District of Massachusetts
Press releases recorded for this federal judicial district.
Dominican National Pleads Guilty to Fentanyl, Heroin ConspiracyRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to her role in a widespread heroin and fentanyl conspiracy.
Isis Y Lugo-Guerrero, 46, a Dominican national residing in Dorchester, pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin, fentanyl, and cocaine. U.S. District Court Judge Indira Talwani scheduled sentencing for March 6, 2019. Lugo-Guerrero was arrested on Feb. 14, 2017, and released from custody on March 2, 2017, on $10,000 unsecured bond. The first day of her week-long trial was scheduled to begin on Sept. 10, 2018, but she failed to appear in court, and a warrant was issued for her arrest. She was arrested on Oct. 3, 2018.
Lugo-Guerrero is the sister of Jose Antonio Lugo-Guerrero, the convicted leader of a Boston-based heroin and fentanyl trafficking organization. Isis Lugo-Guerrero conspired with her brother and others by regularly obtaining heroin and cocaine from him and by supplying him with substances to cut his drugs to make additional profit.
Jose Antonio Lugo-Guerrero pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin, more than 400 grams of fentanyl, and more than five kilograms of cocaine, and one count of possession of a firearm in furtherance of a drug trafficking crime. He faces a mandatory minimum sentence of 15 years and up to life in prison. He is scheduled to be sentenced on Nov. 27, 2018.
The charge of conspiring to distribute heroin, fentanyl, and cocaine provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; 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; Fall River Police Chief Albert F. Dupere; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William Gross; Bridgewater Police Chief Christopher Delmonte; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Ted Heinrich of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Boston Woman Pleads Guilty to Role in $2.7 Million Bank Fraud SchemeRead the Press Release
BOSTON – A Boston woman pleaded guilty yesterday in federal court in Boston for her role a scheme to embezzle more than $2.7 million from Bank of America using fraudulent donations to non-profit organizations.
Brianna Alexis Forde, 36, pleaded guilty to one count of conspiracy to commit wire fraud and two counts of wire fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 2, 2019. In May 2017, Forde was indicted with co-conspirators Palestine Ace, a/k/a Pam Ace, 46, a former Senior Vice President of Bank of America’s Global Wealth & Investment Management Division, and her husband, Jonathan R. Ace, 46.
From approximately October 2010 to April 2015, the defendants engaged in an embezzlement and kickback scheme to defraud Bank of America of approximately $2.7 million using fraudulent donations to non-profit organizations. As part of the scheme, Palestine Ace used her position as a Senior Vice President at Bank of America to misappropriate funds from a marketing budget and transfer the money to non-profit organizations. Specifically, Palestine Ace authorized 75 transactions, each under $50,000, to non-profit organizations in Boston and Atlanta. Then, the defendants, either directly or indirectly, informed the non-profit organizations that a substantial portion of the donated funds must be returned in order to ensure that Bank of America would continue to fund the organization. The non-profit organizations either wrote a check to Jonathan Ace or Forde, or they returned funds to a Bank of America account, to which the defendants had access. On various occasions, Jonathan Ace pressured the recipients of the donated funds to return a higher percentage of the funds to him, by using intimidation and threats of public humiliation.
Palestine and Jonathan Ace used a portion of the funds they embezzled from Bank of America to support their lifestyle and pay for personal expenses, including lavish birthday parties and the purchase of a $17,000 Kawasaki motorcycle.
On Nov. 14, 2018, Palestine Ace was sentenced to one year and one day in prison, two years of supervised release and ordered to pay restitution of $2,778,000 after pleading guilty in February 2018 to one count of conspiracy to commit bank fraud, five counts of wire fraud, and 12 counts of bank fraud. On Nov. 15, 2018, Jonathan Ace was sentenced to two years in prison, two years of supervised release and ordered to pay restitution of $1,855,000 after previously pleading guilty to one count of conspiracy to commit bank fraud, three counts of wire fraud, and one count of engaging in an unlawful monetary transaction.
The charges of wire fraud and conspiracy each provide for a sentence of no greater than 20 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William Gross; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Neil J. Gallagher of Lelling’s Securities and Financial Fraud Crimes Unit prosecuted the case.
Plymouth Man Sentenced to Prison for Cyberstalking CampaignRead the Press Release
BOSTON – A Plymouth man was sentenced today in federal court in Boston for anonymously stalking three women by text message and social media, including one woman he stalked throughout the 14-months they dated.
Joseph Kukstis, 29, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 41 months in prison and three years of supervised release, during which his computer and internet use will be subject to permission and monitoring. The Court deferred the issue of restitution until a hearing scheduled for Dec. 6, 2018. In August 2018, Kukstis pleaded guilty to three counts of stalking by electronic means. He was arrested and charged in April 2018 and has been in federal custody since.
From August 2015 until February 2018, Kukstis targeted a woman he was dating through an anonymous harassment campaign, whereby he sent the victim hundreds of degrading text messages, many of which urged her to kill herself, and threatened that her harasser would come to her home. Kukstis also sent private, intimate pictures of the victim to her friends and acquaintances through a “spoofed” Instagram account he created in her name. In addition, Kukstis harassed men who he believed were romantically involved with the woman. Kukstis also attempted to obtain unauthorized access to the victim’s social media accounts. In addition, Kukstis sent himself harassing messages that he then shared with the victim, purportedly as proof to her that he, too, was a victim of the stalking. In January 2018, Kukstis sent an e-mail from an account in his own name to the victim, saying: “it was me the entire time, I hate myself for it.”
In connection with his plea, Kukstis admitted to cyberstalking four other girlfriends and acquaintances. These included a friend from elementary school who he attempted to drive apart from her then boyfriend. Kukstis sent the victim anonymous text messages stating that she was fat, worthless, and that she should kill herself.
Kukstis also cyberstalked another woman with whom he was in a romantic relationship. In early 2013, Kukstis texted the victim and her friends from anonymous phone numbers, calling her names and harassing her. He also attempted to access the victim’s email and social media accounts. The victim obtained a civil restraining order against Kukstis in February 2013.
In 2014, Kukstis was in a romantic relationship with another woman who he texted posing as her childhood crush and solicited intimate pictures of her. When she complied, Kukstis (posing as the childhood crush) threatened to tell Kukstis about this “betrayal” if she didn’t confess herself. In November 2014, as a result of these and similar encounters, the victim ended her relationship with Kukstis and obtained a civil restraining order against him. Kukstis repeatedly violated the restraining order by contacting and anonymously harassing the victim.
In November 2017, Kukstis began messaging with another woman via Instagram, Snapchat, and text message. He sent the victim anonymous text messages through Pinger, including messages in which he posed as the victim’s ex-boyfriend, against whom she had a civil restraining order. When the victim confronted Kukstis for impersonating her ex-boyfriend, Kukstis responded in a text messages stating: “You’re fat this was funny you suck;” “Glad your day is ruined;” and “Kill yourself [Jane Doe C].”
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Cybercrime Unit prosecuted the case.
Pennsylvania Man Charged with Transporting Stolen Electronics Across State LinesRead the Press Release
BOSTON – A Pennsylvania man was charged in federal court in Worcester today in connection with transporting stolen electronics across state lines. Defendant allegedly broke into Target stores in Easton and Westborough, Mass, and in Pennsylvania and Connecticut.
Elijah Aiken, 35, of Allentown, Penn., was charged with one count of conspiring to transport stolen goods in interstate commerce and two counts of interstate transportation of stolen goods. Aiken appeared in federal court in Worcester today and was ordered detained.
From December 2014 until February 2015, Aiken allegedly conspired with others to break into numerous Target retail stores during early morning hours, usually by using portable blow torches to cut through the metal loading-dock doors at the rear of the stores. Once inside the Target stores, Aiken and his co-conspirators stole electronic devices valued at hundreds of thousands of dollars, including cellular phones and computer tablets. Aiken and his co-conspirator successfully burglarized Target stores in Easton and Westborough, Mass., as well as in Pennsylvania and Connecticut. Aiken transported the stolen electronics across state lines in order to sell them to buyers located in New York.
The charge of interstate transportation of stolen goods, provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution in an amount determined by the court. The charge of conspiracy to transport stolen goods in interstate commerce, provides for a sentence of no greater than five years in prison, up to three years of supervised release, a fine of up to $250,000, and restitution as determined by the court. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
MS-13 Member Sentenced to 15 Years in Federal PrisonRead the Press Release
BOSTON – A member of MS-13’s Eastside Loco Salvatrucha (ESLS) clique was sentenced today in federal court in Boston for RICO conspiracy.
Erick Argueta Larios, a/k/a “Lobo,” 33, a Salvadoran national illegally residing in the U.S., was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 15 years in prison and three years of supervised release. In February 2018, Larios and two other MS-13 members, Herzzon Sandoval, a/k/a “Casper,” 36, and Edwin Guzman, a/k/a “Playa,” 32, were convicted by a federal jury of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. A fourth MS-13 member, Cesar Martinez, a/k/a “Cheche,” 37, was convicted at the same trial of conspiracy to possess with intent to distribute 500 grams or more of cocaine.
MS-13 was identified as a violent transnational criminal organization whose branches, or “cliques,” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence, specifically against rival gang members, to gain membership in and be promoted within the gang. Guzman and Sandoval were the leaders, also known as the “first word,” and “second word,” of the ESLS clique in Massachusetts.
On Sept. 20, 2015, Joel Martinez, a/k/a “Animal,” murdered a 15-year-old boy in East Boston. On Jan. 8, 2016, as a reward for the 2015 murder, Joel Martinez was promoted by the gang to “homeboy” status with a 13-second beat-in by other MS-13 members at an ESLS meeting that Guzman, Sandoval, Martinez, and Argueta Larios attended.
