District of Massachusetts
Press releases recorded for this federal judicial district.
Agawam Man Indicted for Cocaine ConspiracyRead the Press Release
BOSTON – An Agawam man was charged in an indictment unsealed today with a federal cocaine offense.
Lawon Baulkman, 36, was indicted on one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
According to court documents, Baulkman participated in a cocaine conspiracy from at least 2015 until in or about September 2016.
Because Baulkman has prior felony drug convictions, he faces a sentence of at least 10 years and up to life in prison, at least eight years of supervised release, and a fine of up to $8 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Internal Revenue Service Criminal Investigation’s Springfield Branch Office assisted with the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling's Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Pain Management Physician Sentenced to Eight Years for Health Care Fraud and Money LaunderingRead the Press Release
BOSTON – A Dover, Mass., pain management physician was sentenced today in federal court in Boston in connection with his scheme to defraud Medicare and other health care insurers, and then using the proceeds of his illegal activity to support his extravagant lifestyle.
Fathallah Mashali, 62, was sentenced by U.S. District Court Senior Judge Rya W. Zobel to eight years in prison, three years of supervised release and ordered to pay restitution of $8,725,120. In March 2017, Mashali pleaded guilty to 27 counts of health care fraud, one count of conspiracy to commit mail fraud, and 16 counts of money laundering.
Mashali, a licensed physician in Massachusetts and Rhode Island, operated New England Wellness & Pain Management, P.C., a/k/a New England Pain Associates, P.C., of Massachusetts and Rhode Island, a/k/a Greystone Pain Management, Inc., a/k/a New England Pain Institute, P.C. (NEPA). He also employed Egyptian doctors in Cairo, Egypt, who entered false information into U.S. patients’ medical records. Many of the patients at NEPA were Medicare beneficiaries.
From approximately October 2010 through March 2013, Mashali falsely billed Medicare for extensive medical services that he did not provide. He treated patients with chronic pain conditions and frequently gave his patients large doses of prescription medications, including powerful opiates. Mashali falsely stated in patients’ medical records and representations to Medicare and private insurance companies that he had seen patients for 25 minutes per appointment or longer, when in fact, Mashali often saw his patients for less than five minutes. In his brief interactions with his patients, Mashali did not perform any physical examinations and barely inquired into the patient’s medical status or history. In addition, he overbooked his patient appointments and arrived to work sometimes as late as four hours after his first scheduled appointment. His scheduling practices caused significant overcrowding at his offices and left him with no meaningful ability to assess each individual patient. Mashali then falsely documented that he conducted extensive physical exams, when he most often did not even touch his patients. As a result of his false statements, he obtained substantial reimbursement from Medicare and private insurance companies.
“Dr. Mashali ran his pain management practice as a pill mill,” said United States Attorney Andrew E. Lelling. “He overprescribed powerful narcotics without any discernible medical services to patients, and some patients died from overdoses. At one point, Dr. Mashali was one of the highest-volume prescribers of oxycodone in Massachusetts, second only to a leading Boston hospital. He took advantage of patients, his staff and the American healthcare system by defrauding Medicare. This sentence ensures that Dr. Mashali will never again treat – or mistreat – patients in order to line his own pockets at the expense of patient care.”
“Through his fraudulent schemes, Dr. Mashali exposed his patients to unnecessary risks, over-prescribed medications including powerful opiates, and recklessly failed to provide the appropriate level of treatment expected from our health care professionals,” said Harold Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Not only did he exploit Medicare and taxpayer funded programs to support his lavish lifestyle, he lied, cheated, and stole from these programs. Playing fast and loose with the rules undermines the integrity of our healthcare system, contributes to its rising cost, and ultimately impacts on the quality of care expected from health care providers. This case should serve as a warning to others that the FBI is deeply committed to investigating cases of graft and greed in order to protect important taxpayer funded programs.”
Mashali also routinely billed Medicare and private insurers for urine drug test results that were false and fraudulent. He caused patients’ urine samples to be stored for weeks and up to three months unrefrigerated in a sunlit space in his laboratory in Holbrook, Mass., which left them degraded and worthless. The decomposition caused a significant stench of stale urine throughout the lab. Mashali nevertheless made his lab technicians test all the old urine, while well aware that his practice of urine sample storage was wrong. When inspectors showed up at his lab, he directed his staff to move the unrefrigerated urine out of sight.
Mashali mandated that his staff run every patients’ urine sample on two machines, each of which used the same scientific testing methodology, which Mashali knew was contrary to Medicare billing rules. He caused every patients’ urine specimen to be chemically confirmed, despite the fact that he did not even know the result of the initial urine drug screening test, knowing that this was also contrary to Medicare billing rules. Moreover, Mashali ran tests on chemical analyzers that had not been properly calibrated and validated.
When Medicare began to inquire about Mashali’s unlawful billing practices and initiated an audit of Mashali’s medical services, requesting 40 patient medical files, Mashali caused his staff both in the United States and in Egypt to falsely alter patient records. This included falsifying patient encounters which had taken place sometimes one or more years earlier, and faking and backdating the results of patients’ urine drug tests. Mashali knew that his patient records would not pass muster with Medicare’s auditors and thus ordered his staff to make these changes.
Mashali used the proceeds derived from his fraudulent billing to fund a lavish lifestyle, spending money on his extravagant Dover residence and a condominium in Florida. For example, he ordered the construction of a carriage house and outfitted his Dover home with a squash court and movie theater.
“Today’s sentence underscores our ongoing commitment to protecting the American people from all forms of healthcare fraud, safeguarding taxpayer resources and ensuring the integrity of essential healthcare programs,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services Office of Inspector General. “Today we’re sending a strong, clear message to anyone seeking to defraud Medicare: You will get caught and you will pay the price.”
“This case demonstrates the high-level of commitment and perseverance by all law enforcement partners to combat health care fraud,” said Anthony M. DiPaolo, Chief of Investigations for the Insurance Fraud Bureau. “Dr. Mashali took advantage of his patients and deprived them of proper health care while defrauding Medicare and other health care insurers. The IFB has zero tolerance for this type of fraud and continues to fight health care fraud for the citizens of the Commonwealth. The success of this case is due to the collaborative effort of all agencies involved.”
“The sentence imposed by the court today sends a strong message to the health care community - those who defraud Medicare and private insurers to unjustly enrich themselves will pay a hefty price,” said Special Agent in Charge Joel P. Garland, IRS Criminal Investigation. “As a physician entrusted to promote the health of his patients, Mr. Mashali’s conduct is especially egregious. He jeopardized lives by providing substandard care and often prescribed powerful opiates, contributing to the current epidemic. The IRS will continue to bring our financial expertise to health care schemes investigated jointly with our partners.”
U.S. Attorney Lelling; FBI SAC Shaw; HHS-OIG SAC Coyne; Massachusetts IFB Chief DiPaolo; IRS-CI SAC Garland; and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorneys Maxim Grinberg, Abraham R. George and Doreen Rachal of Lelling’s Office prosecuted the case.
MS-13 Member Sentenced to 22 Years in Prison for RICO Conspiracy Involving Murder & Attempted MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston to racketeering conspiracy involving murder, attempted murder, and conspiracy to commit murder.
Bryan Galicia Barillas, a/k/a “Chucky,” 21, a Guatemalan national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 22 years in prison and five years of supervised release. Galicia Barillas will be subject to deportation upon completion of this sentence. In October 2017, he pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
The racketeering activity by Galicia Barillas, a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique, included his involvement in the death of an innocent bystander in Chelsea. On Oct. 18, 2014, Galicia Barillas and Hector Ramires, a/k/a “Cuervo,” another member of the ECS clique, encountered a group of individuals in Chelsea suspected of belonging to a rival gang. Ramires, who was armed with a weapon that Galicia Barillas had provided on an earlier occasion, shot at one of the suspected gang rivals and missed, killing an innocent bystander who was looking out a nearby window of a room she shared with her three children. Galicia Barillas was a juvenile at the time of the murder.
Galicia Barillas also accepted responsibility for his role in a Sept. 8, 2014, stabbing and attempted murder of an individual in Chelsea, which Galicia Barillas also committed when he was a juvenile. Shortly after he turned 18, Galicia Barillas was involved in an April 2015 conspiracy to kill an MS-13 member that the gang believed was cooperating with law enforcement, and a May 26, 2015 stabbing and attempted murder of a suspected rival gang member in Chelsea.
Ramires pleaded guilty in October 2017 to RICO conspiracy involving murder and is scheduled to be sentenced on April 11, 2018.
After a three-year investigation, Galicia Barillas and Ramires were two of 61 persons named in a fifth superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. MS-13 is one of the largest criminal organizations in the United States with thousands of members across the country, including a sizeable presence in Massachusetts. MS-13 members are required to commit acts of violence, including murder, against suspected gang rivals and those suspected of cooperating with law enforcement. The fifth superseding indictment alleges that, from approximately 2014 to 2016, MS-13 cliques in Massachusetts were responsible for, among other things, six murders and approximately 20 attempted murders, as well as robberies and drug trafficking.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations. All remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
8 Charged in Connection with Trafficking Cocaine and Heroin from Mexico to Springfield AreaRead the Press Release
BOSTON – Eight men have been charged in three indictments on narcotics and money laundering offenses. The indictments are the result of a 14-month wiretap investigation into a large-scale drug trafficking organization supplied by sources in Mexico and spanning at least four states.
1. Miguel Betancourt, 50, of Springfield, was charged with conspiracy to distribute, and possess with intent to distribute cocaine and money laundering conspiracy;
2. Isaac Cardona, 31, of Springfield, was charged with conspiring to distribute 500 grams or more of cocaine, conspiring to traffic at least one kilogram of heroin, and money laundering conspiracy;
3. Rafael Cardona Sr., 58, of Springfield, was charged with conspiring to distribute 500 grams or more of cocaine, and conspiring to traffic at least one kilogram of heroin;
4. Victor Hugo Gonzalez, 27, of Perris, Calif., was charged with conspiring to distribute five kilograms or more of cocaine, and money laundering conspiracy;
5. Jose Martinez, 32, of Lehigh Acres, Fla., was charged with conspiring to traffic at least one kilogram of heroin, and money laundering conspiracy;
6. Carlos Mares Jr., 39, of Springfield, was charged with conspiracy to distribute and possess with intent to distribute cocaine;
7. Lorenzo Deconinck, 59, of Jamaica, Vt., was charged with conspiracy to distribute and possess with intent to distribute cocaine; and
8. Juan Ramos, 37, of Wardsboro, Vt., was charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
Betancourt, Rafael Cardona Sr., Isaac Cardona, Mares, Deconinck, and Ramos were arrested yesterday and arraigned in federal court in Springfield. Gonzalez was arrested and made his initial appearance in Irvine, Calif., on Oct. 6, 2017, but failed to appear for his scheduled arraignment in Springfield on Nov. 1, 2017. He is currently a fugitive.
