District of Massachusetts

BOSTON – The founder and four former executives of Insys Therapeutics Inc. were convicted today by a federal jury in Boston in connection with bribing medical practitioners to prescribe Subsys, a highly-addictive sublingual fentanyl spray intended for cancer patients experiencing breakthrough pain, and for defrauding Medicare and private insurance carriers.

Insys founder and former Executive Chairman John N. Kapoor, 76, of Phoenix, Ariz.; Richard M. Simon, 48, of Seal Beach, Calif., the former National Director of Sales; Sunrise Lee, 38, of Bryant City, Mich., a former Regional Sales Director; Joseph A. Rowan, 45, of Panama City, Fla., a former Regional Sales Director; and Michael J. Gurry, 55, of Scottsdale, Ariz., the former Vice President of Managed Markets, were convicted by a federal jury of RICO conspiracy. Sentencing dates have not yet been set.

Prior to the start of the trial, two other high-level Insys executives pleaded guilty and testified during the trial: Michael Babich, of Scottsdale Ariz., the former CEO and President of the company, and Alec Burlakoff, of Charlotte, N.C., the former Vice President of Sales.

From May 2012 to December 2015, the defendants conspired to bribe practitioners, many of whom operated pain clinics, in order to induce them to prescribe Insys’ fentanyl-based pain medication, Subsys, to patients often when medically unnecessary. Subsys is a powerful, rapid-onset opioid intended to treat cancer patients suffering intense breakthrough pain.

The defendants used pharmacy data to identify practitioners who either prescribed unusually high volumes of rapid-onset opioids, or had demonstrated a capacity to do so, and bribed and provided kickbacks to the practitioners to increase the number of new Subsys prescriptions, and to increase the dosage and number of units of Subsys. The defendants also measured the success of their criminal enterprise by comparing the net revenue earned from targeted practitioners with the total value of bribes and kickbacks paid. The defendants used this information to reduce or eliminate bribes paid to practitioners who failed to meet satisfactory prescribing requirements, which they determined to be the net revenue equal to at least twice the amount of bribes paid to the practitioner.

The bribes and kickbacks took multiple forms. In March 2012, Insys began using “speaker programs” purportedly intended to increase brand awareness of Subsys through peer-to-peer educational lunches and dinners. However, the programs were used as a vehicle to pay bribes and kickbacks to targeted practitioners in exchange for increased Subsys prescriptions and increased dosage. In most instances, the programs were shams.

The defendants also conspired to mislead and defraud health insurance providers who were reluctant to approve payment for the drug when it was prescribed for non-cancer patients. The defendants conspired to achieve this by setting up the “Insys Reimbursement Center,” (IRC) which was dedicated to obtaining prior authorization for payment directly from insurers and pharmacy benefit managers. Beginning in October 2012, employees of the IRC posed as employees of the practitioner and used “the spiel” – a script of false and misleading representations about patient diagnoses in order to secure approval for the drug by the insurance provider. For example, since insurers were more likely to authorize payment for Subsys if a patient was being treated for cancer-related pain, IRC employees were instructed to mislead insurers regarding the true diagnosis of the patient.

“Today’s convictions mark the first successful prosecution of top pharmaceutical executives for crimes related to the illicit marketing and prescribing of opioids,” said United States Attorney Andrew E. Lelling. “Just as we would street-level drug dealers, we will hold pharmaceutical executives responsible for fueling the opioid epidemic by recklessly and illegally distributing these drugs, especially while conspiring to commit racketeering along the way.  I applaud the prosecutors and investigators who fought this case to the finish and won.  This is a landmark prosecution that vindicated the public’s interest in staunching the flow of opioids into our homes and streets.”

“These executives exploited vulnerable patients and cashed in on dishonest doctors by bribing them to prescribe one of the most powerful, addictive opioid painkillers to patients who should never have received it. Motivated by sheer greed, they lied to insurance companies and are no better than street level drug dealers,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today's verdict marks an important step in holding pharmaceutical company executives responsible for their role in fueling the opioid epidemic. Rest assured, the FBI will continue to identify and bring to justice corrupt individuals and companies whose business practices promote fraud with a total disregard for patient safety.”

“Combating the opioid epidemic remains a top priority for HHS OIG. For too long executives have not been held accountable for corporate wrongdoing. These verdicts underscore our continued commitment to holding individuals and corporations accountable for their fraudulent conduct,” said Phillip Coyne, Special Agent in Charge, U.S Department of Health and Human Services, Office of the Inspector General. “No matter what the scheme or how elaborately disguised, we will follow the evidence where it takes us, including to the corporate ranks. HHS OIG and our law enforcement partners will continue to investigate and prosecute healthcare fraud to the fullest extent of the law.”

“The opioid epidemic is one of the largest public health tragedies our country has faced, and as the FDA continues to forcefully confront the opioid crisis, ensuring safe and appropriate use of these powerful medications remains a cornerstone of our efforts,” said Melinda K. Plaisier, FDA Associate Commissioner for Regulatory Affairs. “In this case, we’ve seen unacceptable behavior from the defendants who influenced health care providers to prescribe the most powerful type of opioid – an immediate release form of fentanyl – to patients who did not need it, putting them at serious risk of overdose and in some cases, death. The FDA has taken recent steps to strengthen our risk mitigation program for this specific class of products to better ensure the safe use of these products, and we will continue to work with our law enforcement partners to pursue and bring to justice those who place profits before the public health.”

“The reckless actions by these executives whose products included controlled medications increased the potential for diversion and addiction, which jeopardizes the public health and safety,” said DEA Special Agent in Charge Brian D. Boyle. “DEA pledges to work with our law enforcement and regulatory partners to ensure that rules and regulations are followed.”

“The integrity of TRICARE, the U.S. Defense Department's health care program for military members and their dependents, is a top priority for the Defense Criminal Investigative Service (DCIS),” stated Special Agent-in-Charge Leigh-Alistair Barzey, DCIS Northeast Field Office. “Today’s verdicts are the direct result of a joint effort by several agencies and is demonstrative of their commitment to investigate and prosecute individuals and companies that commit health care fraud. The DCIS will continue to work with its law enforcement partners and the U.S. Attorney's Office to protect the TRICARE program and ensure that TRICARE patients receive the excellent health care that they deserve.”

“This case shows that healthcare fraud will not be tolerated. The Employee Benefits Security Administration will work together with our law enforcement partners in these important investigations to protect participants in private sector health plans, detect and deter health care fraud, and contribute to fighting the opioid epidemic,” said Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office.

“Today’s verdict highlights our commitment to defending our mail system from illegal misuse and ensuring public trust in the mail,” said Inspector in Charge Joseph W. Cronin of the U.S. Postal Inspection Service’s Boston Division. “We are committed to investigating and bringing to justice those who contribute to the opioid abuse epidemic. We would not be successful in doing so without our fellow law enforcement partners and the U.S. Attorney’s Office.”

 “The verdict in this case sends a clear message to pharmaceutical companies that tactics like these will not be tolerated,” said Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General in the Northeast Area Field Office. “This is a win for the public in the war against opioids. The Special Agents of the U.S. Postal Service Office of Inspector General will continue to work closely with the U.S. Attorney’s Office and our law enforcement partners to bring those to justice who commit these kind of offenses.”  

“Bribing doctors and misrepresenting patient’s medical conditions in order to boost profits by overprescribing a highly addictive opioid is reprehensible criminal conduct,” said Sean J. Smith, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division. “Today’s verdict is an important step in holding those in the industry that commit crimes accountable. Targeting veterans’ dependents in the CHAMPVA program with these corrupt practices is unacceptable and we are pleased to have contributed to this outstanding multi-agency criminal investigation.”

“Every day, millions of Americans struggle with opioid addiction,” said Thomas W. South, OPM Deputy Assistant Inspector General for Investigations. “These executives put the health and wellbeing of Federal employees, annuitants, and their families at risk in order to make a profit. I would like to recognize the incredible work done by the United States Attorney’s Office, OPM OIG agents, and our law enforcement partners to hold these executives accountable. The OPM OIG remains committed in working to stop such unscrupulous behavior.”

The charge of RICO conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000, or twice the amount of pecuniary gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

The U.S. Attorney’s Office would like to acknowledge the cooperation and assistance of the U.S. Attorney’s Offices around the country engaged in parallel investigations, including the District of Connecticut, Eastern District of Michigan, Southern District of Alabama, Southern District of New York, District of Rhode Island and the District of New Hampshire. The efforts of the Central District of California and the Justice Department’s Civil Fraud Section of the Department of Justice are also greatly appreciated. 

Assistant U.S. Attorneys K. Nathaniel Yeager, Chief of Lelling’s Health Care Fraud Unit, David Lazarus, Chief of Lelling’s Asset Recovery Unit, and Fred M. Wyshak, Chief of Lelling’s Public Corruption & Special Prosecutions Unit, are prosecuting the case.

BOSTON - A Dominican national was sentenced today in federal court in Boston for Social Security fraud and aggravated identity theft.

Robert Crisologo Bobadilla Baez, a/k/a Robert Crisologo Bobadilla Moreta, 43, a Dominican national residing in Boston, was sentenced by U.S. District Court Judge George A. O’Toole to 25 months in prison and one year of supervised release. Bobadilla Baez pleaded guilty in January 2019. He was arrested in July 2018 as part of a law enforcement sweep aimed at detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes. Bobadilla Baez will be deported after he completes his sentence.

Bobadilla Baez unlawfully entered the United States in 2001, flying into New York City using a fake name and counterfeit paperwork. In December 2014, he applied for a Massachusetts ID card using the name, Social Security number, and date of birth of a U.S. citizen from Puerto Rico. His application was granted.

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 prosecuted the case.

BOSTON – Two parents charged in the college admissions case pleaded guilty today in federal court in Boston in connection with paying a total of $600,000 to facilitate their children’s admission to college.

Bruce Isackson, 62, and Davina Isackson, 55, of Hillsborough, Calif., pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. Bruce Isackson also pleaded guilty to one count of money laundering conspiracy and one count of conspiracy to defraud the IRS. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for July 31, 2019.

As set forth in the charging documents, the Isacksons agreed to pay Singer, an amount, ultimately totaling $600,000, to participate in the college entrance exam cheating scheme for their younger daughter and the college recruitment scheme for both of their daughters. The Isacksons also underpaid their federal income taxes by deducting the bribe payments as purported charitable contributions. The Isacksons are cooperating with the government’s investigation.

Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.          

The charge of 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. The charge of conspiracy to commit money laundering provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the value of the property involved in the money laundering. The charge of conspiracy to defraud the United States provides for a maximum sentence of five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based 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.

BOSTON – Two men have been charged in federal court in Boston in a superseding indictment with Social Security fraud and aggravated identity theft in connection with their roles in a fentanyl conspiracy in Revere.

John Doe, a/k/a “Cali,” of Revere, whose true identity and age are unknown, was charged with one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl; three counts of distribution of and possession with intent to distribute 40 grams or more of fentanyl; five counts of distribution of and possession with intent to distribute fentanyl; one count of false representation of a Social Security number; and one count of aggravated identity theft.

Sandy Alejandro Reynoso Cruz, 48, who resided most recently in Waterbury, Conn., and is believed to be a citizen of the Dominican Republic, was charged with one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl; one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl; one count of false representation of a Social Security number; and one count of aggravated identity theft.

Both men were arrested on Aug. 28, 2018, and initially charged by complaint, which alleged that between May and August 2018, Doe made six sales of fentanyl to a cooperating witness in Revere, where Doe lived. The complaint further alleged that Cruz was Doe’s supplier.

According to the superseding indictment, both men used stolen identities and Social Security numbers when applying for Massachusetts driver’s licenses in 2017.

For Doe, the charge of conspiracy provides for a mandatory minimum sentence of 15 years and up to life in prison, a minimum of 10 years and up to a lifetime of supervised release and a fine of up to $20 million. For each of the three counts that allege distribution of 40 grams or more of fentanyl, Doe faces a mandatory minimum sentence of 10 years and up to life in prison, a minimum of eight years and up to a lifetime of supervised release and a fine of up to $8 million.  For each of the five counts of fentanyl distribution that do not specify a quantity of fentanyl, Doe faces up to 30 years in prison, a minimum of six years and up to a lifetime of supervised release and a fine of up to $2 million.

For Cruz, the charge of conspiracy and the one count of fentanyl distribution with which he is charged both provide for a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of up to $5 million.