In May 2018, Joel Martinez was sentenced to 40 years in prison and two years of supervised release after pleading guilty to RICO conspiracy involving murder. In October 2018, Sandoval was sentenced to 20 years in prison and two years of supervised release. In November 2018, Guzman was sentenced to 16 years in prison and three years of supervised release. Martinez is scheduled to be sentenced on Nov. 28, 2018.
Argueta Larios was one of 49 defendants convicted as part of this case. All nine defendants who went to trial were convicted and 40 others pleaded guilty. In all, 16 defendants, including Joel Martinez, were found to have committed or knowingly participated in murders.
United States Attorney Andrew E. Lelling; Harold H. Shaw, 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; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Georgia Man Charged with Social Security and Wire FraudRead the Press Release
BOSTON – A Georgia man will appear in federal court in Springfield today to face charges connected with his submission of a fraudulent application for employment at a Western Massachusetts hospital.
Fabrizio I. Pluchino, a/k/a “Fabrizio Pulchino,” 55, of Atlanta, Georgia, was indicted by a federal grand jury in Springfield on Oct. 25, 2018, on one count of using a falsely obtained Social Security number and one count of wire fraud. Pluchino will appear in federal court in Springfield today at 2:00 p.m.
According to the indictment that was unsealed today, Pluchino was assigned a Social Security number in 1988 and subsequently falsely obtained two additional Social Security numbers in 1991 and 2000, respectively. Around November 2013, Pluchino used one of his falsely obtained Social Security numbers on pre-employment documents when he applied to be a Cardiac Surgical Technologist at a Western Massachusetts hospital. He also falsely represented his work history and provided two false employment references. As a result, the hospital hired Pluchino for the position and paid Pluchino more than $190,000 in wages during his employment.
The charge of use of a falsely obtained Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a $250,000 fine. The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office 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.
Corrections Officer Arrested for Scheme to Smuggle Opioids into MCI-NorfolkRead the Press Release
BOSTON – A corrections officer at the Massachusetts Correctional Institute facility in Norfolk (MCI-Norfolk) was arrested today and charged in connection with conspiracy to smuggle Suboxone strips into the facility for an inmate.
Steven J. Frazer, 29, of Cumberland, R.I., was arrested today and charged in a criminal complaint with one count of conspiracy to possess a controlled substance with intent to distribute. Frazer, an employee of the Massachusetts Department of Correction, will appear this afternoon before Magistrate Judge Donald L. Cabell.
Beginning around Nov. 14, 2018, it is alleged that Frazer began arranging 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 addicts abuse it to get high. It is coveted as contraband in prisons across the nation and particularly in New England.
According to court documents, 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 and a fine of $500,000. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Thomas A. Turco 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.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Whitinsville Woman Charged with Conspiring to Distribute AdderallRead the Press Release
BOSTON – A Whitinsville woman was charged in federal court in Boston with multiple drug offenses relating to a conspiracy to distribute the amphetamine Adderall.
Meghan Giacomuzzi, 36, was charged by Information with one count of conspiracy to distribute and to possess with intent to distribute Adderall and six counts of distributing and dispensing Adderall.
According to court documents, Giacomuzzi conspired with others between approximately October 2016 and February 2018 to distribute Adderall, an amphetamine, for uses other than a legitimate medical purpose and not in the usual course of medical practice.
The charge of conspiracy to distribute, dispense, and possess with intent to distribute Adderall carries a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. The charge of distributing, dispensing, and possessing with the intent of distributing Adderall also carries a sentence of up to 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 Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering 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.
Somerville Man Pleads Guilty to Assaulting Two Federal OfficersRead the Press Release
BOSTON - A Somerville man pleaded guilty yesterday in federal court in Boston to assaulting two federal officers.
Jessi Tombari, 34, pleaded guilty to an Information charging him with assaulting two federal officers. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for March 7, 2019. Tombari has been in custody since his arrest in April 2018.
On the afternoon of April 23, 2018, an individual, later identified as 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.
Tombari faces a sentence of up to eight 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; 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 is prosecuting the case.
Fugitive Apprehended in North CarolinaRead the Press Release
BOSTON – A convicted fraudster who had been on the run since early November was arrested this morning as he exited a hotel in Charlotte, N.C.
David J. Aubel, 60, of Matthews, N.C., was apprehended today after failing to appear for his sentencing hearing in federal court in Boston on Nov. 5, 2018. Aubel was detained today following an initial appearance in federal court in Charlotte, N.C. A date for his sentencing hearing in Massachusetts has not yet been rescheduled.
In November 2017, Aubel pleaded guilty to conspiracy, securities fraud, and wire fraud in connection with his role in a stock manipulation scheme. According to court documents, Aubel repeatedly failed to appear for multiple sentencing hearings scheduled throughout September and October 2018. Each time, Aubel informed the Court either telephonically or through counsel that his father was in poor health and that he was at his bedside. The Court rescheduled Aubel’s sentencing hearing for Oct. 18, 2018; however, Aubel once again failed to appear at that hearing – informing the Court through counsel that he had been hospitalized the night before. The Court issued an arrest warrant at the government’s request; however, the warrant was later recalled. Aubel’s sentencing was then rescheduled for Nov. 5, 2018.
On the morning of Nov. 5, 2018, the government opposed a motion for self-surrender filed by Aubel. In its opposition, the government disclosed for the first time that it had recently discovered evidence suggesting that Aubel had continued to engage in criminal conduct while released on bail. Aubel subsequently failed to appear at the sentencing hearing later that day.
United States Attorney Andrew E. Lelling; Gregory Allyn Forest, U.S. Marshal of the Western District of North Carolina; John Gibbons, U.S. Marshal of the District of Massachusetts; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities & Financial Fraud Unit, and Special Assistant U.S. Attorney Andrew Palid of the Securities and Exchange Commission are prosecuting the case.
Bank Executive and Husband Sentenced after Embezzling $2.7 MillionRead the Press Release
BOSTON – A former Senior Vice President at Bank of America and her husband were sentenced in federal court in Boston for embezzling more than $2.7 million from the bank using fraudulent donations to non-profit organizations.
Palestine Ace, a/k/a Pam Ace, 45, a former Senior Vice President of Bank of America’s Global Wealth & Investment Management Division, was sentenced on Nov. 14, 2018, by U.S. District Court Judge Allison D. Burroughs to one year and one day in prison, two years of supervised release and ordered to pay restitution of $2,778,000. Her husband, Jonathan R. Ace, 46, was sentenced yesterday by Judge Burroughs to two years in prison, two years of supervised release and ordered to pay restitution of $1,855,000. In February 2018, Palestine Ace pleaded guilty to one count of conspiracy to commit bank fraud, five counts of wire fraud, and 12 counts of bank fraud; Jonathan Ace pleaded guilty to one count of conspiracy to commit bank fraud, three counts of wire fraud, and one count of engaging in an unlawful monetary transaction.
From approximately October 2010 to April 2015, the couple engaged in an embezzlement and kickback scheme to defraud Bank of America of approximately $2.7 million using fraudulent donations to non-profit organizations. As part of the scheme, Palestine Ace used her position as a Senior Vice President at Bank of America to misappropriate funds from a marketing budget and transfer the money to non-profit organizations. Specifically, Palestine Ace authorized 75 transactions, each under $50,000, to non-profit organizations in Boston and Atlanta. Then, the couple, either directly or indirectly, informed the non-profit organizations that a substantial portion of the donated funds had to be returned in order to ensure that Bank of America would continue to fund the organization. The non-profit organizations either wrote a check to Jonathan Ace or a co-conspirator, or they returned funds to a Bank of America account, to which the couple had access. On various occasions, Jonathan Ace pressured the recipients of the donated funds to return a higher percentage of the funds to him, by using intimidation and threats of public humiliation.
Palestine and Jonathan Ace used a portion of the funds they embezzled from Bank of America to support their lifestyle and pay for personal expenses, including lavish birthday parties and the purchase of a $17,000 Kawasaki motorcycle.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William Gross; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Neil J. Gallagher of Lelling’s Securities and Financial Fraud Crimes Unit prosecuted the case.
Salvadoran National Charged with Distribution of FentanylRead the Press Release
BOSTON – A Salvadoran national was charged in federal court in Boston in connection with a law enforcement seizure of 15 kilos of fentanyl discarded on the side of a road in Sturbridge.
Nelson Garcia Martinez, 37, a Salvadoran national residing in Stockton, Calif., was charged with one count of distribution of 400 grams or more of fentanyl. Garcia Martinez is in custody pending a detention and probable cause hearing.
According to the charging document, Garcia Martinez was arrested on Nov. 13, 2018, after federal agents conducting surveillance at a rest stop in Sturbridge allegedly observed Garcia Martinez meet with two unidentified individuals outside of Garcia Martinez’s tractor trailer. When the two unidentified individuals left the area, law enforcement attempted to stop their vehicle, but they fled. When they did finally pull to the side of the road, the passenger exited the car and discarded a vacuum sealed garment bag and then fled into the surrounding woods, while the driver of the car left the scene at high speed. The garment bag burst open on the ground, and agents recovered 15 kilograms of a substance that tested positive for fentanyl. Garcia Martinez consented to a search of his tractor trailer, where vacuum sealed bags matching the one discarded on the side of the road were recovered.
Law enforcement were led to Garcia Martinez after discovering a phone number, allegedly later determined to be associated with Garcia Martinez, that was believed to be used by a drug transporter related to an October 2018 seizure of 32 kilos of fentanyl in Methuen.
