pleaded not guilty and his case is pending.
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.
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.
East Brookfield Man Indicted for Illegally Operating an Aircraft, Making False Statements and Attempted Witness TamperingRead the Press Release
BOSTON – A federal grand jury has indicted an East Brookfield man in connection with unlawfully operating an aircraft, making false statements to federal investigators, and attempting to tamper with a witness.
Antonio Santonastaso, 59, was indicted on one count of serving as an airman without an airman certificate, two counts of making false statements to federal agents and one count of attempted witness tampering. Santonastaso was arrested and charged by complaint earlier this month.
According to court documents, the Federal Aviation Administration (FAA) revoked Santonastaso’s license to pilot an aircraft in 2000, after he participated in the theft of a helicopter from Norwood Memorial Airport. Despite being aware of that revocation, Santonastaso operated a Robinson R-22 helicopter – taking off and landing from his backyard – more than 50 times between April 28, 2018 and Nov. 11, 2018. FAA inspectors reviewed the path Santonastaso used when taking off and landing from his backyard, and concluded that it was extremely hazardous.
When questioned by the FAA and federal agents, Santonastaso repeatedly made false statements regarding his eligibility to pilot the helicopter. Among other things, Santonastaso falsely claimed to have not learned that the FAA had revoked his license, and made false statements regarding his applications for a medical certificate, which is required in order to operate an aircraft.
The indictment further alleges that Santonastaso attempted to corruptly persuade an individual with the intent to hinder, delay, and prevent that individual from reporting to law enforcement Santonastaso’s illegal helicopter flights.
The charging statutes provide for a sentence of no greater than 20 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation, Office of the Inspector General, made the announcement. Assistant U.S. Attorney Evan Panich of Lelling’s Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Indicted for Distributing FentanylRead the Press Release
BOSTON – A Dominican national was charged today in federal court in Boston with distributing fentanyl.
Rosario Lara, 36, a Dominican national residing in Lawrence, was indicted on one count of distributing cocaine and more than 400 grams of fentanyl. Lara was arrested and charged by complaint on April 19, 2019.
According to the charging documents, Lara sold more than a half-kilogram of fentanyl to a confidential informant in Lawrence on Feb. 21, 2019. Lara was arrested that day on state charges.
Lara faces a mandatory minimum sentence of 10 years and up to 40 years in prison, a minimum of 10 years and up to a lifetime of supervised release and a fine of $10 million. Lara will be subject to deportation upon completion of his sentence. 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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Middlesex District Attorney’s Office, Massachusetts State Police and Lawrence Police Department. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brockton Man Convicted of Possession of Child PornographyRead the Press Release
BOSTON – A Brockton man was convicted today in federal court in Boston of possession of child pornography.
Alex Levin, 52, was convicted following a four-day jury trial of one count of possession of child pornography. U.S. District Court Judge William G. Young scheduled sentencing for Sept. 11, 2019.
In August 2015, a search warrant was executed at Levin’s Norwood residence following a nation-wide investigation into the use of the Dark Web for the trade of child pornography. As a result of the search, agents located videos and images depicting the rape and abuse of young children on Levin’s computer.
Levin faces 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 $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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Valuable assistance was provided by the Boston Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, prosecuted the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Washington Man Charged with Sexual Exploitation of A ChildRead the Press Release
BOSTON – A Washington man was charged today in federal court in Boston with sexual exploitation of children.
Jabarie Phillips, a/k/a Jabarie Lindsey, 41, of Seattle, Wash., was charged with one count of sexual exploitation of children. Phillips is currently in state custody on related charges. He will appear in federal court in Boston at a later date.
It is alleged that in April 2019, Phillips and a 14-year-old girl began communicating via Facebook. Phillips, knowing the girl’s age, repeatedly asked her to take sexually explicit videos and photos of herself for him to view. During their communications, the minor told Phillips she had issues with her family, to which Phillips allegedly responded: “If you run away let me know we can take this show on the road I need a partner in crime.” The minor subsequently met Phillips at Logan Airport, where they then traveled to South Station to catch a bus to Seattle, Wash.
Phillips was arrested in Minneapolis, Minn., on May 3, 2019, on two warrants – one out of Washington State for probation violation (he had recently been released from prison after serving a sentence for a 2008 conviction for manslaughter) and one out of Massachusetts for kidnapping.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Bristol County District Attorney Thomas Quinn; and Fall River Police Chief Albert F. Dupere made the announcement today. Assistant U.S. Attorney Lori Holik, Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Man Charged with Sending Racist Death Threats to Dozens of Professional and College AthletesRead the Press Release
BOSTON – A former college soccer player was charged today in federal court in Boston with sending death threats to at least 45 professional and collegiate athletes between July and December 2017.
Addison Choi, 23, of Fullerton, Calif., was charged with one count of transmitting in interstate and foreign commerce a threat to injure the person of another. Choi will appear in federal court in Boston at a later date.