A ninth co-conspirator, David Cruz, 40, of Westfield, Mass., was arrested in September 2016 and pleaded guilty to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, carrying a firearm in furtherance of a drug offense, and being a felon in possession of a firearm. He is scheduled to be sentenced on June 6, 2018.
According to court documents, Betancourt, the Cardonas, Gonzalez, and Martinez conspired with Cruz to traffic cocaine and heroin from Mexico, through California, to the Springfield area and into New England. The conspiracy involved approximately 32 kilograms of cocaine and at least one kilogram of pure fentanyl.
Cruz allegedly received his first shipment of cocaine from his drug sources in Mexico in the summer of 2015. Cruz distributed five kilograms of that cocaine to Betancourt, leaving Betancourt with a large drug debt. In an attempt to pay down his drug debt, it is alleged that Betancourt used his Enfield, Conn., used-car dealership, State Line Auto Sales LLC, to convey two vehicles to Cruz and register them in Massachusetts in the name of a third-party. In December 2015, Betancourt used a bank account held in the name of the dealership to wire $9,500 of Cruz’s drug proceeds to a bank account in Michoacán, Mexico, held by a relative of one of his Mexican cocaine sources.
It is further alleged that Cruz received additional shipments of cocaine from his Mexican sources in late 2015 and August 2016. In July 2016, the Mexican drug sources sent Gonzalez from California to Westfield, Mass., to oversee the arrival of a shipment of cocaine. According to surveillance videos, on Aug.2, 2016, the cocaine arrived, concealed in a vehicle, and Cruz and Gonzalez unloaded more than five kilograms of cocaine from the vehicle in a parking lot. Cruz then broke down and repackaged the cocaine for distribution in Vermont and Massachusetts, where approximately one and a half kilograms of cocaine was distributed to Isaac Cardona in early August 2016.
At the direction of the Mexican sources and Cruz, Gonzalez, and another co-conspirator, then deposited the cash proceeds from the cocaine sales into multiple accounts held by third parties in amounts under $10,000 in order to avoid triggering the banks’ reporting requirements.
The indictments also allege that Isaac Cardona owed Cruz money for one kilogram of the cocaine Cruz had distributed to him, and, in order to pay down that debt, Isaac Cardona, Rafael Cardona Sr., Martinez, Cruz, and other co-conspirators conspired to import at least one kilogram of heroin (which turned out to be pure fentanyl) from sources in Mexico. In late August 2016, Isaac Cardona and Martinez traveled by car to San Diego, Calif., with cash to pay for the heroin. Cruz later traveled to San Diego, retrieved the car and the cash, and, on Sept. 8, 2016, used the cash to purchase what he believed to be one kilogram of heroin. According to court proceedings, law enforcement in California seized the vehicle and recovered approximately one kilogram of pure fentanyl.
It is alleged that Mares, Deconinck, and Ramos purchased cocaine from Cruz for redistribution.
The charges of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin provide for a minimum mandatory sentence of 10 years and up to life in prison, a lifetime of supervised release, and a fine of up to $8 million. With a prior felony drug conviction, the charge of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin provides for a mandatory minimum sentence of 20 years and up to life in prison, at least 10 years of supervised release, and a fine of up to $20 million. The charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum 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. With a prior felony drug conviction, the charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of 10 years and up to life in prison, at least eight years of supervised release, and a fine of up to $8 million. The charge of conspiracy to distribute and possess with intent to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of $1 million. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of not more than $500,000 or twice the value of the property involved in the money laundering. 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; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. DEA’s Carlsbad Resident Office, Homeland Security Investigations, and the Westfield Police Department assisted in the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Office is prosecuting the case
The details contained in the indictments are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Waltham Couple and Company Indicted for Conspiracy to Illegally Obtain U.S. Goods for SyriaRead the Press Release
BOSTON – A Waltham couple, their company, and a Syrian national were indicted today in federal court in Boston in connection with a scheme to smuggle goods out of the United States and to supply services to Syria. The company and the defendants also conducted business with EKT Electronics, which was involved in the acquisition and/or development of improved explosive devices used against U.S. troops in Iraq and Afghanistan.
Anni Beurklian, a/k/a Anni Ajaka (“Beurklian”), 49, a naturalized U.S. citizen from Lebanon who resided in Waltham; her husband, Antoine Ajaka, a/k/a Tony Ajaka (“Ajaka”), 50, a lawful permanent resident from Lebanon who resided in Waltham; Amir Katranji, a/k/a Amir Hachem Katranji, a/k/a Amir Hachem Alkatranji, a/k/a Amir Katra (“Katranji”), 52, a Syrian national; and Top Tech US Inc., a U.S. company, which operated out of the Ajaka/Beurklian residence in Waltham, were indicted on conspiracy to violate U.S. export laws and regulations, conspiracy to defraud the United States, smuggling U.S. goods out of the United States, conspiracy to obstruct justice, and obstruction of justice. Beurklian, Ajaka, and Top Tech US Inc. are also charged with illegally providing services to persons located in Syria and mail fraud. Beurklian and Ajaka previously fled the U.S. and have not returned.
As alleged in the indictment, beginning no later than 2012 and continuing until Jan. 9, 2018, Beurklian and her husband operated an export business, Top Tech US Inc., out of their Waltham residence. The couple used their business to procure goods, including electronics, computer equipment, and electrical switches, from U.S. companies and export those goods out of the United States to customers in Lebanon and Syria. One of their customers was Amir Katranji, a citizen of Syria who operates and manages EKT Electronics (EKT), a company headquartered in Syria. In 2007, EKT and its founder, Mohammad Katranji, Amir Katranji’s father, were added to the Department of Commerce’s Entity List because the U.S. Government had determined that EKT and Mohammad Katranji were involved in activities related to the acquisition, attempted acquisition, and/or development of improvised explosive devices, which were being used against U.S. and Coalition troops in Iraq and Afghanistan. As a result, since 2007, no U.S. person has been permitted to export U.S. goods to EKT without first obtaining an export license from the Department of Commerce. As alleged in the indictment, no one has sought or obtained an export license to export any U.S. goods to EKT or Mohammad Katranji.
The indictment further alleges that in or about 2013, Ajaka and Beurklian began doing business with Katranji and supplying U.S. origin goods to EKT using Top Tech US. Ajaka and Beurklian knew that Katranji operated a business in Syria and that they were providing brokering services to Katranji and his Syrian company, EKT, by buying and shipping U.S. origin goods to EKT and its customers. EKT paid Ajaka and Beurklian more than $200,000 through Top Tech US bank accounts for their services. To conceal their illegal activity with EKT and evade the mandatory export filing requirement, Ajaka and Beurklian, with the knowledge and agreement of Katranji, falsified shipping paperwork and undervalued goods being shipped overseas directly to, or on behalf of, EKT.
Additionally, the indictment alleges that, in or about 2016, after U.S. Government officials began detaining international shipments made by Top Tech US before they had exited the country, Beurklian, Ajaka, and Katranji conspired to obstruct justice and obstructed justice by manipulating, deleting, and falsifying records regarding shipments of U.S. goods overseas. The indictment further alleges that, on Jan. 9, 2018, after engaging in plea negotiations with the U.S. Government, Beurklian and Ajaka fled the United States to avoid prosecution. To date, they have not returned.
The charge of conspiring to violate U.S. export laws provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. The charges of conspiring to defraud the U.S. and conspiring to obstruct justice each provide 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 smuggling U.S. goods out of the U.S. provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charges of illegally providing services to persons located in Syria and mail fraud provide for a sentence of no greater than 20 years in prison and three years of supervised release. The fine for violating U.S. Syrian sanctions is $1 million, and the fine for mail fraud is $250,000..
The corporate defendant, Top Tech US, faces up to a $500,000 fine if convicted of smuggling goods from the United States, obstructing justice, conspiring to defraud the United States, and mail fraud; and up to a $1 million fine if convicted of conspiring to violate U.S. export laws and violating the U.S. Syrian Sanctions Regulations. 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; Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigation, Boston Field Office; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation. Boston Field Division; Michael Imbrogna, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; and Leigh Alistair-Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney B. Stephanie Siegmann of Lelling’s National Security Unit.
The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two MS-13 Members Plead Guilty and Accept Responsibility for their Role in 2015 MurderRead the Press Release
BOSTON –Two MS-13 members have pleaded guilty in federal court in Boston to charges of racketeering conspiracy involving murder.
Oscar Recinos Garcia, a/k/a “Psycho,” 24, a Salvadoran national, pleaded guilty today to RICO conspiracy and being an alien in possession of a firearm and ammunition. U.S. District Court Judge F. Dennis Saylor IV scheduled Recinos Garcia’s sentencing for June 13, 2018.
Yesterday, Jose Andrade a/k/a “Inocente,” 27, a Salvadoran national, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO, and conspiracy to distribute marijuana. Judge Saylor scheduled Andrade’s sentencing for June 12, 2018.
Andrade and Recinos Garcia were both members of the Everett Locos Salvatrucha, or ELS clique, of MS-13. The defendants admitted that their racketeering activity, on behalf of MS-13, included their involvement in the murder of a teenager who was associated with MS-13 and wrongly suspected by the gang of cooperating with law enforcement. On July 5, 2015, the victim was murdered in Lawrence by Josue de Paz a/k/a “Gato” and another MS-13 member. Evidence showed that Andrade and Recinos Garcia were both involved in planning the murder and shared the intent to have the victim killed. The evidence also showed that Andrade was part of the original plan to kill the victim, but was unable to participate in the murder because he was arrested in June 2015. The gang then recruited De Paz to commit the murder, and Recinos Garcia passed along the message to De Paz to kill the victim.