Garcia Martinez faces a mandatory minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release, and a fine of up to $10 million. He will also be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Somerville, Medford, Boston, Ipswich, and Arlington Police Departments. Assistant U.S. Attorney Katherine Ferguson of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mexican National Indicted for Murder Aboard Fishing Vessel 55 Miles Off Massachusetts CoastRead the Press Release
BOSTON – A federal grand jury has indicted a Mexican national in connection with a murder aboard a fishing vessel off the coast of Massachusetts.
Franklin Freddy Meave Vazquez, 27, was indicted today on one count of murder in the second degree, one count of attempted murder, and one count of assault with a dangerous weapon. Meave Vazquez was arrested and charged by complaint on Sept. 24, 2018, and has been detained since.
On Sept. 23, 2018, the fishing vessel, Captain Billy Haver, was sailing approximately 55 miles off the coast of Massachusetts with seven crew members aboard, including Meave Vazquez. It is alleged that at some point in the afternoon, Meave Vazquez assaulted a crew member on board with a hammer in one hand and a knife in the other. The victim then saw that another crew member was lying on the deck bleeding. Meave Vazquez then struck a third crew member with the hammer. It is further alleged that Meave Vazquez then climbed up the mast of the ship as the others onboard tried to capture him.
The captain of the ship placed a call on the distress channel, to which a German cruise ship, the Mein Schiff 6, responded. Two of the wounded were taken aboard the cruise ship, where one victim was pronounced dead by the ship’s doctor.
According to court documents, Meave Vazquez is illegally present in the United States. On March 9, 2018, he was arrested in Newport News, Va., for abduction by force, intimidation, or deception, and released on bond.
The charge of second degree murder provides for a sentence of up to life in prison, five years of supervised release, and a fine of $250,000. The charge of attempted murder provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. The charge of assault with a dangerous weapon provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Vazquez will be subject to 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; Richard D. Cox, Special Agent in Charge of the U.S Coast Guard Investigative Services Northeast Region; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorneys Christine Wichers and Laura J. Kaplan of Lelling’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
MS-13 Leader Sentenced to 16 Years in Prison for RICO ConspiracyRead the Press Release
BOSTON – The leader of MS-13’s Eastside Loco Salvatrucha (ESLS) clique was sentenced today in federal court in Boston for RICO conspiracy.
Edwin Guzman, a/k/a “Playa,” 32, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 16 years in prison and three years of supervised release. In February 2018, Guzman and two other MS-13 members, Herzzon Sandoval, a/k/a “Casper,” 36, and Erick Argueta Larios, a/k/a “Lobo,” 33, were convicted by a federal jury of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. A fourth MS-13 member, Cesar Martinez, a/k/a “Cheche,” 37, was convicted at the same trial of conspiracy to possess with intent to distribute 500 grams or more of cocaine.
According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches, or “cliques,” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence, specifically against rival gang members, to gain membership in and be promoted within the gang. Guzman and Sandoval were the leaders, also known as the “first word,” and “second word,” of the ESLS clique in Massachusetts.
On Sept. 20, 2015, Joel Martinez, a/k/a “Animal,” murdered a 15-year-old boy in East Boston. On Jan. 8, 2016, as a reward for the 2015 murder, Joel Martinez was promoted by the gang to “homeboy” status with a 13-second beat-in by other MS-13 members at an ESLS meeting that Guzman, Sandoval, Martinez and Argueta Larios attended.
In May 2018, Joel Martinez was sentenced to 40 years in prison and two years of supervised release after pleading guilty to RICO conspiracy involving murder. In October 2018, Sandoval was sentenced to 20 years in prison and two years of supervised release. Argueta Larios and Martinez are scheduled to be sentenced on Nov. 19, 2018, and Nov. 28, 2018, respectively.
Guzman was one of 49 defendants convicted as part of this case. All nine defendants who went to trial were convicted and 40 others pleaded guilty. In all, 16 defendants, including Joel Martinez, were found to have committed or knowingly participated in murders.
United States Attorney Andrew E. Lelling; Harold H. Shaw, 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; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Dual/Iranian Canadian National Sentenced for International Money LaunderingRead the Press Release
BOSTON – A dual citizen of Iran and Canada was sentenced yesterday in federal court in Boston for international money laundering.
Omid Mashinchi, 35, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to two years in prison, one year of supervised release, ordered to pay a $20,000 fine, and a personal money judgment of approximately $7,616. In July 2018, Mashinchi pleaded guilty to five counts of international money laundering. He was charged in a sealed indictment in January 2018 and arrested in April 2018, when he flew to the United States; he has been in federal custody since.
On five occasions in 2017, Mashinchi transferred funds from a bank in Vancouver, British Columbia, Canada, to a bank in Boston knowing that the money was derived from drug trafficking. On Jan. 28, Mashinchi transferred $37,794; on July 28 he made two transfers, one for $49,915 and another for $49,445; and on Aug. 3, he made two more transfers, one for $49,930 and another in the amount of $49,645.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Doctor and Former Employee Indicted for Conspiring to Distribute AdderallRead the Press Release
BOSTON – An Uxbridge doctor and her former employee were arrested today and charged in federal court in Boston in connection with a federal drug conspiracy involving the amphetamine Adderall.
Leslie Caraceni M.D., 56, of Uxbridge, was indicted on one count of conspiracy to distribute and to possess with intent to distribute Adderall and three counts of distributing and dispensing Adderall. Rene Ruliera, 51, of Southborough, was indicted on one count of conspiracy to distribute and to possess with intent to distribute Adderall, and four counts of distributing and possessing with intent to distribute Adderall. Caraceni and Ruliera were arrested today and will appear in federal court in Boston this afternoon.
According to the indictment unsealed today, between March 2016 and February 2018, Caraceni and Ruliera conspired with one another and others to distribute Adderall, an amphetamine, for reasons other than for a legitimate medical purpose and not in the usual course of medical practice.
Each charge 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Uxbridge Police Chief Marc Montminy; and Southborough Police Chief Kenneth Paulhus made the announcement. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former State Street Executive Sentenced for Scheme to Defraud Clients Through Secret Trading CommissionsRead the Press Release
BOSTON – A former senior managing director of State Street Corporation was sentenced today in federal court in Boston in connection with engaging in a scheme to defraud at least six of the bank’s clients through secret commissions applied to billions of dollars of securities trades.
Edward Pennings, 47, of Surrey, England, a former senior managing director of State Street and the head of its Portfolio Solutions Group for Europe, the Middle East and Africa, was sentenced by U.S. District Court Judge Leo T. Sorokin to six months in prison. In June 2017, Pennings pleaded guilty to one count of conspiracy to commit securities fraud and wire fraud.
In October 2018, co-defendant Ross McLellan, 47, of Hingham, was sentenced to 18 months in prison and two years of supervised release after being convicted by a federal jury of one count of conspiring to commit securities fraud and wire fraud, two counts of securities fraud and two counts of wire fraud. Richard Boomgaardt, 44, of Sevenoaks, England, a former managing director of State Street, who was charged separately for his involvement in the scheme, pleaded guilty in July 2017 to one count of conspiracy to commit securities fraud and wire fraud was sentenced in July 2018 to one year of probation.
Between February 2010 and September 2011, Pennings, McLellan, and Boomgaardt conspired to add secret commissions to fixed income and equity trades performed for six clients of the bank’s “transition management” business, which helps institutional clients move their investments between and among asset managers or liquidate large investment portfolios. The commissions were charged on top of fees that the clients had agreed to pay to the bank, and despite written instructions to the bank’s traders that generally reflected that the clients were not to be charged trading commissions. Pennings, McLellan, and Boomgaardt took steps to hide the commissions from the clients and others within the bank, including by directing that the commissions not be broken out in post-trade reports.
In June 2011, when one of the affected clients inquired about whether it had, in fact, been charged commissions in breach of its agreement with the bank, Pennings initially denied that any commissions had been charged. Later, at McLellan’s direction, Pennings acknowledged only that “inadvertent commissions” had been applied to securities traded in the United States, but did not disclose that they had, in fact, been intentionally charged in both the United States and in Europe. Pennings and McLellan sought to mislead the bank’s compliance staff into believing that the commissions had been charged in error and that the amount of the overcharges was limited to the commissions applied on U.S. securities.
United States Attorney Andrew E. Lelling; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Valuable assistance was provided by the Securities & Exchange Commission and the Justice Department’s Office of International Affairs. Assistant U.S. Attorney Stephen E. Frank, Chief of Lelling’s Securities and Financial Fraud Unit, and Trial Attorney William Johnston of the Criminal Division’s Fraud Section prosecuted the case.
Former Canton Resident Extradited from Ireland Pleads Guilty to Mortgage Fraud ChargesRead the Press Release
BOSTON – A dual U.S.-Irish citizen pleaded guilty yesterday in federal court in Boston to charges arising out of a multi-year mortgage fraud scheme.
Patrick Lee, 45, formerly of Canton and Easton, pleaded guilty to wire fraud and making an unlawful monetary transaction. Chief U.S. District Judge Patti B. Saris scheduled sentencing for Feb. 28, 2019. Lee was extradited from Ireland to the United States last year to face the charges. It was Ireland’s first extradition to the United States since 2012.
Between July 2005 and May 2007, Lee engaged with others in a mortgage fraud scheme. Specifically, Lee or a relative bought five multi-family buildings in Dorchester and South Boston, financed those purchases with fraudulently obtained mortgage loans, and quickly converted the buildings to condominiums which facilitated the resale of individual units in the buildings to straw buyers. The straw buyers were recruited for this purpose and their purchases were financed with fraudulently obtained mortgage loans. The straw buyers were assured that they would not have to put any money down or pay the mortgages, and that they would get a fee at closing and/or a share of the profits when the properties were sold. The loans were funded with interstate wire transfers from the mortgage lenders to the closing attorneys’ conveyancing accounts, and the proceeds were then distributed to Lee and/or a family member, the recruiters, and others involved in the scheme. According to the government, mortgage lenders suffered losses of more than $1.5 million.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of unlawful monetary transactions provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the amount of criminally derived property. 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; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office, made the announcement today. Assistant U.S. Attorneys Sandra S. Bower and Christine Wichers of Lelling’s Criminal Division are prosecuting the case.