“There is a difference between free speech – even hate speech – and intentionally putting others in fear for their lives,” United States Attorney Andrew E. Lelling. “Mr. Choi crossed that line. Based on today’s charging document, and hiding behind the anonymity of social media, he threatened his victims in graphically violent, often racist terms. We take seriously internet-based threats of violence, especially racist ones – they undermine our nation’s hard-won, fundamental values of equality.”
“As alleged, Addison Choi made dozens of vile and racist death threats targeting professional and collegiate athletes and their families,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “He waged a very public campaign of intimidation against them, blaming them for his own prolific gambling losses. Let this case serve as another warning to others who think they can hide behind a keyboard and get away with making violent threats that put others in fear for their lives. Enough is enough. The FBI takes seriously all acts or threats of violence and is committed to investigating them.”
According to court documents, in 2017 Choi attended college in Wellesley where he played varsity soccer. He also gambled prolifically on sports, both professional and collegiate, and he lost more than he won. When the players or teams that he bet on performed poorly, Choi used Instagram to send them death threats. For example, on July 27, 2017, Choi posted on one professional athlete’s Instagram account: “I will kill you and your family and f****** hang them on a tree you stupid ugly mother*****” and also “I hope you f****** die you stupid monkey n*****.” On the same day, Choi posted on another athlete’s Instagram account: “I’ll find your f****** family and skin them alive you stupid f***, I hope you never play again.” Choi also posted threats on the accounts of athletes’ loved ones.
In another instance, Choi posted on the Instagram page of a professional athlete’s girlfriend, “You stupid mother***** [name], you worthless f***. I will f****** kill you,” and “I will f****** kill [name] you dumb f****** bitch… leave that irrelevant stupid mother*****.”
Between July 2017 and December 2017, Choi allegedly posted threats to at least 45 different Instagram accounts, with multiple threats to each account and often multiple targets per threat.
Choi faces a sentence of no greater than five years in prison, three years of supervised release, restitution, 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 and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Scott L. Garland, of Lelling’s Civil Rights Enforcement Team, and Gregory J. Dorchak, of Lelling’s Civil Rights Unit, are prosecuting the case.
Guatemalan National Wanted for Crimes Against Humanity Charged with Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national wanted for his role in the 1980s massacre of indigenous Guatemalans was charged yesterday in federal court in Boston.
Francisco Cuxum Alvarado, a/k/a Francisco Cuxun-Alvarado, 64, was indicted on one count of illegal reentry into the United States. Cuxum Alvarado was detained following an arraignment yesterday.
“Mr. Cuxum Alvarado is in Massachusetts illegally, evading accountability for human rights violations in Guatemala,” said United States Attorney Andrew E. Lelling. “While many immigrants come to this country seeking a better life, Mr. Cuxum Alvarado came here illegally, to escape a dark, criminal past. This case highlights the important work of Homeland Security Investigations and ICE in identifying and removing war criminals, human rights violators, and other dangerous aliens who illegally seek a safe haven in the United States.”
“We congratulate the U.S. Attorney for pursuing justice in this case,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigrations and Customs Enforcement’s Homeland Security Investigation (HSI), Boston. “Homeland Security Investigations looks forward to the disturbing and egregious allegations against this individual being openly and fairly adjudicated in federal court.”
According court documents, beginning in the early 1980s, there were a series of attacks committed against the indigenous Maya Achi people of Rio Negro, in and around the municipality of Rabinal, in Guatemala. During these massacres Guatemalan armed forces, assisted by civilian militias known as the Civil Defense Patrols (PACs), forcibly removed the Maya Achi from Rio Negro and attacked and killed hundreds of them. More than 400 Maya Achi people were killed in the Rio Negro massacres and hundreds of others were forcibly removed from their homes. In addition to the murders, there were mass sexual assaults carried out against Achi-Mayan women.
It is alleged that Cuxum Alvarado was a member of the PAC in Rabinal, and in 1998, was named as a suspect in the March 13, 1982, massacre of women and children at Cerro Pacoxom. In 2018, the Guatemalan government charged Cuxum Alvarado with crimes against humanity for participating in the mass sexual assault of Maya Achi women in and around Rabinal. In connection with the charges, the Guatemalan government obtained an INTERPOL Red Notice for Cuxum Alvarado’s arrest, which is a request to law enforcement agencies worldwide to locate and provisionally arrest suspects pending extradition to the jurisdiction in which they are charged. Cuxum Alvarado will be subject to extradition to Guatemala.
On April 30, 2019, Cuxum Alvarado was located in Waltham and arrested. During a subsequent interview with law enforcement, Cuxum Alvarado admitted that he was a member of the Rabinal PAC. At the time of his arrest, Cuxum Alvarado was unlawfully in the United States. He previously unlawfully entered the country in March 2004 in Arizona, and was ordered to be removed.