De Paz and Recinos Garcia were arrested on July 8, 2015, in Somerville in a raid that resulted in the recovery of a firearm, several large knives, photographs of MS-13 members flashing gang signs, and a large volume of MS-13 paraphernalia, including blue and white hats, bandanas and rosary beads. Recinos Garcia was also charged with possession of the firearm seized on that day. Andrade was also charged with conspiracy to distribute marijuana after evidence revealed that he and other MS-13 members distributed marijuana on behalf of the gang. De Paz pleaded guilty to RICO conspiracy involving murder and is awaiting sentencing.
The charges of RICO conspiracy involving murder provide for a sentence of up to life in prison, up to five years of supervised release, and up to a $250,000 fine. The charge of conspiracy to distribute marijuana provides for a sentence of no greater than five years in prison, a lifetime supervised release, and a fine of $250,000. The charge of being an alien in possession of a firearm provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and up to a $250,000 fine. Andrade and Recinos Garcia will be subject to deportation upon the completion of their sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Andrade and Recinos Garcia are the 36th and 37th defendants, respectively, to be convicted in this case either after trial or after entering a guilty plea.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
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.
Holyoke Man Sentenced for Illegal Firearms PossessionRead the Press Release
BOSTON – A Holyoke man was sentenced yesterday in federal court in Springfield for illegally possessing firearms.
Francisco Figueroa, 33, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 35 months in prison and three years of supervised release. In June 2016, Figueroa pleaded guilty to one count of being a felon in possession of firearms and ammunition. In November 2015, Figueroa and his co-defendant, Eric Lopez, were arrested and charged.
Figueroa and Lopez were arrested as part of an investigation into firearms and narcotics trafficking by members of the Springfield and Holyoke chapters of the Latin Kings. In total, 11 members and leaders were arrested as part of the investigation.
Figueroa is prohibited from possessing firearms and ammunition due to a prior criminal conviction. On Nov. 12, 2014, Figueroa possessed a Zastava, model SKS (M59/66A1), 7.62mm rifle and a CZ, model CZ527M Carbine, 7.62mm rifle.
In June 2016, Lopez pleaded guilty to illegally possessing firearms and ammunition. He was sentenced on March 15, 2018, to 114 months in prison.
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; and Springfield Police Commissioner John Barbieri made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Dominican National Pleads Guilty to Identity TheftRead the Press Release
BOSTON – A Dominican national residing in Lawrence pleaded guilty today in federal court in Boston to identity theft and related charges.
Willy Antonio Hernandez Camilo, 34, pleaded guilty to one count of passport fraud, two counts of misuse of a Social Security number, and two counts of aggravated identity theft. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for June 4, 2018.
In 2014, Hernandez Camilo applied for a passport at a Methuen post office purporting to be a U.S. citizen. On the application he represented that the name, Social Security number, and date of birth of a Puerto Rican man were his. He supported the application with a birth certificate and a 2012 Massachusetts driver’s license, both in the victim’s name. In 2016, Hernandez Camilo went to a Massachusetts Registry of Motor Vehicles office in Haverhill and applied to renew his Massachusetts driver’s license. Again, he represented the victim’s identity to be his own. Hernandez Camilo admitted that he knew the identity he used was not fabricated but belonged to a real person.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release and a fine of up to $250,000. The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised released, 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; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State, Bureau of Diplomatic Security, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
Advanced Thermal Technologies and CEO Agree to Pay $100,000 for Failing to Account for Federal Research FundsRead the Press Release
Boston – Advanced Thermal Technologies, LLC (ATT), and its President and Chief Operating Officer, James W. Connell, of Upton, Mass., agreed today to pay $100,000 to resolve allegations that they failed to account for a portion of federal research grants they received and that they used a portion of the funds unlawfully.
“This office will take action when grant recipients misuse federal taxpayer money and fail to account for federal research dollars,” said United States Attorney Andrew E. Lelling. “There are many deserving researchers who apply for government grants, and it is unacceptable and unethical for scientists to submit falsified information in order to gain a competitive edge.”
Allison Lerner, NSF Inspector General said: “The SBIR program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to vigorously pursue oversight of these taxpayer funds.”
April G. Stephenson, DOE Principal Deputy Inspector General said: “This settlement serves as a reminder that fraud in the SBIR Program will not be tolerated. The SBIR Program is an essential Department of Energy program that supports scientific excellence and technological innovation and we will investigate and pursue fraud aggressively.”
In a complaint filed today, the government alleges that ATT and Connell failed to account for federal grant funds under eight awards from the National Science Foundation (NSF) and the U.S. Department of Energy (DOE), in connection with the agencies’ Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. These programs grant awards to small, for-profit businesses, such as ATT, for the purpose of stimulating technological innovation, using small businesses to meet federal research and development needs, and increasing private sector commercialization of innovations derived from federal research and development. NSF and DOE awarded the research funds to ATT and Connell in response to grant applications that proposed research to identify and develop different materials and methods for dissipating the heat generated by high power electronics.
The government’s complaint alleges that on multiple occasions from 2007 to 2016, Connell personally certified to NSF and DOE that: (1) ATT maintained an adequate financial system to account for the award funds as required by regulations, (2) ATT would comply with the award terms and conditions, and (3) ATT spent the award funds and performed the research in accordance with the terms and conditions. The complaint alleges that these certifications were often false because ATT and Connell failed to prepare and maintain documentation substantiating that they used the funds for the awarded research projects, and, on occasion, that they claimed and received funds for NSF projects that were already completed.
U.S. Attorney Lelling, NSF Inspector General Lerner and DOE Principal Deputy Inspector General Stephenson made the announcement today. The matter was handled by Assistant U.S. Attorney Anita Johnson of Lelling’s Civil Division.
Brockton Man Convicted by Federal Jury of Fentanyl DistributionRead the Press Release
BOSTON – A Brockton man was convicted by a federal jury in U.S. District Court in Boston on Friday, March 16, 2018, of fentanyl distribution.
Dany Brandao, 30, was convicted of four counts of fentanyl distribution and one count of possession with intent to distribute more than 40 grams of fentanyl. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for June 6, 2018.
On Oct. 7, 2016, Oct. 11, 2016, Oct. 25, 2016, and Nov. 1, 2016, Brandao met with an undercover police detective and sold him plastic baggies containing fentanyl. On Nov. 8, 2016, law enforcement executed a search warrant at Brandao’s home, where they located fentanyl, plastic baggies, cash, and a digital scale. The controlled purchases and search resulted in the seizure of more than 180 grams of fentanyl from Brandao. At the time of these offenses, Brandao was on federal supervised release stemming from a June 2013 conviction for heroin trafficking conspiracy.
Brandao faces a mandatory minimum sentence of 10 years and up to life in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michal J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts States Police; Brockton Police Chief John Crowley; East Bridgewater Police Chief Scott Allen; and Marshfield Police Chief Phil Tavares made the announcement today. Assistant U.S. Attorneys Leah Foley, Ann Taylor, and Craig Estes of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.
U.S. Attorney’s Office Hosts Roundtable Discussion on Sexual Harassment in HousingRead the Press Release
BOSTON – The U.S. Attorney’s Office hosted a roundtable discussion today on sexual harassment in housing, which brought together local legal services organizations, fair housing organizations, and domestic violence advocates.
The Department of Justice, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act. Sexual harassment by landlords, property managers, maintenance workers, and others with power over housing often affects the most vulnerable populations – single parents, individuals who have financial difficulties, and people who have suffered sexual violence in their past.
“There are landlords and property managers who abuse their positions to extort sexual favors from, or even sexually assault, vulnerable tenants, and that is unacceptable,” said U.S. Attorney Lelling said. “This conduct is an egregious violation of a person’s right to fair housing, and my Office’s Civil Rights Unit is dedicated to aggressively investigating such allegations and vigorously enforcing the law.”
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment Initiative, an effort to combat sexual harassment in housing. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of its enforcement efforts – both among survivors and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
The U.S. Attorney’s Office is collaborating with the Justice Department’s Civil Rights Division to raise awareness of the options that are available to help individuals experiencing sexual harassment. Community organizations, such as legal services offices, fair housing organizations, domestic violence advocates, shelters, and transitional housing providers, can identify the misconduct and recommend that individuals report sexual harassment to the Justice Department.
The Justice Department brings cases each year involving allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures.
In 2017, the Justice Department recovered more than $1 million in damages for harassment victims. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.
The Justice Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the U.S. Attorney’s Office’s Civil Rights Unit by calling (617) 275-8756 or emailing [email protected]; or the Justice Department’s Civil Rights Division by calling (844) 380-6178 or emailing [email protected].
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Two Romanian Nationals Sentenced for Racketeering Conspiracy and ATM SkimmingRead the Press Release
BOSTON – Two Romanian nationals were sentenced today in federal court in Boston in connection with an ATM skimming scheme operating throughout Massachusetts and other states including Connecticut, New York and South Carolina.
Denisa Bonculescu, 27, was sentenced by U.S. District Court Judge William G. Young to 21 months in prison and ordered to pay restitution of $43,082 and forfeiture of $10,773. In a separate hearing, Anamaria Margel, 24, was sentenced by Judge Young to 16 months in prison and ordered to pay restitution of $27,582 and forfeiture of $4,597. Bonculescu and Margel will face deportation proceedings upon completion of their sentences. In December 2017, Bonculescu and Margel pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, conspiracy to use counterfeit access devices and money laundering conspiracy.
In May 2017, Bonculescu and Margel were indicted in connection with the ATM skimming scheme along with 12 others.
The defendants, except for one, were members of the Hornea Crew, led by Constantin Denis Hornea and Ludemis Hornea, and engaged in ATM skimming – obtaining debit card numbers and PINs from unsuspecting bank customers, creating counterfeit cards, and making unauthorized withdrawals from the victims’ bank accounts.
Over a period of 18 months, the Crew installed skimming devices and made unauthorized withdrawals in seven states, including Massachusetts. In particular, members of the Crew installed skimming devices in the following locations: Amherst, Bellingham, Billerica, Braintree, Chicopee, Quincy, Southwick, Waltham, Weymouth, and Whately, Mass.; Enfield, Conn.; Columbia, Greenville, Greenwood, Mauldin, and Saluda, S.C.; Savannah, Ga.; and Yadkinville, N.C. The Crew made unauthorized withdrawals at ATMs in approximately 29 Massachusetts towns; seven Connecticut towns; six New York towns; Salem, N.H.; and Sumter, S.C.