Dominican National Sentenced for Illegal Reentry of a Deported AlienRead the Press Release
BOSTON – A Dominican national pleaded guilty and was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Rafael Alcantara, 45, a Dominican national residing in Dorchester, pleaded guilty to one count of illegal reentry of a deported alien before U.S. District Court Senior Judge Rya W. Zobel, who sentenced Alcantara to time served (approximately three and a half months) and one year of supervised release. Alcantara will be subject to deportation proceedings.
On July 26, 2018, law enforcement encountered Alcantara and determined him to be illegally present in the United States. Alcantara was previously deported on June 5, 2010.
United States Attorney Andrew E. Lelling and Todd M. 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 Patrick Callahan of Lelling’s Criminal Division prosecuted the case.
Dominican National Indicted for Distributing FentanylRead the Press Release
BOSTON – A Dominican national was indicted today in federal court in Boston for distribution of fentanyl.
Santo Eulgio Baez-Calbojal, 47, was indicted on one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl. Baez-Calbojal was arrested and charged by complaint in October 2018 during a federal law enforcement sweep in and around the City of Lawrence. He has been in custody since.
On Aug. 24, 2017, Baez-Calbojal is alleged to have sold 50 grams of fentanyl to an undercover officer working in Haverhill.
The charge of distribution of and possession with intent to distribute 40 grams or more of fentanyl provides for a mandatory minimum sentence of five years and no greater than 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; and Haverhill Police Chief Alan DeNaro made the announcement. Assistance was provided by the Methuen Police Department. 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Indicted for Unlawful Possession of Firearms and AmmunitionRead the Press Release
BOSTON – A North Brookfield man was charged today in federal court in Worcester with unlawfully possessing firearms and ammunition.
Seth Decoteau, 36, was indicted on one count of possession of a firearm by a convicted felon and one count of possession of an unregistered firearm.
The indictment alleges that on June 8, 2018, Decoteau possessed a 20 gauge bolt action shotgun, a 12 gauge shotgun, a .22 caliber bolt action rifle, a short-barreled rifle, a silencer, and approximately 1,225 rounds ammunition. Decoteau is prohibited from possessing a firearm due to a prior felony conviction.
The charge of being a felon in possession of a firearm provides for a sentence of no greater than 10 years in prison, a minimum of one year and no greater than three years of supervised release, and a fine of up to $250,000. The charge of possession of an unregistered firearm provides for a sentence of no greater than 10 years in prison, a minimum of one year and no greater than three years of supervised release, and a fine of up to $10,000. 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; Lawrence J. Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and North Brookfield Police Chief of Police Mark Smith made the announcement. Assistant U.S. Attorneys Elysa Q. Wan, of Lelling’s Criminal Division, and Greg A. Friedholm, Chief of Lelling’s Worcester Branch Office, are 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.
Haverhill Man Sentenced for Bank RobberyRead the Press Release
BOSTON – A Haverhill man was sentenced to probation today in federal court in Boston for robbing a branch of Santander Bank in Boston. At the time of his arrest, the defendant was on probation for a prior bank robbery conviction in federal court. The Government sought a sentence of more than 12 ½ years in prison.
Gregory Carter, 61, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to five years of probation and ordered to pay $6,129 in restitution. The Government had recommended a sentence of 151 months in prison. In August 2017, Carter pleaded guilty to one count of unarmed bank robbery. Carter was arrested and charged in May 2017. Since 1974, Carter has been sentenced to prison 10 times.
On March 25, 2017, an individual, later determined to be Carter, dressed in a black hat, ski mask, sunglasses, and wearing blue latex gloves entered a branch of the Santander Bank on Commonwealth Avenue in Boston. Once inside the bank, Carter passed a note to a teller indicating that he had a gun and demanded the bank’s money. The teller handed Carter $6,127, and Carter fled the bank.
Law enforcement collected the bank’s various surveillance camera footage and determined that Carter was the individual involved in the robbery. Carter, who, at the time of the robbery was on federal supervised release stemming from a 2003 bank robbery conviction, for which he received a 151 month federal prison sentence, has multiple prior criminal convictions and has been sentenced to prison 10 times since 1974.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Somerville Police Chief David Fallon; Haverhill Police Chief Alan DeNaro; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Guatemalan National Sentenced for Illegal Reentry after DeportationRead the Press Release
BOSTON - A Guatemalan national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Julio Cantoral Monterroso, 39, a Guatemalan national previously residing in Great Falls, R.I., was sentenced by U.S. District Court Judge F. Dennis Saylor IV to seven months in prison. Monterroso will be subject to deportation upon completion of his sentence. In August 2018, Monterroso pleaded guilty today to one count of illegal reentry of a deported alien.
On May 17, 2018, law enforcement officers in Dedham encountered Monterroso and determined him to be illegally present in the United States. Monterroso was previously deported on Aug. 21, 2002, and again on May 12, 2011.
United States Attorney Andrew E. Lelling and Todd M. 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 David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.
Former Biopharma Statistical Programmer Sentenced for Insider TradingRead the Press Release
BOSTON – An employee of a Cambridge-based biopharmaceutical company was sentenced today in federal court in Boston for engaging in an insider trading scheme.
Songjiang Wang, 54, of Westford, the Director of Statistical Programming at a Cambridge-based biopharmaceutical company, was sentenced by U.S. District Court Judge Indira Talwani to six months in prison and one year of supervised release. Judge Talwani also ordered Wang to pay a $50,000 fine and scheduled a forfeiture and restitution hearing in the matter for Nov. 30, 2018. In July 2018, a federal jury convicted Wang of one count of conspiracy to commit securities fraud and two count of securities fraud. Co-defendant Schultz “Jason” Chan, 54, of Newton, the Director of Biostatistics at a different biopharmaceutical company, was convicted of one count of conspiracy to commit securities fraud and three counts of securities fraud. On Nov. 5, 2018, he was sentenced to three years in prison and one year of supervised release.
From August 2013 to September 2015, Wang and Chan, who were friends, conspired to commit securities fraud by trading insider information regarding successful clinical drug trials at their respective companies. Specifically, Wang traded on inside information Chan provided regarding a clinical study conducted by Chan’s employer. In addition, over a period of several months, Wang tipped Chan of clinical trial results for a drug being developed by his employer. Furthermore, Wang gave Chan cash, which Chan used to purchase stock shares of Wang’s employer. Chan subsequently sold those shares and paid back Wang.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities and Exchange Commission. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, and Assistant United States Attorney Kriss Basil, also of the Securities and Financial Fraud Unit, prosecuted the case.
Dominican National Sentenced for Passport FraudRead the Press Release
A Dominican national illegally residing in the United States using false identities was sentenced today in federal court in Boston for passport fraud.
Alejandro Valera, 40, a Dominican national formerly residing in Mattapan, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to nine months in prison. Valera will be subject to deportation upon completion of his sentence. In August 2018, Valera pleaded guilty to knowingly making false statements in applying for a U.S. Passport.
On Nov. 10, 2011, Valera, using the name, date of birth and Social Security number of a U.S. citizen from Puerto Rico, submitted a fraudulent application in which he also falsely stated that he had never used any other names or had ever previously applied for a passport. Valera had previously unsuccessfully applied for a passport in 2002 using the same false identity. According to court records, over the last 20 years, Valera has been convicted of numerous crimes in state court in Massachusetts under various false identities.
United States Attorney Andrew E. Lelling; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Theodore Merritt of Lelling’s Major Crimes Unit prosecuted the case.
Salvadoran National Pleads Guilty to Illegal Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Salvadoran national pleaded guilty yesterday in federal court in Boston to illegal possession of a firearm and ammunition.
Juan Martinez Sola, 22, pleaded guilty to one count of being an illegal alien in possession of a firearm and ammunition. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Dec. 20, 2018. Martinez Sola was indicted in December 2017.
On Nov. 1, 2017, Martinez Sola, who unlawfully entered the United States in 2012, was arrested in possession of a loaded firearm in East Boston.
The charge of being an alien in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Martinez Sola will also face deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, 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; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Natick Man Arrested for Child PornographyRead the Press Release
BOSTON – A Natick man was arrested today and charged in federal court in Boston in connection with possessing child pornography.
Joshua Bemis, 28, was charged with one count of possession of child pornography. He appeared in federal court in Boston today and was ordered detained pending a detention hearing.
According to court documents, federal authorities received information from law enforcement in the United Kingdom about an individual whose IP address was traced to Bemis’ Natick residence, who had posted child pornography on a photo sharing website. Law enforcement subsequently executed a search warrant where they seized a laptop computer and separate hard drive, both of which contained hundreds of videos of children, including some that depict the rape of children as young as seven-years-old.
Bemis faces a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Natick Police Chief James G. Hicks made the announcement today. Assistant U.S. Attorney David G. Tobin is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
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.
Former Airline Gate Agent Arrested for Cheating Airline Ticketing SystemRead the Press Release
BOSTON – A Chelsea woman was arrested yesterday and charged in connection with using her position as an airline gate agent to convert low cost flights to more expensive flights and destinations for friends, family and acquaintances.
Tiffany Jenkins, 30, was charged in a criminal complaint unsealed yesterday with wire fraud. She was released on conditions following an initial appearance in federal court in Boston.
