District of Massachusetts

BOSTON – The current and former owners of Giovanni’s Roast Beef & Pizza in Peabody were sentenced today in federal court in Boston in connection with skimming cash receipts from Giovanni’s and failing to report the cash on their tax returns, thereby avoiding the payment of about $550,000 in taxes. 

William Panousos, 67; his wife, Theodora Panousos, 65; and their son, Konstantinos Panousos, 39, were each sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to three years of probation, with the first 18 months confined to the City of Peabody, and ordered to pay a fine of $150,000. The Judge also ordered join and several restitution of $549,883 to the IRS. In November 2017, the all three defendants pleaded guilty to one count of conspiracy to defraud the United States. William Panousos also pleaded guilty to three counts of aiding and assisting in filing false corporate and individual tax returns; Theodora pleaded guilty to four counts; and Konstantinos pleaded guilty to two counts.

During tax years 2013 through 2015, the Panousos’ skimmed approximately $2.8 million in cash receipts from Giovanni’s and did not deposit them into the business’ bank account or report them to their tax preparer. They diverted about $1.5 million of those cash receipts to their own personal use. They used the rest of the skimmed cash to pay some of the business’ expenses, including a portion of payments to suppliers and a portion of employees’ salaries. In addition, the defendants failed to report those cash expenses on their tax returns. 

United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Mark J. Balthazard of Lelling’s Economic Crimes Unit prosecuted the case. 

BOSTON – A Lawrence man was arrested yesterday and charged in federal court in Boston with distributing fentanyl. 

Luis Pimentel, 29, was charged with one count of distribution of 40 grams or more of fentanyl. Pimentel appeared in federal court yesterday and was ordered detained pending a detention hearing.

According to the complaint unsealed yesterday, in May 2018, federal agents identified Pimentel as a fentanyl distributor in the Lawrence area. During the course of this investigation, agents seized over 160 grams of fentanyl from the defendant. 

The charge of distribution of 40 grams or more of fentanyl carries a minimum mandatory sentence of five years and up to 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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division, made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

BOSTON – A Gardner man was sentenced today in federal court in Worcester for illegally possessing ammunition and distributing fentanyl.

Travis Miller, 30, was sentenced by U.S. District Court Judge Timothy S. Hillman to 80 months in prison and three years of supervised release. In March 2018, Miller pleaded guilty to one count of being a felon in possession of ammunition and one count of distribution of fentanyl. In November 2017, Miller and another individual, Edwin Labaw, were arrested after being charged in a criminal complaint. 

According to court documents, Miller met with an undercover federal agent on Sept. 19, 2017, in Gardner, and the agent purchased a double-barrel 12-gauge shotgun, a 9mm Kel-Tech Sub 2000 rifle, and 11 rounds of 12-gauge shotgun ammunition in exchange for $1,200. Miller again met with an undercover agent on Sept. 27, 2017, in Fitchburg, and the agent purchased a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800.  Miller engaged in communications with the undercover agent and a cooperating source regarding other firearms, including a sniper rifle and the potential assembly of a fully automatic AR-style rifle.

Subsequently, Miller sent text messages to the undercover agent offering to sell fentanyl patches and OxyContin pills. On Nov. 3, 2017, Miller met with the agent in Worcester and sold him a .38 caliber revolver with an obliterated serial number, .38 caliber ammunition, 39 fentanyl patches, and 65 OxyContin pills. 

According to court documents, Miller has prior felony convictions and is therefore prohibited from possessing firearms and ammunition.

Labaw pleaded guilty on March 5, 2018, to being a felon in possession of a firearm and is scheduled to be sentenced on Aug. 29, 2018.

United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement. This case was investigated with assistance from the Worcester, Gardner, and Fitchburg Police Departments, and the Massachusetts State Police. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office prosecuted the case.

BOSTON – A Dorchester man was arrested yesterday and charged in federal court today with distributing fentanyl.

Snolbert Ramirez-Sandoval, 21, was charged with one count of distribution of fentanyl. He appeared in federal court today and was ordered detained pending a detention hearing.

According to the complaint unsealed yesterday, Ramirez-Sandoval sold fentanyl on July 26, 2018, by directing the buyer to go to an apartment in Roslindale. It is alleged that once there, two young boys (one between 11-and-14-years-old and another between 3-and-6-years-old) led the buyer to the room in which Ramirez-Sandoval had left the fentanyl. The buyer paid the older child for the substance and left. It is further alleged that on Aug. 2, 2018, the buyer returned to the Roslindale apartment to purchase additional fentanyl from Ramirez-Sandoval. Again, the buyer was greeted by the two children, who informed the buyer that Ramirez-Sandoval was not home but would be back shortly. Approximately 30 minutes later, Ramirez-Sandoval and another individual arrived at the apartment and sold the buyer the fentanyl. 

The charge of distribution of fentanyl 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. Ramirez-Sandoval 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, 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 complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Dominican national was sentenced yesterday in federal court in Boston in connection with his role in a conspiracy that defrauded victims by pretending to be employees of the Securities and Exchange Commission (SEC).

Leonel Alexis Valerio Santana, 28, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 63 months in prison, three years of supervised release, and ordered to pay restitution of $105,869. In May 2018, Valerio Santana pleaded guilty to two conspiracies: a conspiracy to commit money laundering, and a separate conspiracy to commit wire fraud, to impersonate a federal employee, and to misuse a government seal. In January 2018, Valerio Santana was arrested and charged by criminal complaint along with co-conspirator Frank Gregory Cedeno, 27, of Ocoee, Florida. Cedeno was indicted in March 2018 and has pleaded not guilty.

For approximately two years beginning no later than June 2015, Valerio Santana conspired with others to defraud victims by pretending to be employees of the SEC. In that guise, members of the conspiracy demanded money from victims and directed them to send it to members of the conspiracy, including members in Boston. The conspirators who received the money generally withdrew it from bank accounts quickly, then forwarded much of it to individuals in the Dominican Republic, including to Valerio Santana. In one common version of the scam, victims received e-mails that used official-seeming documentation with the SEC seal to support a false claim that the victim must pay a fee in order to receive a portion of a legal settlement. In another version of the scheme, victims received e-mails and official-seeming documents labeling the victim as a defendant in a civil lawsuit alleging that the victim owed tens of thousands of dollars in supposed disgorgement, penalties and fees. The documents gave the victim a choice of either appearing in court to contest the lawsuit or paying a smaller fee. The e-mails in this scheme came from e-mail addresses designed to look official, addresses including, for example, [email protected] and [email protected].

Valerio Santana was responsible for recruiting people who received money transfers from victims and then forwarded the money to conspirators in the Dominican Republic, including, at times, to Valerio Santana himself. Valerio Santana recruited several of these money couriers, primarily in the Boston area. Over the course of Valerio Santana’s participation in the scheme, the couriers he recruited received $105,869 in victim funds; however, the total solicitations from those victims were even greater, reaching approximately $283,874 in intended loss.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Carl W. Hoecker, Inspector General of the U.S. Securities and Exchange Commission Office of Inspector General; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Brian A. Pérez‑Daple of Lelling’s Criminal Division is prosecuting the cases.

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

BOSTON – The U.S. Attorney’s Office in Massachusetts announced a $4.9 billion settlement with The Royal Bank of Scotland Group plc (RBS Group) resolving federal civil claims that RBS Group’s subsidiaries in the United States (RBS) misled investors in the underwriting and issuing of residential mortgage-backed securities (RMBS) between 2005 and 2008. The penalty is the largest imposed by the Justice Department for financial crisis-era misconduct at a single entity under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, which allows the Justice Department to seek civil penalties for violations of criminal statutes. 

“This resolution – the largest of its kind – holds RBS accountable for defrauding the people and institutions that form the backbone of our investing community,” said Andrew E. Lelling, U.S. Attorney for the District of Massachusetts. “Despite assurances by RBS to its investors, RBS’s deals were backed by mortgage loans with a high risk of default. Our settlement today makes clear that institutions like RBS cannot evade responsibility for the damage caused by their illicit conduct, and it serves as a reminder that the Justice Department, and this Office, will hold those who engage in fraudulent conduct accountable.”

“Many Americans suffered lasting economic harm as a result of the 2008 financial crisis,” said Acting Associate Attorney General Jesse Panuccio. “This settlement holds RBS accountable for serious misconduct that contributed to that financial crisis, and it sends an important message that the Department of Justice will pursue financial institutions that illicitly harm the American economy and our consumers.”

“The actions of RBS resulted in significant losses to investors, including Fannie Mae and Freddie Mac, which purchased the Residential Mortgage-Backed Securities backed by defective loans,” said Associate Inspector General Jennifer Byrne of the Federal Housing Finance Agency-Office of Inspector General’s (FHFA-OIG). “We are proud to have partnered with the U.S Attorney’s Office for the District of Massachusetts on this matter.”