Members of the Hornea Crew transferred money throughout the United States and to Romania and the People’s Republic of China. Some of those transfers were for the purchase of skimming devices and related components from abroad.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistance with the investigation was also provided by the Internal Revenue Service’s Criminal Investigations in Boston; U.S. Secret Service; U.S. Postal Service; Massachusetts Department of Correction; U.S. Customs and Border Protection; the Amherst, Billerica, Braintree, Boston, Quincy, Southwick, Waltham, Whately, and Westwood Police Departments; Connecticut State Police; Greenwich Police Department; the New York City Police Department; Houston Police Department; South Carolina Law Enforcement Division; Richland County (South Carolina) Sheriff’s Department; Florence and Saluda (South Carolina) Police Departments; and the Solicitor’s Offices of Greenville and Saluda Counties. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
Three Dominican Nationals Charged with Drug TraffickingRead the Press Release
BOSTON – Three Dominican nationals were arrested and charged yesterday in federal court in Boston in connection with drug trafficking activities that resulted in seizures of approximately two kilograms of suspected fentanyl.
Wareng Jhonny Villar-Ortiz, 39, Saul Martinez Escarfuller, 31, and Julio Cesar Baez, 49, were charged with conspiring to distribute and possess with the intent to distribute controlled substances, and possession with intent to distribute and distribution of controlled substances.
According to court documents, a federal wiretap on phones used by Villar-Ortiz and Martinez Escarfuller revealed that Martinez Escarfuller was supplying drugs to Villar-Ortiz, who then distributed the drugs to various individuals.
During intercepted communications, agents learned that Villar-Ortiz was not satisfied with the quality of certain drugs provided to him by Martinez Escarfuller and wanted to return the drugs to him. On Feb. 14, 2018, Martinez Escarfuller went to Villar-Ortiz’s residence to retrieve the drugs. Agents followed Martinez Escarfuller after he left Villar-Ortiz’s residence, and, a short while later, agents observed Baez exit Martinez Escarfuller’s vehicle and enter into a second vehicle. During a subsequent frisk of Baez, a law enforcement officer observed inside Baez’s coat a large plastic bag, which contained an off-white substance that field-tested positive for the presence of fentanyl. Agents arrested both Baez and Martinez Escarfuller on state charges and seized five cell telephones and $6,000 from Martinez Escarfuller.
Court documents further indicate that on Feb. 15, 2018, agents executed a search of Villar-Ortiz’s residence and seized a kilogram of suspected heroin/fentanyl, a quantity of cocaine, $10,400 in U.S. currency, and other drug-related paraphernalia.
According to court documents, Villar-Ortiz and Baez entered the United States illegally.
The charge of conspiracy provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. The charge of possession with intent to distribute and distribution of controlled substances provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. Villar-Ortiz and Baez will be subject to deportation upon completion of their sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Suffolk County District Attorney Daniel F. Conley; and Boston Police Commissioner William B. Evans made the announcement today. The Ipswich, Arlington, Somerville, and Medford Police Departments assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and David J. D’Addio of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Springfield Man Sentenced for Illegal Firearms PossessionRead the Press Release
BOSTON – A Springfield man was sentenced yesterday in federal court in Springfield for illegally possessing firearms.
Eric Lopez, 36, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 114 months in prison and three years of supervised release. In June 2016, Lopez pleaded guilty to three counts of being a felon in possession of firearms and ammunition. In November 2015, Lopez and his co-defendant, Francisco Figueroa, were arrested and charged.
Lopez was arrested as part of an investigation into firearms and narcotics trafficking by members of the Springfield and Holyoke chapters of the Latin Kings. In total, 11 members and leaders were arrested as part of the investigation.
Lopez is prohibited from possessing firearms and ammunition due to a prior criminal conviction. On two occasions in November 2014 and one occasion in January 2015, Lopez possessed a Zastava, model SKS (M59/66A1), 7.62mm rifle; a CZ, model CZ527M Carbine, 7.62mm rifle; approximately 140 rounds of .45 caliber ammunition; approximately 65 rounds of 7.62mm ammunition; a Marlin, model 1894CB, .45 caliber rifle; a Sturm Ruger, .22 caliber handgun; approximately eight rounds of .22 caliber ammunition; an Arsenal, model SLR-105R, 5.45mm rifle; and approximately 23 rounds of 5.4mm ammunition.
Figueroa pleaded guilty in June 2016. He is scheduled to be sentenced on March 20, 2018.
United States Attorney Andrew E. Lelling and 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; and Springfield Police Commissioner John Barbieri made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Springfield Man Charged with Firearms OffensesRead the Press Release
BOSTON – A Springfield man was charged yesterday in federal court in Springfield with being a felon in possession of firearms and ammunition.
Hector Navarro, 29, was charged by indictment with two counts of being a felon in possession of a firearm and ammunition. Navarro is scheduled to have an initial appearance before U.S. District Court Magistrate Judge Katherine A. Robertson on Monday, March 19, 2018.
According to the indictment, in September 2016, Navarro possessed a Mossberg, model 500, 12 gauge shotgun, and in October 2016, he possessed a Stoeger, model Cougar 8000, 9mm pistol; an Irwindale Arms Inc., model Automag III, .30 caliber pistol; a Coast to Coast, model CC660, 12 gauge shotgun; approximately 12 rounds of 9mm ammunition; approximately one round of .380 ammunition; and approximately three rounds of .30 caliber ammunition.
Due to a prior conviction of a crime punishable by imprisonment for more than one year, the defendant is prohibited from possessing firearms.
The charge provides for a sentence of no greater than 10 years in prison, at least one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco and Firearms, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner John Barbieri made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Pharmacy Chain Settles Improper Dispensing and Recordkeeping AllegationsRead the Press Release
BOSTON – The U.S. Attorney’s Office reached a $200,000 civil settlement today with Hamid Mohaghegh, Fitchburg Family Pharmacy, Inc., Gardner Family Pharmacy, Inc., and Worcester Family Pharmacy, Inc., in connection with the improper dispensing of Schedule II controlled substances and flawed recordkeeping by eight retail pharmacy stores that were owned and operated by Mohaghegh in 2016.
“Controlled substances handled by pharmacies are subject to strict requirements because of their potential for harm and abuse,” stated United States Attorney Andrew E. Lelling. “For the sake of patient safety, and to ensure that medications are not stolen or sold on the street, we will continue to monitor pharmacies to ensure that they comply with all legal requirements related to the handling, dispensing, and recordkeeping of controlled substances.”
“Schedule II medications are extremely addictive. Pharmacies may not dispense them without a prescription signed by a doctor who has the authority to prescribe such substances,” said Special Agent in Charge Michael J. Ferguson of the Drug Enforcement Administration, New England Field Division. “DEA registrants are responsible for ensuring that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substances Act. When these responsibilities are not adhered to, it allows for the diversion of prescription pain medication, which contributes to the widespread abuse of opiates, is a gateway to heroin addiction, and is devastating our communities.”
Mr. Mohaghegh owns several retail pharmacies in Massachusetts. According to the settlement, pharmacists and staff at his stores failed to comply with recordkeeping and other requirements of the Controlled Substances Act on multiple occasions. The violations included filling Suboxone prescriptions by a provider who was not certified to prescribe the drug and not immediately reporting the theft or loss of controlled substances to DEA.
U.S. Attorney Lelling and DEA SAC Ferguson made the announcement today. The case was handled by Assistant U.S. Attorney Annapurna Balakrishna of Lelling’s Civil Division.
Massachusetts Man Sentenced for Trafficking Methamphetamine Through the MailRead the Press Release
BOSTON – A Massachusetts man was sentenced today in federal court in Boston after receiving more than 30 packages of methamphetamine through the mail.
Robert Annette, 58, of Somerville and Provincetown, was sentenced by U.S. District Court Judge Leo S. Sorokin to two years in prison and four years of supervised release. In November 2016, Annette pleaded guilty to conspiracy to possess with intent to distribute and to distribute methamphetamine.
From approximately 2011 through October 2013, Annette and others trafficked methamphetamine through the United States mail. Annette collected packages of methamphetamine sent to him from San Diego by co-defendant Leonard Leseman. In 2012, a Postal Inspector, conducting a routine drug interdiction, located a suspicious package sent by Leseman and addressed to a fictitious name at Annette’s Somerville residence. When the Inspector attempted to deliver the package, Annette refused receipt. From then on, Annette arranged for a network of friends to receive the packages. In total, Leseman mailed more than 30 packages containing methamphetamine to various addresses provided by Annette. During the investigation, law enforcement officers also seized packages containing methamphetamine that Leseman sent to customers in Washington, D.C., and Carnegie, Pennsylvania.
Leseman and Annette communicated via text message to discuss the logistics for orders, shipments and payments. For example, regarding a package that Leseman sent Annette, Leseman advised him: “You’ll see 3 blind mice eating ice cream.” After Leseman mailed the package from San Diego, Postal Inspectors in Massachusetts seized the package and opened it pursuant to a search warrant. Inside the package were three toy mice and an ice cream maker with four ounces of methamphetamine hidden inside.
Five individuals involved in this activity have pleaded guilty and four have been sentenced. In September 2017, Leseman was sentenced to 10 years in prison. Steven Marszalkowski, formerly of Provincetown, was sentenced to 13 months in prison in August 2017; and Scott Hill, formerly of Randolph, was sentenced to 42 months in prison in April 2017. Lawrence Ligocki, of Chelsea, is awaiting sentencing. The government has filed charges against a sixth individual, Dennis Villas of Seattle, Wash., who is scheduled to plead guilty in April 2018 before U.S. Senior District Court Judge Rya W. Zobel.
United States Attorney Andrew E. Lelling; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Investigative assistance was provided by the U.S. Postal Inspector Service in San Diego and Pennsylvania, the Pennsylvania State Police, the Massachusetts State Police, and the Provincetown and Truro Police Departments. Assistant U.S. Attorneys James E. Arnold and Craig E. Estes of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
MS-13 Gang Leader Pleads Guilty and Admits to Authorizing MurderRead the Press Release
BOSTON –The nationwide leader of MS-13’s Molinos Locos Salvatrucha clique pleaded guilty yesterday in federal court in Boston to charges of racketeering conspiracy involving murder.
Oscar Duran, a/k/a “Demente,” 27, a Salvadoran national who resided in East Boston, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for June 8, 2018.