False representation of a Social Security number provides for a sentence of no greater than five years in prison, up to three years of supervised release and a fine of up to $250,000, or twice the gross gain or loss resulting from the offense, whichever is greater. The charge of aggravated identity theft carries a mandatory two-years in prison, which must run consecutively to any other sentence imposed, up to three years of supervised release and a fine of up to $250,000, or twice the gross gain or loss resulting from the offense, 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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. The Massachusetts Department of Correction; Norfolk Sheriff’s Office, Suffolk County Sheriff’s Office; the Reading, Watertown, Braintree, Peabody, Waltham, Woburn, and Revere Police Departments; and the Waterbury (Conn.) Police Department assisted with the investigation. Assistant U.S. Attorney Brian A. Pérez‑Daple of Lelling’s Criminal Division is prosecuting the case.

The details contained in the charging documents are allegations. The defendants remain innocent until proven guilty beyond a reasonable doubt.

BOSTON – A former attorney from Andover was convicted today by a federal jury of filing false tax returns and for conspiring with his accountant to defraud the IRS. 

Daniel P. Gibson, 62, was convicted by a federal jury on three counts of tax fraud. Gibson was indicted in October 2015.  U.S. District Judge Indira Talwani scheduled sentencing for Sept. 5, 2019. 

Gibson conspired with his accountant to prepare and file false tax returns in the tax years 2005, 2006, 2008 and 2009 that intentionally underreported approximately $3.7 million in income earned by the law firm of which Gibson was the managing partner. As a result, Gibson underreported his personal income by approximately $2.5 million and avoided taxes of more than $875,000. 

The charge of filing of the false returns provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $100,000 per count and restitution.  The charge of conspiracy to defraud the Internal Revenue Service provides for a sentence of no greater than five years in prison, three years 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 on the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and William B. Brady of Lelling’s Criminal Division are prosecuting the case. 

BOSTON – A Lawrence man was sentenced today in federal court in Boston for his role in a fentanyl distribution conspiracy in the Merrimack Valley.

Antonio Camillo, 21, was sentenced by U.S. District Court Judge Denise J. Casper to 34 months in prison and three years of supervised release. On Feb. 4, 2019, the defendant pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl and one count of distribution of and possession with intent to distribute fentanyl.

In September 2018, Camillo sold nearly 40 grams of fentanyl to an undercover police officer during a months-long federal investigation. Camillo was part of a drug organization that was distributing large quantities of fentanyl throughout the Merrimack Valley. In October 2018, Camillo was charged and arrested along with dozens more during a federal sweep targeting impact players and repeat offenders in and around the City of Lawrence.

United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.

BOSTON – An East Bridgewater man pleaded guilty today in federal court in Boston in connection with fentanyl trafficking. 

Joshua Siereveld, 38, pleaded guilty to conspiracy to distribute and possess with the intent to distribute 400 grams or more of fentanyl, and possession with intent to distribute 40 grams or more of fentanyl. U.S. Senior District Court Judge Geoerge A. O’Toole Jr. scheduled sentencing for Sept. 16, 2019. Siereveld has been in custody since his arrest in March 2018.

From December 2017 through January 2018, investigators intercepted hundreds of communications between Siereveld and his source of supply in Lawrence. Over the course of two months, Siereveld purchased over a kilogram and a half of fentanyl, assisted by co-defendant Justin Brunick, 29, of Rockland, who served as a courier for several transactions. After a fentanyl pickup on March 14, 2018, investigators stopped Siereveld, seized approximately 130 grams of fentanyl, and arrested him. 

Brunick pleaded guilty to his role in the fentanyl conspiracy on April 19, 2019; his sentencing is scheduled for July 17, 2019.

The charge of conspiracy for over 400 grams of fentanyl provides for a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. The charge of possession with intent to distribute and distribution of 40 grams or more of fentanyl provides for a sentence of 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 $8 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; East Bridgewater Police Chief Scott Allen; and Pembroke Police Chief Richard D. Wall made the announcement today. Assistant U.S. Attorney Lauren A. Graber of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case. 

BOSTON – A Dominican national pleaded guilty today in federal court in Springfield in connection with his role in a large-scale drug conspiracy that trafficked dozens of kilos of heroin and fentanyl into Springfield from Bronx, N.Y., and the Dominican Republic.

Jose Miguel Ramos, 39, pleaded guilty to one count of conspiring to distribute and possession with intent to distribute more than one kilogram of heroin. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Aug. 1, 2019.

Ramos lived in a heroin mill in Springfield where he and others packaged kilograms of heroin for retail distribution for a drug trafficking organization (DTO) based in Springfield, which was allegedly run by Alberto Marte. The investigation revealed that in approximately April of 2016, Marte paid approximately $20,000 to smuggle Ramos into the country so that Ramos could work for Marte’s DTO in Springfield. When law enforcement executed federal search warrants related to the investigation in September 2016, they recovered approximately $140,000 in cash and over six kilograms of heroin. 

The charge of conspiracy to distribute more than one kilogram of heroin provides for a mandatory minimum sentence of 10 years in prison, a minimum of five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County District Attorney Anthony D. Gulluni; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Acting Springfield Police Commissioner Cheryl Clapprood; Chicopee Police Chief William Jebb; Holyoke Police Chief Manny Febo; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office is prosecuting the case. 

The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A former corrections officer at the Massachusetts Correctional Institute facility in Norfolk (MCI-Norfolk) pleaded guilty today in federal court in Boston in connection with a conspiracy to smuggle Suboxone strips into the facility for an inmate.

Steven J. Frazer, 29, of Cumberland, R.I., pleaded guilty to an Information charging him with one count of conspiracy to possess a controlled substance with intent to distribute. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for Sept. 16, 2019. In November 2018, Frazer was charged by criminal complaint and arrested.

Beginning around Nov. 14, 2018, Frazer, who was working as a corrections officer, arranged with a cooperating witness to smuggle Suboxone strips into MCI-Norfolk to sell to inmates. Suboxone is a Class III controlled substance used to treat heroin addiction, but some people abuse it to get high. It is coveted as contraband in prisons across the nation and particularly in New England.

Around midnight on Sunday, Nov. 18, 2018, the cooperating witness met Frazer in a South Attleboro parking lot and provided him with 40 Suboxone strips, 24 pages of K2 (a synthetic cannabinoid, which is more powerful and more dangerous than marijuana), and $2,500 in cash. After the meeting – which was audio and video recorded by law enforcement – federal agents arrested Frazer.

The charge of conspiracy to possess a controlled substance with intent to distribute provides for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $500,000 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 Commissioner Carol A. Mici III of the Massachusetts Department of Correction made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.

BOSTON – A Colombian national was sentenced today in federal court in Boston for illegally reentering the United States after deportation

Hector Mejia Mejia, a/k/a Hector Giraldo Mejia, 33, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to two years in prison and three years of supervised release. His sentence is to be served consecutive to a state sentence he is currently serving for cocaine trafficking. In February 2019, Mejia Mejia pleaded guilty to one count of illegal reentry of a deported alien.

Mejia Mejia has been deported from the United States on four prior occasions between 2008 and 2011, and has two prior federal convictions for illegal reentry: in 2009 out of the District of New Mexico, and one in 2010 out of the Southern District of Texas. Sometime after his last deportation, Mejia Mejia illegally reentered the United States.

United States Attorney Andrew E. Lelling and Todd Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – Two men have been sentenced in federal court in Boston for their roles in a cocaine conspiracy operating in and around the Taunton and Worcester areas.

Angel Oyola, 36, of Caguas, Puerto Rico, was sentenced yesterday by U.S. Senior District Court Judge Douglas P. Woodlock to two years in prison and three years of supervised release. In January 2019, Oyola pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine.

Luis Elias, 44, of Worcester, was sentenced today by Judge Woodlock to 78 months in prison and four years of supervised release. In January 2019, Elias pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 500 grams or more of cocaine and one count of conspiracy to launder monetary instruments.

Oyola, Elias, and eight co-defendants, were charged in May 2018 for their roles in a large scale cocaine conspiracy operating in and around the Taunton and Worcester areas. The charges were a culmination of a nine-month investigation aimed at attacking the increased volume of cocaine flooding southern and central Massachusetts. The defendants allegedly controlled and managed a lucrative and sophisticated drug trafficking and distribution ring in the region. 

In November 2017, Oyola brokered and coordinated a transaction for nine kilograms of cocaine, which were shipped from Puerto Rico to Massachusetts.  Elias received multiple kilograms of cocaine when they were shipped from Puerto Rico to Worcester and also shipped and carried drug proceeds back down to Puerto Rico. In January 2018, Elias was stopped at the San Juan International Airport with $41,700 in U.S. currency in his luggage.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Bristol County District Attorney Thomas Quinn; and Fairhaven Police Chief Michael Myers made the announcement today. Assistant U.S. Attorney Lauren Graber of Lelling’s Narcotics and Money Laundering Unit is prosecuting the cases.

The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

BOSTON – A Springfield man was arrested today and charged in federal court with distributing cocaine.

Samuel Diaz, a/k/a “Sammy,” 36, was indicted on one count of distribution and possession with intent to distribute cocaine.

The indictment alleges that, on March 24, 2015, Diaz distributed and possessed with intent to distribute cocaine.

The charge of distributing and possessing with intent to distribute cocaine provides a sentence of no greater than 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Branch Office is prosecuting the case.

The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Mississippi man pleaded guilty on Friday, April 26, 2019, in federal court in Boston to sexually assaulting a minor during a cruise from Boston to Bermuda.

Adam Christopher Boyd, 32, of Bay Springs, Miss., pleaded guilty to one count of sexual abuse of a minor. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Aug. 1, 2019. Boyd appeared in federal court in August 2017 and was subsequently released on conditions. However, after violating his conditions of release in November 2018, he was ordered detained and has been in custody since.

In August 2017, Boyd was a passenger on a seven-day cruise from Boston to Bermuda. While the ship was docked in Bermuda, Boyd allegedly raped a minor passenger while the two were onboard the ship. The child subsequently reported the rape to ship security, who notified Bermudian authorities. In the course of the Bermuda Police Service’s initial investigation, they arrested Boyd and notified authorities in the United States.  

Sexual abuse of a minor carries a sentence of no greater than 15 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement. Valuable assistance was also provided by U.S. Customs and Border Protection, the Bermuda Police Service, Massachusetts Port Authority and FBI Legat Bridgetown, Barbados, Sub Office Nassau. 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/.

BOSTON – A Dominican national was convicted yesterday by a federal jury in Boston of laundering close to $1 million in fraudulently-obtained IRS refund checks using 11 different bank accounts at five different banks.

Francisco Oscar “Frank” Grullon, 52, was convicted following a six-day jury trial of one count of conspiracy, 15 counts of theft or conversion of United States property, and one count of conspiracy to commit money laundering. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for July 24, 2019. Grullon was arrested in the Dominican Republic and extradited to the United States in 2018. 

Grullon conspired with an attorney R. David Cohen, who, in 2016, was convicted for his role in the scheme, to deposit and launder over 100 fraudulently-obtained tax refund checks. The checks were based on fraudulent tax returns with false W-2 information, usually using the name and Social Security number of a resident of Puerto Rico, where residents are not required to file federal income tax returns. Once the fraudulent returns were accepted by the IRS, refund checks were sent to addresses in Lawrence, East Boston and New York. 

From October 2011 until November 2013, Grullon and his co-conspirators obtained and negotiated close to $1 million in fraudulent checks into bank accounts in the name of a front company, AD Professional Association Inc., and in co-conspirator R. David Cohen’s attorney client trust accounts. When questioned by bank officials about the suspicious quantity of U.S. Treasury checks, Grullon falsely claimed that he was depositing them as a favor for friends and that he had a check-cashing license. Later, after their bank accounts were closed by several banks, Grullon and Cohen recruited a third co-conspirator and directed him to open accounts for AD Professional Association Inc., deposit more than $500,000 in treasury checks, and make hundreds of thousands of dollars in cash withdrawals. 

The charge of conspiracy provides a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000 or twice the loss or gain from the offense. The charge of theft or conversion of U.S. property provides a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the loss or gain from the offense. The charge of money laundering provides a sentence of no greater than 20 years in prison, five years of supervised release, a fine of $500,000 or twice the value of the property involved in the transaction. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case was also investigated by the Department of Homeland Security and U.S. Secret Service. Assistant U.S. Attorneys S. Theodore Merritt and Elysa Q. Wan of Lelling’s Criminal Division are prosecuting the case.

BOSTON – A Holyoke man pleaded guilty today in federal court in Springfield to illegally possessing an AM-15 rifle and ammunition.

Akeem Castro, 26, pleaded guilty to one count of possession of a firearm and ammunition by a convicted felon. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Aug. 8, 2019. Castro was arrested and charged in January 2018 and has been in custody since.