The settlement includes a statement of facts that details – using contemporaneous calls and emails of RBS executives – how RBS routinely made misrepresentations to investors about significant risks it failed to disclose about its RMBS. For example:

• RBS failed to disclose systemic problems with originators’ loan underwriting. RBS’s reviews of loans backing its RMBS (known as “due diligence”) confirmed that loan originators had failed to follow their own underwriting procedures, and that their procedures were ineffective at preventing risky loans from being made. As a result, RBS routinely found that borrowers for the loans in its RMBS did not have the ability to repay and that appraisals for the properties guaranteeing the loans had materially inflated the property values. RBS’s RMBS contained, as its Chief Credit Officer put it, “total f***ing garbage” loans with “random” and “rampant" fraud that was “all disguised to, you know look okay kind of . . . in a data file.” RBS never disclosed that these material risks both existed and increased the likelihood that loans in its RMBS would default. 
• RBS changed due diligence findings without justification. RBS's due diligence practices did not remove fraudulent and high-risk loans from its RMBS. In fact, RBS executives internally discussed how RBS’s due diligence process was “just a bunch of bullsh**.” For example, when RBS’s due diligence vendors graded loans materially defective, RBS frequently directed the vendors to “waive” the defects without justification. One due diligence vendor, which tracked waivers by most major participants in the RMBS industry, concluded that RBS waived material defects 30% more frequently than the industry average. RBS’s waiver of material defects routinely resulted in the securitization of loans with excessive risk. When it engaged in such waivers, RBS never included enhanced “scratch-and-dent” disclosures that would have alerted investors that loans with excessive risks were included in the RMBS.
• RBS provided investors with inaccurate loan data. RBS’s due diligence frequently found that loan data – which RBS passed on to investors, who used the data to analyze the risks associated with its RMBS – were riddled with errors. Many inaccuracies made the loans look less risky than they actually were. RBS, however, did not require originators to correct the data errors. In one deal, where RBS identified over 600 data errors associated with 563 loans (including debt-to-income ratios understated by as much as 2700%), RBS failed to disclose these errors even to the originator; instead, RBS reassured the originator that RBS had not required originators to correct data errors in the past and did not anticipate doing so for that deal.
• RBS failed to disclose due diligence and kick-out caps. To develop and maintain business relations with originators, RBS agreed to limit the number of loans it could review (due diligence caps) and/or limit the number of materially defective loans it could remove from a RMBS (kick-out caps). RBS’s scheme reached its height in two deals issued in October 2007. In both of these RMBS, RBS identified hundreds of underlying loans that carried a particularly high risk of default and would cause losses to the RMBS investors. RBS kept these materially risky loans in the RMBS, without disclosing their inclusion to investors, because RBS had agreed to a kick-out cap limiting the number of defective loans that RBS could exclude from the securities in exchange for receiving a lower price for the loan pool. As a result, over the entirety of its scheme, RBS securitized tens of thousands of loans that it determined or suspected were fraudulent or had material problems without disclosing the nature of the loans to investors. 

Through its scheme, RBS earned hundreds of millions of dollars, while simultaneously ensuring that it received repayment of billions of dollars it had lent to originators to fund the faulty loans underlying the RMBS. RBS used RMBS to push the risk of the loans, and tens of billions of dollars in subsequent losses, onto unsuspecting investors across the world, including non-profits, retirement funds, and federally-insured financial institutions. As losses mounted, and after many mortgage lenders who originated those loans had gone out of business, RBS executives showed little regard for this misconduct and made light of it. 

These are allegations only, which RBS disputes and does not admit, and there has been no trial or adjudication or judicial finding of any issue of fact or law. 

U.S. Attorney Lelling, Acting Associate Attorney General Panuccio and FHFA-OIG Associate Inspector General Byrne made the announcement today. Assistant U.S. Attorneys Justin D. O’Connell, Brian M. LaMacchia, Elianna J. Nuzum, Steven T. Sharobem, and Sara M. Bloom of Lelling’s Office handled the matter.

The Justice Department announced today a $4.9 billion settlement with The Royal Bank of Scotland Group plc (RBS) resolving federal civil claims that RBS misled investors in the underwriting and issuing of residential mortgage-backed securities (RMBS) between 2005 and 2008. The penalty is the largest imposed by the Justice Department for financial crisis-era misconduct at a single entity under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, which authorizes the federal government to seek civil penalties against financial institutions that violate various predicate criminal offenses, including wire and mail fraud.

“Many Americans suffered lasting economic harm as a result of the 2008 financial crisis,” said Acting Associate Attorney General Jesse Panuccio.  “This settlement holds RBS accountable for serious misconduct that contributed to that financial crisis, and it sends an important message that the Department of Justice will pursue financial institutions that illicitly harm the American economy and our consumers.”

"This resolution – the largest of its kind – holds RBS accountable for defrauding the people and institutions that form the backbone of our investing community,” said Andrew E. Lelling, U.S. Attorney for the District of Massachusetts. “Despite assurances by RBS to its investors, RBS’s deals were backed by mortgage loans with a high risk of default. Our settlement today makes clear that institutions like RBS cannot evade responsibility for the damage caused by their illicit conduct, and it serves as a reminder that the Justice Department, and this Office, will hold those who engage in fraudulent conduct accountable.”

“The actions of RBS resulted in significant losses to investors, including Fannie Mae and Freddie Mac, which purchased the Residential Mortgage-Backed Securities backed by defective loans,” said Associate Inspector General Jennifer Byrne of the Federal Housing Finance Agency-Office of Inspector General’s (FHFA-OIG). “We are proud to have partnered with the U.S Attorney’s Office for the District of Massachusetts on this matter.”

The settlement includes a statement of facts that details – using contemporaneous calls and emails of RBS executives – how RBS routinely made misrepresentations to investors about significant risks it failed to disclose about its RMBS. For example:
 

• RBS failed to disclose systemic problems with originators’ loan underwriting. RBS’s reviews of loans backing its RMBS (known as “due diligence”) confirmed that loan originators had failed to follow their own underwriting procedures, and that their procedures were ineffective at preventing risky loans from being made. As a result, RBS routinely found that borrowers for the loans in its RMBS did not have the ability to repay and that appraisals for the properties guaranteeing the loans had materially inflated the property values. RBS never disclosed that these material risks both existed and increased the likelihood that loans in its RMBS would default. 
• RBS changed due diligence findings without justification. RBS’s due diligence practices did not remove fraudulent and high-risk loans from its RMBS. For example, when RBS’s due diligence vendors graded loans materially defective, RBS frequently directed the vendors to “waive” the defects without justification. One due diligence vendor, which tracked waivers by most major participants in the RMBS industry, concluded that RBS waived material defects 30% more frequently than the industry average. RBS’s waiver of material defects routinely resulted in the securitization of loans with excessive risk. When it engaged in such waivers, RBS never included enhanced “scratch-and-dent” disclosures that would have alerted investors that loans with excessive risks were included in the RMBS.
• RBS provided investors with inaccurate loan data. RBS’s due diligence frequently found that loan data – which RBS passed on to investors, who used the data to analyze the risks associated with its RMBS – were riddled with errors. Many inaccuracies made the loans look less risky than they actually were. RBS, however, did not require originators to correct the data errors. In one deal, where RBS identified over 600 data errors associated with 563 loans (including debt-to-income ratios understated by as much as 2700%), RBS failed to disclose these errors even to the originator; instead, RBS reassured the originator that RBS had not required originators to correct data errors in the past and did not anticipate doing so for that deal.
• RBS failed to disclose due diligence and kick-out caps. To develop and maintain business relations with originators, RBS agreed to limit the number of loans it could review (due diligence caps) and/or limit the number of materially defective loans it could remove from a RMBS (kick-out caps). RBS’s scheme reached its height in two deals issued in October 2007. In both of these RMBS, RBS identified hundreds of underlying loans that carried a particularly high risk of default and would cause losses to the RMBS investors. RBS kept these materially risky loans in the RMBS, without disclosing their inclusion to investors, because RBS had agreed to a kick-out cap limiting the number of defective loans that RBS could exclude from the securities in exchange for receiving a lower price for the loan pool. As a result, over the entirety of its scheme, RBS securitized tens of thousands of loans that it determined or suspected were fraudulent or had material problems without disclosing the nature of the loans to investors. 

Through its scheme, RBS earned hundreds of millions of dollars, while simultaneously ensuring that it received repayment of billions of dollars it had lent to originators to fund the faulty loans underlying the RMBS. RBS used RMBS to push the risk of the loans, and tens of billions of dollars in subsequent losses, onto unsuspecting investors across the world, including non-profits, retirement funds, and federally-insured financial institutions. As losses mounted, and after many mortgage lenders who originated those loans had gone out of business, RBS executives showed little regard for this misconduct and made light of it. 

These are allegations only, which RBS disputes and does not admit, and there has been no trial or adjudication or judicial finding of any issue of fact or law. 

The settlement was the result of a multi-year investigation by the U.S. Attorney’s Office of the District of Massachusetts.  Assistant U.S. Attorneys Justin D. O’Connell, Brian M. LaMacchia, Elianna J. Nuzum, Steven T. Sharobem, and Sara M. Bloom of Lelling’s Office investigated RBS’s conduct in connection with RMBS, with the support of the Federal Housing Finance Agency’s Office of the Inspector General.

BOSTON - A Liberian national was sentenced today in federal court in Boston for resisting a federal officer at Logan International Airport. The defendant struck deportation officers, injuring one, as the officers attempted to facilitate the defendant’s removal from the United States.

Mohammed Kenneh, 35, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to 27 months in prison and two years of supervised release. In January 2018, Kenneh pleaded guilty to one count of resisting a federal officer.

“The public needs to be aware that this office will aggressively pursue a ‘zero tolerance’ policy in cases involving physical assaults on agents and officers who enforce our Nation’s federal immigration laws,” said United States Attorney Andrew E. Lelling. “Working in an increasingly politicized and hostile environment, these men and women are simply doing their jobs.”

“Individuals who think they can get away with assaulting ICE Deportation Officers should think again,” said Rebecca J. Adducci, Interim Field Office Director, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston. “This case powerfully demonstrates the priority that our justice system places not just on the enforcement of federal immigration law, but on the importance of protecting the dedicated men and women who put their lives on the line every day to enforce those laws.” 

Between 2002 and 2012, Kenneh, a lawful permanent resident of the United States, was served with four restraining orders, issued by three different women. In 2015, Kenneh was convicted of violating a restraining order and sentenced to one year in jail; and in 2008, Kenneh was convicted of breaking and entering and sentenced to probation. His convictions rendered him deportable, and he was ordered removed by an immigration judge in Boston in July 2016.

On Aug. 29, 2017, two deportation officers assigned to accompany Kenneh to Liberia, began the removal process. When the officers attempted to process Kenneh for removal, he was verbally disruptive and physically resisted. The officers then handcuffed Kenneh and escorted him to a van for transport to Logan International Airport.