The charging statute provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. The defendant will be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling and HSI SAC Fitzhugh made the announcement today. This case was developed and supported by ICE’s Human Rights Violators and War Crimes Center, and investigated by HSI Boston’s Human Rights Violators and War Crimes Investigative Group and ERO Boston’s Fugitive Operations Unit. The Waltham Police Department and the HSI Attaché in Guatemala City, Guatemala assisted in the investigation. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.
C-Mart Supermarket Inc. Sentenced for Snap Benefit FraudRead the Press Release
BOSTON – C-Mart Supermarket Inc. (C-Mart) was sentenced today in federal court in Boston in connection with an $110,000 SNAP benefit fraud scheme that the corporate defendant operated out of a Chinatown supermarket.
C-Mart was ordered by Chief U.S. District Court Judge Patti B. Saris to pay $110,000 in restitution and a $10,000 fine. On Feb. 26, 2019, C-Mart Supermarket Inc. pleaded guilty to one count of conspiracy to acquire, possess, and redeem Supplemental Nutritional Assistance Program (SNAP) benefits in an unauthorized manner, and one count of SNAP fraud/aiding and abetting.
SNAP, administered by the U.S. Department of Agriculture (USDA), provides eligible households with government subsidies for food and allows holders to exchange their SNAP benefits for food at authorized retail food stores. During the time-frame of the conspiracy, C-Mart was an authorized SNAP retailer.
From about October 2010 through April 2012, C-Mart conspired with another business located in the Chinatown section of Boston to commit SNAP fraud. During that period, the co-conspirator and employees of the co-conspirator purchased SNAP benefits from legitimate SNAP beneficiaries for cash at a discounted value of approximately 50 cents for every SNAP dollar at the co-conspirator’s establishment. As neither the co-conspirator nor its employees were authorized to accept SNAP benefits as payment, the co-conspirator took the SNAP beneficiaries’ Electronic Benefit Transfer (EBT) cards or card information and used the dollar value of the benefits at several stores in Chinatown that were authorized to accept SNAP benefits. C-Mart was one of those stores. The co-conspirator would go to C-Mart and provide various EBT cards to a C-Mart employee who would swipe the EBT cards belonging to individuals who were not the co-conspirator. The co-conspirator would then receive credit from C-Mart to use those funds to purchase inventory from the store. Additionally, USDA deposited the dollar value of the benefits swiped on each food stamp EBT card into C-Mart’s bank account; therefore, C-mart received the cash value of the SNAP benefits from the USDA. During the course of the conspiracy, C-Mart Supermarket Inc. defrauded the USDA of $110,000 in SNAP funds.
United States Attorney Andrew E. Lelling; Bethanne M. Dinkins, Special Agent in Charge of the U.S. Department of Agriculture, Office of Inspector General, Office of Investigation, Northeast Region; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorneys Suzanne Sullivan Jacobus and Robert Richardson of Lelling’s Major Crimes Unit prosecuted the case.
Pennsylvania Man Pleads Guilty to Transporting Stolen Electronics Across State LinesRead the Press Release
BOSTON – A Pennsylvania man pleaded guilty today in federal court in Worcester in connection with transporting stolen electronics across state lines. The defendant broke into Target stores in Easton and Westborough, Mass., and in Pennsylvania and Connecticut.
Elijah Aiken, 36, of Allentown, Penn., pleaded guilty to one count of conspiring to transport stolen goods in interstate commerce and two counts of interstate transportation of stolen goods. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 26, 2019.
From December 2014 until February 2015, Aiken conspired with others to break into numerous Target retail stores during early morning hours, usually by using portable blow torches to cut through the metal loading-dock doors at the rear of the stores. Once inside, Aiken and his co-conspirators stole electronic devices valued at hundreds of thousands of dollars, including cellular phones and computer tablets. Aiken and his co-conspirator successfully burglarized Target stores in Easton and Westborough, Mass., as well as in Pennsylvania and Connecticut. Aiken transported the stolen electronics across state lines in order to sell them to buyers in New York.
The charge of interstate transportation of stolen goods, provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution in an amount determined by the court. The charge of conspiracy to transport stolen goods in interstate commerce provides for a sentence of no greater than five years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution as determined by the court. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case.
Peabody Woman Sentenced for Multi-Million Dollar Lottery Ticket ScamRead the Press Release
BOSTON - A Peabody woman was sentenced today in federal court in Boston in connection with a “ten-percenting” scheme, in which she purchased millions of dollars’ worth of winning Massachusetts state lottery tickets at a discount in order to help the ticket holders avoid taxes on the winnings.
Bhavna Patel, 44, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to one year of probation and ordered to pay a fine of $1,000. In September 2018, Patel agreed to plead guilty to one count of conspiracy.
Two co-conspirators previously pleaded guilty. George Kinslieh, 68, was charged with one count of filing false tax returns and is scheduled to be sentenced on June 26, 2019. Clarance Jones, 80, pleaded guilty to conspiracy to commit tax fraud and filing false tax returns and is scheduled to be sentenced on Aug. 13, 2019.