The complaint alleges that as a gate agent, Jenkins had access to the airline company’s computer reservation database and had the ability to use a special code, referred to as an involuntary exchange or “INVOL,” to change flights for customers at no additional cost. This code enables agents to change flights for customers who miss their flights or experience a death in the family.
During a 15-month period, from approximately July 1, 2016, through Sept. 27, 2017, Jenkins allegedly conducted approximately 505 involuntary ticket exchanges for more than 100 different passengers. Many of those exchanges occurred after the passenger was first booked on domestic flights at one of the airline company’s lowest available fares—often, roundtrip flights between Las Vegas, Nev., and Long Beach, Calif. A short time later, Jenkins exchanged those tickets for a completely different city pair, generally involving much more expensive international locations, for friends, family and acquaintances.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross loss or gain, 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; Harold H. Shaw, 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 Investigation in Boston, made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
Dominican National Charged with Aggravated Identity Theft and Stealing Government BenefitsRead the Press Release
BOSTON – A Dominican national was charged yesterday in federal court in Boston in connection with making false statements, stealing public money, and aggravated identity theft.
Daniel Polonia Morillo, 57, a Dominican national residing in Lawrence, was indicted on one count of false statement on an application for Social Security benefits, one count of false statement in an application and use of a passport, two counts of theft of public money, and one count of aggravated identity theft. Polonia Morillo was arrested and charged by criminal complaint during an October 2018 federal law enforcement sweep in and around the City of Lawrence.
According to the charging documents, Polonia Morillo used the name, Social Security number, and date of birth of another individual to apply for Social Security benefits in December 2016. At the time he applied, Polonia Morillo produced a United States passport in the other person’s name as proof of his identity. In addition, Polonia Morillo is charged with stealing over $40,000 in Medicaid benefits from March 2012 through October 2018, and over $4,000 in Food Stamps from April 2015 through October 2018.
Aggravated identity theft carries a mandatory sentence of two-years in prison that must run consecutively to any other sentence imposed, one year of supervised release, and a fine of $250,000. The charge of theft of public money provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of false statement for Social Security benefits 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 false statement in an application of a passport provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $25,000. Polonia Morillo will be subject to deportation proceedings. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
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.
Colombian National Charged with Illegal Reentry and Immigration FraudRead the Press Release
BOSTON – A Colombian national has been charged in federal court in Boston with illegally reentering the United States after deportation and immigration document fraud.
Guillermo Pineda Suarez, 56, was indicted on one count of illegal reentry of a deported alien, one count of possession and use of a false immigration document, and one count of false statements in an immigration document. Pineda Suarez is currently in state custody on unrelated charges.
According to the indictment, on May 22, 2014, Pineda Suarez made a false statement under oath in a United States Citizenship and Immigration Services Form I-9 Employment Eligibility Verification Form and used a counterfeit U.S. Permanent Resident Card. It is further alleged that on March 15, 2018, Pineda Suarez was encountered by law enforcement in Boston and determined to be unlawfully present in the United States. Pineda Suarez was previously deported on Nov. 9, 2001.
Each charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Pineda Suarez will be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Todd M. 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 Elianna J. Nuzum 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.
Two Dominican Nationals Plead Guilty to Fentanyl ConspiracyRead the Press Release
BOSTON – Two Dominican nationals pleaded guilty today to their roles in a conspiracy to distribute fentanyl.
Angel Milciades Santana Polanco, 31, and Julio Cesar Baez, 49, pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute more than 400 grams or more of fentanyl. Baez also pleaded guilty to one count of possession with intent to distribute and distribution of more than 400 grams of fentanyl. U.S. District Court Judge F. Dennis Saylor IV scheduled Baez’s sentencing for Jan. 29, 2019, and Santana Polanco’s for Feb. 1, 2019.
According to court records, as part of an ongoing drug trafficking investigation, law enforcement agents intercepted telephones used by Wareng Jhonny Villar-Ortiz, 30, and Saul Martinez Escarfuller, 31, both of whom are also Dominican nationals, and determined that Villar-Ortiz was a mid-level drug distributor and that Martinez Escarfuller delivered a kilogram of drugs to Villar-Ortiz in late January 2018. In February 2018, Villar-Ortiz was dissatisfied with the quality of the drugs and made arrangements for Martinez Escarfuller to take them back. On Feb. 14, 2018, agents observed Martinez Escarfuller exit Villar-Ortiz’s apartment building, get into his car, and drive off. A short while later, Martinez Escarfuller stopped his car, and Baez exited the vehicle and entered a second vehicle. Law enforcement then stopped the second vehicle and seized approximately 789 grams of fentanyl from Baez.
In addition, the investigation revealed that Santana Polanco was typically a distributor for Villar-Ortiz, and that he also tested the quality of drugs received by Villar-Ortiz. Between Feb. 8 and Feb. 12, 2018, agents intercepted communications between Santana Polanco and Villar-Ortiz in which Santana Polanco offered to supply Villar-Ortiz with a kilogram of drugs. Villar-Ortiz took possession of the drugs in order to test the quality before deciding whether to purchase them. On Feb. 15, 2018, Villar-Ortiz reported that the drugs were unacceptable and made arrangements for Santana Polanco to retrieve them. Agents subsequently obtained a search warrant for Villar-Ortiz’s residence and seized 978.6 grams of fentanyl from a hiding spot in the bathroom wall.
Martinez Escarfuller and Villar-Ortiz have pleaded not guilty and are awaiting trial.
The charges of participating in a conspiracy to possess with intent to distribute at least 400 grams of fentanyl and to possess with intent to distribute at least 400 grams of fentanyl both provide for a sentence of at least 10 years and up to life in prison, up to a lifetime of supervised release, and a fine of up to $10 million. Santana Polanco and Baez will also face deportation proceedings upon completion of their sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Valuable assistance was provided by the Boston, Ipswich, and Arlington Police Departments. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
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.
New York Man Pleads Guilty to Failure to Register as a Sex OffenderRead the Press Release
BOSTON - A New York man, formerly residing in Massachusetts, pleaded guilty yesterday in federal court in Boston to failing to register as a sex offender.
Angel Luis Morales, 30, pleaded guilty to one count of failing to register as a sex offender before U.S. District Court Judge Indira Talwani, who scheduled sentencing for Feb. 7, 2019.
Between 2013 and 2014, Morales was convicted in Massachusetts of multiple sex offenses including open and gross lewdness and indecent assault and battery. These offenses involved multiple victims, and as a result, Morales was designated a Level III sex offender and required, among other things, to register for life with the Sex Offender Registry Board in any state in which he resided, worked, or attended school.
In 2017, Morales registered with the Sex Offender Registry Board in Massachusetts listing a Roxbury address. In March 2018, law enforcement in New York discovered that Morales had relocated to Rochester and had not updated his registration in New York or notified officials in Massachusetts of his relocation.
On May 18, 2018, Morales was arrested in Rochester and charged in the Western District of New York with failing to register as a sex offender. Morales was ordered detained without bail. He then requested that his case be transferred back to Massachusetts.
Morales faces a sentence of no greater than 10 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; United States Attorney for the Western District of New York James P. Kennedy Jr.; John Gibbons, U.S. Marshal for the District of Massachusetts; and Rochester (N.Y.) Police Chief Mark Simmons made the announcement. Assistant U.S. Attorney Kenneth G. Shine is prosecuting the case.
Roslindale Man Sentenced for Cocaine TraffickingRead the Press Release
BOSTON – A Roslindale man was sentenced yesterday in federal court in Boston for his role in a cocaine distribution operation on the South Shore.
Roberto Fonseca-Rivera, 43, was sentenced by U.S. District Court Judge Denise J. Casper to one year and one day in prison and three years of supervised release. On Sept. 11, 2017, Fonseca-Rivera pleaded guilty to conspiracy to possess with intent to distribute and to distribute cocaine
From January 2015 through July 18, 2016, Fonseca-Rivera and four co-defendants, Angel Morales, of Stoughton; Pablo Santiago-Cruz, of Roslindale; Carlos Reyes, of Framingham; and Jorge Montalvo, of Roxbury, received in the mail more than 30 suspicious packages believed to be cocaine. The packages were sent from Puerto Rico to various addresses in Canton, Stoughton, Quincy, and Framingham, where Fonseca-Rivera and Montalvo retrieved the packages for Morales and Montalvo, and Reyes retrieved the packages for Santiago-Cruz.
On July 18, 2018, a law enforcement officer stopped a vehicle driven by Reyes and seized a kilogram of cocaine that was hidden inside a toy oven that was in the trunk of Reyes’ vehicle. The next day, agents executed a search warrant at Santiago-Cruz’s apartment in Roslindale. Upon hearing the agents knock and announce their presence, Santiago-Cruz attempted to flush approximately 93 grams of cocaine down the toilet. When agents attempted to subdue Santiago-Cruz, he physically resisted and struck several of the officers.
Agents also executed a search warrant at Morales’ apartment in Stoughton and seized approximately $11,000 in cash, more than 100 grams of cocaine, a firearm with an obliterated serial number, and two magazines containing 15 rounds of ammunition each, a box containing an additional 10 rounds of ammunition, and various drug trafficking paraphernalia.
All five defendants have been convicted as part of the investigation. Morales was sentenced on Sept. 17, 2017, to eight years in prison. Montalvo pleaded guilty on Oct. 26, 2018, and is scheduled to be sentenced on Jan. 24, 2019. Pablo Santiago-Cruz, pleaded guilty on Sept. 25, 2018, and is scheduled to be sentenced on Feb. 14, 2019. Carlos Reyes, was convicted by a federal jury on Oc. 2, 2018, and is scheduled to be sentenced on Feb. 8, 2019.