On March 7, 2017, Castro possessed an Anderson Manufacturing AM-15 assault-style rifle and 34 rounds of ammunition. Castro is prohibited from owning a firearm due to a prior felony conviction. Castro admitted that, on that date, he sold the firearm for $1,800 to a government witness in a parking lot in Chicopee.  

The charge provides for sentence of no greater than 10 years in prison, a maximum of three years of supervised release and a maximum fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Acting Springfield Police Commissioner Cheryl Clapprood; and Holyoke Police Chief Manny Febo made the announcement.  Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – A California man was sentenced yesterday in federal court in Boston for distributing methamphetamine from California to Massachusetts. 

Christopher Halfond, 37, was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to 140 months in federal prison and five years of supervised release.  In April 2018, Halfond pleaded guilty to conspiracy to distribute methamphetamine and distribution of methamphetamine. 

After a two-year investigation, Halfond and 10 others from Massachusetts and California were indicted in 2016 on methamphetamine distribution and money laundering charges. Beginning in at least 2013, the defendants participated in a conspiracy to transport sizeable quantities of methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the drug sales were then transported and/or transferred back to California and laundered in various ways.  

Halfond, who was previously from Massachusetts, agreed to send packages containing methamphetamine from California back to Massachusetts. In January 2016, agents learned that Halfond had sent a methamphetamine package to Massachusetts. After the package was delivered, agents executed a search warrant and seized the package, which contained approximately 434 grams of 95% pure methamphetamine. 

Halfond is the first of the defendants to be sentenced. The remaining defendants have each pleaded guilty to various charges and are awaiting sentencing.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and Jared C. Dolan of Lelling’s Narcotics & Money Laundering Unit are prosecuting the cases.

BOSTON – A Lowell man was sentenced and a Lawrence woman pleaded guilty on Friday, April 26, 2019, in federal court in Boston for their roles in separate fentanyl conspiracies operating in the Merrimack Valley. 

Edilberto Calle-Alvarez, 24, a Colombian national with legal permanent residence residing in Lowell, was sentenced by U.S. District Court Judge Leo T. Sorokin to time served (approximately six months), six months of home confinement, and three years of supervised release. In January 2019, Calle-Alvarez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and one count of distribution of and possession with intent to distribute fentanyl.

Sabrina Aixa Ramos, 28, of Lawrence, pleaded guilty before U.S. District Court Judge Indira Talwani to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, one count of possession with intent to distribute and distribution of fentanyl and two counts of possession with intent to distribute and distribution of fentanyl and heroin – aiding and abetting. Sentencing has been deferred, as Ramos has been admitted to the Court sponsored RISE program.

In October 2018, Calle-Alvarez and Ramos were charged along with dozens more during a federal sweep targeting impact players and repeat offenders in and around the City of Lawrence, all of whom have prior convictions for acts of violence, firearm offenses and/or drug trafficking, and those with criminal records who are in the United States illegally.

On Aug. 2, 2018, Calle-Alvarez sold 20 grams of fentanyl to an undercover police officer during a months-long federal investigation. Calle-Alvarez was part of a drug organization that was distributing large quantities of fentanyl throughout the Merrimack Valley.

Ramos conspired with co-defendant Sergio Manuel Lara-Suarez and others to distribute fentanyl by coordinating and facilitating the sale of powder fentanyl and fentanyl pressed into pills shaped to look like Oxycodone to an undercover agent. On several occasions, Ramos either directly sold fentanyl pills to an undercover agent or arranged for meetings between an undercover agent and Lara-Suarez to purchase significant quantities of fentanyl. Lara-Suarez pleaded guilty and is scheduled to be sentenced in May 2019.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; United States Marshal John Gibbons of the District of Massachusetts; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Essex County District Attorney Jonathan Blodgett made the announcement today. Assistant U.S. Attorneys Craig Estes and Philip Cheng are prosecuting the cases.

These cases are 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.

BOSTON - A former United States Postal Service manager pleaded guilty today in federal court in Springfield to charges of bribery, witness tampering and false statements to federal officials.

Kenneth LaFlamme, 54, of Fort Myers, Fla., pleaded guilty to an Information charging him with one count each of bribery, witness tampering, and false statements to federal officials. U.S. District Judge Mark G. Mastroianni scheduled LaFlamme’s sentencing for Sept. 5, 2019. 

“If committing the underlying offense of bribery wasn’t bad enough, the defendant’s attempt to interfere with a witness in order to influence grand jury testimony in his favor is particularly egregious,” said U.S. Attorney Andrew Lelling. “We will prosecute people who intentionally interfere with the criminal justice system.”

“We are gratified to have contributed to this investigation and applaud the exceptional work by the U.S. Attorney’s Office,” said Special Agent in Charge Scott Pierce of the U.S. Postal Service Office of Inspector General. “Along with our law enforcement partners, the Postal Service OIG will continue to aggressively investigate those who would engage in fraudulent activities against the Postal Service.”

“Today, Mr. LaFlamme finally accepted responsibility for taking thousands of dollars in bribes from two towing contractors, in exchange for sending business their way,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Not only did he embrace the practice of ‘pay to play,’ but he also lied about it. Anyone who takes advantage of their position for personal gain, and in furtherance of criminal misconduct, will be held accountable.”

Between 2015 and 2018, LaFlamme served as the Manager of the USPS’ Vehicle Maintenance Facility in Springfield. In this capacity, for approximately two years, LaFlamme solicited and received weekly bribes from two towing contractors in exchange for directing valuable business to their companies. After federal investigators served subpoenas on the contractors in April 2018, LaFlamme attempted to influence the grand jury testimony of one of the contractors. When federal investigators later interviewed LaFlamme, he lied about his bribery and witness tampering.

The bribery charge provides for a sentence of no greater than 15 years in prison, the charge of witness tampering provides for a sentence of no greater than 20 years in prison and the charge of making false statements provides for a sentence of no greater than five years in prison. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Scott Pierce, Special Agent in Charge of the U.S. Postal Service Office of Inspector General, Contract Fraud Investigations Division; 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 Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – Two Massachusetts men were sentenced in federal court in Worcester in connection with operating separate illegal sports gambling businesses.

Keith Bianchini, 40, of Holden, was sentenced today by U.S. District Court Judge Timothy S. Hillman to two years of probation, with the first six months to be served on house arrest, and ordered to pay a $10,000 fine and $56,000 in forfeiture. In January 2019, Bianchini pleaded guilty to one count of operating an illegal gambling business. 

According to court documents, Bianchini’s bookmaking operation used an offshore website to place and track wagers on National Football League games and other sporting events.  During the time that Bianchini managed the gambling business, he oversaw various agents who recruited bettors and met face-to-face with bettors to collect cash payments associated with losing bets. While operating the bookmaking business, Bianchini was a correctional officer with the Massachusetts Department of Correction.

On Monday, April 22, Anthony Seariac, 38, of Framingham, was sentenced to two years of probation, to include six months of home confinement, and ordered to pay a $10,000 fine and $92,000 in forfeiture. In January 2019, Seariac pleaded guilty to one count of operating an illegal gambling business.

According to court documents, Seariac operated an illegal sports gambling business that utilized an offshore website to place and track wagers on National Football League games, National Basketball Association games, National College Athletic Association football and basketball games, and other sporting events. Seariac managed and oversaw more than 10 agents who recruited bettors and met face-to-face with bettors to collect cash payments associated with losing bets. Seariac failed to pay federal or state taxes on his gambling income.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division prosecuted the cases.

BOSTON - A Springfield man was charged yesterday in federal court in Worcester with threatening to murder a federal law enforcement officer. 

Carlos Maldonado, 30, was charged with threatening to murder a federal law enforcement officer in retaliation for the federal officer’s performance of his official duties. 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.

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON - A Somerville man was sentenced today in federal court in Boston for assaulting two federal officers.

Jessi Tombari, 34, was sentenced by U.S. District Court Judge Douglas P. Woodlock to time served, one year of supervised release, and 150 hours of community service. In November 2018, Tombari pleaded guilty to an Information charging him with assaulting two federal officers.

On the afternoon of April 23, 2018, Tombari approached a uniformed member of the Federal Protective Service, who was on routine patrol outside of the Moakley Federal Courthouse in Boston. Tombari asked the officer if he had a weapon, and then attempted to take the weapon from the officer. An altercation ensued, and a Deputy United States Marshal, who was also on routine patrol, interceded and eventually the two officers were able to place Tombari into custody.

United States Attorney Andrew E. Lelling; Timothy Bane, Regional Director, Department of Homeland Security, Federal Protective Service; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement. Assistant U.S. Attorney Kenneth G. Shine prosecuted the case.  

BOSTON – A New York man was arrested today and charged in federal court in Boston for assaulting a woman aboard a cruise ship.

Adam Damian Panetta, 45, of Farmingville, N.Y., was charged with one count of assault and one count of assault resulting in substantial bodily injury. He will appear in federal court in Boston today at 5:00 p.m.

According to the charging document, on April 25, 2019, while aboard the Norwegian Cruise Line’s Gem, Panetta was observed on surveillance video pulling a woman by her hair down the full length of a hallway. The two were then observed outside of one of the cabins. While Panetta attempted to open the cabin door, the woman was striking Panetta in the face with an open hand. Panetta then allegedly turned toward the woman and punched her twice in the side of her head with a closed fist. The woman fell to the ground and appeared to be unconscious. Panetta entered the cabin and left the woman on the floor in the hallway.

After about one minute, Panetta came out of the cabin and leaned down to the woman, who was unresponsive. Eventually, the woman began to crawl into the room. Panetta did not appear to assist her, and as she began to crawl, Panetta kicked her twice in the buttocks. He then followed her into the room.

The two left the room a short while later and the woman was holding a white towel over her head, which appeared to be stained with blood. The two arrived at the ship’s medical center where the woman was treated for her injuries, which included approximately 8cm of swelling on the right side of her head as well as a 2.5 cm laceration that required five stiches.

At the time of the alleged assault, the ship was approximately 200 miles off the coast of New Jersey. Panetta was taken into custody when the ship arrived into the port of Boston today.

The charge of assault carries a sentence of no greater than one year in prison, one year of supervised release and a fine of up to $100,000. The charge of assault resulting in substantial bodily injury provides a sentence of no greater than five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.

The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

BOSTON – A retail food market in Malden – warned on four occasions since January 2017 by federal investigators about food safety violations – has entered into a consent decree with the government pursuant to which it shall not violate food safety laws, and faces strict penalties if violations are found in the future. 

Kim Long Market, LLC, its owner and manager Chien Hong Pham, and its manager Thomas Pham, have entered into a consent decree that permanently enjoins them from violating the Federal Meat Inspection Act (FMIA). The government filed its complaint after a series of U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) inspection activities of Kim Long Market showed that the defendants had purchased, offered for sale, and sold meat food products that were not inspected by the FSIS, and were misbranded. In addition, the defendants failed to maintain appropriate business records concerning the purchase and sale of these products.    

The proposed consent decree was filed with the court and is awaiting judicial approval.  Under the consent decree, USDA investigators will continue to have broad access to the premises of Kim Long Market to inspect and examine the facility, its inventory and records.  The defendants will also face significant financial penalties for any further violations of the FMIA.

“Consumers should be able to trust that their food is produced and sold under safe and sanitary conditions,” said United States Attorney Andrew E. Lelling. “This consent decree establishes procedures to prevent this business, and its owners, from further jeopardizing the health of customers.” 

“FSIS investigators are on the job protecting public health every day,” said Carmen Rottenberg, FSIS Administrator. “Our work is critical to protect American families and the food supply, and we will not tolerate blatant disregard for food safety laws.”

U.S. Attorney Lelling and FSIS Administrator Rottenberg made the announcement today. Assistant U.S. Attorney Anita Johnson of Lelling’s Civil Division handled the case.

BOSTON – An alleged member of the transnational criminal gang La Mara Salvatrucha, or MS-13, was indicted on Wednesday, April 24, 2019, on racketeering conspiracy.

Edwin Amaya Mejia Alvarado, 18, a Salvadoran national who had been residing in East Boston, was indicted on one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, commonly referred to as racketeering or RICO conspiracy. Amaya Mejia was detained following an initial appearance in federal court in Boston. 

As alleged in the indictment, MS-13 is a violent street gang with members in Massachusetts and across the United States. Among other things, gang members attempt and use violence to enhance the gang’s prestige and expand their criminal operations. MS-13 members have engaged in acts of violence in Massachusetts including murder, attempted murder, robbery, and assault, as well as other criminal activity, including narcotics trafficking, firearms possession, witness tampering, and witness retaliation. It is alleged that Amaya Mejia is a member of the Huntington Locos Salvatrucha clique of MS-13. 