After a multi-year investigation, Duran was one of 61 people named in a fifth superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13. MS-13 is one of the largest criminal organizations in the United States with thousands of members across the country, including a sizeable presence in Massachusetts. MS-13 members are required to commit acts of violence, including murder, against suspected gang rivals and those suspected of cooperating with law enforcement. The fifth superseding indictment alleges that, from approximately 2014 to 2016, MS-13 cliques in Massachusetts were responsible for, among other things, six murders and approximately 20 attempted murders, as well as robberies and drug trafficking.
MS-13 is organized in Massachusetts and elsewhere in the form of so-called “cliques,” that is, smaller groups acting under the larger mantle of MS-13, with local cliques generally reporting up to national leaders, and ultimately to the leadership of MS-13 based in El Salvador. Duran was the leader of the Molinos clique for the entire United States, as well as the local Boston-area leader of the clique. In that capacity, Duran encouraged and authorized MS-13 members to commit murder. As part of today’s plea, Duran accepted responsibility for authorizing the murder of a 15-year-old who was stabbed to death on Constitution Beach in East Boston on Sept. 7, 2015.
Duran is the 35th defendant to be convicted in this case either after trial or after entering a guilty plea. He is the 6th defendant in this case to be held responsible for murder.
The charge of RICO conspiracy involving murder provides for a sentence of up to life in prison, five years of supervised release, and up to a $250,000 fine. Duran will also be subject to deportation upon the completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
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.
Brazilian National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Brazilian national was sentenced today in federal court in Boston for illegally reentering the United States after deportation.
Josilei DeCastro, a/k/a Marcos Santos, a/k/a Marcos Augusto Dos Santos, 37, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to six months in prison and one year of supervised release. DeCastro will face deportation proceedings upon completion of his sentence. In December 2017, DeCastro pleaded guilty to one count of unlawful reentry of a deported alien.
In May 2016, DeCastro was arrested and charged in state court with multiple counts of sexual assault on a nine-year-old child. In July 2016, DeCastro was indicted by the state on those charges. His state case is pending; his federal sentence will be served concurrent to any state sentence that might be imposed.
On Dec. 9, 2016, while held on the aforementioned state charges, DeCastro was encountered by law enforcement officers at the Middlesex House of Corrections and determined to be illegally present in the United States. DeCastro was previously deported on July 17, 2000.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Kenneth G. Shine and David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.
Shrewsbury Couple Sentenced for Roles in Counterfeit Steroid ConspiracyRead the Press Release
BOSTON – A Shrewsbury couple was sentenced today in federal court in Boston for their respective roles in a far-reaching, multi-million dollar conspiracy to distribute counterfeit steroids throughout the United States.
Tyler Bauman, a/k/a “musclehead320,” 32, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 10 years in prison and three years of supervised release. Kathryn Green, 29, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to one year and one day in prison and three years of supervised release. In August 2017, Bauman pleaded guilty to conspiracy to distribute counterfeit testosterone, trenbolone, and other steroid compounds; conspiracy to traffic in counterfeit drugs; conspiracy to launder money; possession with intent to distribute controlled substances (steroids); and trafficking in counterfeit drugs. Green pleaded guilty that same month to one count of conspiracy to distribute controlled substances. In April 2017, Green and five others were charged for their roles in the conspiracy.
From approximately May 2015 until April 12, 2017, Bauman, Green and their co-conspirators manufactured steroid products made from raw materials that they purchased overseas and marketed as “Onyx” steroids using “Onyx” labels that were also ordered from overseas suppliers. Onyx, now owned by Amgen Inc., is a legitimate pharmaceutical company that does not manufacture steroids.
Bauman had a robust social media following on Instagram and other platforms under the moniker “musclehead320” and derivations of that name. Bauman used the “musclehead320” persona to promote Onyx by claiming to be an “Onyx Sponsored Athlete.” As “musclehead320,” he publicly denied any suggestion that he was directly involved with making or selling Onyx; however, at the same time, he was in fact marketing Onyx injectable steroids through other social media accounts, including Instagram accounts in the name of “onyx_roid” and “onyxpharma.” Through these accounts, Bauman provided customers with email addresses to place orders, received steroid orders, and then communicated with customers via these email addresses.
Bauman directed other members of the conspiracy to ship steroids to customers using the U.S. Postal Service. Customers paid for the steroids via money remitters, such as Western Union and MoneyGram. Bauman then directed other members of the conspiracy to pick up payments at multiple remitter locations using false identifications to attempt to avoid suspicion.
Bauman purchased both the oral steroids (tablets) and the raw materials to manufacture the injectable steroids from overseas suppliers. He also ordered the counterfeit Onyx labeling and packaging from overseas suppliers. The injectable steroids advertised and sold by the members of this conspiracy bore trademarks of Onyx Pharmaceuticals.
Further, Bauman laundered proceeds from the steroid sales through Wicked Tan LLC, a tanning salon located in Beverly, which he and a co-conspirator owned and operated specifically to launder the proceeds of the steroid operation.
Green’s principal roles in the conspiracy were to pay another member of the conspiracy to ship steroids and to collect payments from customers.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office, made the announcement. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Lelling’s Cybercrime Unit prosecuted the cases.
Pennsylvania Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Pennsylvania man was sentenced today in federal court in Boston for failing to register as a sex offender.
Carlos Pagan-Reyes, 31, of Pittsburgh, Penn., was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 11 months in prison and five years of supervised release. In December 2017, Pagan-Reyes pleaded guilty to failing to register as a sex offender.
On Feb. 17, 2017, Pagan-Reyes was arrested in Boston on state charges of possession of narcotics, buying/receiving stolen goods, assault with a dangerous weapon and failure to register as a sex offender. Pagan-Reyes was released from state custody pending charges. On April 27, 2017, federal investigators arrested Pagan-Reyes for failing to register as a sex offender in Massachusetts.
On April 25, 2007, Pagan-Reyes was convicted in Dauphin County, Penn., of statutory sexual assault and indecent assault on a child less than 16-years-old. Pagan-Reyes was sentenced to state prison and ordered to register as a sex offender in any communities where he lived and worked upon release. Upon his release from prison, Pagan-Reyes registered as a sex offender in Pennsylvania. However, Pennsylvania authorities later became aware that Pagan-Reyes had left Pennsylvania without notifying the proper authorities, as he was required to do; they then issued a warrant for his arrest. Pagan-Reyes was arrested by federal authorities in Boston after determining that he had been living in Massachusetts since Nov. 30, 2016, and had not registered as a sex offender.
United States Attorney Andrew E. Lelling; John Gibbons, U.S. Marshal for the District of Massachusetts; and Boston University Police Chief Kelly Nee made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.
New Bedford Man Charged with Federal Drug and Firearms OffensesRead the Press Release
BOSTON – A New Bedford man was indicted today in federal court in Boston on drug and gun charges.
Ryan Holleran, 26, was charged with one count of possession with intent to distribute cocaine, oxycodone, and 28 grams or more of cocaine base; one count of possession of an unregistered firearm; one count of possession of a firearm with an obliterated serial number; and one count of possession of a short-barreled shotgun in furtherance of a drug trafficking crime.
On Nov. 10, 2017, law enforcement arrested Holleran after executing a search warrant at his apartment. Police recovered an unregistered firearm – a 12-gauge Remington model 870 Express Magnum pump action shotgun with a barrel length of less than 18 inches; a firearm with an obliterated serial number – a 5.56mm caliber Stag Arms model Stag-15 semi-automatic rifle; as well as an M-11 pistol and a Smith & Wesson revolver, over 700 rounds of assorted caliber ammunition, and 11 high capacity magazines.
The charge of possession with intent to distribute cocaine and oxycodone provides for a sentence of no greater than 20 years in prison, at least three years and up to a lifetime of supervised release, and a $1 million fine. The charge of possession with intent to distribute 28 grams or more of cocaine base provides for a mandatory minimum sentence of five years and no greater than 40 years in prison, at least four years and up to a lifetime of supervised release, and a fine of up to $5 million. The charge of possession of an unregistered firearm provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a $10,000 fine. The charge of possession of a firearm with an obliterated serial number provides for no greater than five years in prison, three years of supervised release, and a $250,000 fine. The charge of possession of a short barreled shotgun in furtherance of a drug trafficking crime provides for a minimum sentence of 10 years and up to life in prison, up to five years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro 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 charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
MS-13 Member Pleads Guilty to RICO Conspiracy and Drug TraffickingRead the Press Release
BOSTON – A member of La Mara Salvatrucha, or MS-13, pleaded guilty yesterday in federal court in Boston to charges of racketeering conspiracy and drug conspiracy.
Rutilio Portillo, a/k/a “Pantera,” 34, a Salvadoran national who resided in Chelsea, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, as well as conspiracy to distribute marijuana. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for June 7, 2018.
After a three-year investigation, Portillo was one of 61 persons named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. Portillo was a “homeboy,” or full member, of MS-13’s Everett Locos Salvatrucha (ELS) clique. During the investigation, law enforcement officers recorded conversations between Portillo and a cooperating witness in which Portillo discussed ongoing MS-13 activities in Massachusetts and admitted to conspiring with MS-13 members to distribute marijuana.
Portillo is the 34th defendant to be convicted in this case. The charge of RICO conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. The charge of conspiracy to distribute marijuana provides for a sentence of no greater than five years in prison, a minimum of two years of supervised release, and a fine of no greater than $250,000. Portillo will be subject to deportation upon the completion of their sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
Four Indicted for Cocaine TraffickingRead the Press Release
BOSTON – Four Worcester men were indicted today in federal court in Worcester in connection with a cocaine trafficking scheme.
Deibby Garcia, 36; his brother, Japhet Garcia, 33; Erick Cruz, 28; and Jose Gonzalez, 37, all of Worcester, were charged with conspiring to distribute and possess with the intent to distribute more than five kilograms of cocaine, and possession with the intent to distribute in excess of 500 grams of cocaine. Deibby Garcia, Japhet Garcia, and Cruz were arrested on Jan. 17, 2018. Deibby Garcia and Cruz have been detained since, while Japhet Garcia was released on conditions on Feb. 12, 2018. Gonzalez was arrested on Jan. 30, 2018, and has been detained since.
According to court documents, in early December 2017, Japhet Garcia and Gonzalez entered a Worcester postal facility and attempted to retrieve a package, addressed to Gonzalez that had been shipped from Puerto Rico and had been found to contain approximately three kilograms of cocaine.
A court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2018. The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to retrieve the packages once they arrived in Massachusetts.