United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Norfolk County District Attorney Michael W. Morrissey; and Stoughton Police Chief Donna McNamara made the announcement today. Assistant U.S. Attorneys James E. Arnold and Craig E. Estes of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Yerinaldo Arias Guzman, 31, pleaded guilty to one count of illegal reentry of a deported alien. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Feb. 6, 2019.
Law enforcement officers encountered Guzman on March 16, 2018, and determined him to be illegally present in the United States. Guzman was previously deported on June 20, 2017.
Guzman faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd M. 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 is prosecuting the case.
Woman Arrested for Stealing Social Security BenefitsRead the Press Release
BOSTON – An Orange, Mass., woman was arrested today and charged in federal court in Springfield in connection with stealing more than $65,000 in Social Security benefits.
Marie Coleman, 49, was charged in an indictment unsealed today with one count of concealing events affecting the right to payment of Social Security benefits. She will appear in federal court in Springfield this afternoon.
According to the indictment, Coleman served as the representative payee for an individual who was receiving Social Security benefits. Coleman failed to disclose that the individual stopped living with her in November 2008, and she continued to receive benefits on the individual’s behalf through January 2017. Coleman allegedly received more than $69,000 worth of Social Security benefits after the individual stopped living in her home.
The charge of concealing events affecting the right to payment of Social Security benefits provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Christopher Morgan of Lelling’s Springfield 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.
MS-13 Member Sentenced to over 20 Years in Prison for Role in 2015 MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston on charges of racketeering conspiracy involving murder.
Jose Andrade a/k/a “Inocente,” 27, a Salvadoran national, was sentenced by U.S. District Court Judge F. Denis Saylor IV to 268 months in prison and three years of supervised release. Andrade will also be subject to deportation proceedings upon completion of his sentence. In March 2018, Andrade pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO, and conspiracy to distribute marijuana.
Andrade was a member of the Everett Locos Salvatrucha, or ELS clique, of MS-13. As part of his plea, Andrade admitted that his racketeering activity, on behalf of MS-13, including his involvement in the murder of a teenager who was associated with MS-13 and wrongly suspected by the gang of cooperating with law enforcement. On July 5, 2015, the victim was murdered in Lawrence by Josue de Paz, a/k/a “Gato,” and another MS-13 member. Evidence showed that Andrade was involved in planning the murder and shared the intent to have the victim killed. The evidence also showed that Andrade was part of the original plan to kill the victim, but was unable to participate in the murder because he was arrested in June 2015. The gang then recruited de Paz to commit the murder.
Andrade was also charged with conspiracy to distribute marijuana after evidence revealed that he and other MS-13 members distributed marijuana on behalf of the gang.
On July 8, 2015, de Paz was arrested in Somerville in a raid that resulted in the recovery of a firearm, several large knives, photographs of MS-13 members flashing gang signs, and a large volume of MS-13 paraphernalia, including blue and white hats, bandanas and rosary beads. De Paz pleaded guilty to RICO conspiracy involving murder and is awaiting sentencing.
Andrade was one of 49 defendants convicted as part of this case. All nine defendants who went to trial were convicted and 40 others pleaded guilty. In all, 16 defendants, including de Paz, were found to have committed or knowingly participated in murders.
United States Attorney Andrew E. Lelling; Harold H. Shaw, 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; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Former Captain with Bristol County Sheriff’s Office Sentenced for Smuggling Profits to PortugalRead the Press Release
BOSTON – A former Captain with the Bristol County Sheriff’s Office was sentenced today in connection with helping Carlos Rafael, known as the Codfather in the fishing industry, and the owner of one of the largest commercial fishing businesses in the U.S., smuggle the profits of his illegal overfishing scheme to Portugal.
Jamie Melo, 46, of North Dartmouth, Mass., was sentenced by U.S. District Court Judge Denise J. Casper to one year of probation, with the first eight months to be served in home confinement. In June 2018, Melo was convicted by a federal jury of one count of conspiracy to commit offenses against the United States and one count of structuring the export of monetary instruments. The jury acquitted Melo of one count of bulk cash smuggling.
During the trial, evidence showed that while at Logan International Airport Melo asked his friends and travel companions to carry envelopes of cash for Rafael on a flight to the Azores in Portugal. At the time, Melo was an Administrative Captain with the Bristol County Sheriff’s Office and was traveling to the Azores with Rafael for a charity event sponsored by the Bristol County Sheriff’s Office. Prior to the flight, Melo asked three of his travel companions to follow him into the men’s bathroom at Logan Airport before going through the TSA Security Checkpoint. In the bathroom, Melo distributed four envelopes of cash to his companions, taking one for himself. Two days after arriving in Portugal, bank records demonstrate that Rafael deposited $76,000 in U.S. currency into his Portuguese bank account.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mark Tasky, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General, Office of Investigations, Philadelphia Field Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys Neil Gallagher and Justin O’Connell of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Biopharmaceutical Employee Sentenced for Insider TradingRead the Press Release
BOSTON – An employee of a Cambridge-based biopharmaceutical company was sentenced today in federal court in Boston for engaging in an insider trading scheme.
Schultz “Jason” Chan, 54, of Newton, the Director of Biostatistics at a Cambridge-based biopharmaceutical company, was sentenced by U.S. District Court Judge Indira Talwani to three years in prison and one year of supervised release. Judge Talwani also ordered the defendant to either pay a fine or forfeiture of $65,000 and restitution to be determined at a later date. In July 2018, Chan was convicted by a federal jury of one count of conspiracy to commit securities fraud and three counts of securities fraud. Co-defendant Songjiang Wang, 54, of Westford, the Director of Statistical Programming at a different biopharmaceutical company, was convicted during the same trial of one count of conspiracy to commit securities fraud and two count of securities fraud. Wang is scheduled to be sentenced on Nov. 13, 2018.
From August 2013 to September 2015, Wang and Chan, who were friends, conspired to commit securities fraud by trading insider information regarding successful clinical drug trials at their respective companies. Specifically, Wang traded on inside information Chan provided regarding a clinical study conducted by Chan’s employer. In addition, over a period of several months, Wang tipped Chan of clinical trial results of a Phase 3 clinical trial being conducted by his employer. Furthermore, Wang gave Chan cash, which Chan used to purchase stock shares of Wang’s employer. Chan subsequently sold those shares and paid back Wang.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities and Exchange Commission. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, and Assistant United States Attorney Kriss Basil, also of the Securities and Financial Fraud Unit, are prosecuting the case.
West Boylston Man Sentenced for Methamphetamine ConspiracyRead the Press Release
BOSTON – A West Boylston man was sentenced today in federal court in Worcester for his role in a methamphetamine conspiracy.
Brian Zukowski, 36, was sentenced today to 28 months in prison, three years of supervised release, and ordered to pay forfeiture of $4,850. In January 2018, Zukowski pleaded guilty to conspiring to distribute methamphetamine and to possess methamphetamine with intent to distribute.
In 2016 and 2017, Zukowski purchased methamphetamine from various suppliers for his own use and for resale to others, including individuals in Massachusetts and Florida, where Zukowski spent a significant amount of time. Zukowski also conspired with a Worcester man to obtain methamphetamine in Texas to be shipped back to New England and Florida, and he conspired with a Worcester man regarding the shipment of methamphetamine from Las Vegas to Massachusetts.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office prosecuted the case.
Owner of Charter Bus Company Arrested and Charged for Bribing Federal Safety InspectorRead the Press Release
BOSTON – The owner of a charter bus company operating in Massachusetts was arrested yesterday on charges of bribing a federal safety investigator in order to influence the safety review of the passenger buses. The safety manager of the company was previously arrested on the same charges.
Le Wen Wu, 49, and Yat Kuen Chan, aka “Andy,” 41, both of Quincy, were charged in an indictment unsealed yesterday with one count conspiracy to pay an unlawful gratuity and to bribe a public official, one count of unlawful gratuities to a public official, and three counts of bribery of a public official. Wu, the owner of the company, was released on conditions following an initial appearance yesterday before U.S. Magistrate Judge M. Page Kelly. Chan, the safety manager of the company, was arrested on a criminal complaint on Sept. 19, 2018, and has been released on conditions since that time. He is scheduled to be arraigned on Nov. 7, 2018.
As alleged in charging documents, L&W Travel Inc. was a passenger bus charter company purportedly located on Cambridge Street in Boston. Wu was the owner, president, treasurer, secretary, vice president and director of L&W, and Chan acted as the safety manager. In January 2018, L&W applied to register as a charter bus company with the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA, which is part of the U.S. Department of Transportation, establishes and enforces safe operating requirements for motor carriers, including mandatory safety audits within the first year of operation. Between January and July 2018, the FMCSA made several unsuccessful attempts to contact L&W to complete its registration process, including scheduling a safety inspection. In July 2018, having received no response from L&W, FMCSA sent them an Order revoking their registration and requiring L&W to cease all interstate transportation. Thereafter, a representative of L&W contacted FMCSA and scheduled a safety audit and compliance review on July 26, 2018.
The charging documents allege that on multiple occasions in July and August 2018, Wu and Chan gave a total of $2,800 in cash to an FMCSA safety investigator to influence the investigator’s compliance review and safety audit of L&W. For example, on Aug. 1, 2018 Chan allegedly gave the investigator $600 so that the investigator would not place an L&W bus immediately out of service based on two significant safety violations – inadequate brakes and a defective emergency exit door – but rather, would allow L&W to fix the brakes in Massachusetts and drive the bus to New Jersey for repair of the door.