From at least 2013 through 2017, Patel and Kinslieh, who were convenience store owners, and others, purchased winning lottery tickets from the ticket holders for cash, at a discount to the value of the tickets, thereby allowing the ticket holders to avoid reporting the winnings on their tax returns – a scheme known as “ten-percenting.” Patel and Kinslieh gave the winning tickets to Jones, who presented them to the Massachusetts State Lottery Commission as his own, and collected the full winnings. Patel did not report to the Internal Revenue Service or pay taxes on the income that she received from the ticket scheme.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. The Massachusetts State Lottery Commission provided assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Lawrence Man Sentenced for Distributing FentanylRead the Press Release
BOSTON – A Lawrence man was sentenced today in federal court in Boston for his role in a fentanyl distribution conspiracy.
Carlos Rodriguez, 20, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to five years in prison and four years of supervised release. On Feb. 27, 2019, Rodriguez pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 400 grams or more of fentanyl, and one count of possession with intent to distribute 40 grams or more of fentanyl.
On April 19, 2018, during an undercover operation, federal agents seized 157 grams of fentanyl from Rodriguez. He was arrested that day. Upon execution of a federal search warrant at his residence, agents seized additional fentanyl and a digital scale.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Andover Police Chief Patrick Keefe; Lawrence Police Chief Roy Vasque; and Methuen Police Chief Joe Solomon made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Holyoke Man Pleads Guilty to Crack Cocaine OffenseRead the Press Release
BOSTON – A Holyoke man pleaded guilty today in federal court in Springfield to distributing crack cocaine.
Pedro Colon Amadeo, 36, pleaded guilty to distribution and possession with intent to distribute cocaine base, also known as crack cocaine. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 4, 2019.
Colon Amadeo distributed drugs in Holyoke between November 2017 and January 2018. His arrest was the result of a seven month law enforcement investigation into cocaine and heroin trafficking in Holyoke by members of La Familia gang.
Colon Amadeo faces up to 40 years in prison, up to a lifetime of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Holyoke Police Chief James M. Neiswanger made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Office is prosecuting the case.
Three Parents in College Admissions Case Plead GuiltyRead the Press Release
BOSTON – Three parents charged in the college admissions case pleaded guilty today in federal court in Boston.
Jane Buckingham, 50, of Beverly Hills, Calif.; Robert Flaxman, 62, of Laguna Beach, Calif.; and Marjorie Klapper, 50, of Menlo Park, Calif., each pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Indira Talwani scheduled the sentencings for Oct. 23, Oct. 18, and Oct. 16, 2019, respectively.
At today’s hearing, Buckingham acknowledged agreeing to pay Rick Singer $50,000 to participate in the college entrance exam cheating scheme for her son. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines sentencing range, one year of supervised release, a fine of $40,000, restitution and forfeiture.
Flaxman acknowledged agreeing to pay Singer $75,000 to participate in the college entrance exam cheating scheme for his daughter. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines sentencing range, one year of supervised release, a fine of $40,000, restitution and forfeiture.
Klapper acknowledged agreeing to pay Rick Singer $15,000 to participate in the college entrance exam cheating scheme for her son. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines sentencing range, one year of supervised release, a fine of $20,000, 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 case.
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.
Dominican National Indicted on Identity Theft ChargesRead the Press Release
BOSTON – A Dominical national was arrested yesterday and charged in federal court in Boston with identity theft.
Marlon Suazo Santos, 30, a Dominican national residing in Dorchester, was indicted on two counts of false representation of a Social Security number and one count of aggravated identity theft. Suazo is in state custody but will appear in federal court in Boston for an initial appearance and arraignment at a later date.
According to the indictment, Suazo fraudulently used a Social Security number that was not his when applying for a learner’s permit and driver’s license with the Massachusetts Registry of Motor Vehicles in 2017.
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. 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. 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.
Dominican National Charged with Unlawful ReentryRead the Press Release
BOSTON – A Dominican national was charged yesterday in federal court in Boston with illegally reentering the United States after being deported.
Diostene Pimental, 41, a Dominican national formerly residing in Boston, was indicted on one count of unlawfully re-entering the United States after being deported.
According to the indictment, Pimental was removed in November 2012 and subsequently re-entered the United States without permission. The indictment further alleges that Pimental was deported after being convicted of an aggravated felony.
Pimental faces 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. Pimental will be subject to deportation proceedings. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston, made the announcement today. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Colombian National Sentenced for Illegal Reentry, Immigration Document FraudRead the Press Release
BOSTON – A Colombian national was sentenced in federal court in Boston for illegally reentering the United States after deportation and immigration document fraud.