The charge of RICO conspiracy 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. The defendant also faces deportation proceedings upon completion of any sentence imposed. Sentences are imposed by a federal District Court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Suffolk County District Attorney Rachael Rollins; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Lynn Police Chief Michael Mageary; and Revere Police Chief James Guido made the announcement today.

The details contained in the indictment are allegations and the defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Holland man was sentenced today in federal court in Worcester in connection with a marijuana manufacturing operation.

Peter Molle Jr., 36, was sentenced by U.S. District Court Judge Timothy S. Hillman to nine months in prison and two years of supervised release. In January 2019, Molle pleaded guilty to two counts of manufacturing marijuana and possessing marijuana with intent to distribute and one count of money laundering. Molle was arrested in December 2017 and released on conditions. 

In February 2017, a search warrant was executed at Molle’s residence in Holland where a commercial-style marijuana grow operation with more than 100 marijuana plants were discovered. Even after the execution of the search warrant, Molle continued to engage in substantial black-market marijuana cultivation. In December 2017, agents executed another search warrant at Molle’s house and again located a significant commercial-style marijuana grow operation. The investigation also found that Molle used cash derived from the sale of marijuana to pay for expenses relating to his marijuana business, including to pay down the balance on a credit card that he used to purchase marijuana-related cultivation supplies.

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Office, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division prosecuted the case.

BOSTON - A Ghanaian national was sentenced today in federal court in Worcester for illegal possession of identification documents and aggravated identity theft.

Yaw Okyere, a/k/a Stephen Okyere Buda, 38, a citizen of Ghana residing in Worcester, was sentenced by U.S. District Court Judge Timothy S. Hillman to two years in prison. Upon completion of his sentence, Okyere will be subject to deportation proceedings. In January 2018, Okyere pleaded guilty to possession of five or more false identification documents and aggravated identity theft. Okyere was arrested and charged by criminal complaint in March 2018.

On March 7, 2018, federal agents executed a search warrant at Okyere’s apartment in Worcester, where they seized computers and a printer. An initial forensic review of one of the computers revealed files containing more than 180 Massachusetts driver’s licenses with various names and photographs.

During the execution of the search warrant, agents interviewed Okyere, who stated that he was a citizen of Ghana, had arrived in the United States a few years earlier on a visa, that he had overstayed his visa, and was unsure of his immigration status.

United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; and Worcester Police Chief Steven M. Sargent made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – The U.S. Attorney’s Office announced today that two pharmaceutical companies – Astellas Pharma US, Inc. (Astellas), and Amgen Inc. (Amgen) – have agreed to pay a total of $124.75 million to resolve allegations that they violated the False Claims Act by illegally paying the Medicare co-pays for their own high-priced drugs. 

When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B or Part D, the beneficiary may be required to make a partial payment, which may take the form of a co-payment, co-insurance, or deductible (collectively, co-pays). Congress included co-pay requirements in these programs, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits pharmaceutical companies from offering or paying, directly or indirectly, any remuneration – which includes money or any other thing of value – to induce Medicare patients to purchase the companies’ drugs.   

“According to the allegations in today’s settlements, Astellas and Amgen conspired with two co-pay foundations to create funds that functioned almost exclusively to benefit patients taking Astellas and Amgen drugs,” said United States Attorney Andrew E. Lelling. “As a result, the companies’ payments to the foundations were not ‘donations,’ but rather were kickbacks that undermined the structure of the Medicare program and illegally subsidized the high costs of the companies’ drugs at the expense of American taxpayers. We will keep pursuing these cases until pharmaceutical companies stop engaging in this kind of behavior.”

 “When pharmaceutical companies use foundations to create funds that are used improperly to subsidize the copays of only their own drugs, it violates the law and undercuts a key safeguard against rising drug costs,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “These enforcement actions make clear that the government will hold accountable drug companies that directly or indirectly pay illegal kickbacks.”  

“Kickback schemes can undermine our healthcare system, compromise medical decisions, and waste taxpayer dollars,” said Phillip Coyne, Special Agent in Charge, Office of the Inspector General of the Department of Health and Human Service’s Boston Regional Office.  “We will continue to hold pharmaceutical companies accountable for subverting the charitable donation process in order to circumvent safeguards designed to protect the integrity of the Medicare program.”

“As today’s settlements make clear, the FBI will aggressively go after pharmaceutical companies that look to bolster their drug prices by paying illegal kickbacks--whether directly or indirectly--to undermine taxpayer funded healthcare programs, including Medicare,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.

The government’s allegations in the two settlements announced today are as follows:

Astellas. Astellas sells Xtandi, an androgen receptor inhibitor (ARI) drug used to treat metastatic castration resistant prostate cancer (mCRPC) in patients who have failed chemotherapy. While there are other mCRPC drugs, none of the other major mCRPC drugs is an ARI. The government alleges that, during the period from July 2013 through December 2014, Astellas arranged for two foundations to operate ARI funds that covered mCRPC patients’ co-pays for ARIs, but not for other mCRPC drugs, and that Xtandi patients received nearly all of the assistance from these two funds. The government further alleges that, during the time that the ARI funds were open, Astellas promoted the existence of the ARI funds as an advantage for Xtandi over competing mCRPC drugs in an effort to persuade medical providers to prescribe Xtandi. During this period, Astellas raised the price of Xtandi at over 24 times the rate of overall inflation in the United States. Astellas has agreed to pay $100 million to resolve the government’s allegations.

Amgen. Amgen sells Sensipar, a treatment for secondary hyperparathyroidism (SHPT), and Kyprolis, a treatment of multiple myeloma. The government alleges that, in late 2011, Amgen stopped donating to a foundation that covered co-pays for patients taking any of several SHPT drugs and approached a new foundation about creating a fund that would cover only Sensipar patients’ Medicare co-pays. Amgen thereafter paid millions of dollars to this fund. Until June 2014, the fund helped only Sensipar patients, as Amgen had requested. Amgen allegedly covered the co-pays of Sensipar patients through this fund even though the cost of doing so exceeded the cost Amgen would have incurred by providing free Sensipar to the same patients. By enabling the fund to cover the copays of Medicare beneficiaries, Amgen caused claims to be submitted to Medicare and generated revenue for itself. During the period the fund covered only Sensipar, Amgen raised the price of Sensipar at over four times the rate of overall inflation in the United States.

The government further alleges that Amgen’s predecessor, Onyx Pharmaceuticals Inc. (Onyx), asked a different foundation to create a fund that, ostensibly, would cover health care related travel expenses for patients taking any multiple myeloma drug, but that, as Onyx and the foundation both knew, functioned almost exclusively to cover travel expenses for patients taking Kyprolis. The foundation also operated a second fund that covered co-pays for several multiple myeloma drugs, including Kyprolis. The government alleges that, for 2013, Onyx obtained data from the foundation on the multiple myeloma fund’s anticipated and actual expenses for coverage only of Kyprolis co-pays. Onyx then donated to the fund in an amount Onyx understood to be sufficient only to cover the co-pays of Kyprolis patients. Amgen has agreed to pay $24.75 million to resolve the government’s allegations.

Amgen and Astellas each entered five-year corporate integrity agreements (CIAs) with OIG as part of their respective settlements. The CIAs require the companies to implement measures, controls, and monitoring designed to promote independence from any patient assistance programs to which they donate. In addition, the companies agreed to implement risk assessment programs and to obtain compliance-related certifications from company executives and Board members.

To date, the Department of Justice has collected over $840 million from eight pharmaceutical companies (United Therapeutics, Pfizer, Actelion, Jazz, Lundbeck, Alexion, Astellas, and Amgen) that allegedly used third-party foundations as kickback vehicles. The U.S. Attorney’s Office for the District of Massachusetts initiated each of these investigations.

U.S. Attorney Lelling, Assistant Attorney General Hunt, HHS-OIG SAC Coyne, and FBI SAC Bonavolonta made the announcement today. The U.S. Postal Inspection Service also assisted with the investigation. The matter was handled by Assistant U.S. Attorneys Gregg Shapiro and Abraham George, of Lelling’s Affirmative Civil Enforcement Unit, and by Trial Attorneys Augustine Ripa and Sarah Arni of the Justice Department’s Civil Division.

The Department of Justice announced today that two more pharmaceutical companies – Astellas Pharma US Inc. (Astellas) and Amgen Inc. (Amgen) – have agreed to pay a total of $124.75 million to resolve allegations that they each violated the False Claims Act by illegally paying the Medicare copays for their own products, through purportedly independent foundations that the companies used as mere conduits.

When a Medicare beneficiary obtains a prescription drug covered by Medicare, the beneficiary may be required to make a partial payment, which may take the form of a copayment, coinsurance, or a deductible (collectively “copays”). Congress included copay requirements in the Medicare program, in part, to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits a pharmaceutical company from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce Medicare patients to purchase the company’s drugs.  This prohibition extends to the payment of patients’ copay obligations. 

“When pharmaceutical companies use foundations to create funds that are used improperly to subsidize the copays of only their own drugs, it violates the law and undercuts a key safeguard against rising drug costs,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “These enforcement actions make clear that the government will hold accountable drug companies that directly or indirectly pay illegal kickbacks.”  

“According to the allegations in today’s settlements, Astellas and Amgen conspired with two copay foundations to create funds that functioned almost exclusively to benefit patients taking Astellas and Amgen drugs,” said United States Attorney Andrew E. Lelling. “As a result, the companies’ payments to the foundations were not ‘donations,’ but rather were kickbacks that undermined the structure of the Medicare program and illegally subsidized the high costs of the companies’ drugs at the expense of American taxpayers. We will keep pursuing these cases until pharmaceutical companies stop engaging in this kind of behavior.”

“Kickback schemes can undermine our healthcare system, compromise medical decisions, and waste taxpayer dollars,” said Phillip Coyne, Special Agent in Charge, Office of the Inspector General of the Department of Health and Human Service’s Boston Regional Office. “We will continue to hold pharmaceutical companies accountable for subverting the charitable donation process in order to circumvent safeguards designed to protect the integrity of the Medicare program.” 

“As today's settlements make clear, the FBI  will aggressively go after pharmaceutical companies that look to bolster their drug prices by paying illegal kickbacks — whether directly or indirectly — to undermine taxpayer funded healthcare programs, including Medicare,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.

Amgen and Astellas each entered five-year corporate integrity agreements (CIAs) with OIG as part of their respective settlements. The CIAs require the companies to implement measures, controls, and monitoring designed to promote independence from any patient assistance programs to which they donate. In addition, the companies agreed to implement risk assessment programs and to obtain compliance-related certifications from company executives and Board members.

The government’s allegations in the two settlements being announced today are as follows:

Astellas:  Astellas sells Xtandi, an androgen receptor inhibitor (ARI) used to treat certain prostate cancer; none of the other major drugs to treat the condition is an ARI. The government alleged that, in May 2013, Astellas asked two foundations about the creation of copay assistance funds to cover the copays for Medicare patients taking ARIs, but not for other types of prostate cancer drugs. In July 2013, both foundations opened ARI-only copay funds; Astellas was the sole donor to both funds. The government alleged that Astellas knew that Xtandi would likely account for the vast majority of utilization from each fund, and, in fact, Medicare patients taking Xtandi received nearly all of the copay assistance from the two ARI funds. The government further alleged that, during the time that the ARI funds were open, Astellas promoted the existence of the ARI funds as an advantage for Xtandi over competing drugs in an effort to persuade medical providers to prescribe Xtandi. Astellas has agreed to pay $100 million to resolve the government’s allegations.

Amgen:  Amgen sells the secondary hyperparathyroidism drug Sensipar and the multiple myeloma drug Kyprolis. Amgen acquired Kyprolis as part of its acquisition of Onyx Pharmaceuticals Inc. in 2013. With respect to Sensipar, the government alleged that, in late 2011, Amgen stopped donating to a foundation that provided financial support to patients taking any of several secondary hyperparathyroidism drugs and approached a new foundation about creating a “Secondary Hyperparathyroidism” fund that would support only Sensipar patients. Amgen allegedly worked with the new foundation to determine the fund’s coverage parameters and, in November 2011, the foundation launched a “Secondary Hyperparathyroidism” fund with Amgen as its sole donor. Until June 2014, the fund covered only Sensipar. Amgen allegedly made payments to the fund even though the cost of these payments exceeded the cost to Amgen of providing free Sensipar to financially needy patients. However, by enabling the fund to cover the copays of Medicare beneficiaries, Amgen caused claims to be submitted to Medicare and generated revenue for itself. 