Upon arrival at the airport, Kenneh refused to exit the van. When one of the officers entered the van to remove Kenneh, he became physically aggressive. Kenneh used his shoulders and head to strike the officer, knocking him to the floor. Kenneh then wrapped his handcuffs around the officer’s wrist and twisted them forcibly. As a result of the physical altercation, the officers aborted the removal proceedings and returned Kenneh to Immigration and Customs Enforcement custody.

USA Lelling and Interim Field Office Director Aducci made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON - A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.

Sandy Saul Pena, 36, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 27 months in prison and three years of supervised release. Saul Pena will be subject to deportation proceedings upon completion of his sentence. In May 2018, Saul Pena pleaded guilty to one count of illegal reentry of a deported alien.

In December 2016, federal law enforcement in Boston encountered Pena and determined him to be illegally present in the United States. Pena was previously deported in February 2012.  On Dec. 13, 2016, Pena was arrested in Boston and charged with trafficking a Class A controlled substance. He is being held on $200,000 bail awaiting trial in state court on the drug charges.  Pena’s federal sentence will not begin until his state case is resolved.

United States Attorney Andrew E. Lelling and Rebecca J. Adducci, Interim 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.

BOSTON – A Chicago woman was sentenced today in federal court in Worcester for her role in a fraudulent airplane loan scheme.

Latoya Monique James, 38, was sentenced by U.S. District Court Judge Timothy S. Hillman to time served (approximately one week) and three years of supervised release, with the first year to be served in home confinement. In March 2017, James pleaded guilty to one count of conspiracy to commit bank fraud and one count of conspiracy to commit money laundering. James and two co-conspirators, Ryan Miller and Dusten James Miller, were indicted in June 2016.

From March 2013 through March 2016, the Miller brothers engaged in a scheme to defraud banks by obtaining loans purportedly to finance the purchase of recreational airplanes.  Using stolen identities, the brothers posed as both the buyers and the sellers of airplanes; they submitted fraudulent loan applications to the banks and provided the banks with false and fraudulent documents in support of those applications, including false tax returns, bank statements, driver’s licenses, and Social Security cards.

Once the loans were approved, the brothers arranged for the loan documents to be sent either electronically to an email address they created or to a physical address they rented. The Millers signed and notarized the loan documents—either using fake licenses as identification or forged notary stamps. The brothers instructed the banks to wire the funds to bank accounts opened at various banks in the name of fraudulent companies that the brothers had incorporated. Once the funds were wired to those accounts, the brothers quickly withdrew the stolen funds, and used those funds, in part, to rent high-end residences in the United States and Dominican Republic and to purchase expensive vehicles, jewelry and other luxury items.

James was engaged in a relationship with Dusten James Miller throughout much of the relevant period. James participated in the conspiracies to defraud the banks and launder the stolen funds by impersonating an individual whose identity had been stolen, by opening multiple bank accounts into which the stolen funds were wired, and by contacting banks to inquire about financing and/or the loan application process.   

In February 2018, a federal jury convicted the Miller brothers of one count of conspiracy to commit bank fraud, one count of conspiracy to commit money laundering, and one count of conspiracy to commit identity theft. Ryan Miller was also convicted of one count of bank fraud, one count of money laundering, and one count of aggravated identity theft. In June 2018, Ryan Miller was sentenced to 15 years in prison and Dusten James Miller was sentenced to 12 years in prison.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Thomas J. Ullom, Special Agent in Charge of the Chicago Regional Office, U.S. Department of Transportation, Office of Inspector General, made the announcement.  Assistant U.S. Attorneys Karin M. Bell and Greg A. Friedholm of Lelling’s Worcester Branch Office prosecuted the case.

BOSTON – A French national who previously resided in East Boston was charged today in federal court in Boston in connection with kidnapping his three-year-old child in violation of court orders.

Malik Benhamza, 33, was charged in a criminal complaint with one count of international parental kidnapping. Benhamza is currently a fugitive and believed to be in Algiers, Algeria.

As alleged in charging documents, on Feb. 2018, Essex County Family and Probate Court granted Jerusha Hall sole legal custody of her and Benhamza’s three-year-old child, and granted Benhamza visitation rights during specific days and times. The judgement also stated that neither parent could travel outside of Massachusetts with the child without written notice/consent to the other parent. On July 1, 2018, Benhamza did not return the child to Hall following a scheduled visit. Hall contacted law enforcement who traced Benhamza’s cell phone the following day to John F. Kennedy International Airport in New York. Law enforcement reviewed records of flights originating from JFK Airport and discovered that on July 1, 2018, Benhamza departed aboard Royal Air Moroc Flight 201 with the child and disembarked in Houari Boumediene Airport in Algiers, Algeria. According to court documents, Hall did not give permission to Benhamza to take the child out of the United States, and has neither seen, nor heard from the child since July 1, 2018.

The charge of international parental kidnapping provides for a sentence of no greater than three 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 Division made the announcement today. The Salem Police Department provided assistance with the investigation. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit are prosecuting the case.

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

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BOSTON – Three men were indicted yesterday in federal court in Boston with aggravated identity theft and false representation of a Social Security number.  All three individuals were arrested and charged by criminal complaint on July 26, 2018, in a federal document and benefit fraud sweep.

Jose Lopez Rosado, 54, of Worcester; John Doe, whose true identity remains unknown, but who was residing in Lynn; and James Alfred Pena Guerrero, 30, a Dominican national residing in Dorchester, were each indicted on one count of aggravated identity theft and one count of false representation of a Social Security number. All three defendants are currently in custody.

According to court documents, Lopez Rosado escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence for second degree murder.  His true identity was discovered during the federal investigation into document and benefit fraud.  He is currently in state custody on unrelated charges. The indictment alleges that Lopez Rosado falsely represented a number to be the Social Security number assigned to him on an application submitted to the Massachusetts Registry of Motor Vehicles (RMV) when the Social Security number was not his. By submitting the Social Security number of another individual on his application, he committed identity theft.

John Doe and Pena Guerrero were charged in separate indictments with falsely representing a number to be the Social Security number assigned to them on applications they submitted to the Massachusetts RMV when the Social Security numbers were not theirs; by doing so, they also committed identity theft.

The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement today. Valuable assistance was provided by the U.S. Marshals Service Puerto Rico Violent Offender Task Force. Special Assistant U.S. Attorney Karen Burzycki is prosecuting the cases.

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

BOSTON – A Lynnfield woman pleaded guilty today in federal court in Boston to filing false tax returns, on which she claimed, among other things, more than a $370,000 mortgage interest deduction, even though the loan was in default and property had gone into foreclosure.

Karyn M. Ingram, 51, pleaded guilty to three counts of filing false tax returns for tax years 2011, 2012 and 2013. Ingram was arrested and charged in January 2018. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Nov. 29, 2018.

Ingram filed tax returns in which she reported false and inflated Schedule A deductions and in one year, a Schedule C business loss, in order to reduce her overall tax liability. For example, for tax years 2010 and 2011, Ingram filed returns claiming mortgage interest deductions of $45,072 and $371,427, but she had not made any mortgage payments since 2008; in fact, the loan had defaulted, and the property had gone into foreclosure. She also claimed real estate tax deductions in those same tax years, when, in reality, the real estate taxes had been paid by the mortgage lender and not by Ingram. By falsifying the deductions and losses, Ingram fraudulently reduced her tax liability by more than $126,000.

The charge of filing false tax returns provides for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Criminal Division is prosecuting the case.

BOSTON – A former Belmont resident was sentenced today in federal court in Boston in connection with a decade-long Ponzi-style investment scheme in which he defrauded 15 investors of over $6 million. 

John William Cranney, a/k/a Jack Cranney, 77, of El Paso, Texas, was sentenced by U.S. District Court Judge Indira Talwani to five years in prison, three years of supervised release and ordered to pay restitution of $5,587,432. In May 2018, Cranney was convicted following a two-week trial on three counts of wire fraud, 12 counts of mail fraud and three counts of money laundering. Pending reporting to prison on Sept. 21, 2018, Cranney remains released on conditions including travel restricted to El Paso County, Texas.  

From 2001 through 2012, Cranney solicited money from people with whom he had personal and business relationships and represented that he would invest their money in an investment fund or a retirement plan he said he managed. However, instead of investing the money, Cranney spent his victims’ savings and retirement on his own bills and debts to fund his declining health and nutrition products distributorship. To carry out his scheme, Cranney created shell companies that he named specifically to sound like investment funds. He also set up a sham Employee Stock Ownership Plan to convince victims to transfer their IRA and 401k retirement funds to him. Cranney’s scheme ultimately collapsed in early 2012 when he could not obtain new investment money to pay back earlier investors who were demanding the return of their funds.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration made the announcement today. The U.S. Attorney’s Office also received assistance from the Office of the Secretary of State of the Commonwealth of Massachusetts and the U.S. Trustee’s Office in Boston. Assistant U.S. Attorneys Mark J. Balthazard and Kriss Basil of Lelling’s Economic Crimes Unit prosecuted the case.

BOSTON – A Cambridge man was arrested and charged today in connection with tweeting a murder-for-hire solicitation to kill ICE agents for $500.

Brandon J. Ziobrowski, 33, of Cambridge, was charged in an indictment unsealed today with one count of use of interstate and foreign commerce to transmit a threat to injure another person. Ziobrowski was arrested this morning in New York and will appear in Boston at a later date.

According to court documents, in 2009 Ziobrowski created a Twitter account registered under the username @Vine_II. Over time, Ziobrowski’s tweets became more violent and threatening.  For instance, it is alleged that he repeatedly tweeted his desire to “slit” Senator John McCain’s throat. Then, beginning around February 2018, Ziobrowski allegedly began posting tweets that promoted violence against law enforcement. For example, a Feb. 24, 2018, tweet read: “Guns should only be legal for shooting the police like the second amendment intended.” 

In March 2018 Ziobrowski allegedly started tweeting threatening messages against federal law enforcement agents that work for U.S. Immigration and Customs Enforcement (ICE). On March 1, 2018, in response to a tweet from the ICE Field Office stating that ICE officers put their “lives on the line to arrest criminal aliens,” Ziobrowski posted a message that read: “Thank you ICE for putting your lives on the line and hopefully dying I guess so there’s less of you?”