Guillermo Pineda Suarez, 57, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 21 months in prison, 14 months deemed served, and three years of supervised release. Pineda Suarez will be subject to deportation proceedings upon completion of his sentence. On March 1, 2019, he pleaded guilty to one count of illegal reentry of a deported alien, one count of possession and use of a false immigration document, and one count of false statements in an immigration document.
On May 22, 2014, Pineda Suarez made a false statement under oath in a United States Citizenship and Immigration Services Form I-9 Employment Eligibility Verification Form and used a counterfeit United States of America Permanent Resident Card. On March 15, 2018, Pineda Suarez was encountered by law enforcement in Boston and determined to be unlawfully present in the United States. Pineda Suarez was previously deported on Nov. 9, 2001.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Lelling’s Major Crimes Unit prosecuted the case.
Boston Man Charged with Being A Felon in Possession of A Firearm and AmmunitionRead the Press Release
BOSTON – A Boston man was arrested yesterday and charged in federal court in Boston with illegally possessing a firearm and ammunition.
Rahshjeem Benson, 36, was charged with being a felon in possession of a firearm and ammunition. Benson appeared in federal court in Boston today, and was ordered detained pending a detention hearing scheduled for May 31, 2019.
According to court documents, on April 5, 2019, Benson possessed a Charter Arms Bulldog Pug .44 SPL caliber revolver, and five Smith & Wesson .44 caliber SPL cartridges. Due to a prior felony conviction, Benson is prohibited from possessing firearms or ammunition.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rhode Island Man Arrested for Somerville Armed Bank RobberyRead the Press Release
BOSTON – A Rhode Island man was arrested and charged today in federal court in Boston in connection with an armed bank robbery in Somerville on May 1, 2019, that resulted in shots fired.
Daniel Rosado, 32, of Providence, R.I., was charged with one count of armed bank robbery, one count of brandishing and discharging a firearm during a crime of violence, and one count of being a felon in possession of a firearm. Rosado will appear in federal court in Boston later today.
“Today’s arrest and charges put an end to a three week search for a dangerous and reckless individual,” said U.S. Attorney Andrew E. Lelling. “No one should feel afraid to do the everyday, basic American errands we all need to do. But on May 1, it’s alleged that one man callously threatened the lives of dozens of innocent people who were doing just that. By not just brandishing, but actually discharging his weapon – twice – the alleged defendant instilled fear and endangered the lives of members of our community for his own greed and selfishness. My office is committed to prosecuting violent individuals to the fullest extent of the law.”
“As alleged, Mr. Rosado terrorized bank employees, shot at a Somerville police officer, and put the lives of innocent bystanders at risk,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office. “The FBI’s Violent Crimes Task Force is extremely grateful that we were able to apprehend him before anyone got hurt. Thanks to the extraordinary courage of a concerned citizen, who attempted to tackle Rosado, causing him to drop his backpack, we were able to determine his identity. This case demonstrates our commitment to bringing to justice those who commit violent acts against our fellow law enforcement officers and hard-working citizens.”
“I commend all the partner agencies involved in this investigation, and would like to recognize the MSP Troopers, our K9 teams and the Air Wing crew who took part in the initial search for the suspect, our Troopers who serve on the FBI’s Violent Crimes task force who assisted in the subsequent investigation, and our State Police Crime Lab personnel who helped develop forensic evidence vital to the identification of the suspect,” said Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police. “Their diligence and that of our federal and local law enforcement partners, and the partnership among our agencies, are why this case was solved.”
“I would like to thank our federal and state partners for their collaboration in this investigation,” said Somerville Police Chief David Fallon. “Violent acts, such as the one which took place on the morning of May 1, 2019, here in Somerville, recklessly endanger the lives of the public and the police. This investigation is a great example of collaboration between law enforcement agencies in our combined efforts to protect our communities.”
According to the charging document, on May 1, 2019, a man, later identified as Rosado, entered the Middlesex Federal Savings Bank in Somerville, brandished a handgun, fired a shot into the ceiling, and pointed the firearm at customers and bank employees. It is alleged that Rosado yelled: “Get down!”, “Everybody on the ground!”, “Second Drawer, Hurry Up!”, “Give me money or I’ll shoot!” Customers and bank employees laid on the floor, while the robber approached a teller window, threw a backpack at the teller, and demanded money.
While the teller filled the backpack with money, a customer exited the bank and flagged down a marked police cruiser occupied by a uniformed Somerville Police officer. The officer entered the bank, pointed his gun at the robber, and ordered him to freeze. In response, it is alleged that Rosado faced the officer, pointed his gun in the officer’s direction, and fired one shot. The officer shot back. During the exchange of gunfire, Rosado exited the bank and fled on foot, and the officer chased after him on foot.
According to the charging document, as Rosado fled down College Avenue, a bystander, noticing that Rosado was being pursued by a police officer, attempted to tackle Rosado, which caused Rosado to drop his backpack. Rosado kept running, and witnesses eventually lost sight of him.
Upon review of the backpack, law enforcement found a Webley revolver, loaded with four unfired rounds of ammunition, and two cartridge casings, as well as more than $500.