As alleged in court documents, during the course of communications between Jan. 9, 2018, and Jan. 13, 2018, Cruz texted Deibby Garcia two addresses, both of which were on Cruz’s assigned route as a letter carrier. Deibby Garcia, in turn, forwarded the addresses to what authorities believed to be his cocaine source in Puerto Rico. On Jan. 12, 2018, two packages were sent from Puerto Rico to the addresses provided by Cruz and Deibby Garcia. On Jan. 15, 2018, one package was searched pursuant to a federal search warrant and was found to contain three kilograms of cocaine. The following day, federal agents permitted the second package to be provided to Cruz for delivery under the surveillance of federal agents.
Agents thereafter intercepted discussions between Cruz and Deibby Garcia in which they discussed arrangements for Deibby Garcia to have the second package picked up, and they speculated about what had happened to the package that had been seized and searched by agents. Wiretap intercepts also revealed communications in which Deibby coordinated with Gonzalez to arrange for a woman to pick up the three kilogram cocaine package from Cruz. When the woman was stopped by police after meeting with Cruz, she was found in possession of the second package, which contained another three kilograms of cocaine.
The charge of conspiring to distribute in excess of five kilograms of cocaine provides for a mandatory minimum sentence of 10 years in prison and up to life, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. The charge of conspiring to distribute in excess of 500 grams of cocaine provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Eileen Neff, Special Agent in Charge of the United States Postal Inspection Service, Office of the Inspector General; Massachusetts Attorney General Maura Healey; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the court documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Five Individuals Charged with Operating Interstate Prostitution RingRead the Press Release
BOSTON – Five individuals were arrested in three states today and charged in connection with operating a long-running interstate prostitution ring.
Yoon I. Kim, 36, of Haymarket, Va.; Taehee Kim, a/k/a “Hyunsook Kim,” 46, of Haymarket, Va.; Jineok Kim, 38, of Watertown, Mass.; Kyung Song, 52, of Lexington, Mass.; and Susan Bashir, a/k/a “Susan Redmon,” a/k/a “Susan Redmond,” 41, of Stone Mountain, Ga., were charged in a criminal complaint with one count of conspiracy to persuade, induce, entice, or coerce individuals to travel in interstate commerce to engage in prostitution. The defendants were arrested today and appeared in federal courts in Boston, Virginia, and Atlanta.
According to the criminal complaint, beginning in at least November 2015, the defendants operated an interstate prostitution network with 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. Co-conspirators collected the cash earnings from the women working at the brothels and made bulk deposits—sometimes thousands of dollars at a time in cash—at ATMs near the brothels, funneling the money into accounts controlled by other co-conspirators. Co-conspirators also used U.S. Postal money orders and the U.S. Mail to transport proceeds from the prostitution network.
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. 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; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Raymond Moss, 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fitchburg Man Pleads Guilty to Dealing OxycodoneRead the Press Release
BOSTON – A Fitchburg man pleaded guilty today in federal court in Worcester to dealing Oxycodone.
Marc Merchant, 53, pleaded guilty to three counts of distribution and possession with intent to distribute Oxycodone. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for June 7, 2018.
On three occasions, Merchant distributed Oxycodone to an undercover agent in transactions that were audio and video recorded. On two instances, Aug. 9, 2016, and Feb. 17, 2017, Merchant distributed 100 pills to the agent, and on March 8, 2017, Merchant distributed 200 pills to the agent. Merchant was arrested on April 3, 2017, and was found in possession of over $4,000 in cash and approximately 40 Oxycodone pills.
The charge provides for a sentence of no greater than 20 years in prison, a minimum of three years of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Fitchburg Police Chief Ernest F. Martineau made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.
Dominican National Sentenced for Drug Trafficking ConspiracyRead the Press Release
BOSTON – A Dominican national formerly residing in Methuen was sentenced today in federal court in Boston for federal drug conspiracy.
Jorge Luis Nunez Martinez, who used the name William Matos, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 87 months in prison and three years of supervised release. Martinez will be subject to deportation upon completion of his sentence. In December 2017, Martinez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin, cocaine, and crack.
In October 2015, a confidential source reported that an individual named Javier Gonzalez Marcano was operating a large-scale drug trafficking organization in and around Lawrence and Lowell. The subsequent investigation revealed that Martinez was a runner for the Gonzalez Marcano drug trafficking organization. In October 2016, Martinez assumed control over the drug trafficking organization when Gonzalez Marcano returned to the Dominican Republic. Martinez and Juan Rodriguez Castro, another runner for the Gonzalez Marcano drug trafficking organization, were arrested in March 2017.
In June 2017, Rodriguez Castro pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin, cocaine, and crack and was sentenced in October to 28 months in prison. Gonzalez Marcano is presently a fugitive.
United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Miranda Hooker of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Boston Man Sentenced for Cocaine DistributionRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for selling crack cocaine in and around Roxbury’s Orchard Gardens Housing Development.
Dominique Dozier, 31, was sentenced by U.S. District Court Judge Allison D. Burroughs to 50 months in prison and six years of supervised release, during which time Dozier must stay away from the Orchard Gardens Housing Development area. In December 2017, Dozier pleaded guilty to two counts of distribution of cocaine base within 1,000 feet of a school.
On July 13, 2016, Dozier sold four bags of crack cocaine, which he described as “some fat ones,” to a cooperating witness in the lobby of his apartment building, which is near the Edna W. Bynoe Community Park in Roxbury. According to court documents Dozier has been convicted on nine separate occasions for 20 offenses that include violence, threats, weapons, and trafficking of drugs. Dozier is one of 12 defendants arrested and charged in June 2017 following a nearly two-year investigation into the high concentration of crime in and around the Orchard Gardens Development, the largest publically funded housing development in Roxbury, which is also adjacent to the Edna W. Bynoe Community Park.
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; and Boston Police Commissioner William Evans made the announcement.
Winchester Woman Sentenced for Stealing More Than a Million DollarsRead the Press Release
BOSTON – A Winchester woman was sentenced today for bank fraud after using forged checks and account numbers to steal nearly a million dollars.
Sager Kopchak, a/k/a Sager Dallai, 34, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 18 months in prison, three years of supervised release and ordered to pay a fine of $10,000. In September 2017, Kopchak was charged and agreed to plead guilty to four counts of bank fraud.
In late 2009, Kopchak contacted an individual she knew and asked to stay with the individual for a few weeks while Kopchak received cancer treatment. Kopchak stayed with the individual from late 2009 until the summer of 2010, and paid neither rent nor utilities. In reality, Kopchak did not have cancer and was not undergoing cancer treatment. While staying with the individual, Kopchak stole a checkbook and, over the next eight years, stole nearly $1 million by forging checks and using the routing numbers from the stolen checks to make charges against the individual’s account. Kopchak used the stolen money to make high end purchases such as a pair of 2.05 karat diamond earrings ($9,700), five fur coats (totaling $21,297), Chanel purses (totaling $9,649), a Cartier watch ($3,250) and a trip to the Bahamas ($11,166), among other things.
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 case was investigated with the assistance of the Boston Police Department. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Economic Crimes Unit prosecuted the case.
New Bedford Seafood Wholesaler Sentenced for Tax EvasionRead the Press Release
BOSTON – A former New Bedford seafood wholesaler was sentenced today in federal court in Boston for failing to file tax returns and filing a false tax return for his business’ income.
George F. Estudante, 57, formerly of Marion, Mass., was sentenced to one year and one day in prison, one year of supervised release and ordered to pay restitution of $105,357. In December 2017, Estudante pleaded guilty to two counts of failing to file tax returns and one count of filing a false income tax return.
Estudante failed to file an income tax return for 2010, even though his business, Basic Fisheries, received approximately $1,418,629 in payments. He also failed to file a tax return for 2011, although his business received approximately $1,607,726 in payments that year. Furthermore, Estudante falsely swore on his 2012 tax return that he had received approximately $533,078 in gross receipts when his bank account reflected that he had received over $740,000.
United States Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney Stephen P. Heymann of Lelling’s Economic Crimes Unit prosecuted the case.
Chelsea Man Pleads Guilty to Role in Trans-National Methamphetamine Trafficking RingRead the Press Release
BOSTON – A Chelsea man pleaded guilty today in federal court in Boston to his role in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.
Russell Ormiston, 51, pleaded guilty to conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for June 13, 2018.
In November 2016, Ormiston and 10 co-defendants were charged with various methamphetamine offenses relating to a transnational trafficking scheme.
Beginning in at least 2013 and continuing to November 2016, Ormiston was involved in a conspiracy that transported methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways.
Ormiston received methamphetamine from a co-conspirator, who received it from a supplier in California. Ormiston redistributed a portion of the methamphetamine to his customers.
The charge of conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine provides for a mandatory minimum sentence of 10 years in prison and up to life, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Evans made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; and the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorney Karen Beausey of Lelling’s Narcotics & Money Laundering Unit is prosecuting the cases.
Worcester Businessman Sentenced for Tobacco Tax FraudRead the Press Release
BOSTON – A Worcester man was sentenced today in connection with a scheme to defraud the Commonwealth of Massachusetts of tobacco excise taxes and submitting false tax returns.
Mohamed Afeez, 32, was sentenced by U.S. District Court Judge Timothy S. Hillman to one year and one day in prison, three years of supervised release, and ordered to pay $973,218 in restitution and forfeiture. In April 2017, Afeez pleaded guilty to subscribing a false tax return and conspiracy.
Between approximately late 2014 and July 2016, Afeez operated a wholesale business in Worcester that sold tobacco products, including cigars, smoking tobacco and smokeless tobacco (such as snuff and chewing tobacco), as well as other non-tobacco items, to convenience stores, gas stations and other retail businesses. Under state law, smokeless tobacco wholesalers must file an excise tax form monthly and pay a 210% excise tax on smokeless tobacco brought into Massachusetts. Cigar wholesalers must file an excise tax form quarterly and pay a 40% excise tax on cigars brought into Massachusetts.
In order to evade tobacco taxes, Afeez made regular purchases of loose smoking tobacco and smokeless tobacco from a distributor in Pennsylvania where these tobacco products are not taxed. Afeez and a co-conspirator repeatedly drove bundles containing more than $10,000 in cash to the distributor for payment. A co-conspirator then drove the tobacco products to Massachusetts where Afeez resold them wholesale without paying the Massachusetts state excise taxes that he knew were due. The illegal tobacco business generated over $448,000 that Afeez failed to report on his business’ income tax return for 2015.