With respect to Kyprolis, the government also alleged that Amgen’s predecessor, Onyx, asked a foundation to create a fund that ostensibly would cover health care related travel expenses for patients taking any multiple myeloma drug, but which was actually used almost exclusively to cover travel expenses for patients taking Kyprolis, which must be infused at certain health care facilities. The government alleged that Onyx was the sole donor to this travel fund and that Amgen, after integrating Onyx into its operations in 2015, continued to donate to the fund. The foundation also operated a second fund that covered copays for multiple myeloma drugs, including Kyprolis. While this latter fund had multiple donors, the government alleged that, for 2013, Onyx received data from the foundation on the fund’s anticipated and actual expenses for coverage of Kyprolis copays, which it used to tailor its donations to the fund to just the amount needed to cover the copays of Kyprolis patients. Amgen has agreed to pay $24.75 million to resolve the government’s allegations.

The government’s resolution of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

These investigations were conducted by the Department of Justice’s Civil Division and the U.S. Attorney’s Office for the District of Massachusetts, in conjunction with the Department of Health and Human Services, Office of Inspector General; and the FBI. The U.S. Postal Inspection Service also assisted with the investigation.    

The claims resolved by the settlement are allegations only; there has been no determination of liability. 

BOSTON – A former New Jersey firefighter was sentenced yesterday in federal court in Worcester in connection with a heroin conspiracy.

Carlos Jimenez, 52, of Englishtown, N.J., was sentenced by U.S. District Court Judge Timothy S. Hillman to five years in prison and four years of supervised release. In December 2018, Jimenez and co-conspirator Ivan Cruz-Rivera, 50, of Dorado, P.R., were each convicted after a 12-day trial of one count of possession with intent to distribute heroin and distribution of more than 100 grams of heroin, and one count of conspiracy to possess with intent to distribute heroin and to distribute heroin. Cruz-Rivera was found responsible for more than 100 grams of heroin with regards to the conspiracy charge. He was sentenced on April 22, 2019, to 76 months in prison and four years of supervised release.

On Oct. 4, 2013, federal agents were surveilling garages on Union Street in Leominster where they believed drugs were being sold. The agents observed two men in a Lexus with New Jersey plates entering the property and leaving over 90 minutes later. After the Lexus left, an individual at the garage sold heroin to a cooperating source for $7,500. 

A law enforcement officer subsequently followed the Lexus and stopped the vehicle in Sturbridge after the driver committed a traffic violation. The trooper observed that the driver and passenger were visibly nervous – the driver’s hands were trembling and the passenger was avoiding eye contact and fidgeting. The driver provided the trooper with a New Jersey license and conspicuously displayed his firefighter badge, which identified him as Carlos Jimenez, and the passenger, Cruz-Rivera, presented a Puerto Rican identification card. When questioned about the purpose of the trip to Massachusetts, Jimenez gave conflicting answers and said that they had just come from Lawrence. Jimenez denied having weapons or drugs in the car, but indicated that his passenger had some cash in the car. When Cruz-Rivera was questioned about transporting large sums of cash in the car, he gave evasive answers before finally stating that there was $1,000 in the car. After Jimenez consented to a vehicle search, the trooper found $44,000 in a black bag in the back seat of the Lexus. 

The cash was seized, but Jimenez and Cruz-Rivera were released. Subsequently, a cooperating witness provided law enforcement with information regarding Jimenez and Cruz-Rivera’s drug trafficking activity. In approximately 2012, the cooperating witness began purchasing heroin from Cruz-Rivera. On Oct. 4, 2013, Jimenez told the cooperator that he drove for the drug delivery because it was less likely that he would get in trouble if they were pulled over because he was a firefighter.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; Fitchburg Police Chief Ernest Martineau; Leominster Interim Police Chief Michael Goldman; and Lunenburg Police Chief James P. Marino made the announcement today. Assistant U.S. Attorneys Michelle L. Dineen Jerrett and William F. Abely of Lelling’s Worcester Branch Office prosecuted the case.

BOSTON – A Massachusetts District Court Judge and Trial Court Officer were indicted today in federal court in Boston on obstruction of justice charges for preventing an ICE Officer from taking custody of an alien defendant. 

Shelley M. Richmond Joseph, 51, of Natick, who was appointed as a Massachusetts District Court Judge in November 2017, and Wesley MacGregor, 56, of Watertown, a former Trial Court Officer since 1993, were indicted on one count of conspiracy to obstruct justice and two counts of obstruction of justice – aiding and abetting. MacGregor was also charged with one count of perjury.

“This case is about the rule of law,” said United States Attorney Andrew E. Lelling. “The allegations in today’s indictment involve obstruction by a sitting judge, that is intentional interference with the enforcement of federal law, and that is a crime. We cannot pick and choose the federal laws we follow, or use our personal views to justify violating the law. Everyone in the justice system – not just judges, but law enforcement officers, prosecutors, and defense counsel – should be held to a higher standard. The people of Massachusetts expect that, just like they expect judges to be fair, impartial and to follow the law themselves.”

“When we as officers of the law are confronted with an abuse within our system, we take those allegations seriously. Any conduct which severs the underlying trust that the citizens of this Commonwealth place in those who hold positions of power and authority is a stain on all who swear an oath to protect and serve, with honor and integrity,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI) Boston. “The people of this country deserve nothing less than to know that their appointed and elected representatives are working on their behalf, while adhering to and enforcing the rule of law, not a personal agenda. The special agents of Homeland Security Investigations remain committed to upholding our promise to the public, without compromise.”

“The actions of the judge in this incident are a detriment to the rule of law and highly offensive to the law enforcement officers of ICE who swear an oath to uphold our nation’s immigration laws,” said Todd M. Lyons, Acting Field Office Director, U.S. Immigration and Customs Enforcement (ICE)’s Enforcement and Removal Operations, Boston. “In order for our criminal justice system to work fairly for all people, it must be protected against judicial officials who would seek to replace the implementation of our laws with their own ideological views or politically-driven agenda. I would also like to thank U.S. Attorney Lelling for his local leadership and his continuous and faithful support of the ERO law enforcement mission.”    

According to court documents, on March 30, 2018, Newton Police arrested and charged an alien defendant under Massachusetts General Law with being a fugitive from justice and narcotics possession. Further investigation revealed that the defendant had twice been deported from the United States - in 2003 and 2007, and that a federal order had been issued prohibiting the defendant from entering the U.S. until 2027. After learning of the defendant’s arrest, ICE issued a Federal Immigration Detainer and Warrant of Removal, which stated that the defendant was subject to removal from the United States. On April 2, 2018, Newton Police transferred custody of the defendant to Newton District Court (NDC), where Joseph was assigned as the District Court Judge and MacGregor as a Trial Court Officer, and forwarded the Detainer and Warrant.

At 9:30 a.m. on April 2, 2018, a plainclothes ICE officer was dispatched to NDC to execute the Warrant and take custody of the defendant following his release from NDC. The Officer announced his presence to Courthouse personnel, including Joseph, upon arrival. Prior to the afternoon session, the courtroom clerk – at Joseph’s direction – allegedly instructed the ICE Officer to leave the courtroom and wait outside in the lobby, stating that in the event that the defendant was released, it would be through the courtroom and into the lobby. 

At 2:48 p.m. the case was called and the proceedings were captured on the courtroom’s audio recorder, as prescribed under the rules for all State District Courts. The audio recording captured Joseph, the defense attorney and the ADA speaking at side bar about the defendant and the ICE detainer. Joseph then allegedly ordered the courtroom clerk to “go off the record for a moment.” For the next 52 seconds, the courtroom audio recorder was turned off, in violation of the District Court rules. At 2:51 p.m., the recorder was turned back on, and Joseph indicated her intent to release the defendant. According to the charging documents, the defense attorney asked to speak with the defendant downstairs and Joseph responded, “That’s fine. Of course.” When reminded by the clerk that an ICE Officer was in the courthouse, Joseph stated, “That’s fine. I’m not gonna allow them to come in here. But he’s been released on this.” Immediately following the proceeding, MacGregor allegedly escorted the defendant, his attorney and an interpreter downstairs to the lockup and used his security access card to open the rear sally-port exit and release the defendant at 3:01 p.m.

MacGregor was also charged with perjury for falsely testifying before a federal grand jury on July 12, 2018, that, prior to releasing the defendant from the sally-port exit, he was unaware that ICE agents were in the Courthouse and that there was a detainer for the defendant.

The charges of conspiracy to obstruct justice and obstruction of a federal proceeding – aiding and abetting provide for sentences of no greater than 20 and five years in prison, respectively; five and three years of supervised release, respectively; and a fine of $250,000. The charge of perjury provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Lelling, HSI SAC Fitzhugh and ERO Acting FOD Lyons made the announcement today. Assistant U.S. Attorneys Dustin Chao and Christine Wichers of Lelling’s Criminal Division are prosecuting the case.

The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – Members and associates of Primeiro Comando da Massachusetts (PCM) were charged today in federal court in Boston in connection with perpetrating violent crimes in Massachusetts, including drug and firearms trafficking, robberies and kidnappings.

“Violent gangs that proliferate violence are a scourge on our communities,” said United States Attorney Andrew E. Lelling. “Over recent months, members and associates of Primeiro Comando da Massachusetts have been committing serious, violent crimes: brazenly robbing community businesses, dealing drugs, trafficking illegal firearms, and even kidnapping a young woman. We will not standby and allow these criminals to disrupt the safety and peace of our communities. Let today’s arrests and charges be a message to gang members and their associates: if you threaten the safety and well-being of Massachusetts residents, we will arrest and prosecute you using all of the federal resources at our disposal.” 

“ATF will continue to partner with our federal, state and local law enforcement counterparts to dismantle criminal street gangs to reduce violence committed through their use of firearms,” said Kelly D. Brady, ATF Special Agent in Charge Field of the Boston Field Division. “Furthermore, it demonstrates that law enforcement will not standby and allow these criminal street gangs to get away with such acts, which creates fear for the residents within the community”

“Today’s enforcement action represents the culmination of a long term, multi-agency investigative effort to disrupt and dismantle a violent transnational criminal organization which represents a significant threat to our public safety. Many of the defendants in this case are illegally present in the United States, and violated the rule of law with reckless abandon, conducting acts of violence, while profiting from the sale of narcotics and weapons,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Boston. “Together with our state, local and federal partners, the special agents of Homeland Security Investigations remain committed to using every tool available to ensure that our communities are safe and that justice is served. The fact of the matter is, the Commonwealth is a safer place with the arrests that were conducted today. We are committed to seeing this investigation through to a successful criminal prosecution.”   

The following defendants were charged today.

1. Marcio Costa, a/k/a “Marcino” and “Marcinn,” 28, of Malden, is the alleged leader of PCM and was arrested and charged with RICO conspiracy, conspiracy to commit robbery, conspiracy to distribute controlled substances, and engaging in the business of dealing in firearms without a license;
2. Joao Pedro Marques Guimares Gama, a/k/a “Bahianinho,” 21, a Brazilian national illegally residing in Malden, was arrested and charged with RICO conspiracy, conspiracy to commit robbery, engaging in the business of dealing in firearms without a license, and being an alien in possession of a firearm;
3. Breno Henrique DaSilva, 20, a Brazilian national illegally residing in Somerville, was arrested and charged with RICO conspiracy, conspiracy to commit robbery, and conspiracy to distribute controlled substances;
4. Alvaro Dos Santos Melo, 22, a Brazilian national illegally residing in Everett, was arrested and charged with RICO conspiracy, conspiracy to commit robbery, and conspiracy to distribute controlled substances;
5. Edson DaSilva, 19, previously resided in Whitman and is currently in state custody on kidnapping and firearms charges, and was federally charged with RICO conspiracy and robbery;
6. Igor Costa, 20, previously resided in Framingham and is currently in state custody, and was federally charged with RICO conspiracy and robbery;
7. Vinicius Goncalves de Assis, previously resided in Revere and is currently in state custody, and was federally charged with RICO conspiracy;
8. Rodrigo Tevares, 19, a Brazilian nation illegally residing in Stoughton, was arrested and charged with being an alien in possession of a firearm and engaging in the business of dealing in firearms without a license;
9. Rony DaFreitas, 21, of Lowell, was arrested and charged with engaging in the business of dealing in firearms without a license;
10. Elwood Cortes-Navedo, 23, of Lowell, was arrested and charged with engaging in the business of dealing in firearms without a license;
11. Fernando DeOliveira, 24, a Brazilian nation illegally residing in Brighton, was arrested and charged with being an alien in possession of a firearm and engaging in the business of dealing in firearms without a license;
12. Mouad Nessassi, 21, of Boston, was arrested and charged with engaging in the business of dealing in firearms without a license, distribution of 28 grams or more of cocaine base, and possession of an unregistered firearm;
13. Fadwa Chimal, 19, was arrested and charged with engaging in the business of dealing in firearms without a license; and
14. Jennifer Romero, 26, of Chelsea, was charged with engaging in the business of dealing in firearms without a license and distribution of 28 grams or more of cocaine base.