The charge of conspiracy to pay unlawful gratuity and to bribe a public official provides for a sentence of no greater than five years in prison, one year of supervised release and a fine of $250,000. The charge of unlawful gratuities to a public official provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. The charge of bribery of public officials provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Kristina Barclay of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.
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.
Man Indicted in Connection with Missing Warhol PaintingsRead the Press Release
BOSTON – A federal grand jury indicted a Lynn man on Wednesday, Oct. 31, 2018, in connection with taking and attempting to sell two Warhol paintings on eBay.
Brian R. Walshe, 43, was indicted on one count each of wire fraud, interstate transportation for a scheme to defraud, possession of converted goods, and unlawful monetary transaction. In May 2018, Walshe was arrested and charged in a criminal complaint.
According to court documents, in early November 2016, a buyer found two Andy Warhol paintings for sale on eBay. The paintings were two of Warhol’s “Shadows,” a series of untitled, abstract canvas paintings from 1978. The original listing price for the paintings was $100,000. In the advertisement, the eBay seller included a picture of an invoice for the two Warhol Shadow paintings with Warhol Foundation numbers and a purchase price of $240,000.
It is alleged that the buyer believed the paintings were authentic and between Nov. 3 and 5, 2016, arranged with Walshe – the seller – to purchase the artwork outside of eBay for $80,000. Walshe and the buyer signed a contract which specified that the buyer had three days to terminate the contract and get a full refund if the buyer did not accept the artwork. On Nov. 7, 2016, the buyer’s assistant flew to Boston and met Walshe to retrieve the paintings, providing him with a cashier’s check for $80,000. According to bank records, the cashier’s check was deposited that day into an account that Walshe controlled, and $33,400 was subsequently withdrawn in the following 14 days. On Nov. 8, 2016, the buyer removed the paintings’ frames and found no Warhol Foundation authentication stamps and also noticed that the canvasses and staples looked new. When he compared the paintings to the photographs from the eBay listing, they did not look identical. The buyer concluded that the paintings he purchased from Walshe were not authentic. The buyer then repeatedly attempted to contact Walshe, who initially did not respond, and then made excuses for the delay in refunding the buyer’s money.
According to court documents, Walshe initially gained access to the paintings through a friend (the victim). Walshe was present when the victim first purchased a Warhol painting. Sometime after this purchase, the victim purchased the two Shadow paintings. Thereafter, while visiting the victim in South Korea, Walshe told the victim that he could sell some of the art for a good price. The victim agreed and let Walshe take the two Shadow paintings and other fine art pieces.
After Walshe took the items, the victim did not hear from Walshe and was unable to contact him. Eventually, the victim contacted a mutual friend, who met with Walshe and retrieved some of the art. On May 3, 2011, Walshe allegedly attempted to consign the Warhol paintings to a gallery in New York City, at which time he also had other art belonging to the victim. The gallery declined to accept the paintings because Walshe did not have a bill of sale.
The indictment alleges that Walshe converted the art from the victim and falsely offered the authentic Warhol paintings for sale on eBay, but delivered fake paintings to the buyer.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. The charge of interstate transportation for a scheme to defraud 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 possession of converted goods 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 unlawful monetary transaction provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. The Lynn Police Department provided assistance with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Orlando Genoa-Maldonado, 55, a Dominican national formerly residing in Boston, was sentenced by U.S. District Court Judge F. Dennis Saylor to 46 months in prison with 18 of those months to be served consecutive to a state sentence that Genoa-Maldonado is currently serving. Upon completion of this sentence, Genoa-Maldonado will be subject to deportation. In June 2018, Genoa-Maldonado pleaded guilty to one count of illegally reentering the United States after deportation.
In February 2000, Genoa-Maldonado was convicted in federal court in Pennsylvania of distributing heroin. Upon completion of his sentence, Genoa-Maldonado was placed into removal proceedings, and on March 10, 2004, he was deported to the Dominican Republic. In May 2016, federal officials encountered Genoa-Maldonado at MCI Cedar Junction. Earlier that year, Genoa-Maldonado had been sentenced to nine-to-10 years for heroin trafficking.
United States Attorney Andrew E. Lelling and Todd M. Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Chinese National Allegedly Exported Devices with Military Applications to ChinaRead the Press Release
BOSTON – Additional charges were filed on Tuesday, Oct. 30, 2018, against a Chinese national in connection with violating export laws by conspiring with, among others, employees of an entity affiliated with the People’s Liberation Army (PLA) in China to illegally export U.S. origin goods to China.
Shuren Qin, a Chinese national residing in Wellesley, was charged in a superseding indictment yesterday with conspiracy to defraud the United States, smuggling, money laundering and making false statements to government officials. These charges are in addition to previous charges filed, including conspiracy to commit export violations, visa fraud, and conspiracy to defraud the United States. Qin was released on conditions pending trial.
According to court documents, Qin was born in the People’s Republic of China and became a lawful permanent resident of the United States in 2014. Qin operates several companies in China, including a company called LinkOcean Technologies, which imports goods and technology with underwater and marine applications to China from the United States, Canada and Europe. The indictment alleges that Qin communicated with and received taskings from entities affiliated with the PLA, including Northwestern Polytechnical University (NWPU), a Chinese military research institute, to obtain items used for anti-submarine warfare. In 2001, the Department of Commerce designated NWPU on its Entity List because of the national security risks NWPU poses to the United States. As described in the indictment, NWPU has worked closely with the PLA on the advancement of its military capabilities.
Between approximately July 2015 and December 2016, it is alleged that Qin exported at least 60 hydrophones (devices used to detect and monitor sound underwater) from the United States to NWPU without obtaining the required export licenses from the Department of Commerce. Qin and his company, LinkOcean, did so by concealing from the U.S. manufacturer of the hydrophones that NWPU was the true end-user and by causing false end-user information to be filed with the U.S. Government. In addition, on four separate occasions in connection with the export of hydrophones to NWPU, Qin allegedly engaged in money laundering by transferring or causing the transfer of more than $100,000 from Chinese bank accounts to bank accounts located in the United States with the intent to promote and facilitate his unlawful export scheme.
In 2014, it is alleged that Qin engaged in visa fraud in connection with his application to become a lawful permanent U.S. resident by falsely certifying that he was not seeking to “engage in export control violations or other unlawful activity” when, in fact, he engaged in numerous violations of U.S. export laws between 2012 and 2018 both in China and in the United States. Qin has also been charged with making false statements to government agents on two occasions regarding LinkOcean’s customers and its export activities. Specifically, the indictment alleges that during an interview with Customs and Boarder Protection (CBP) Officers in November 2017, Qin stated that he only exported instruments that attach to a buoy. However, Qin allegedly exported remotely-operated side scan sonar systems, unmanned underwater vehicles, unmanned surface vehicles, robotic boats, and hydrophones. The items that Qin failed to disclose to, and concealed from, CBP during this interview have military applications, and several of these items were delivered to military end-users in China. For instance, Qin exported a U.S.-manufactured remotely-operated side scan sonar system to a PLA Troop in November 2015. Qin also lied to investigators during an interview on or about June 21, 2018, when he stated that he did not have any customers on the Department of Commerce’s Entity List. In fact, the indictment alleges that Qin and LinkOcean had at least two such customers.
The charge of conspiring to violate U.S. export laws provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. The charge of visa fraud 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 conspiring to defraud the United States provides for a sentence of no greater than five years in prison, three years of supervised release, and a $250,000 fine. The charge of making false statements provides for a sentence of no greater five years in prison, three years of supervised release, and a $250,000 fine. The charge or money laundering provides for a sentence of no greater than 20 years in prison, five years of supervised release, and a $500,000 fine. The charge of smuggling provides for 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 Lelling; Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigation, Boston Field Office; Leigh Alistair-Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; William Higgins, Acting Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Leo Lamont, Special Agent in Charge of the Naval Criminal Investigative Service, Northeast Field Office made the announcement today. Assistant U.S. Attorney B. Stephanie Siegmann, Chief of Lelling’s National Security Unit, and Assistant U.S. Attorney Jason Casey, also of National Security Unit, are 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.
Brockton Man Charged with Federal Firearm OffenseRead the Press Release
BOSTON – A Brockton man was arrested today and charged in federal court in Boston with illegally possessing a firearm and ammunition.
Dwayne Leaston-Brown, 28, was indicted on one count of being a felon in possession of a firearm and ammunition. He appeared before U.S. District Court Magistrate Judge Donald L. Cabell today and was ordered detained pending a detention hearing.
According to the indictment unsealed today, on Sept. 8, 2018, Leaston-Brown, who was previously convicted of a felony, possessed a Kahr Arms CM9 9mm semi-automatic pistol and six Luger 9mm cartridge while in Boston.
The charge provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Lawrence Panetta, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Gross made the announcement today.
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.
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 Man Indicted on Escape ChargeRead the Press Release
BOSTON - A Boston man was indicted yesterday in federal court in Boston in connection with escaping from a residential re-entry center where he was finishing the remainder of a 100 month sentence.
James Jones, 44, was indicted on one count of escape and was originally charged by criminal complaint in October 2018.
According to court documents, in April 2012, Jones was sentenced in federal court in Boston to 100 months in prison for drug convictions. On March 7, 2018, Jones was transferred from a correctional institution to a residential re-entry center to serve the remainder of his sentence. On July 10, 2018, Jones signed out of the re-entry center on an approved overnight work pass and was scheduled to return on July 11, 2018, but he failed to return.
The charging statute provides for a mandatory minimum sentence of five years in prison, up to three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, 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 charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Rhode Island Men Face Bank Robbery ChargesRead the Press Release
BOSTON – Two Rhode Island men appeared in federal court in Boston yesterday to face charges in connection with two bank robberies, one in Brockton and one in Abington, that resulted in high-speed chases.