On July 2, 2018, Ziobrowski allegedly tweeted: “I am broke but will scrounge and literally give $500 to anyone who kills an ice agent. @me seriously who else can pledge get in on this let’s make this work.”  It is alleged that Ziobrowski’s tweet was designed as a threat to encourage violence and the murder of federal law enforcement agents. At the time of the tweet, Ziobrowski had 448 Twitter followers.

The charge of use of interstate and foreign commerce to transmit a threat to injure another person provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; 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. The FBI’s Joint Terrorism Task Force in Boston and New York assisted with the investigation. The U.S. Attorney’s Office would like to acknowledge the assistance of the Texas Department of Public Safety. Assistant U.S. Attorneys B. Stephanie Siegmann and Brian Perez-Daple of Lelling’s National Security Unit 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.

BOSTON – Two Lowell-based physicians have agreed to settle with the U.S. Attorney’s Office to resolve allegations of improper dispensing of controlled substances and improper billing.

Dr. Hung K. Do and his addiction treatment clinic, H.K.D. Treatment Options, have agreed to pay $23,000 to settle claims of improper billing of medical services under the Controlled Substances Act and the False Claims Act. Dr. Vasumathi Brown, a physician employed by H.K.D., has agreed to pay a $12,500 civil penalty for issuing invalid prescriptions for controlled substances under the Controlled Substances Act.

It is alleged that, at Dr. Do’s direction, Dr. Brown signed hundreds of blank prescriptions for use by unsupervised non-physician staff while Dr. Brown was on vacation abroad in December 2016. Ultimately, unsupervised non-physician staff issued over 600 prescriptions for controlled substances using the pre-signed blank prescriptions. It is further alleged that Dr. Do subsequently billed Medicare improperly for services related to the prescriptions that non-physician staff provided in Dr. Brown’s absence, and that Dr. Do falsely reported to Medicare that Dr. Brown supervised those services.

“Ensuring the proper handling of prescriptions is a critical part of our ongoing efforts to maintain patient safety and prevent drug diversion,” said United States Attorney Andrew E. Lelling. “Our success in fighting the opioid crisis depends on the diligence of prescribers in ensuring that those seeking addiction treatment receive proper medical supervision.”

“In response to the ongoing opioid epidemic DEA’s obligation is to improve public safety and public health,” said DEA Special Agent in Charge Brian D. Boyle. “We are committed to working with our law enforcement and regulatory partners to ensure that rules and regulations that protect against drug diversion and promote responsible dispensing of controlled substances are followed.”

“We entrust physicians and their medical practices to medically care for their patients, honestly bill for services, and ensure that taxpayers’ healthcare dollars are properly spent, ” said Phillip Coyne Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General. “HHS-OIG will continue to pursue penalties against medical providers who inappropriately bill Medicare and potentially jeopardize patient safety by failing to properly manage their prescribing of controlled substances.”

“This settlement highlights the FBI’s commitment to combating the illegal distribution of opioids by medical professionals,” said Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “We’re committed to working with our law enforcement partners to make sure dishonest health care professionals who exploit Medicare through fraudulent billing and other schemes will be held accountable.”

U.S. Attorney Lelling, DEA SAC Boyle, HHS-OIG SAC Coyne, and FBI SAC Shaw, made the announcement today. Assistant U.S. Attorneys Kriss Basil and Doreen Rachal of Lelling’s Office handled the matter.

BOSTON – A Jamaican national was sentenced today in federal court in Boston for misuse of a Social Security number and aggravated identity theft.

Basil Ledgister, 41, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 26 months in prison. In May 2018, Ledgister pleaded guilty to one count of misuse of a Social Security number and one count of aggravated identity theft.

In January 2015, Ledgister falsely represented that a Social Security number belonging to another person was his in an application for a license at the Registry of Motor Vehicles. Ledgister committed aggravated identity theft by using the Social Security number of another person in committing the crime of false representation of a Social Security number.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; Scott Antolik, Special Agent in Charge of the Social Security Administration Office of Inspector General; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Robert Richardson of Lelling’s Major Crimes Unit prosecuted the case.

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

Javier Vazquez, 29, was charged with two counts of distribution and possession with intent to distribute heroin.

According to the indictment that was unsealed today, Vazquez distributed heroin in Hampden County on June 21 and July 10, 2018.  

The charge provides for a sentence of up to 30 years in prison, up to a lifetime of supervised release, and a fine of up to $2 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Springfield Police Commissioner John Barbieri made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Office is prosecuting the case.

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

BOSTON – A Methuen real estate broker was sentenced today in connection with a sweeping conspiracy to defraud banks and mortgage companies by engaging in sham “short” sales of residential properties in Merrimack Valley.

Greisy Jimenez, 50, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to three years in prison, four years of supervised release, and ordered to pay a fine of $12,500. The court will determine issues of restitution and forfeiture on Aug. 29, 2018. In January 2018, Jimenez pleaded guilty to two counts of bank fraud and one count of conspiracy to commit bank fraud.

Three co-conspirators involved in the scheme have been sentenced after pleading guilty to conspiracy to commit bank fraud. In June 2018, Jasmin Polanco, 37, a real estate closing attorney, was sentenced to 15 months in prison, three years of supervised release and ordered to pay $1,224,489 in restitution. In May 2018, Vanessa Ricci, 41, of Methuen, a mortgage loan officer, was sentenced to six months in prison, three years of supervised release and ordered to pay restitution of $963,730. In March 2017, Hyacinth Bellerose, 51, a real estate closing attorney, was sentenced to time served and one year of supervised release to be served in home detention.

The charges arose out of a scheme to defraud various banks via bogus short sales of homes in Haverhill, Lawrence and Methuen in which the purported sellers remained in their homes with their debt substantially reduced. A short sale is a sale of real estate for less than the value of any existing mortgage debt on the property. Short sales are an alternative to foreclosure that typically occur only with the consent of the mortgage lender. Generally, the lender absorbs a loss on the loan and releases the borrower from the unpaid balance. By their very nature, short sales are intended to be arms-length transactions in which the buyers and sellers are unrelated, and in which the sellers cede their control of the subject properties in exchange for the short-selling bank’s agreement to release them from their unpaid debt.

The conspiracy began in approximately August 2007 and continued through June 2010, a period that included the height of the financial crisis and its aftermath. Home values in Massachusetts and across the nation declined precipitously, and many homeowners found themselves suddenly “underwater” with homes worth less than the mortgage debt they owed. As part of the scheme, Jimenez, Polanco, Ricci, Bellerose and others submitted materially false and misleading documents to numerous banks in an effort to induce them to permit the short-sales, thereby releasing the purported sellers from their unpaid mortgage debts, while simultaneously inducing the purported buyers’ banks to provide financing for the deals. In fact, the purported sellers simply stayed in their homes, with their debt substantially reduced.

The conspirators falsely led banks to believe that the sales were arms-length transactions between unrelated parties; in fact, the buyers and sellers were frequently related, and the sellers retained control of (and frequently continued to live in) the properties after the sale. The conspirators also submitted phony earnings statements in support of loan applications that were submitted to banks in order to obtain new financing for the purported sales. In addition, the defendants submitted phony “HUD-1 Settlement Statements” to banks that did not accurately reflect the disbursement of funds in the transactions. HUD-1 Settlement Statements are standard forms that are used to document the flow of funds in real estate transactions. They are required for all transactions involving federally related mortgage loans, including all mortgages insured by the Federal Housing Administration.

United States Attorney Andrew E. Lelling; Christina Scaringi, Special Agent in Charge of the Department of Housing and Urban Development, Office of Inspector General, New York Field Office; and Christy Goldsmith Romero, Special Inspector General of the Troubled Asset Relief Program, made the announcement. Assistant U.S. Attorney Stephen E. Frank, Chief of Lelling’s Economic Crimes Unit, and Assistant U.S. Attorneys Sara Miron Bloom and Victor A. Wild, also of the Economic Crimes Unit, prosecuted the cases.

BOSTON – An Illinois man was indicted today in federal court in Boston in connection with submitting false insurance information for a high-priced cholesterol drug in 2014 and 2015.

Mark Moffett, 45, of Springfield, Ill., was indicted on one count of conspiring to commit wire fraud, three counts of wire fraud, and one count of aggravated identity theft. Moffett was arrested on a criminal complaint in June and is currently on release on conditions. He is scheduled to appear in federal court in Boston on Aug. 28, 2018.

As alleged in the indictment, Moffett, who was a sales representative in central Illinois, conspired with others at his former employer to defraud insurance companies by providing false information concerning patients for whom doctors had prescribed his employer’s cholesterol drug. Moffett also falsified medical records purportedly signed by a doctor and then submitted them to insurance companies in order to convince patients’ health plans to cover the drug, which cost over $27,000 per month.

The conspiracy and fraud charges provide for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 or the amount of the financial loss to the victims of the fraud. The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based 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 Division; Phillip Coyne Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General; and Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office made the announcement today.  Assistant U.S. Attorney Kriss Basil of Lelling’s Criminal Division is prosecuting the case.

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

BOSTON – A Boston man was arrested today and charged in federal court in Boston with money laundering.

Juan Peguero, 28, was charged in an indictment with two counts of money laundering.

According to the indictment unsealed today, on two occasions in 2015, Peguero transferred almost $500,000 worth of drug proceeds - over $398,000 in April and $90,000 in June.

The charge of money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the value of the laundered funds. 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’s New England Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Lauren A. Graber 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 to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Springfield man was arrested today and charged in federal court in Springfield with two counts of distribution of crack cocaine.

Alonzo Williams Jr., 30, was charged in an indictment with two counts of distribution of crack cocaine. Williams appeared in federal court in Springfield today and was detained pending a detention hearing.

The indictment alleges that in October 2017, Williams distributed cocaine base on two occasions.