United States Attorney Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Stephen Heymann of Lelling’s Economic Crimes Unit prosecuted the case
Romanian National Sentenced for ATM Skimming and Money LaunderingRead the Press Release
BOSTON – A Romanian national was sentenced today, and another pleaded guilty, in federal court in Boston in connection with an ATM skimming scheme operating throughout Massachusetts and other states including Connecticut, New York and South Carolina.
Ion Trifu, 25, was sentenced by U.S. District Court Judge William G. Young to one year and one day in prison and one year of supervised release. In December 2017, Trifu pleaded guilty to conspiracy to use counterfeit access devices and money laundering conspiracy. Nicusor Bonculescu, 24, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, conspiracy to use counterfeit access devices, and aggravated identity theft. Judge Young scheduled sentencing for June 7, 2018.
In May 2017, Trifu and Bonculescu were indicted in connection with the ATM skimming scheme along with 12 others. Bonculescu is the eighth defendant to plead guilty.
The defendants, except for Trifu, were members of the Hornea Crew, led by Constantin Denis Hornea and Ludemis Hornea, and engaged in ATM skimming – a scheme in which the defendants obtained debit card numbers and PINs from unsuspecting bank customers, created counterfeit cards, and made unauthorized withdrawals from the victims’ bank accounts.
Over a period of 18 months, the Crew installed skimming devices and made unauthorized withdrawals in seven states, including Massachusetts. In particular, members of the Crew installed skimming devices in the following locations: Amherst, Bellingham, Billerica, Braintree, Chicopee, Quincy, Southwick, Waltham, Weymouth, and Whately, Mass.; Enfield, Conn.; Columbia, Greenville, Greenwood, Mauldin, and Saluda, S.C.; Savannah, Ga.; and Yadkinville, N.C. The Crew made unauthorized withdrawals at ATMs in approximately 29 Massachusetts towns; seven Connecticut towns; six New York towns; Salem, N.H.; and Sumter, S.C.
Members of the Hornea Crew and Trifu transferred money throughout the United States and to Romania and the People’s Republic of China. Some of those transfers were for the purchase of skimming devices and related components from abroad.
The charge of conspiracy to conduct enterprise affairs through a pattern of racketeering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and fine of $250,000. The charge of conspiracy to use counterfeit access devices provides for a sentence of no greater than five years in prison, three years of supervised release, and fine of $250,000. The charge of aggravated identity theft provides for a mandatory consecutive term of two years in prison. The defendants will face deportation proceedings upon completion of their sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistance with the investigation was also provided by the Internal Revenue Service’s Criminal Investigations (IRS-CI) in Boston; U.S. Secret Service; U.S. Postal Service; Massachusetts Department of Correction; U.S. Customs and Border Protection; the Amherst, Billerica, Braintree, Boston, Quincy, Southwick, Waltham, Whately, and Westwood Police Departments; Connecticut State Police; Greenwich Police Department; the New York City Police Department; Houston Police Department; South Carolina Law Enforcement Division; Richland County (South Carolina) Sheriff’s Department; Florence and Saluda (South Carolina) Police Departments; and the Solicitor’s Offices of Greenville and Saluda Counties. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
The details contained in the charging document are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Previously Convicted Former State Representative Pleads Guilty to Obstruction of JusticeRead the Press Release
BOSTON – A former Dartmouth Selectman pleaded guilty today in federal court in Boston in connection with concealing approximately $2.5 million in cash from the U.S. District Court following his sentencing proceedings in 2015.
John George Jr., 71, pleaded guilty to one count of obstruction of justice before U.S. District Court Senior Judge Douglas P. Woodlock, who scheduled sentencing for June 12, 2018. George was indicted in April 2017.
In July 2015, George was sentenced to 70 months in prison and ordered to pay restitution in the amount of $688,772 and forfeiture of $1.38 million for embezzling hundreds of thousands of dollars from the Southeastern Regional Transit Authority (SRTA). George was required to disclose his financial status to the Court, and reported that he only possessed approximately $28,000 in cash. However, in December 2015 and January 2016, federal law enforcement recovered more than $2.5 million in cash, as well as Rolex watches and jewelry that George had concealed in safe deposit boxes in New Bedford and Fairhaven.
The charging statute 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; Todd A. Damiani, Special Agent in Charge of the Department of Transportation, Office of the Inspector General, Office of Investigations; Joel P. Garland, Special Agent in Charge of Internal Revenue Service’s Criminal Investigation in Boston; and U.S. Marshal John Gibbons for the District of Massachusetts made the announcement today. Assistant U.S. Attorneys Dustin Chao and Ryan M. DiSantis of Lelling’s Public Corruption Unit are prosecuting the case.
Marlborough Business Owner and Chief Financial Officer Plead Guilty to Bank Fraud ConspiracyRead the Press Release
BOSTON – A Marlborough business owner and chief financial officer pleaded guilty today in federal court in Worcester in connection with a scheme to commit bank fraud.
James R. Faro, 61, of Dover, and John J. Crowley, 62, of Boca Raton, Fla., each pleaded guilty to conspiring to commit bank fraud. U.S. District Court Judge Timothy S. Hillman scheduled their sentencings for June 8 and June 13, 2018, respectively. Faro and Crowley were charged by Information in January 2018.
Faro is the former owner and president of Sea Star Seafood Corporation, a company previously headquartered in Marlborough that distributed frozen seafood products. Crowley is the former chief financial officer for Sea Star.
From October 2010 until August 2012, Sea Star maintained an asset-backed loan agreement whereby a bank agreed to loan Sea Star up to $6 million pursuant to a revolving line of credit. Sea Star pledged its assets – most notably its inventory and accounts receivable – as collateral for the loan.
Between November 2010 and August 2012, Faro and Crowley conspired to intentionally overstate the value of Sea Star’s outstanding accounts receivable that it reported to the bank. By doing so, Faro and Crowley fraudulently increased the level of assets against which Sea Star could borrow from the bank. In August 2012, Sea Star informed the bank that it had discovered a “discrepancy” of over $3 million in its reported versus actual assets. Sea Star discontinued its business operations approximately one week later.
The charge of conspiracy to commit bank fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case.
MS-13 Member Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique in Chelsea, Mass., was sentenced today in federal court in Boston for racketeering conspiracy.
Domingo Tizol, a/k/a “Chapin,” 23, a Guatemalan national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 10 years in prison and three years of supervised release. Tizol will be subject to deportation upon completion of his sentence.
On May 26, 2015, Tizol and another MS-13 member Bryan Galicia-Barillas, a/k/a “Chucky,” attacked a suspected gang rival on Bellingham Street in Chelsea. Tizol punched and hit the victim while Barillas stabbed the victim multiple times. The victim survived the attack but suffered life-threatening injuries.
Tizol and Barillas were two of 61 defendants indicted in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. Barillas previously pleaded guilty and is awaiting sentencing.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
Associate of La Cosa Nostra Sentenced for Extortion-Related ChargesRead the Press Release
BOSTON – An associate of the Genovese La Cosa Nostra (LCN) crime family was sentenced today in federal court in Worcester on extortion-related charges.
Gerald Daniele, 53, of Longmeadow, Mass., was sentenced by U.S. District Court Judge Timothy S. Hillman to two years in prison and three years of supervised release. In December 2017, Daniele pleaded guilty to one count of using extortionate means to collect an extension of credit.
Daniele and co-defendants Ralph Santaniello, John Calabrese, Francesco Depergola, and Richard Valentini were associates of the New York-based Genovese LCN crime family and engaged in various criminal activities in the Springfield, Mass., area including loansharking and extortion from legitimate and illegitimate businesses, such as illegal gambling businesses and the collection of unlawful debts. Daniele admitted that he used violence, exploited his relationship with LCN, and implied threats of physical violence to instill fear in his victims.
Daniele further admitted that during a six-month period in 2015, he extended two extortionate and usurious loans to an individual, and then, along with Santaniello and Calabrese, threatened the individual if he did not make payments on the loans.
Santaniello, Calabrese, and Depergola pleaded guilty to extortion-related crimes. Their sentencings are scheduled for March 20, April 2, and May 11, 2018, respectively. In December 2017, Valentini was convicted by a federal jury of extortion and conspiracy to commit extortion; his sentencing is also scheduled for May 11, 2018.
United States Attorney Andrew E. Lelling; Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Hampden County District Attorney Anthony Gulluni; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Assistant U.S. Attorney Kevin O’Regan, Chief of Lelling’s Springfield Branch Office; Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section; and Assistant U.S. Attorney Katharine Wagner of Lelling’s Springfield Branch Office are prosecuting the case.
Two Men Plead Guilty to Roles in Trans-National Methamphetamine Trafficking RingRead the Press Release
BOSTON – Two men pleaded guilty yesterday in federal court in Boston to their roles in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.
Bruce Reisman, 51, of Boston, and Jesse Gillis, 32, previously of Allston and San Diego, Calif., pleaded guilty to drug trafficking charges. Reisman pleaded guilty to possession of methamphetamine with intent to distribute, and Gillis pleaded guilty to conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine and conspiracy to launder monetary instruments. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled their sentencings for June 12, 2018, and June 13, 2018, respectively.
In November 2016, Reisman, Gillis, and nine co-defendants were charged with various methamphetamine offenses relating to a transnational trafficking scheme.
Beginning in at least 2013 and continuing to November 2016, Gillis and others participated in a conspiracy to transport significant quantities of methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways. Reisman possessed some of that methamphetamine with the intent to distribute it to others.
The charge of possession of methamphetamine with intent to distribute provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. The charge of conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine provides for a mandatory minimum sentence of 10 years in prison and up to life, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. The charge of conspiracy to launder monetary instruments provides for a sentence of no greater than 20 years in prison, up to five years of supervised release, and a fine of up to $500,000 or twice the value of the property laundered. 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; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Evans made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; and the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorney Karen Beausey of Lelling’s Narcotics & Money Laundering Unit is prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New Bedford Seafood Manager Sentenced for Tax EvasionRead the Press Release
BOSTON – A New Bedford seafood manager was sentenced today in federal court in Boston for failing to report $75,000 in earnings on his tax returns.
Orlando Cardoso, 44, was sentenced by U.S. District Court Chief Judge Patti B. Saris to one year of probation, 10 months of which will be served in home confinement. Judge Saris also ordered Cardoso to pay $24,998 in restitution to the United States government. In November 2017, Cardoso pleaded guilty to two counts of filing a false income tax return.