Further investigation, including forensic analysis of the backpack, linked the DNA profile found on the backpack to Rosado. A subsequent review of Rosado’s driver’s license photo matched the images of the robber captured on video surveillance at Middlesex Bank.
According to court records, Rosado has prior felony convictions, such as negligent operation of a motor vehicle, larceny from a person and witness intimidation, and assault by means of a dangerous weapon. Due to these prior convictions, Rosado is prohibited from possessing a firearm or ammunition.
The charge of armed bank robbery provides for a sentence of no greater than 25 years in prison, five years of supervised release, and a fine of $250,000; the charge of brandishing and discharging a firearm during a crime of violence provides for a mandatory minimum seven year sentence for brandishing and a mandatory minimum 10 year sentence for discharging and up to life in prison, to be served consecutive to any other sentence imposed, and a fine of $250,000. The charge of being a felon in possession of a firearm 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; FBI SAC Bonavolonta; Colonel Gilpin; and Somerville Police Chief Fallon made the announcement today. Valuable assistance was provided by the United States Attorney’s Office for the District of Rhode Island and the Providence (R.I.) Police Department. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Holyoke Man Pleads Guilty to Threatening to Murder Federal Law Enforcement OfficerRead the Press Release
BOSTON - A Holyoke man pleaded guilty yesterday in federal court in Boston to threatening to murder a federal law enforcement officer.
Carlos Maldonado, 30, pleaded guilty to threatening to murder a federal law enforcement officer in retaliation for the federal officer’s performance of his official duties. U.S. District Court Judge Denise J. Casper scheduled sentencing for June 19, 2019. Maldonado was charged on April 26, 2019.
Maldonado is presently serving a 42-month federal sentence, a compilation of a 30-month sentence as a result of his conviction for cocaine distribution in 2016, and a consecutive 12-month sentence for his violation of supervised release conditions related to a prior conviction for distributing heroin in 2014.
If convicted on the charge of threatening a federal law enforcement officer, Maldonado faces a sentence of no greater than 10 years in prison, three years 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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case.
Dominican National Pleads Guilty to Misuse of A Social Security NumberRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for misusing a Social Security number.
Adys Sanchez, 47, was sentenced by U.S. District Court Judge Leo T. Sorokin to 12 months and one day in prison and two years of supervised release. Sanchez will be subject to deportation proceedings upon completion of her sentence. In April 2018, Sanchez was charged by indictment and later arrested in Miami, Fla.
In April 2014, Sanchez used the name and Social Security number of a U.S. citizen from Puerto Rico when she applied for a driver’s license renewal at the Massachusetts Registry of Motor Vehicles. Based on the application, Sanchez’s license in the name of the U.S. citizen was renewed.
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, Bureau of Diplomatic Security, Boston Field Office; Scott Antolik, Special Agent in Charge of the Social Security Administration Office of Inspector General; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Pleads Guilty to Identity Theft and Drug ChargeRead the Press Release
BOSTON - A Dominican national pleaded guilty yesterday in federal court in Boston to identity theft and distributing fentanyl and cocaine.
Yhoan Alexis Nivar Rodriguez, 30, a Dominican national residing in Mattapan, pleaded guilty to Social Security fraud, aggravated identity theft, and possession of cocaine and fentanyl with intent to distribute. Chief U.S. District Court Judge Patti B. Saris scheduled sentencing for Aug. 22, 2019.
On Dec. 15, 2015, Nivar went to a Registry of Motor Vehicles office in Braintree and successfully applied for a Massachusetts driver’s license using the name, date of birth, and Social Security number of a female U.S. citizen from Puerto Rico. In July 2018, federal agents went to Nivar’s apartment to arrest him and execute a search warrant. While executing the warrant, agents found a locked safe in Nivar’s bedroom that contained small knotted baggies of drugs, a ledger, and $1,500. Another $2,753 was found on a table in the bedroom.
The charge of Social Security fraud 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. The charge of aggravated identity theft carries 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 charging statute for possession with intent to distribute cocaine and fentanyl provides for a sentence of no greater than 20 years in prison, supervised release for a minimum of three years and up to life, and a fine of up to $1 million. Nivar will be subject to deportation upon completion of his sentence. 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; 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. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
Three Parents in College Admissions Case Plead GuiltyRead the Press Release
BOSTON – Three parents charged in the college admissions case pleaded guilty today in federal court in Boston.
Gregory Abbott, 68, and Marcia Abbott, 59, of New York, N.Y., and Aspen, Colo., and Peter Jan Sartorio, 53, of Menlo Park, Calif., pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Indira Talwani scheduled the Abbotts’ sentencing for Oct. 8, 2019, and Sartorio’s sentencing for Oct. 11, 2019.