Williams faces no greater than 30 years in prison, a minimum of six years of supervised release, and a fine of $2 million.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; 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; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement today. Assistance was provided by the Hampden and Berkshire County Sheriff’s Departments, and the West Springfield and Chicopee Police Departments. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office is prosecuting the case 

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

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

BOSTON - A Salvadoran national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.  

Wilfredo Carmona-Ponce, 38, was sentenced by U.S. District Court Judge Denise J. Casper to 15 months in prison and two years of supervised release. Carmona-Ponce will be subject to deportation proceedings upon completion of his sentence.  

On March 23, 2016, law enforcement officers in Stoneham encountered Carmona-Ponce and determined him to be illegally present in the United States. Carmona-Ponce was previously deported on March 19, 2014.

United States Attorney Andrew E. Lelling and Rebecca Adducci, Interim 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 prosecute the case.

BOSTON – A Leominster woman pleaded guilty today in federal court in Worcester to stealing Social Security and Veterans Affairs benefits.   

Joyce Progin, 71, pleaded guilty to two counts of theft of public funds. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Nov. 2, 2018. Progin was arrested and charged in January 2018.

In November 2009, Progin’s former father-in-law passed away. At the time of his death, the father-in-law was receiving monthly retirement benefits from Social Security and monthly benefits from the Department of Veterans Affairs. Neither agency was advised of his death and continued to deposit his benefit payments into a bank account he held jointly with Progin, who was his caregiver. Although she admitted knowing that she was not entitled to the money, from November 2009 through March 2017, Progin received approximately $55,267 in Social Security benefits, and from November 2009 through November 2017, she received approximately $269,978 in benefits from the Department of Veterans Affairs, in total, stealing over $300,000 in public funds.

The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Sean Smith, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Haverhill man was sentenced today in federal court in Boston for his role in an opioid trafficking conspiracy involving the distribution of fentanyl, heroin, and oxycodone across Massachusetts and Florida.

Jesus Gonzalez, 23, was sentenced by U.S. District Court Judge Denise J. Casper to 100 months in prison and four years of supervised release. In April 2018, Gonzalez pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute over 100 grams of heroin and/or 40 grams of fentanyl, one count of conspiracy to distribute and to possess with intent to distribute oxycodone, and one count of conspiracy to launder monetary instruments.

Gonzalez was arrested in June 2016 for his role in a widespread conspiracy involving heroin, fentanyl, and opioid pill trafficking, as well as money laundering offenses in Massachusetts and Florida. From at least 2014, Gonzalez obtained heroin and fentanyl from sources in Massachusetts and conspired with others to distribute the narcotics, including approximately 230 grams of a mixture of heroin and fentanyl in November 2015. Gonzalez also participated in a conspiracy to obtain oxycodone pills from Florida, have them shipped to Massachusetts, and then distributed. Finally, Gonzalez participated in a conspiracy to launder and conceal the proceeds of the sale of narcotics by using funnel bank accounts to send money to Florida.     

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Delany De-Leon Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; John Gibbons, U.S. Marshal for the District of Massachusetts; and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Biddeford (Maine), Framingham, Haverhill, Lawrence, Manchester (N.H.), Methuen, Millis, Natick, Stoughton, and Waltham Police Departments. Assistant U.S. Attorneys Nadine Pellegrini and Craig Estes of Lelling’s Office prosecuted the case.

BOSTON – A Webster man pleaded guilty today in federal court in Worcester to possession of child pornography.

William Shenette, 32, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Nov. 1, 2018.

On Dec. 1, 2017, federal and state law enforcement officers executed a search warrant at Shenette's residence in Webster. Shennette admitted that he had received two videos of “kiddy porn” the previous evening. During their search, Shenette’s tablet was seized and an on-scene forensic exam was conducted, which revealed two videos, one of a prepubescent girl being anally penetrated by an adult male and another of a female child being orally penetrated by an adult male.

In addition, Kik Messenger chats between Shenette and another person regarding the videos were found. During those chats, Shenette stated that he “wants to (expletive) a little girl” aged “6 to 12.” In response, the third party sent the aforementioned videos.

The charge provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of $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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Worcester Police Chief Steven M. Sargent; and Chief Timothy Bent, Webster Police Department, made the announcement today. Assistant U.S. Attorney Michelle Dineen Jerrett of Lelling’s Worcester Branch Office is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ offices and 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 via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

BOSTON – A Heath Street gang member who was previously convicted of a felony pleaded guilty today in federal court in Boston to drug trafficking and illegal possession of a firearm.

Kendrick Tate, a/k/a “K-Roc,” 25, of Chelsea, pleaded guilty to one count of distribution of cocaine base and one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Indira Talwani scheduled sentencing for Oct. 25, 2018. Tate has been serving a state sentence for unrelated drug and gun convictions.

On subsequent days in April 2017, Tate sold a cooperating witness crack cocaine and a firearm with a partially obliterated serial number. Although Tate has been identified by law enforcement as a member of the Heath Street Gang, he was living in Chelsea at the time of these sales.

According to court documents, Tate was convicted in state court in November 2017 of unrelated drug and firearm charges and is presently serving a 3 ½ - 4-year sentence. Tate was also previously convicted of assault with a dangerous weapon on two occasions, assault and battery with a dangerous weapon, resisting arrest, assault and battery on a police officer, and possession to distribute a Class B substance on two occasions.

Following a two-year investigation, Tate and eight co-defendants were charged in January 2018 in connection with illegal drug distribution and firearm possession within and near the Mildred C. Hailey Apartments, formerly known as the Bromley Heath Housing Development. The investigation and arrests sought to reduce violence and improve the quality of life for residents in and around the Mildred C. Hailey Apartments by removing individuals who trafficked drugs and who were actively involved in violence and gang disputes.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. Assistance was also provided by the Boston Housing Authority’s Department of Police and Public Safety.

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

BOSTON – A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.  

Eddy Espinal-Diaz, 33, a Dominican national formerly residing in Lawrence, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year and one day in prison, to be served concurrent with any future sentence that may be imposed on a pending state drug case, and three years of supervised release. Espinal-Diaz will be subject to deportation proceedings. In May 2018, Espinal-Diaz pleaded guilty to one count of unlawful reentry of a deported alien.

Law enforcement in Middleton encountered Espinal-Diaz on Nov. 9, 2017, and determined him to be illegally present in the United States. Espinal-Diaz was previously deported on Aug. 18, 2015.

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

BOSTON - A Dominican national was charged today in federal court in Boston with illegally reentering the United States after being deported.  

Jesus Leonardo Castillo-Martinez, 45, was indicted on one count of illegal reentry of a deported alien.

According to court documents, law enforcement officers in Billerica encountered Castillo-Martinez on June 23, 2018, and determined him to be illegally present in the United States. Castillo-Martinez was previously deported on Nov. 1, 2016.

Castillo-Martinez faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Rebecca Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON - A Charlestown man was charged today in federal court in Boston with bank robbery.

Robert H. Brady, 40, was indicted on one count of bank robbery. Brady is currently in state custody.

According to court documents, on June 28, 2018, Brady robbed a branch of the Cambridge Savings Bank in Charlestown, stealing approximately $912.00.

Brady faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and restitution in the amount of $912.00. 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. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON - A Brazilian national was charged today in federal court in Boston with illegally reentering the United States after being deported.  

Antonio Ferreira, 56, was indicted on one count of illegal reentry of a deported alien.

According to court documents, law enforcement officers in Framingham encountered Ferreira on June 26, 2018, and determined him to be illegally present in the United States. Ferreira was previously deported on April 5, 2007.

Ferreira faces a sentence of no greater than two years in prison, one year 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 Rebecca Adducci, Interim Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A Vietnamese national was sentenced today in federal court in Boston for his role in an international scheme to use stolen payment card data and personally identifiable information to purchase and re-sell hundreds of thousands of dollars’ worth of consumer goods. 

Tuan Dinh Nguyen, 30, a Vietnamese national previously living in Melbourne, Australia, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 42 months in prison and ordered to pay forfeiture of $500,000. In May 2018, Nguyen pleaded guilty to one count of wire fraud conspiracy, one count of money laundering conspiracy, 13 counts of money laundering - aiding and abetting, and one count of aggravated identity theft. Nguyen was indicted in federal court in Boston in August 2015, arrested in Australia in June 2017, and extradited to the United States on Oct. 5, 2017.

Between December 2007 and December 2013, Nguyen and at least three others conspired to use stolen payment card data and personally identifiable information to purchase consumer goods online and to re-sell those items on auction websites, including Amazon, eBay, and Buy.com; they then wired the proceeds overseas. 

Nguyen and his co-conspirators created fraudulent accounts on multiple auction websites, or used stolen usernames and passwords to take over subscribers’ legitimate accounts. They then posted popular goods for sale at a discounted price, including Apple merchandise, electronics, personal care items and books. However, Nguyen and his co-conspirators did not own or otherwise have these goods to sell. Instead, when customers of the auction websites purchased and paid for these items, Nguyen and his co-conspirators used stolen payment card and personally identifiable information to buy the items from Walmart.com or other e-commerce websites, and then shipped the items to the auction website customers, who never knew that the items they received had been purchased with stolen credit cards and re-sold to them at discounted prices. 

To obtain the proceeds of the scheme, Nguyen and his co-conspirators recruited U.S. residents to withdraw and wire overseas the money that the unwitting customers had paid through the auction websites. In total, Nguyen and his co-conspirators stole and re-sold approximately $500,000 in consumer goods.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and U.S. Marshal John Gibbons for the District of Massachusetts made the announcement today. Australia’s Attorney-General’s Department, the Australian Federal Police, and the U.S. Department of Justice’s Office of International Affairs provided assistance in securing Nguyen’s extradition to the United States. Assistant U.S. Attorney Seth Kosto of Lelling’s Cybercrime Unit prosecuted the case.

BOSTON – A Somerville man was convicted today by a federal jury of orchestrating disruptive computer attacks on Boston Children’s Hospital and Wayside Youth and Family Support Network.