Dong Lee, 48, and Charles Lamont Wheeler, 46, were each charged with two counts of bank robbery. Both defendants are currently in custody on related state charges.
According to court documents, on Sept. 14, 2018, two individuals stole $3,890 from a branch of the Abington Savings Bank in Avon and $3,621 from a branch of the Crescent Credit Union in Brockton by means of a demand note and threatening to possess a gun. The two individuals were observed exiting both areas in a white sedan.
Tellers at both institutions described one of the robbers as an Asian male and the other as a tall black male. Bank surveillance cameras at both institutions captured images of the robbers, wearing distinctive clothing, entering the banks, robbing the tellers, and then exiting the banks.
A few minutes after the robbery of Crescent Credit Union in Brockton, local law enforcement were dispatched to a hit-and-run accident involving a white sedan, whose driver was described as a black male. The white sedan’s license plate number was taken, and a Be-On-The-Lookout (“BOLO”) was issued for the vehicle, which, law enforcement subsequently learned was stolen.
The white sedan was observed on Route 1 in Foxboro by a Massachusetts State Trooper, who pursued the vehicle, but the driver did not pull over. A lengthy high-speed pursuit ensued and eventually ended when the driver lost control of the vehicle and crashed into the wood line. The driver and the passenger then fled the vehicle and ran into the woods. The passenger, later identified as Lee, was captured a short time later in the woods, wearing clothing consistent with that worn by the robber, and in possession of thousands of dollars and a demand note.
The driver, later identified as Wheeler, initially eluded law enforcement, and then stole a vehicle from a nearby gas station. A BOLO was issued for that vehicle, and, after another high-speed chase, the driver eventually stopped after being boxed in by law enforcement on Route 1. Wheeler was wearing clothing consistent with the clothing worn by the robber in the two robberies and law enforcement recovered thousands of dollars from him.
Lee and Wheeler each face a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police Department; Avon Police Chief Jeffrey Bukunt; Brockton Police Chief John Crowley, Attleboro Police Chief Kyle P. Heagney; and North Attleboro Police Chief John J. Reilly made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is 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.
Ten Charged in Brockton Fentanyl and Cocaine ConspiracyRead the Press Release
BOSTON – Ten individuals, most of whom are from Brockton, were charged today in federal court in Boston in a wide-ranging fentanyl and cocaine conspiracy.
Seven individuals were arrested today, two are currently in state custody, and one is at-large. The following 10 individuals were charged by criminal complaint with one count of conspiracy to distribute and possess with intent to distribute fentanyl and cocaine:
- Djuna Goncalves, 32, of Brockton, currently in state custody;
- Cody Goncalves, 26, of Brockton, currently in state custody;
- Anthony Goncalves, 20, of Brockton, currently at-large;
- Angelo Pina, 27, of Brockton;
- Calvin Mendes, 40, of Brockton;
- Carlos Antunes, 33, of Brockton;
- Jermaine Gonsalves, 32, of Brockton;
- Ozair Pereira, 30, of Brockton;
- Joseph Greene, 21, of Taunton; and
- Brian Donahue, 38, of Truro
“This morning’s arrests should remind all gang members and drug traffickers that they cannot operate freely in this state,” said United States Attorney Andrew E. Lelling. “Over the past year, in conjunction with our federal, state, and local law enforcement partners, we have removed dozens of violent criminals from our communities, and we will continue to do so.”
“Today’s operation illustrates Homeland Security Investigations’ commitment to public safety and highlights our unrelenting pursuit of justice,” said Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston. “Through successful partnerships with the Massachusetts State Police, Drug Enforcement Administration and Brockton Police Department, we have dealt a severe blow to a violent drug trafficking organization here in the commonwealth.”
“DEA is committed to investigating and dismantling violent poly drug trafficking organizations like this one operating in the Brockton area,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “As we all know, drug trafficking, along with the gun and physical violence that often accompanies it, is a serious threat to our families and our communities. This investigation demonstrates the strength of collaborative local, state and federal law enforcement efforts in Massachusetts to bring to justice anyone who engages in these crimes.”
“We are proud to work with our federal and local law enforcement partners to help dismantle this significant drug trafficking organization,” said Colonel Kerry A. Gilpin, Superintendent, Massachusetts State Police. “I would like to especially note the work in this investigation of our regional narcotics task force, which was established last year as part of our new State Police Division of Homeland Security. We remain committed to disrupting drug trafficking in Plymouth County and across the state and quelling the street violence associated with the narcotics trade.”
“Operation Red Heat dismantled a large scale Fentanyl distribution ring making its home base on Addison Avenue, but with a trafficking reach far outside of Brockton’s borders,” said Plymouth County District Attorney Timothy J. Cruz. “I commend the work of Massachusetts State Police CINRET, Detectives in the Plymouth County District Attorney’s Office, Homeland Security, DEA and Brockton Police to take five guns and a half kilo of Fentanyl off the street. Their diligent police work quieted the drug activity in a Brockton neighborhood and made much of Plymouth County safer today.”
“This is another example of the ongoing efforts of the Brockton Police Department and the administration of Brockton Mayor Bill Carpenter to partner with federal, state and local law enforcement partners to take the most violent repeat offenders off the streets and make Brockton a safer City,” said Brockton Police Chief John Crowley.
According to the charging document, in 2018, federal, state, and local law enforcement began investigating Djuna Goncalves and other alleged members of A Block, a violent Brockton Street gang whose members typically come from Addison Avenue or the surrounding neighborhood, which have for years been plagued by shootings, including two murders, and other crimes of violence.
It is alleged that during the investigation, Djuna Goncalves and his brothers Cody and Anthony Goncalves distributed large quantities of fentanyl, cocaine, and other drugs from an apartment on Addison Avenue to A Block members and other drug traffickers in Brockton and southeastern Massachusetts. Djuna and Cody Goncalves and Calvin Mendes distributed drugs while on pre-trial release for pending state drug trafficking and gun possession charges. Djuna Goncalves and Angelo Pina were previously convicted of drug trafficking offenses in federal court in Boston, and Pina is still on supervised release from his prior federal conviction.
On Oct. 21, 2018, Djuna Goncalves survived an assassination attempt after an unidentified assailant fired multiple shots into his basement apartment. It is alleged that when law enforcement officers executed a search warrant at Goncalves’ home, they recovered an AK-47 assault rifle, a Glock .45 caliber pistol, a large number of ammunition clips to various types of firearms and accompanying ammunition, fentanyl, cocaine, crack cocaine, marijuana, suboxone strips, a hydraulic press, packaging materials, digital scales, and approximately $12,000 in cash. Djuna and Cody Goncalves were subsequently arrested on state charges as a result of the evidence seized during the execution of the search warrant.
The charge of conspiracy to distribute and possess with intent to distribute fentanyl and cocaine provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Lelling; HSI SAC Fitzhugh; DEA SAC Boyle; Colonel Gilpin; DA Cruz; and Chief Crowley made the announcement today. The United States Marshals Service provided valuable assistance with the investigation. Assistant U.S. Attorney Christopher Pohl of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
MS-13 Member Sentenced for RICO Conspiracy and Unlawful Possession of a FirearmRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston for RICO conspiracy and unlawful possession of a firearm and ammunition by an illegal alien.
Manuel Landaverde, a/k/a “Scooby,” 26, a Salvadoran national, was sentenced by U.S. District Court Judge William G. Young to 21 months in prison and three years of supervised release. Landaverde will face deportation proceedings upon completion of his sentence. In July 2018, Landaverde pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy, and being an alien in possession of a firearm and ammunition.
The investigation revealed that Landaverde was a member of MS-13 and conspired with other MS-13 members to commit acts of violence, including murder and attempted murder, in Massachusetts. Landaverde, who is unlawfully present in the United States, also possessed and sold a firearm and ammunition knowing it would be used in connection with the racketeering conspiracy.
United States Attorney Andrew E. Lelling; Harold H. Shaw, 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; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney John P. Pappas; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today. The U.S. Marshals Service has provided crucial assistance with the case.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Miguel Guillen Percel, 43, a Dominican national formerly residing in Boston and New York, was sentenced by U.S. District Court Judge William G. Young to 21 months in prison and three years of supervised release. Percel will be subject to deportation proceedings upon completion of his sentence. In March 2018, Percel pleaded guilty to one count of unlawful reentry of a deported alien.
In 2002, Percel was convicted in federal court in Rhode Island of cocaine distribution and sentenced to 121 months in prison. After completing his sentence, Percel was deported to the Dominican Republic in October 2009.
In July 2017, Percel was arrested in Massachusetts for various motor vehicle infractions. Percel posted bail and was later released.
In November 2017, Percel was arrested in New York City and charged in state court with drug distribution. While in New York City, he was subsequently arrested on a federal arrest warrant having been charged in federal court in Boston with illegal reentry of a deported alien.
United States Attorney Andrew E. Lelling; Todd M. Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
U.S. Attorney Lelling Appoints District Election Officer to Monitor Integrity of PollsRead the Press Release
BOSTON – United States Attorney Andrew E. Lelling announced today that Assistant United States Attorney (AUSA) Eugenia M. Carris will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming Nov. 6, 2018, general election. AUSA Carris has been appointed to serve as the District Election Officer (DEO) for the District of Massachusetts, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department in Washington.
U.S. Attorney Lelling said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
Voting is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on Nov. 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Lelling stated that AUSA/DEOC Carris will be available while the polls are open. She can be reached at the U.S. Attorney’s Office in Boston at (617) 748-3100.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The Boston FBI Field Office can be reached by the public at (857) 386-2000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Lelling said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to authorities.”