At today’s hearing, Gregory and Marcia Abbott acknowledged paying Rick Singer $125,000 to participate in the college entrance exam cheating scheme for their daughter. According to the terms of the plea agreements, the government will recommend a sentence of one year and one day in prison, one year of supervised release, a fine of $55,000, restitution and forfeiture for each defendant.
Sartorio pleaded guilty to conspiring to pay Singer $15,000 to participate in the college entrance exam cheating scheme for his daughter. According to the terms of the plea agreement, the government will recommend a sentence within the Guidelines sentencing range, one year of supervised release, a fine of $9,500, 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 case.
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.
Ludlow Woman Pleads Guilty to Bank FraudRead the Press Release
BOSTON - A Ludlow woman pleaded guilty yesterday in federal court in Springfield to bank fraud.
Beth Zastawny, 53, pleaded guilty to one count of bank fraud and three counts of money laundering. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Oct. 1, 2019.
Zastawny committed bank fraud in connection with a $4.2 million loan package for her Chicopee based company, Diecast Connections Company Inc. In January 2015, Blue Hills Bank, relying upon Zastawny’s false representations, extended the loans. Zastawny submitted fake financial statements to the bank, and she made false representations about Diecast's assets and liabilities to make it appear that Diecast's financial condition was much stronger than it was. After obtaining the loan proceeds, Zastawny paid back creditors who had not been disclosed to the bank, and the funds were used for purposes not called for in the loan agreement between Diecast and Blue Hills Bank. In July 2016, Blue Hills Bank foreclosed on the loan after Zastawny failed to meet the terms of the loan agreement, which resulted in a substantial loss for the bank.
Bank fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release, and a fine of $1 million. Each money laundering count provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
Boston Man Charged with Fentanyl TraffickingRead the Press Release
BOSTON – A Boston man was charged today in federal court in Boston in connection with trafficking fentanyl.
Anthony Smallwood, 28, was arrested and charged by criminal complaint with one count of distribution of, and possession with intent to distribute, more than 40 grams of fentanyl. Smallwood appeared in federal court in Boston today and was remanded to custody pending a detention and probable cause hearing.
According to court documents, between March and May 2019, Smallwood engaged in five separate drug sales of suspected fentanyl and crack cocaine to a witness cooperating with the government.
The charge of distribution of, and possession with intent to distribute 40 grams or more of fentanyl provides for 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; and Boston Police Commissioner William Gross made the announcement today. Valuable assistance was provided by members of the Organized Crime Drug Enforcement Task Force Strike Force. 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.
U.S. Postal Service Employee Sentenced for Embezzling Postal Money OrdersRead the Press Release
BOSTON – A U.S. Postal Service (USPS) employee has been sentenced in federal court in Boston with embezzling over $18,000.
Rashayna Seney, 26, of Randolph, was sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to time served (one day) and three years of supervised release with the special condition that during the first year she serve 74 days of intermittent confinement at a residential re-entry center. Judge Woodlock also ordered Seney to pay restitution totaling $18,150. The sentencing hearing took place on Thursday, May 16, but the final sentence was formally imposed today. In December 2018, Seney pleaded guilty to one count of embezzlement and theft of public money, property or records.
Seney began working for USPS around 2016, most recently as a Sales & Service Distribution Associate at the Waban Post Office. In this role, Seney had the ability to issue foreign and domestic postal money orders. Seney engaged in a scheme in which she issued money orders to friends and then voided the transactions so that her friends could deposit the orders without ever paying for them. Additionally, Seney used counterfeit bills in exchange for some money orders that her associates then cashed. Seney’s scheme cost the USPS over $18,000.
United States Attorney Andrew E. Lelling; Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office; Joseph W. Cronin, Postal Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; and Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office and made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit prosecuted the case.
Two Parents in College Admission Case Plead GuiltyRead the Press Release
BOSTON – Two parents charged in the college admissions case pleaded guilty today in federal court in Boston.
Agustin Huneeus, 53, of San Francisco, Calif., and Gordon Caplan, 53, of Greenwich, Conn., pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Indira Talwani scheduled sentencing for Oct. 4 and Oct. 3, 2019, respectively.
At today’s hearing, Caplan pleaded guilty to conspiring to pay Rick Singer $75,000 to participate in the college entrance exam scheme for his daughter. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines sentencing range, one year of supervised release, a fine of $40,000, restitution and forfeiture.
Huneeus pleaded guilty to conspiring to pay Singer $300,000 to participate in both the college entrance exam and recruitment schemes for his daughter. 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 $55,000, 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 case.
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.
Two Indicted in Connection with Multimillion-Dollar Marijuana EnterpriseRead the Press Release
BOSTON – Two women were indicted by a federal grand jury in Worcester in connection with their management of Northern Herb, a marijuana delivery service that operated in Massachusetts from 2015 to 2018.
Deana Martin, 51, of Milton, was charged with one count of conspiring to distribute more than 100 kilograms of marijuana, one count of possessing more than 100 kilograms of marijuana, and three counts of money laundering. Martin was arrested last month on a criminal complaint.