According to court documents, in September 2018, federal, state and local law enforcement began investigating members and associates of PCM, a gang with Brazilian origins, which first appeared in Massachusetts approximately two years ago. It is alleged that members and associates of PCM are actively involved in violent crimes including the illegal sale of firearms, drug trafficking, robberies, kidnappings and armed assaults in numerous communities in Massachusetts, including Boston, Malden, Everett, Somerville, Framingham, and Peabody, among others. During the investigation, law enforcement seized 31 firearms, including 27 handguns, two sawed-off shotguns, one shotgun, one rifle and several hundred rounds of ammunition.

The defendants allegedly committed various criminal offenses, some of which they admitted to cooperating witnesses. For example, Gama told cooperating witnesses that PCM not only committed robberies in Massachusetts, but also had targeted and robbed a drug dealer and his family in Connecticut. Gama stated that during the robbery, he held a gun to the head of the dealer’s daughter. In addition, during the investigation, Costa allegedly discussed a planned armed robbery with an undercover federal agent and repeatedly stated that it was likely that the gang members/associates would commit murder as part of the robbery.

Additional robberies alleged by the court documents include: an Oct. 18, 2018, armed robbery of a market in Boston committed by Goncalves; a Dec. 9, 2018, armed robbery of a pizza delivery person in Everett committed by DaSilva; and a Jan. 17, 2019, armed robbery of a gas station in Weymouth committed by Igor Costa. In addition, on Feb. 7, 2019, DaSilva and Henrique were involved in the kidnapping of a young woman who they believed could help them target a rival gang member. DaSilva and Henrique lured the young woman out of a residence in Peabody and eventually took her to a residence in Maynard where she was held at gunpoint and threatened. A cooperating witness alerted law enforcement, who responded to the scene and eventually arrested DaSilva.

On numerous occasions in 2018 and 2019, it is alleged that the defendants illegally sold firearms and drugs to cooperating witnesses.

In addition to the 14 charged criminally, four individuals were arrested administratively by ICE today.   

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. The charge of conspiracy to commit robbery and robbery provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and restitution. The charge of conspiracy to distribute controlled substances provides for a sentence of no greater than 20 years in prison, at least three years up to life supervised release, and a fine of $1 million. The charge of engaging in the business of dealing in firearms without a license provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. The charge of being an alien 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. The charge of distribution of 28 grams or more of cocaine base provides for a sentence of at least five and up to 40 years in prison, at least four up to life supervised release, and a fine of $2,000,000. The charge of possession of an unregistered firearm provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $10,000. Defendants illegally present in the U.S. 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.

U.S. Attorney Lelling, ATF SAC Brady; HSI SAC Fitzhugh; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. The Chelsea, Lowell, Malden, Marlborough, Somerville, and Weymouth Police Departments and the Middlesex Sheriff’s Office provided assistance with the investigation.  The case is being prosecuted by Assistant United States Attorneys in Lelling’s Organized Crime and Gang Unit.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – The former head coach of the men’s tennis team at the University of Texas at Austin pleaded guilty today in federal court in Boston in connection with accepting a $100,000 bribe to secure the admission of a purported student-athlete to the university.

Michael Center, 54, of Austin, Texas, pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Oct. 30, 2019. Center was initially charged by criminal complaint on March 12, 2019.

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.

BOSTON – A Rhode Island man was arrested today and charged with sending a series of violent and threatening emails to a college professor in Massachusetts and to a professional school at the university where the professor teaches.

Matthew Haviland, 30, of North Kingstown, R.I., was charged by complaint with cyberstalking and with transmitting a threat in interstate commerce. Haviland will appear today at 3:00 p.m. in federal court in Boston.

“As I have said before, this office will take a hard line on threats of violence motivated by politicized issues, regardless of whether those issues arise on the right or the left,” said United States Attorney Andrew E. Lelling. “Americans are responsible for what they say, and if they put others in fear for their lives, we will prosecute.”

“Simply put, words matter, and today’s arrest of Matthew Haviland should serve as a warning to others who think they can use the internet to terrorize people. Don’t do it,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Everyone has the right to express their opinion, but when you threaten, harass, intimidate, and put others in fear for their lives, it’s a federal crime.”

Over the span of several hours on March 10, 2019, Haviland allegedly sent a Massachusetts professor a string of approximately 28 e-mails containing messages that included such threats as, “I will rip every limb from your body and eat it, piece by piece,” and “I will bite through your eyeballs while you’re still alive, and I will laugh while you scream.” According to the complaint, the professor to whom Haviland sent the threats—referred to as Victim 1 in the complaint—has published and spoken in favor of abortion rights, and several of Haviland’s emails made reference to abortion. In two successive e-mails, for example, Haviland wrote, “You will be held accountable for every [expletive] baby you murdered through your horrible deception of they are not humans,” and “You will have your face ripped off and eaten by me, personally. I will enjoy raping your body after you’re dead. And that will only be the start.”

The complaint includes a description of additional, abortion-related messages Haviland is alleged to have sent or posted on the internet. Those messages included approximately 114 voice messages that Haviland left overnight at a women’s medical center beginning April 4, 2019, and text messages Haviland sent to an acquaintance that included the following: “It never was a Woman’s rights issue. It’s literally killing babies. That’s All it is, and We want you to stop it. Or we will kill you to do it. It’s that Serious. It’s not a Joke.” In an internet posting allegedly written on March 29, 2019, Haviland wrote, “You guys are so evil and so brainwashed, I would kill every one of you with my bare hands—or AT LEAST kill every abortion doctor.”

It is alleged that between the evening of March 15, 2019, and the early morning of March 16, 2019, Haviland sent approximately 12 e-mails to a professional school at Victim 1’s university. These e-mails touched on the subjects of race, gender, and physical disability, and included the messages: “[Expletive], my existence is not a blight on society. Yours is, for pushing the idea that if you are able-bodied or white or okay WITH THE [EXPLETIVE] GENDER YOU WERE BORN WITH, you are a bad person. You people are Evil, putrid, and somebody shoudl [sic] BOMB your school for spreading the idea that it’s okay to HATE people because of their race.” A later e-mail to the professional school said only, “You should be Murdered in cold blood.”

The charges of cyberstalking and transmitting a threat in interstate commerce provide for a sentence of no greater than five years in prison, three years of supervised release, a fine of up to $250,000, or twice the gross gain or loss resulting from the offense, 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.

U.S. Attorney Lelling and FBI SAC Bonavolonta made the announcement today. Boston FBI’s Joint Terrorism Task Force is conducting the investigations with the assistance of Warwick and North Kingstown (R.I.) Police Departments. Assistant U.S. Attorney Brian A. Pérez Daple of Lelling’s National Security Unit is prosecuting the case.

The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A New Bedford man was indicted today in federal court in Boston on a federal drug charge.

Davaun Oswald, 22, was indicted on one count of possession with intent to distribute heroin, fentanyl, and marijuana. Oswald has been in state custody since his arrest on Jan. 31, 2019.

According to the charging document, on Jan. 31, 2019, after an investigation into drug distribution in and around New Bedford, law enforcement officers executed a search warrant at Oswald’s apartment, where Oswald was found in possession of approximately 15 grams of a mixture of heroin and fentanyl, as well as over 450 grams of marijuana. Oswald has prior felony convictions for criminal possession of a firearm, and possession with the intent to distribute a controlled substance.

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 fine of 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; Bristol County District Attorney Thomas Quinn; 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. 

BOSTON – The president and founder of a Falmouth mortgage company was sentenced yesterday in federal court in Boston in connection with defrauding the Government National Mortgage Association (Ginnie Mae) out of approximately $2.5 million.

Robert Pena, 69, the president and founder of the now-defunct mortgage company, Mortgage Security, Inc. (MSI), was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 32 months in prison, two years of supervised release, and ordered to pay $2.5 million in restitution to Ginnie Mae. In October 2017, Pena pleaded guilty to an indictment charging him with one count of conspiracy and six counts of wire fraud. 

The charges arise out of Pena’s scheme to defraud Ginnie Mae, a government-run corporation charged with making housing more affordable by injecting capital into the U.S. housing market. Ginnie Mae, which is part of the U.S. Department of Housing and Urban Development (HUD), guarantees the timely payment of principal and interest to investors in bonds backed by government-sponsored mortgage loans, such as those offered by the Federal Housing Administration and the U.S. Department of Veterans Affairs. 

MSI contracted with Ginnie Mae to pool eligible residential mortgage loans and then sell Ginnie Mae-backed mortgage bonds to investors. MSI was responsible for servicing the loans in the pools it created, including collecting principal and interest payments from borrowers, as well as loan payoffs, and placing those funds into accounts held in trust by Ginnie Mae, which would ultimately pass them along to investors. Among other things, Ginnie Mae required issuers like MSI to provide regular reports to Ginnie Mae concerning the status of the loans in the pools.

Beginning in 2011, Pena began diverting money that borrowers were sending to MSI.  Specifically, Pena deposited high-dollar, loan-payoff checks into bank accounts unknown to Ginnie Mae and then used those funds for personal and business expenses. Pena also diverted borrowers’ escrow funds and mortgage-insurance premiums for his own use. In total, Pena took approximately $2.5 million, which Ginnie Mae then had to pay to investors whose investments it had guaranteed. Pena also attempted to cover up his scheme by providing false reports to Ginnie Mae about the status of the loans MSI was servicing. These false reports made it appear that the loans were still in repayment.

Pena’s co-conspirator, Gilda Andrade, who worked for Pena at MSI and helped Pena file false reports with Ginnie Mae, cooperated with the government’s investigation. Andrade pleaded guilty to a misdemeanor charge of making a false statement to HUD in December 2017, and was previously sentenced by U.S. Magistrate Judge Judith G. Dein to one year probation and ordered to pay $108,240 in restitution to Ginnie Mae.

United States Attorney Andrew E. Lelling; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The U.S. Attorney’s Office wishes to acknowledge the invaluable assistance of the U.S. Department of Veterans Affairs, Office of Inspector General; the U.S. Department of Agriculture, Office of Inspector General; and the Falmouth Police Department. Assistant U.S. Attorney Brian M. LaMacchia prosecuted the case.

BOSTON - Four Florida men were charged in a complaint partially unsealed today in federal court in Boston in connection with the fraudulent abuse of the U.S. Postal Service’s (USPS) Informed Delivery electronic notification system. 

Lucson Appolon, 26, of Fort Lauderdale, Fla., and Kevens Louis, 26, of Plantation, Fla., were each charged with one count of conspiracy to commit wire fraud. Two charged co-conspirators remain at-large. Appolon and Louis were arrested on April 16, 2019, and will appear in federal court in Boston at a later date. 

Informed Delivery is a free electronic notification service provided by the USPS that gives residential and P.O. Box customers the ability to digitally preview their incoming mail and manage their packages.

According to the complaint partially unsealed today, the defendants accessed victims’ personal identifying information, including names, Social Security numbers, dates of birth, and addresses on the “dark web” and then used the information to open credit cards in the victims’ names. The defendants then subscribed to Informed Delivery using the victims’ personal identifying information and a fraudulent email address created to track the delivery of credit cards to the victims’ residential mailboxes. The defendants subsequently intercepted the credit cards at the victims’ mailboxes before the victims could receive them and used those credit cards at ATMs and to purchase gift cards and other items for resale at Apple and Walmart, among other retail establishments. The defendants traveled to states across the East Coast in furtherance of the fraud, including New Hampshire, Maine, and Massachusetts. The complaint further alleges that the defendants engaged in dozens of fraudulent transactions between August 2018 and January 2019, with an estimated exposure of over 1.2 million.

The charge of conspiracy to commit wire fraud carries a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Valuable assistance was provided by the Federal Bureau of Investigation, Boston Field Office; Homeland Security Investigations in Boston; the Concord, Fort Lauderdale (Fla.), Harvard, Kittery (Maine), Norfolk, Plantation (Fla.), Sherborn, and Weston Police Departments. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Cybercrime Unit is prosecuting the case.

The details contained in the complaint are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

BOSTON – A former MCI-Cedar Junction nurse was sentenced yesterday in federal court in Boston in connection with smuggling drugs into the facility.    

Christine Ramos, 38, of Walpole, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to two years of probation and ordered to pay a fine of $2,000. In July 2018, Ramos was charged by Information with conspiracy to distribute Suboxone and Alprazolam.