Martin Gottesfeld, 32, was convicted of one count of conspiracy to damage protected computers and one count of damaging protected computers. U.S. District Court Judge Nathaniel Gorton scheduled sentencing for Nov. 14, 2018. Gottesfeld was charged in February 2016. 

On March 25, 2014, Gottesfeld conducted a distributed denial of service – or DDOS – attack against Wayside Youth and Family Support Network, a nonprofit, Framingham-based residential treatment facility that provides a range of mental health counseling and family support services to children, young adults, and families in Massachusetts. The attack crippled Wayside’s network for more than a week and caused the facility to spend $18,000 on response and mitigation efforts.

Following the attack on Wayside’s computer network, Gottesfeld launched a massive DDOS attack against the computer network of the Boston Children’s Hospital. He customized malicious software that he installed on 40,000 network routers that he was then able to control from his home computer. After spending more than a week preparing his methods, on April 19, 2014, he unleashed a DDOS attack that directed so much hostile traffic at the Children’s Hospital computer network that he not only knocked Boston Children’s Hospital off the internet, but knocked several other hospitals in the Longwood Medical Area off the internet as well. 

Gottesfeld identified himself as a member of the hacking group Anonymous, and launched the attacks on behalf of Anonymous, demanding change in the way the Boston Children’s Hospital was handling a teenage patient (discharged months earlier), who was the subject of a custody battle between her parents and the Commonwealth of Massachusetts.

The attack flooded 65,000 IP addresses used by Boston Children’s Hospital and several other area hospitals with junk data intended to make those computers unavailable for legitimate communications. The attack disrupted the Children’s Hospital network for at least two weeks, interrupting access to internet services used by Boston Children’s Hospital staff to treat patients. The attack disrupted the hospital’s day-to-day operations, as well as its research capabilities. The attack cost the hospital more than $300,000 and caused an additional estimated $300,000 loss in donations, as the attack disabled the hospital’s fundraising portal.

In October 2014, federal law enforcement searched Gottesfeld’s home and recovered a number of computers, servers, and hard drives. Gottesfeld, however, was not formally charged with a crime at the time the search warrant was executed.

In February 2016, local police conducted a wellness check at Gottesfeld’s apartment after relatives and his employer grew concerned about his whereabouts. When police arrived at his home, no one was there.

On Feb. 16, 2016, Gottesfeld and his wife made a distress call from a small boat off the coast of Cuba. A nearby Disney Cruise Ship responded and rescued the couple. The ship returned to Miami and Gottesfeld was arrested.

The charge of conspiracy provides for a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000 and restitution. The charge of damaging protected computers 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.

U.S. Attorney Andrew E. Lelling and Harold Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorneys David J. D’Addio and Seth Kosto of Lelling’s Cybercrime Unit are prosecuting the case.

BOSTON – A Boston man affiliated with the Vine/Forest Street and Orchard Park gangs was charged today in federal court in Boston with illegally possessing a firearm and ammunition.

Quantae Elmore, 21, was indicted on one count of being a felon in possession of a firearm and ammunition. Elmore was arrested on July 6, 2018, and charged; he has been in custody since his arrest.

According to court documents, around 9:40pm on May 4, 2018, multiple people were shot inside the Mildred C. Hailey Apartments, formerly known as the Bromley Heath Housing Development, in Jamaica Plain. A small white car was seen speeding away. Approximately 20 minutes later, aware of an ongoing feud between the Heath Street gang and the Orchard Park gang, police officers went to the Orchard Gardens Development to investigate possible links between the Jamaica Plain shooting and Orchard Gardens. There, on Ziegler Street, officers encountered Elmore standing outside a white car with other Vine/Forest Street and Orchard Park gang affiliates. 

It is alleged that Elmore grew alarmed upon seeing the officers, grabbed the front of his waistband with both hands, and began walking away from the officers. Officers followed Elmore, who ultimately stopped, still grabbing his waistband. Officers saw a bulge at the front of Elmore’s waist, consistent with a firearm, and pat-frisked him. They found inside his waistband a Smith & Wesson .38 caliber handgun loaded with five rounds of .38 caliber ammunition.   

The charge of being a felon in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, one year of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Evans made the announcement today.

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.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BOSTON – A Watertown man pleaded guilty today in federal court in Boston in connection with his role in a long-running interstate prostitution ring. 

Jineok Kim, 38, of Watertown, Mass., pleaded guilty to one count of conspiracy to persuade, induce, entice, or coerce individuals to travel in interstate commerce to engage in prostitution and one count of conspiracy to engage in money laundering. Co-defendant Susan Bashir, a/k/a “Susan Redmon,” 41 of Stone Mountain, Ga. pleaded guilty on July 25, 2018 and is scheduled to be sentenced on Nov. 8, 2018. Co-defendant Kyung Song, 52, of Lexington, Mass. is scheduled to plead guilty on Aug. 13, 2018. Co-defendants Yoon I. Kim, 36, of Haymarket, Va. and Taehee Kim, a/k/a “Hyunsook Kim,” 46, of Haymarket, Va., have pleaded not guilty.

According to court documents, Kim participated in the prostitution network, which had multiple brothels in high-end apartments in Cambridge, Mass.; Atlanta, Ga.; and eastern Virginia, from spring 2016 to December 2017. The prostitution network advertised appointments with Asian women primarily on three websites: www.bostonasiandolls.com, www.exoticasiansatlanta.com, and www.redhotflowers69.com. The women advertised on the websites were moved from city to city within the network, working as prostitutes for the organization.

Jineok Kim transported women working as prostitutes and supplies, including bulk orders of condoms, to and from brothel locations in Cambridge. Jineok Kim retrieved cash proceeds from each of the Cambridge brothel locations and laundered the proceeds according to Taehee Kim’s instructions, which included depositing the money into accounts belonging to Taehee Kim and a consulting business set up by Yoon Kim, or purchasing postal money orders.

The charge of conspiracy to persuade, induce, entice, or coerce women to travel in interstate commerce to engage in prostitution 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/loss, whichever is greater. The charge of conspiracy to engage in money laundering  provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the value of the laundered funds. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Andrew E. Lelling; Peter C. Fitzhugh Special Agent in Charge of Homeland Security Investigations in Boston; Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Cambridge Police Commissioner Branville G. Bard Jr. made the announcement today. Assistant U.S. Attorneys David J. D’Addio and Amy Harman Burkart of Lelling’s Civil Rights Enforcement Team are 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. 

BOSTON – A Boston gang member was sentenced today in federal court in Boston for distributing crack cocaine in a Jamaica Plain housing development.

Jarrod Simmons, a/k/a “Rizz,” 21, was sentenced by U.S. District Court Judge Denise J. Casper to one year and one day in prison and six years of supervised release. In April 2018, Simmons pleaded guilty to distribution of controlled substances within 1,000 feet of a public housing facility.

Following a two-year investigation, Simmons and eight co-defendants were charged in January 2018 in connection with illegal drug distribution and firearm possession within and near the Mildred C. Hailey Apartments in Jamaica Plain, formerly known as the Bromley Heath Housing Development. Simmons, who was identified as a member of the Heath Street Gang during the investigation, sold cocaine base, also known as crack cocaine, to a cooperating witness inside the development on Sept. 18, 2016. According to court documents, Simmons was on pretrial release for state drug and firearm offenses when he conducted the drug sale.  

The investigation and arrests sought to reduce violence and improve the quality of life in and around the Mildred C. Hailey Apartments for residents by removing individuals who trafficked drugs and who were involved in gang activity in and around the development.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. Assistance was also provided by the Boston Housing Authority’s Department of Police and Public Safety.

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

BOSTON – A father and son from Revere were sentenced yesterday in federal court in Boston for trafficking oxycodone.

Mario Scata, 71, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to three years in prison and two years of supervised release. His son, Manuele Scata, 45, was sentenced by Judge O’Toole to eight years and six months in prison and three years of supervised release. In December 2017, Mario Scata pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute oxycodone and one count of possession with intent to distribute oxycodone. In February 2018, Manuele Scata pleaded guilty to conspiracy to distribute oxycodone, possession with intent to distribute oxycodone, and use of a firearm during and in relation to a drug trafficking offense.

In 2014 and 2015, agents observed foot and vehicle traffic consistent with street-level drug sales coming and going from the Scata home and from Manuele Scata’s business, D & M Auto Doctor, on Bennington Street in East Boston. While investigating the Scatas’ oxycodone trafficking, Scatas’ pill supplier, Bregu, was identified through surveillance and phone analysis. After obtaining a search warrant to track the precise location of Bregu’s phone, it was determined that every two-to-three weeks, Bregu drove his vehicle from Staten Island to Revere or East Boston, met with one or both of the Scatas, and then returned to Staten Island.

On July 16, 2015, a series of search warrants were executed after tracking Bregu’s phone from Staten Island to East Boston and then watching as Bregu met with Mario and Manuele Scata at D & M Auto Doctor. During the searches, a sophisticated hidden compartment was discovered in Bregu’s vehicle, which contained $37,800. In addition, approximately 1,900 oxycodone pills, a loaded firearm, and a machete were recovered from Manuele Scata’s vehicle and additional oxycodone pills, a hand-written drug ledger, and nearly $12,000 were recovered from the Scatas’ home.

On June 8, 2018, Bregu was sentenced to six years in prison and three years of supervised release after being convicted of conspiracy to possess with intent to distribute and to distribute oxycodone.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Revere Police Chief James Guido; Quincy Police Chief Paul Keenan; and Boston Police Commissioner William Evans made the announcement today. Assistant U.S. Attorneys Christopher Pohl of Lelling’s Organized Crime and Gang Unit prosecuted the case.

BOSTON – A dual citizen of Iran and Canada pleaded guilty today in federal court in Boston to international money laundering.

Omid Mashinchi, 35, pleaded guilty to five counts of international money laundering. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Nov. 13, 2018. Mashinchi was charged in a sealed indictment in January 2018 and arrested in April 2018, when he flew into 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 unlawful activity. 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.