Tatiana Fridkes, a/k/a Sonya, 32, of Dorchester, was charged with one count of conspiring to distribute more than 100 kilograms of marijuana. Fridkes was arrested today and will appear in federal court in Boston today at 1:00 pm.
According to the charging documents, Martin owned and managed Northern Herb, which operated a website offering marijuana (including raw marijuana, pre-rolled cigarettes, and marijuana edibles) for sale. While Northern Herb purported to provide medical marijuana, it did not require a customer to provide proof of a medical marijuana card. Furthermore, it is alleged that Northern Herb would deliver marijuana to unattended locations (such as a front door or hallway) where unknown third parties might have access to it. Northern Herb used locations in Canton, Milton, Foxborough, and Hyde Park to store and distribute marijuana, and employed at least 25 workers.
From May 2016 through July 2018, Northern Herb allegedly had total revenue exceeding $14 million, and Martin herself claimed an income of $80,000 per month. Martin controlled numerous bank accounts into which funds derived from Northern Herb sales were laundered, and she used several accounts in another person’s name to conceal her control over this money and to hide it from the U.S. Bankruptcy Court. Martin allegedly used money from Northern Herb sales to pay more than $300,000 towards the mortgage on her house and to buy a 2017 Porsche Boxster, among other things.
It is further alleged that Northern Herb did not withhold or pay taxes on its millions of dollars in marijuana sales. In an email referencing cannabis taxes charged by one state government, Martin wrote: “Zero taxes is still better.” Northern Herb did not remit or pay employment taxes in connection with its workforce or issue its employees W-2s or 1099s.
The drug charges each provide for a mandatory minimum sentence of five years and no greater than 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. The money laundering charges each provide for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of twice the amount of money laundered. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. The United States Postal Inspection Service also provided valuable assistance with this investigation. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division is prosecuting the case.
The details contained in the indictment and complaint are allegations. Each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lynn Man Pleads Guilty to Multi-Million Dollar Lottery Ticket ScamRead the Press Release
BOSTON - A Lynn man pleaded guilty today to tax fraud charges in connection with a “ten-percenting” scheme, in which he purchased millions of dollars’ worth of winning Massachusetts state lottery tickets at a discount in order to help the ticket holders avoid taxes on the winnings.
Clarance Jones, 80, pleaded guilty to conspiring to commit tax fraud and filing false tax returns. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Aug. 13, 2019.
Two co-conspirators previously pleaded guilty. George Kinslieh, 68, was charged with one count of filing false tax returns and is scheduled to be sentenced on June 26, 2019. Bhavna Patel, 44, pleaded guilty to one count of conspiring to defraud the Internal Revenue Service and is scheduled to be sentenced on May 28, 2019.
From at least 2013 through 2015, Kinslieh and Patel, who were store owners, and others, purchased winning lottery tickets from the ticket holders for cash, at a discount to the value of the tickets, thereby allowing the ticket holders to avoid reporting the winnings on their tax returns – a scheme known as “ten-percenting.” Kinslieh and Patel gave the winning tickets to Jones, who presented them to the Massachusetts State Lottery Commission as his own, and collected the full winnings. Jones reported the winnings on his tax returns, but offset them with purported gambling losses. Jones and the store owners then shared the excess winnings.
It is alleged that for the tax years 2011 through 2017, Jones paid less than $16,000 in federal tax on a total of approximately $52,000 of reported income. During this period, Jones claimed that he was a professional gambler and that all of his winnings were offset by alleged gambling losses. Patel and Kinslieh did not report to the Internal Revenue Service or pay taxes on the income that they received from the ticket scheme.
The charge of conspiracy to commit tax fraud provides 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 loss or gain, whichever is greater. The charge of filing a false tax return provides for a sentence of no greater than three years in prison, one year of supervised release, a fine of $100,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. The Massachusetts State Lottery Commission provided assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit is prosecuting the cases.
Dominican National Sentenced for Social Security FraudRead the Press Release
BOSTON – A Dominican national residing in Lynn was sentenced yesterday in federal court in Boston for Social Security fraud.
Kelvin Bautista Valdez, 32, was sentenced by U.S. District Court Judge Denise J. Casper to 12 months in prison and two years of supervised release. Bautista Valdez will be subject to deportation proceedings upon completion of his sentence. In February 2019, Bautista Valdez pleaded guilty to one count of false representation of a Social Security number. Bautista Valdez was arrested and charged in a July 2018 federal law enforcement sweep of 25 individuals accused of document and benefit fraud.
Dubbed “Double Trouble,” the July 2018 investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), comprised of local, state and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.
On Jan. 20, 2015, Bautista Valdez, applied for a Massachusetts Driver’s License using the name and Social Security number of a U.S citizen from Puerto Rico. 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 Valdez was issued a driver’s license in the name of the U.S. citizen.
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 prosecuted the case.