According to the court documents, Ramos was involved in a romantic relationship with Chad Connors, an inmate at MCI-Cedar Junction in South Walpole. At Connors’ request, Ramos agreed to smuggle contraband, including controlled substances, into MCI-CJ. In order to do this, Ramos opened two Post Office Boxes through  third parties. Connors sent letters and money to Ramos at these P.O. Boxes. Connors’ co-defendant, William Guillemette, directed his wife, Lisa, and mother, Margaret, to obtain and send Suboxone and Alprazolam to the P.O. Boxes. Ramos subsequently smuggled the drugs into the facility and delivered them to Connors. William Guillemette and, allegedly, Connors, distributed the drugs to other inmates, who sent checks to Lisa and Margaret Guillemette as payment for the drugs.

According to court documents, Suboxone and Alprazolam are Schedule III and Schedule IV controlled substances, respectively.  

William Guillemette and Margaret Guillemette previously pleaded guilty and are awaiting sentencing.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; 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. Assistant U.S. Attorney Eugenia Carris of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.

The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – Two defendants will plead guilty to charges in connection with using bribery and other forms of fraud to facilitate the admission of applicants to selective colleges and universities.

Laura Janke, 36, of North Hollywood, Calif., a former assistant coach of women’s soccer at the University of Southern California (USC), will plead guilty to conspiracy to commit racketeering and will cooperate with the government’s investigation. Janke was previously indicted along with 11 other defendants.

Toby MacFarlane, 56, of Del Mar, Calif., a former senior executive at a title insurance company, will plead guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. MacFarlane was previously charged by criminal complaint. 

The defendants were charged in March 2019 with conspiring with William “Rick” Singer, 58, of Newport Beach, Calif., and other parents, coaches and university administrators, to use bribery and other forms of fraud to secure the admission of students to selective colleges and universities and to cheat on college entrance exams. According to court documents, MacFarlane paid $450,000 to facilitate the admission of his children to USC as purported athletic recruits. Specifically, on Oct. 3, 2013, Singer emailed MacFarlane’s daughter’s high school transcript and college exam scores to Janke and another defendant. Soon after, Singer caused a purported charitable organization he established, the Key Worldwide Foundation (KWF), to wire $50,000 to a private soccer club controlled by Janke and the other defendant. Using materials provided by MacFarlane and Singer, Janke then created a falsified soccer profile for MacFarlane’s daughter, falsely describing her as a “US Club Soccer All American” in high school. MacFarlane’s daughter was presented to the USC subcommittee for athletic admissions as a purported soccer recruit, and was accepted to USC in March 2014. On May 2, 2014, MacFarlane issued a $200,000 check to the Edge College & Career Network LLC (“The Key”) – Singer’s for-profit college counseling and preparation business – with “Real Estate Consulting & Analysis” written in the memo line. On May 12, 2014, Singer issued a $100,000 payment to the private soccer club which Janke partly controlled.

Similarly, in November 2016, Singer directed Janke to create a falsified basketball profile for MacFarlane’s son. Singer then emailed the profile to a USC administrator to present to the USC subcommittee for athletic admissions as a purported basketball recruit. In February 2017, USC issued a conditional acceptance to MacFarlane’s son as a student-athlete. On Feb. 23, 2017, MacFarlane sent a $50,000 check to USC Athletics, and the following month USC mailed MacFarlane’s son a formal acceptance letter. On April 18, 2017, MacFarlane issued a $200,000 check to KWF with “Real Estate Consulting” written in the memo line.

Plea hearings have 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. The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.

The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Saugus man was arrested and charged today on drug and firearm offenses.

Vinicius Teixeira, a/k/a “Vinny,” 29, was charged in an indictment unsealed today with one count of possession with intent to distribute marijuana and one count of possession of a firearm in furtherance of a drug trafficking crime. Teixeira was detained following an initial appearance in federal court this afternoon. A detention hearing is scheduled for Friday, April 26, 2019, before U.S. Magistrate Judge Judith G. Dein.

On March 7, 2019 Teixeira was allegedly in possession of marijuana and an American Tactical 9mm semiautomatic pistol containing 11 rounds of ammunition.  Teixeira was originally arrested on a state complaint and released on bail.

The charge of possession with intent to distribute marijuana 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. The charge of possession of a firearm in furtherance of a drug trafficking crime provides for a mandatory five year sentence to be served consecutive to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. The Suffolk County Sheriff’s Department and the Revere, Everett, and Chelsea Police Departments provided assistance with the investigation. Assistant U.S. Attorney Corey Steinberg of Lelling’s Organized Crime and Gang Unit is prosecuting the case. 

The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

BOSTON – A Puerto Rico man was arrested today and charged in federal court in Worcester for his role in a cocaine conspiracy.

William Torres, a/k/a Poro, 34, of Tao Baja, P.R., was charged with conspiracy to distribute 500 grams or more of cocaine. Torres will appear before a U.S. Magistrate Judge in San Juan, P.R., before being transferred to Massachusetts.

According to court documents, a federal investigation revealed that, around October 2018, Torres made arrangements for his associate, Melvin Burgos, to obtain a kilogram of cocaine from Julio Rivera. Torres provided Burgos with Rivera’s number, and on Nov. 1, 2018, the two met at a storage facility in Worcester. Police subsequently stopped both Burgos and Rivera, and inside the vehicle driven by Burgos, they found approximately 900 grams of cocaine; inside Rivera’s vehicle, law enforcement found a phone that had been used to contact Torres. Burgos and Rivera were arrested on state charges that day and have since been charged in federal court in Worcester.

Torres faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. 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. 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.

BOSTON - A New Hampshire man pleaded guilty today in federal court in Boston to illegally trafficking live water monitor lizards from the Philippines.

Derrick Semedo, 26, of Nashua, N.H., pleaded guilty to one count of trafficking in monitor lizards that were exported illegally from the Philippines. Senior U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Aug. 13, 2019.

According to court documents, Semedo admitted to illegally importing more than 20 live water monitor lizards from the Philippines between March and December 2016, in violation of United States law and the Convention on International Trade in Endangered Species (CITES) Treaty. To avoid detection by United States customs authorities, the lizards were placed in socks, which were sealed closed with tape, and then concealed in the back panels of audio speakers or other electronic equipment. The equipment was then shipped via commercial carriers to Semedo in Massachusetts. The customs declarations accompanying the shipments identified the content as audio speakers or similar electronics.

As part of his plea, Semedo admitted that he knew the monitor lizards he received had been taken in violation of Philippine law, and that the import violated United States law. Semedo also admitted that upon receiving the monitor lizards, he sold some of them to customers, including customers in Colorado, Connecticut, and New Hampshire.  

“Endangered species are called that for a reason,” said U.S. Attorney Andrew E. Lelling. “Illegally trafficking a protected species in violation of United States and international law is callous and short-sighted. This office will continue to target those who exploit protected animals and ecosystems for personal gain.”

“To remove members of endangered species from their natural habitat and illegally sell them in the United States is harmful to the animals, their native habitats, and the new ecosystems they have unwittingly invaded,” said Assistant Attorney General Clark. “The Department of Justice remains determined to work with our law enforcement partners to ensure that these endangered animals are protected, as they should be, in the United States and abroad.”

This case is part of Operation Sounds of Silence, an ongoing effort by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice, to prosecute those involved in the illegal taking of and trafficking in protected species.

The charge of trafficking in protected wildlife provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling; Assistant Attorney General Jeffrey Bossert Clark, of the Department of Justice’s Environmental and Natural Resources Division; and Ryan Noel, Special Agent in Charge of the U.S. Fish & Wildlife Service’s Region Five office, made the announcement today. The Philippines’ National Bureau of Investigations provided valuable assistance with the investigation. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Criminal Division and Trial Attorneys Gary Donner and Erica Pencak of the Justice Department’s Environmental and Natural Resources Division are prosecuting the case. 

Derrick Semedo, a resident of Nashua, New Hampshire, pleaded guilty today to illegally trafficking live water monitor lizards from the Philippines.

The guilty plea was announced by Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division and Andrew Lelling, United States Attorney for District of Massachusetts.  

Semedo, 26, pleaded guilty in Boston before U.S. District Judge Douglas P. Woodlock to one count of wildlife trafficking in violation of the Lacey Act.   

According to plea documents, Semedo admitted to illegally importing more than 20 live water monitor lizards from the Philippines between March and December 2016, in violation of United States law and the Convention on International Trade in Endangered Species (CITES) Treaty. To avoid detection by United States customs authorities, the lizards were placed in socks, which were sealed closed with tape, and then concealed in the back panels of audio speakers or other electronic equipment. The equipment was then shipped via commercial carriers to Semedo in Massachusetts. The customs declarations accompanying the shipments identified the content as audio speakers or similar electronics.

As part of his plea, Semedo admitted that he knew the monitor lizards he received had been taken in violation of Philippine law, and that the import violated United States law. Semedo also admitted that upon receiving the monitor lizards, he sold some of them to customers, including customers in Colorado, Connecticut, and New Hampshire.  

“To remove members of endangered species from their natural habitat and illegally sell them in the United States is harmful to the animals, their native habitats, and the new ecosystems they have unwittingly invaded,” said Assistant Attorney General Clark. “The Department of Justice remains determined to work with our law enforcement partners to ensure that these endangered animals are protected.”

“Endangered species are called that for a reason,” said U.S. Attorney Andrew E. Lelling. “Illegally trafficking a protected species in violation of United States and international law is callous and short-sighted. This office will continue to target those who exploit protected animals and ecosystems for personal gain.”

“Wildlife trafficking is a transnational crime that impacts imperiled species at home and abroad,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “Monitor lizards, and other reptiles, are especially vulnerable to the illegal wildlife trade and are the silent victims of those who choose to inhumanely decimate these animals for financial gain. We would like to thank our partners at the U.S. Attorney’s Office and the U.S. Department of Justice for their assistance with this case. Together, we can continue to protect imperiled species for future generations.”

Monitor lizard is the common name for lizards comprising the genus Varanus.  Monitor lizard species (there are approximately 70) are characterized by elongated necks, heavy bodies, long-forked tongues, strong claws, and long tails. Monitor lizards have a vast geographical range and are native to Africa, Asia, and Oceania. Water monitor lizards are semi-aquatic monitor lizards endemic to South and Southeastern Asia. Water monitor lizards, as their name suggests, are water dependent and easily swim long distances. This ability has allowed them to inhabit many remote islands. Some species of water monitor lizard are common and abundant in the pet trade, while others are extremely rare and are found only on specific islands. In addition to suffering increasing habitat loss due to rainforest destruction, water monitor lizards are often illegally collected from the wild and killed for bush meat, traditional medicine, or for their skins. Water monitor lizards are also targeted due to their popularity in the international exotic pet trade. Exotic pet traders seek these water monitor lizards due to their attractive patterns, unique colors, intelligence, and rarity. The yellow-headed water monitor (Varanus cumingi), the white-headed water monitor (Varanus nuchalis), and the marbled water monitor (Varanus marmoratus), are species of large monitor lizards endemic to the Philippines.

This case is part of Operation Sounds of Silence, an ongoing effort by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice, to prosecute those involved in the illegal taking of and trafficking in protected species, including water monitor lizards.

The investigation was handled by the U.S. Fish and Wildlife Service’s Office of Law Enforcement, the United States Attorney’s Office for the District of Massachusetts, and the Justice Department’s Environmental Crimes Section. The government is represented by Assistant U.S. Attorney Seth Kosto and Environmental Crimes Section Trial Attorneys Gary N. Donner and Erica H. Pencak.

BOSTON – This weekend, the U.S. Drug Enforcement Administration will once again conduct one of its most popular community programs: National Prescription Drug Take Back Day. On Saturday, April 27, between 10 a.m. and 2 p.m., the public can dispose of their expired, unused and unwanted prescription medications at over 600 collection sites throughout New England, operated by local law enforcement agencies and other community partners. The service is free of charge, no questions asked and most of these collection sites can be found in the lobby of your local Police Department. To find a collection site near you go to: www.DEATakeBack.com.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. 

“DEA has touched a nerve in America with its recent Take Back events, as evidenced by the millions of pounds of pills collected during our previous 16 events,” said DEA Special Agent in Charge Brian D. Boyle. “These events are only made possible through the dedicated work and commitment of our local, state and federal partners, and DEA thanks each and every one of them for their continuous efforts on behalf of the American people.”

“I encourage all Massachusetts residents to participate in the DEA’s National Prescription Drug Take Back Day,” said U.S. Attorney Andrew E. Lelling. “Day after day, we see the devastating effects of prescriptions - particularly opioids - that end up in the hands of those who were not prescribed the medications. It’s important to remember that sharing, selling, or stealing prescription pills is illegal, and worse, it can lead to addiction. With over 600 sites across New England, we hope everyone will take advantage of this public safety program and responsibly dispose of their unused prescriptions.”