The charge of international money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release and up to a $500,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case. 

BOSTON – A Heath Street gang member was sentenced today in federal court in Boston for distributing drugs in and around the Mildred C. Hailey Apartments in Jamaica Plain.

Kevin Smith, a/k/a “Works,” 27, was sentenced by U.S. District Court Judge William G. Young to 18 months in prison and six years of supervised release. In May 2018, Smith pleaded guilty to conspiracy to distribute cocaine base and to distributing cocaine base within 1000 feet of a public housing facility.

Following a two-year investigation, Smith and eight co-defendants were charged in January 2018 in connection with illegal drug distribution and firearm possession within and near the Mildred C. Hailey Apartments, formerly known as the Bromley Heath Housing Development.

On March 24, 2017, Smith arranged a drug sale for co-defendant Javonte Robinson, 21, who sold crack cocaine to a cooperating witness near the Mildred C. Hailey Apartments. In sum, Smith and Robinson also accepted responsibility for two additional sales that were not charged in the indictment. All of the sales took place either inside or within a 1000 feet of the Mildred C. Hailey Apartments.

According to court documents, Smith served 18 months in jail after he was convicted of carrying a firearm and resisting arrest. Although Smith was on Boston Housing Authority’s No Trespass List at one time, records show that he was arrested in the hallways and courtyards of the housing development at least seven times.

The investigation and arrests sought to reduce violence and improve the quality of life for residents in and around the Mildred C. Hailey Apartments by removing individuals who trafficked drugs and who were actively involved in violence and gang disputes.

On July 19, 2018, Robinson was sentenced to one year and one day in prison and six years of supervised release.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. Assistance was also provided by the Boston Housing Authority’s Department of Police and Public Safety.

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

BOSTON – The owner of a Hyde Park auto body shop was charged today in federal court in Boston in connection with preparing false tax returns for his company, Automotive Specialties Inc. 

Richard Poillucci, 62, of Easton, was charged by Information and has agreed to plead guilty to three counts of aiding the preparation of false tax returns. 

According to the charging documents, Poillucci was the owner of Automotive Specialties Inc. (ASI), an auto body shop specializing in repairing high-end vehicles.  Between Sept. 30, 2012 and Sept. 30, 2015, Poillucci cashed millions of dollars of checks from the business at check cashing establishments in Massachusetts and Rhode Island and willfully failed to report that income, or expenses that he paid for in cash with the proceeds from those checks, on ASI’s tax returns. As a result, Poillucci failed to report approximately $569,367 to the IRS, thereby avoiding the payment of approximately $215,552 in federal income taxes. 

Each of the counts of aiding the preparation of false tax returns provides for a sentence of no greater than three years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Economic Crimes Unit is prosecuting the case.

BOSTON – A Chelsea man pleaded guilty yesterday in federal court in Boston to being a felon in possession of a firearm.

Cesar Alicea, 22, pleaded guilty to being a felon in possession of a firearm. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Nov. 7, 2018.

In December 2017, Alicea was indicted along with Andres Perez, of Chelsea, who was charged with possessing cocaine base and heroin with intent to distribute. It is alleged that Alicea and Perez are members of the East Side Money Gang.

On Oct. 31, 2017, Alicea was in a car that was stopped by law enforcement officers. As Alicea ran from the police, he was observed throwing an item. Shortly thereafter, Alicea was apprehended by police and arrested. The item was recovered and determined to be a .25 caliber Raven Arms pistol.

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

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Revere Police Chief James Guido; and Chelsea Police Chief Brian Kyes made the announcement today. Assistant U.S. Attorneys Timothy E.  Moran and Michael Crowley of Lelling’s Organized Crime and Gang Unit are prosecuting the case.

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

BOSTON – 25 individuals were charged today in federal court in Boston as a result of a federal sweep targeting offenders of document and benefit fraud. Many of the defendants have prior criminal histories, including a convicted murderer who escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence. 21 of the alleged defendants are unlawfully present in the United States.

Dubbed “Double Trouble,” the investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), comprised of various local, state and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes. 

The DBFTF is currently investigating suspected aliens, predominately from the Dominican Republic, who are believed to have obtained stolen identities of United States citizens living in Puerto Rico and who have used those identities to obtain documents and public benefits that they would not otherwise be eligible to receive, such as Registry of Motor Vehicles identity documents, Social Security numbers, Medicaid, unemployment and public housing subsidies. Among other things, a comparison of public benefits records revealed the identities of numerous individuals who received public benefits in Puerto Rico and Massachusetts on or about the same date. 

Twenty-five individuals have been charged with various federal crimes. With the exception of four, all of the defendants are unlawfully present in the United States. 

1. Alejandra Eulalia Baez Arias, 40, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
2. Saddan Rafael Bautista Diaz, 27, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
3. Kelvin Bautista Valdez, 31, Dominican national residing in Lynn, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
4. Robert Crisologo Bobadilla Baez, 43, a Dominican national formerly residing in Mattapan, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number. Bobadilla Baez is already in the custody of Immigration and Customs Enforcement.
5. Fernando Cedeno Carpio, 34, a Dominican national residing in Houston, Texas, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
6. Fausto Feliz Feliz, 39, a Dominican national residing in Malden, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
7. Luis Alberto Fernandez Fernandez, 27, a Dominican national residing in Salem with legal permanent resident status, was charged with one count of false representation of a Social Security number.
8. Domingo Garcia Suero, 54, a Dominican national formerly residing in Haverhill, was indicted in May 2018 on five counts of distribution and possession with intent to distribute fentanyl; one count of being a felon in possession of a firearm; two counts of false representation of a Social Security number; and one count of aggravated identity theft. Garcia Suero is already in federal custody.
9. Santo Jesus Gonzalez Villar, 48, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
10. Ramon Lara Martinez, 45, a Dominican national residing in Hyde Park, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
11. Jose Lopez Rosado, 53, formerly residing in Worcester County, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.  According to court documents, the defendant escaped from prison in Puerto Rico in 1994 while serving a 40-year sentence for second degree murder. He is currently in state custody on unrelated charges.  His true identity was not known until now.
12. Viterbo Enrique Minaya Melo, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number. Minaya Melo is currently in state custody.
13. Ulises Francisco Mota Carmona, 35, a Dominican national residing in Lawrence, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
14. Yhoan Alexis Nivar Rodriguez, 29, a Dominican national residing in Mattapan with legal permanent resident status, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
15. James Alfred Pena Guerrero, 30, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
16. Ramona Maribel Perez Peguero, 38, a Dominican national residing in Lawrence, was charged with one count of false representation of a Social Security number.
17. Fiumen Alexis Pimentel, 47, a Dominican national residing in Hyde Park, was charged with identity fraud.
18. Jose Mercedes Polanco Guerrero, 47, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
19. Joaquin Ruiz Mota, 47, a Dominican national residing in Dorchester, was charged with one count of aggravated identity theft and one count of misuse of a Social Security number.
20. Carmen Sanchez Garcia De Martinez, 64, a Dominican and/or Venezuelan national residing in Springfield, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
21. Wanyer Manuel Soto Pimentel, 27, a Dominican national residing in Roslindale, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
22. Edward Elias Villar Ortiz, 42, a Dominican national residing in Brockton, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
23. John Doe, an individual residing in Roxbury whose true identity remains unknown, was charged with one count of aggravated identity theft; one count of false representation of a Social Security number; and one count of theft of government funds.
24. John Doe, an individual residing in Lynn whose true identity remains unknown, was charged with one count of aggravated identity theft and one count of false representation of a Social Security number.
25. John Doe, an individual residing in Revere whose true identity remains unknown, was charged with one count of aggravated identity theft and one count of making a false statement in an application and use of a U.S. passport.

The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of identity theft 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. The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Attorney General Jeff Sessions; United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement today. Valuable assistance was provided by the U.S. Marshals Service Puerto Rico Violent Offender Task Force. Assistant U.S. Attorneys Karen Burzycki, Christine Wichers, Patrick Callahan, and Rachel Hemani of Lelling’s Criminal Division are prosecuting the cases.

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

BOSTON – A Georgia woman pleaded guilty today in connection with her role in a long-running interstate prostitution ring. 

Susan Bashir, a/k/a “Susan Redmon,” a/k/a “Susan Redmond,” 41, of Stone Mountain, Ga., pleaded guilty to one count of conspiracy to persuade, induce, entice, or coerce individuals to travel in interstate commerce to engage in prostitution and one count of conspiracy to engage in money laundering. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Nov. 8, 2018. On March 15, 2018, Bashir was charged and arrested along with Jineok Kim, 38, of Watertown, Mass; Yoon I. Kim, 36, of Haymarket, Va.; Taehee Kim, a/k/a “Hyunsook Kim,” 46, of Haymarket, Va.; and Kyung Song, 52, of Lexington, Mass.

According to court documents, Bashir worked for the prostitution network from at least 2013 until March 2018. The prostitution network had multiple brothels in high-end apartments in Cambridge, Mass.; Atlanta, Ga.; and eastern Virginia. They advertised appointments with Asian women primarily on three websites: www.bostonasiandolls.com, www.exoticasiansatlanta.com, and www.redhotflowers69.com. The women advertised on the websites were moved from city to city within the network, working as prostitutes for the organization.

Bashir’s role in the scheme involved screening potential clients that called to book an appointment and then arranging logistics for the client to meet with one the advertised women. Bashir also updated the prostitution websites and calculated the payments for each prostitute based on the number of clients she had met with. In addition, Bashir collected the cash earnings from the women working at the Georgia brothels and made bulk deposits at ATMs, funneling the money into accounts allegedly controlled by Taehee Kim and Yoon Kim.