Last October, during its 16th Take Back Day, the DEA New England Division collected 80,277.68 pounds - or 40 tons - of expired, unused and unwanted prescription drugs at 613 collection sites throughout New England. 

The following was the breakdown of collected weights for the six New England states:

CT             4,792.30 lbs.

MA          26,255.58 lbs.

ME           27,156.70 lbs.

NH            11,880 lbs.

RI              4,364 lbs.

VT             5,829 lbs. 

TOTAL    80,277.68 lbs.

            DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that flushing these drugs down the toilet or throwing them in the trash posed potential safety and health hazards. Since its inception, the initiative has received enthusiastic public support and made great strides in preventing drug misuse and abuse.

BOSTON – A Puerto Rican man was sentenced today in federal court in Worcester in connection with a heroin conspiracy.

Ivan Cruz-Rivera, 50, of Dorado, P.R., was sentenced to 76 months in prison and four years of supervised release. In December 2018, Cruz-Rivera and co-defendant Carlos Jimenez, 52, of Englishtown, N.J., were each convicted following a 12-day trial on charges of possession with intent to distribute heroin and distribution of more than 100 grams of heroin, and conspiracy to possess with intent to distribute heroin and to distribute heroin.  Cruz-Rivera was found responsible for more than 100 grams of heroin with regards to the conspiracy charge. Jimenez is scheduled to be sentenced on April 24, 2019.

On Oct. 4, 2013, federal agents were surveilling garages on Union Street in Leominster where they believed drugs were being sold. The agents observed two men in a Lexus with New Jersey plates entering the property and leaving over 90 minutes later. After the Lexus left, an individual at the garage sold heroin to a cooperating source for $7,500. 

A law enforcement officer subsequently followed the Lexus and stopped the vehicle in Sturbridge after the driver committed a traffic violation. The driver and passenger were visibly nervous – the driver’s hands were trembling and the passenger was avoiding eye contact and fidgeting. The driver provided a New Jersey license and conspicuously displayed his firefighter badge, which identified him as Carlos Jimenez, and the passenger, Cruz-Rivera, presented a Puerto Rican identification card. When questioned about the purpose of the trip to Massachusetts, Jimenez gave conflicting answers and said that they had just come from Lawrence. Jimenez denied having weapons or drugs in the car, but indicated that his passenger had some cash in the car. When Cruz-Rivera was questioned about transporting large sums of cash in the car, he gave evasive answers before finally stating that there was $1,000 in the car. After Jimenez consented to a vehicle search, $44,000 in a black bag was recovered. 

The cash was seized, but Jimenez and Cruz-Rivera were released. Subsequently, a cooperating witness provided law enforcement with information regarding Jimenez and Cruz-Rivera’s drug trafficking activity. In approximately 2012, the cooperating witness began purchasing heroin from Cruz-Rivera. On Oct. 4, 2013, Jimenez told the cooperator that he drove for the drug delivery because it was less likely that he would get in trouble if they were pulled over because he was a firefighter.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; Fitchburg Police Chief Ernest Martineau; Leominster Interim Police Chief Michael Goldman; and Lunenburg Police Chief James P. Marino made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Worcester Branch Office and William F. Abely of Lelling’s Criminal Division prosecuted the case.

BOSTON – Three men were charged in federal court in Boston yesterday with fentanyl conspiracy.

Javier Marrero, 27, and Ariel Pagan-Romero, 29, both of Lawrence, and Jonathan Bermudez, 23, of Lowell, were charged with conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl. Pagan-Romero was arrested yesterday and appeared in federal court in Boston. Bermudez is currently in state custody on an unrelated state drug charge and will appear in federal court at a later date. Marrero is currently a wanted fugitive.

During the course of several months, using an undercover police officer, a federal investigation uncovered the trio’s fentanyl distribution operation. When law enforcement executed several search warrants, they seized drugs, three firearms, including an AR-15 rifle, an extended magazine, and more than 100 rounds of ammunition.

The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years and up to life in prison, a fine of up to $10 million, and at least five years of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. During the course of this investigation, valuable assistance was provided by Homeland Security Investigations in Boston, the Massachusetts State Police, and the Andover, North Andover, Billerica, Chelmsford, Lowell, and Lawrence Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.

BOSTON – A Beverly man was sentenced today in connection with mailing threatening letters containing suspicious white powder to high-profile individuals, law enforcement officials and others.

Daniel Frisiello, 25, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to five years of probation, with one year to be served in home detention with location monitoring, and restitution. During the period of probation, Frisiello is prohibited from contacting the victims in the case, sending letters through the mail, accessing the internet, and possessing and accessing computers. In October 2018, Frisiello pleaded guilty to 13 counts of mailing a threat to injure the person of another and six counts of false information and hoaxes. Frisiello was arrested and charged on March 1, 2018, and has been in home detention since.

In 2018, Frisiello mailed five high-profile individuals around the country envelopes that contained suspicious white powder and notes threatening harm. The envelopes and notes had significant commonalities including a Boston postmark. One victim had earlier received a similar “glitter bomb,” that is, an envelope containing glitter sent to an unsuspecting individual that, when opened, spills out onto the recipient. Law enforcement traced the glitter bomb to Frisiello through financial records. In addition, trash recovered from Frisiello’s residence contained remnants of the cut-out computer-printed messages that Frisiello sent to some victims.

Frisiello was tied to other threatening letters through fingerprints and further investigation. In 2015, Frisiello sent two letters that threatened the manager of a Massachusetts company that had recently terminated one of Frisiello’s family members. During the 2016 presidential campaign, Frisiello sent a white-powder letter to family members of then-presidential candidate Donald Trump, which caused a significant hazardous material response by law enforcement in New York City. The letter promised that if Trump did not drop out of the race, the next letter would not be a fake. In 2016, Frisiello also sent letters to the heads of four law enforcement agencies in Connecticut and Rhode Island, warning them to drop an investigation into Nathan Carman, who allegedly killed his mother and grandfather, threatening that one police chief would join Carman’s mother “at the bottom of the sea” and that a state police colonel would not only drown, but also receive “a bullet in [his] brain.” In 2017, Frisiello sent a letter threatening to shoot the assistant district attorney who was prosecuting Michelle Carter for involuntary manslaughter and to also shoot the judge who was hearing the case. In 2018, Frisiello sent white powder letters to another member of the First Family, a United States Attorney, United States Senator Deborah Stabenow, a Stanford law professor, and a candidate for the United States House of Representatives.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Stephen Marks, Special Agent in Charge of the U.S. Secret Service Boston Field Office; and Beverly Police Chief John G. LeLacheur made the announcement today. The investigation was led by the FBI Boston Division’s Joint Terrorism Task Force. Assistant U.S. Attorney Scott L. Garland, Deputy Chief of Lelling’s National Security Unit, prosecuted the case.

BOSTON – A Dominican national was arrested yesterday and charged in federal court in Boston with distributing more than 100 grams of heroin.

Rosario Lara, 36, a Dominican national residing in Lawrence, was charged with distributing more than 100 grams of heroin. Lara appeared in federal court in Boston yesterday and was ordered detained pending a detention hearing scheduled for April 25, 2019.

According to the charging documents, Lara sold more than a half-kilogram of heroin 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 five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. 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, the Massachusetts State Police, and the 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.

BOSTON – A Mashpee man was arrested yesterday in connection with falsely representing himself as a law enforcement officer in order to purchase two Glock firearms.

Justin F. Watson, 33, was charged in a complaint with falsifying information related to the sale of a firearm. Watson appeared today in federal court in Boston and was released on conditions.  

According to charging documents, from March 2018 to February 2019, Watson was an Institutional Security Officer/Campus Police Dispatcher with Cape Cod Community College Police. As such, Watson neither carried a weapon nor had the power to make arrests on campus.

It is alleged that Watson ordered a Glock pistol to be delivered to a firearms dealer on Cape Cod. On Aug. 26, 2018, Watson went to the firearms dealer to pick up the Glock, Model 22, GEN4, .40 caliber pistol. Before receiving the firearm, Watson provided his Cape Cod Community College identification card, which listed him as “Campus Police” and “Faculty/Staff,” to the manager and completed a Public Safety Purchase Form identifying himself as an Institutional Security Officer.

As alleged in court documents, Watson called another firearms dealer and spoke with the store’s operator, who informed him that only law enforcement officers with the power to conduct arrests could purchase Glock Model 26 firearms. Watson said he was a police officer with authority to make arrests.

On Nov. 17, 2018, Watson went to the second firearms dealer with his girlfriend and spoke with a sales manager. His girlfriend allegedly told the sales manager that she was Watson’s boss and that Watson had authority to make arrests. Watson identified himself as a police officer to the sales manager and then purchased a Glock, Model 26, GEN4, 9mm pistol for $425. Watson completed a required ATF Form and affirmed that he was the actual buyer of the firearm. The form warned that, “If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.”

During the sale, Watson provided his Cape Cod Community College identification card and completed a certification letter indicating that he was purchasing the firearm for “on or off duty use” and not “for resale.” Watson also completed another certification form, and listed himself as “Campus Police.”

It is further alleged that Watson then transferred the Glock Model 26 to his girlfriend on Dec. 19, 2018.

During an interview with law enforcement, Watson acknowledged that he used his Cape Cod Community College identification card when he purchased both Glock firearms. He stated he used that ID because he did not think he could purchase the firearms without it. He also acknowledged that if the firearms dealers had understood that he was not a police officer with arrest powers, they would not have sold him the firearms. Watson further stated that he knew his girlfriend, a civilian, could not purchase a Glock Model 26 herself and that he purchased the firearm for her.

Straw purchases interfere with firearm regulation and recordkeeping, and federal law makes it a crime to knowingly make false statements to a firearms dealer in connection with the lawfulness of the sale. 

The charging statute provides 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 Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Cape Cod Community College Campus Police, Barnstable Police Department and Mashpee Police Department provided assistance with the investigation. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption Unit is prosecuting the case.

The details contained in the Complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Dominican national was sentenced yesterday in federal court in Springfield for dealing heroin.

Hansel Ramon Rodriguez Ramirez, 38, a Dominican national formerly residing in Springfield, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and will be subject to deportation proceedings upon completion of his sentence. In January 2019, Rodriguez Ramirez pleaded guilty to one count of distribution of heroin and fentanyl and one count of possession with intent to distribute heroin.

On Feb. 9, 2018, Rodriguez Ramirez sold approximately 100 grams of a mixture of heroin and fentanyl to an individual working with law enforcement for $5,900. On Feb. 14, 2018, Rodriguez Ramirez agreed to sell an additional 200 grams of heroin to the same individual, but law enforcement officials intercepted him before he could do so. At that time, agents found him to be in possession of 200 grams of heroin. Agents subsequently executed a search warrant at Rodriguez Ramirez’s residence, where they found additional heroin and evidence of a heroin mill. 

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; Holyoke Police Chief Manny Febo; and Chicopee Police Chief William Jebb made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions 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.

BOSTON – A former civilian employee of the Hanscom Air Force Base pleaded guilty yesterday in federal court in Boston in connection with possessing thousands of files depicting child pornography, including a manual titled “How to Practice Child Love.”

William Gates, 41, of Burlington, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for July 17, 2019. In September 2018, Gates was arrested and subsequently released on conditions.  

In November 2017, law enforcement in Boston received information from authorities in Australia about an investigation involving an online personal photo site, known for hosting child pornography. Australian investigators observed a user of the site posting photographs of, and comments regarding, an approximately six-year-old boy on a school bus, who the user identified as a child on a field trip that the user was chaperoning. Australian and U.S. authorities were able to trace the account activity to IP addresses assigned to Gates’s home in Burlington and to Hanscom Air Force Base, where Gates was a civilian employee at the time.

During an interview with law enforcement in early December 2017, Gates admitted that he used his iPhone to take some of the photographs while chaperoning a field trip to the zoo with his son’s elementary school. After Gates provided written consent, law enforcement conducted a preliminary exam of two of the defendant’s digital devices and allegedly located approximately 51 images of child pornography. A month later, on Jan. 8, 2018, agents executed a search warrant at Gates’s home, where they found more than 900 child pornography files. Gates was subsequently indicted by a Middlesex grand jury for possession of child pornography.

During the week of Aug. 27, 2018, further forensic analysis of one of Gates’ laptops revealed an encrypted volume, where approximately 5,000 images and 440 videos of child pornography were hidden, as well as a document titled, “How to Practice Child Love,” which purports to serve as a guide to teach adults how to have sex with children.

The charging statute provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Burlington Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.

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