The charge of conspiracy to persuade, induce, entice, or coerce women to travel in interstate commerce to engage in prostitution 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/loss, whichever is greater. The charge of conspiracy to engage in money laundering  provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the value of the laundered funds. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Andrew E. Lelling; Peter C. Fitzhugh Special Agent in Charge of Homeland Security Investigations in Boston; Delany De Leon-Colon, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Cambridge Police Commissioner Branville G. Bard Jr. made the announcement today. Assistant U.S. Attorneys David J. D’Addio and Amy Harman Burkart of Lelling’s Civil Rights Enforcement Team are 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. 

BOSTON – A retired Massachusetts State Police Trooper was arrested and charged today in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police (MSP).

Daren DeJong, 57, of Uxbridge, was charged with embezzlement from an agency receiving federal funds. DeJong will appear in U.S. District Court in Boston at 3:15 p.m. today.

“Mr. DeJong, who was sworn to uphold the law, betrayed the public trust by embezzling funds from the Massachusetts State Police,” said Andrew E. Lelling, United State Attorney for the District of Massachusetts. “Today’s arrest is another step in our ongoing effort to root out fraud and ensure that public funds are appropriately used.” 

“As alleged, Mr. DeJong abused his position and betrayed the public's trust by stealing thousands of dollars from overtime shifts he did not work. Instead of enforcing the rules of the road and cracking down on aggressive drivers, he selfishly lined his pockets with paychecks from bogus shifts at the expense of hard-working taxpayers. The FBI would like to thank the Massachusetts State Police for their cooperation, support, and professionalism during the course of this investigation,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division.

According to court documents, DeJong, who is currently retired, was a MSP Trooper assigned to Troop E, which is responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90.  DeJong allegedly received overtime pay for hours that he either did not actually work at all, or shifts in which he departed one to seven hours early.   

The alleged conduct involves overtime pay for selective enforcement initiatives, including the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative. Both initiatives are intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers and targeting vehicles traveling at excessive speeds.  DeJong was required to work the entire duration of the shifts – either four or eight hours – and truthfully report the date, time and sector of deployment on the citations issued during the shift. As alleged, DeJong concealed the fraud by submitting citations that were issued prior to the overtime shift, altered the citations to create the appearance that citations were issued during the overtime shift, and/or submitted citations that were never issued and never took place. 

Trooper DeJong earned $179,000 in 2016, which included approximately $63,000 in overtime, of which $14,062 was attributable to AIRE and X-Team shifts that DeJong either left early or did not show up for.

In 2015 and 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants. 

On June 27, 2018, former Lieutenant David Wilson, 57, of Charlton; Trooper Gary Herman, 45, of Chester; and former Trooper Paul Cesan, 50, of Southwick, were arrested and charged with the same crime. On July 2, 2018, former Trooper Gregory Raftery, 47, of Westwood pleaded guilty.

The charge of theft of government funds 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. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Lelling; FBI SAC Shaw; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit and Neil Gallagher of Lelling’s Economic Crimes Unit are prosecuting the case.

BOSTON – A Harwich man was convicted today by a federal jury in Boston of firearms and drug offenses.

Timothy Fletcher, 36, was convicted of one count of possession of cocaine base with intent to distribute, one count of possession of cocaine with intent to distribute, and one count of being a felon in possession of a firearm and ammunition - a Tisas, Model Regent .45 caliber semi-automatic pistol, 58 rounds of .45 caliber ammunition and 60 rounds of 9mm ammunition. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Oct. 23, 2018. Fletcher was arrested and charged in December 2015 and has been detained since.

On April 3, 2015, police executed a search warrant at a storage unit in Hyannis where they recovered, among other items, firearms, 124 rounds of ammunition, crack cocaine, powder cocaine, $1420 in cash, drug paraphernalia, two digital scales, boxes of plastic sandwich baggies, approximately 223 pairs of sneakers, and various documents containing Fletcher’s name. The firearms, firearm magazines, some of the drugs and the cash were hidden inside various sneakers and sneaker boxes. Fletcher’s fingerprints were recovered from a magazine found inside a sneaker box with the .45 caliber semi-automatic pistol.

The night before the warrant was executed, Fletcher was stopped by the police and found to be in possession of the key to the storage facility and unit.

The charge of being a felon in possession provides for a mandatory minimum sentence of 15 years and up to a lifetime in prison, a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Each drug charge provides for a sentence of no greater than 30 years in prison, three years of supervised release and a fine of $2 million.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Barnstable Police Chief Matthew Sonnabend; and Yarmouth Police Chief Frank Frederickson made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Roxbury man identified as John Doe was arrested today and arraigned in federal court in Boston.

According to the indictment unsealed today, Doe repeatedly used a Social Security number that was not his, including to obtain a U.S. passport, which he then used to enter the U.S., and in support of a claim for Massachusetts unemployment insurance benefits. The indictment also charges that Doe obtained public housing benefits worth over $65,000 by using a Social Security number that was not his. The defendant’s true identity remains unknown.

The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive with any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. The charges of theft of public funds and using a passport obtained through false statements each provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, Labor Racketeering and Fraud; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A Boston man was charged yesterday in federal court in Boston with unlawfully possessing a loaded handgun. 

Jermaine Fenton, 40, was indicted on one count of possession of a firearm and ammunition by a felon. 

On June 2, 2018, law enforcement officers responded to a call reporting a person with a gun in Dorchester. Fenton had been involved in a dispute with his girlfriend when his girlfriend’s uncle went to check on the situation. When the uncle arrived, he witnessed Fenton hit his niece. When the uncle attempted to separate Fenton from his niece, Fenton threatened the uncle and then went to reach for an object under his bed. Fenton was held back and the uncle was able to retrieve the object, a Glock model 36, .45 caliber pistol with rounds of .45 ammunition. Fenton then fled the home.

About an hour after the initial 9-1-1 call, police were called back to the residence because Fenton was spotted hiding in the back yard. When police arrived, Fenton was hiding in the grass in the back of the house where he was arrested; he is currently in state custody.

In 2010, Fenton was convicted in federal court in Boston of being a felon in possession of a firearm and sentenced to 57 months in prison. 

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

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Evans made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – An Abington man pleaded guilty yesterday in federal court in Boston to robbing three Greater Boston-area banks.

John Soule, 53, pleaded guilty to three counts of bank robbery. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Oct. 19, 2018. Soule was arrested and charged in September 2017 and has been detained since.

On July 12, 2017, Soule entered a branch of the Eastern Bank in Cambridge, where he jumped over the teller’s counter, stated that he had a knife, and demanded the bank’s money. The tellers gave Soule money from their drawers, and Soule exited the bank with $12,940.

On Aug. 9, 2017, Soule entered a branch of the Webster Bank on Franklin Street in Boston and announced a robbery. He jumped over the tellers’ counter and demanded the bank’s money. The tellers gave Soule money from their drawers, and he exited the bank with $3,137.

One month later, on Sep. 8, 2017, Soule entered a branch of the Rockland Trust on Quincy Street in Quincy, where he approached a teller demanding money and then jumped over the counter and entered the bank’s vault. A post-robbery audit determined that Soule stole $42,747 during the robbery.

Video surveillance cameras outside of all three banks captured images of Soule moments before the robberies and following the robberies on a mountain bike.

Throughout their investigation, law enforcement received various tips and information that Soule was the person responsible. On Sept. 29, 2017, law enforcement located and arrested Soule, who, at the time of his arrest, was in possession of over $8,000. Soule was later interviewed and admitted his involvement in the robberies, providing law enforcement with specific details.

Each charge of bank robbery provides for a sentence of no greater 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 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 Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting this case.

BOSTON – A Texas man involved in a Lawrence-based narcotics trafficking operation was sentenced today in federal court in Boston.

Joel Jahamal Rougeau, 42, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 135 months in prison and three years of supervised release. In November 2017, Rougeau pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute fentanyl, heroin, and cocaine. On Aug. 12, 2015, Rougeau and three co-defendants, Jerri Martinez-Tejeda and Yoelly Carmenatty, both of Lawrence, and Lily Solis, of Texas, were indicted.

In March 2014, an investigation into a drug trafficking organization operating in Massachusetts, California and elsewhere led law enforcement to Martinez-Tejeda. In late May or early June 2015, Martinez-Tejeda hired Rougeau to pick up nine kilograms of narcotics in California and transport them to the Northeast. Solis, who was romantically involved with Rougeau, accompanied Rougeau to translate Spanish to English for him.

On June 4, 2015, law enforcement in Oklahoma intercepted Rougeau and Solis transporting the nine kilograms of fentanyl to Martinez-Tejeda and his partner, Carmenatty, in Lawrence for distribution. After the shipment was seized, Martinez-Tejeda and Carmenatty believed that Rougeau and Solis had faked the encounter with law enforcement in order to steal the fentanyl from them. They hired an “enforcer” from Mexico to go to Oklahoma and kidnap and torture Rougeau and Solis. Their plan was thwarted when Rougeau fled and Solis was taken into custody. Approximately 18 months later, Rougeau was captured in Mexico and turned over to U.S. authorities.

In June 2016, Solis was sentenced to 33 months in prison; in October 2016, Martinez-Tejeda was sentenced to 292 months in prison; and in January 2017, Carmenatty was sentenced to six years in prison. One additional defendant, Michael Bate, was charged in a superseding indictment for his role as a money courier for the drug trafficking organization. Bate was sentenced to three years in prison in November 2016. 

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

“Supervised injection facilities” would violate federal laws prohibiting the use of illicit drugs and the operation of sites where illicit drugs are used and distributed. Employees and users of such a site would be exposed to federal criminal charges regardless of any state law or study.  

I cannot envision any scenario in which sites that normalize intravenous use of heroin and fentanyl would be off limits to federal law enforcement efforts.   

Heroin use fuels a deadly drug trade that is ravaging our state and the region, and my office is keenly focused on curbing the opioid and heroin epidemic. Providing a sanctuary to accommodate risky and lethal illegal drug use undermines all of the hard work of treatment providers and law enforcement across the Commonwealth. 

The opioid epidemic requires that we remain laser-focused on prevention, treatment, and enforcement – not the normalization of intravenous use of heroin and fentanyl.