Cardoso swore on his 2012 and 2013 tax returns that the only income he had received was from his employer. However, Cardoso had received over $75,000 in cash and checks from his employer’s supplier and failed to report the income on his tax returns.
United States Attorney Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Stephen P. Heymann of Lelling’s Economic Crimes Unit prosecuted the case.
Granby Man Arrested for Sexually Exploiting a ChildRead the Press Release
BOSTON - A Granby man was arrested last night and charged in federal court in Springfield with child exploitation offenses.
Jonathan Monson, 35, was charged with sexual exploitation of a minor, distribution and receipt of child pornography, and possession of child pornography. Monson appeared in federal court today at 3:30 p.m. and was held in custody. A preliminary hearing is scheduled for March 22, 2018.
Monson is alleged to have used a child to produce child pornography, distributed child pornography, received child pornography, and possessed child pornography from February 2018 to March 8, 2018.
The charge of sexual exploitation of a minor provides for a sentence of no greater than 30 years in prison; the charge of distribution and receipt of child pornography provides for a sentence of no greater than 20 years in prison; and the charge of possession of child pornography provides for a sentence of no greater than 10 years in prison. Each charge provides for 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; Hampshire County Sheriff Patrick J. Cahillane; and Granby Police Chief Alan Wishart made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office 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.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better 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.
Worcester Woman Pleads Guilty to Federal Drug ConspiracyRead the Press Release
BOSTON – A Worcester woman pleaded guilty today in federal court in Worcester to her role in a heroin and cocaine conspiracy.
Kristin Little, 34, pleaded guilty today to one count of conspiring to distribute heroin and cocaine and to possess heroin and cocaine with the intent to distribute. U.S. District Court Judge Timothy J. Hillman scheduled sentencing for June 7, 2018. Little and four co-defendants, Vito Nuzzolilo, of Worcester; Thomas Walker, of Pemaquid, Maine; Melissa Rock, of Pemaquid, Maine; and Ricardo Ortega-Vasquez, a Dominican national residing in New York City, were indicted in July 2017.
In May 2017, as a result of an investigation into drug trafficking in the Worcester area, Little and Nuzzolilo were arrested for their roles in a drug conspiracy. (The three other co-defendants were arrested in June and July 2017.) Little sold heroin and cocaine from her apartment in Worcester and collected debts that arose from previous drug sales. In 2017, a federal wiretap captured Nuzzolilo directing Little to provide heroin and cocaine of various quantities to numerous customers.
Little faces a sentence of up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Massachusetts Attorney General Maura Healey made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Salvadoran National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Salvadoran national was sentenced today in federal court in Boston for illegally reentering the United States after deportation.
Gerardo Alberto Perez-Fuentes, 22, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six months in prison and one year of supervised release. Perez-Fuentes will be subject to deportation proceedings upon completion of his sentence. In December 2017, Perez-Fuentes pleaded guilty to one count of unlawful reentry of a deported alien.
Perez-Fuentes was previously deported on Sept. 4, 2015, and on Oct. 8, 2015. On Sept. 6, 2017, law enforcement in Chelsea encountered Perez-Fuentes and determined him to be illegally present in the United States.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Oxycodone Trafficker Convicted by Federal JuryRead the Press Release
BOSTON – A New York-based oxycodone trafficker was convicted yesterday following a three-day trial in Boston.
Ilir Bregu, 46, of Staten Island, N.Y., was convicted of conspiracy to possess with intent to distribute and to distribute oxycodone. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for June 7, 2018.
In 2014 and 2015, agents observed foot and vehicle traffic consistent with street-level drug sales coming and going from the home of Mario Scata, 71, and his son, Manuele Scata, 45, of Revere, 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 U.S. currency. Approximately 1,900 oxycodone pills were also recovered, a loaded firearm, and a machete from Manuele Scata’s vehicle as well as additional oxycodone pills, a hand-written drug ledger, and nearly $12,000 in U.S. currency from the Scatas’ home.
In December 2017, Mario Scata pleaded guilty to conspiracy to distribute oxycodone and possession with intent to distribute oxycodone. He is scheduled to be sentenced on March 22, 2018. On Feb. 26, 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. His sentencing is scheduled for May 29, 2018.
The charge of conspiracy to distribute oxycodone provides for a sentence of no greater than 20 years in prison, three years and up to a lifetime of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; 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. The case was prosecuted by Assistant U.S. Attorneys Christopher Pohl, of Lelling’s Organized Crime and Gang Unit, and Miranda Hooker, of Lelling’s Narcotics and Money Laundering Unit.
Ghanaian National Arrested for Identity TheftRead the Press Release
BOSTON - A Ghanaian national was arrested yesterday and charged in federal court in Worcester with illegal possession of identification documents and aggravated identity theft.
Yaw Okyere, 33, a citizen of Ghana residing in Worcester, was charged by criminal complaint with being illegally in possession of five or more identification documents and aggravated identity theft. Okyere appeared before Chief U.S. Magistrate Judge David H. Hennessy, who ordered Okyere detained pending a probable cause and detention hearing scheduled for March 13, 2018.
According to court documents, on March 7, 2018, federal agents executed a search warrant at Okyere’s apartment in Worcester, where they seized computers and a printer. An initial forensic review of one of the computers revealed files containing more than 190 Massachusetts driver’s licenses with various names and photographs.
During the execution of the search warrant, agents interviewed Okyere, who stated that he was a citizen of Ghana, had arrived in the United States a few years earlier on a visa, that he had overstayed his visa, and was unsure of his immigration status.
The charge of illegally possessing five or more identification documents provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft carries a mandatory sentence of two years in prison, which must be served consecutive to any other sentence imposed by the sentencing court. 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; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Worcester Police Chief Steven M. Sargent made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit 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.
Florida Man Indicted for International Email Impersonation and Fraud ScamRead the Press Release
BOSTON – A Florida man was indicted yesterday in federal court in Boston in connection with a scam in which he and co-conspirators defrauded victims by pretending to be employees of the Securities and Exchange Commission.
Frank Gregory Cedeno, 27, of Ocoee, Fla., was indicted for conspiracy to commit wire fraud and conspiracy to commit money laundering. In January 2018, Cedeno was charged by criminal complaint and arrested.
The indictment alleges that, from at least April 2016 through November 2017, Cedeno conspired with others to defraud victims by pretending to be employees of the Securities and Exchange Commission (SEC). Under that guise, members of the conspiracy allegedly demanded money from victims, directing them to send it to members of the conspiracy, including Cedeno. The conspirators who received the money generally withdrew it from bank accounts quickly, then forwarded much of it to individuals in the Dominican Republic. In one common version of the scam, victims received e-mails that used official-seeming documentation and the SEC seal to induce the victim to pay a fee in order to receive a portion of a legal settlement. In another version, victims received e-mails and official-seeming documents labeling the victim a defendant in a civil lawsuit, in which 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.
Co-conspirator Leonel Alexis Valerio Santana, 28, of Boston, was previous charged by criminal complaint in connection with the scheme and remains detained pending trial. That complaint alleged that, between June 2015 and June 2017, there were at least 95 victims targeted by the scam, with fraudulent solicitations exceeding $1.3 million and actual losses of more than $235,000.
The charge of conspiracy to commit wire fraud provides for a sentence no greater than 20 years in prison, three years of supervised release, a fine of up to $250,000, or twice the gross gain or loss in the offense, and restitution. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $500,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; 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’s Office of Inspector General; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Brian A. Pérez-Daple of Lelling’s Criminal Division is prosecuting the case.
The details contained in the court documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Abiomed, Inc. Agrees to Pay $3.1 Million to Resolve Kickback AllegationsRead the Press Release
BOSTON – Danvers-based Abiomed, Inc. has agreed to pay $3.1 million to resolve allegations that it violated the False Claims Act by purchasing lavish meals for physicians in order to induce them to use Abiomed’s Impella line of heart pumps.
The United States contends that Abiomed sought to induce physicians to use its pumps, which cost more than $20,000 each, by buying meals for them at some of the country’s most expensive restaurants, including Menton in Boston, Nobu in Los Angeles, Spago in Beverly Hills, and Eleven Madison Park in New York City. The government further contends that Abiomed (1) paid for physicians’ meals in instances where attendees ordered alcohol in an amount inconsistent with legitimate scientific discussion; (2) paid for meals at expensive restaurants where employees invited spouses of physicians to attend (and those spouses did attend) even though the spouses had no legitimate business purpose for attending the meal; (3) paid for numerous meals for physicians in which the cost per-attendee well exceeded Abiomed’s own $150 per person guideline (in one instance exceeding $450 per-attendee); and (4) paid for meals for physicians in which their employees misrepresented the number of attendees, listed attendees with generic names (e.g., Mike Anesthesia), or listed fictitious names of individuals who did not attend the meal, which had the effect of making the true per-attendee cost appear lower. Abiomed managers approved the expenses for all of these meals.
“We expect today’s settlement with Abiomed to serve as a warning to medical device manufacturers who try to improperly influence the treatment decisions of physicians,” said United States Attorney Andrew E. Lelling. “Providing doctors with lavish meals, or meals that focus on entertainment rather than education or science, can impair a physician’s independent medical judgment – something each and every patient is entitled to. My office will continue to investigate sales practices that interfere with that independent medical judgment and that heighten the risk of improper use of limited federal healthcare dollars.”
“The FBI will continue to target medical device manufacturers or pharmaceutical companies who attempt to influence the medical decisions of health care providers whether through expensive meals or other improper arrangements,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “This settlement reaffirms the efforts of the FBI and its partners, who remain committed to rooting out companies whose sales practices can interfere with the medical judgment of physicians.”
“Health care companies seeking to boost profits by wining and dining physicians must be held accountable,” said Special Agent in Charge Phillip Coyne with the Office of Inspector General of the U.S. Department of Health and Human Services. “Lavish dinners can undermine impartial medical decision-making of physicians, drive up health care costs, and reduce the public’s trust in federal government health plans.”
The settlement announced today stems from a complaint filed by a former Abiomed employee under the whistleblower provisions of the False Claims Act, which authorizes private parties to sue on behalf of the United States and to receive a portion of any recovery. See United States ex rel. Bennett v. Abiomed, Inc., No. 13cv12277-IT. The whistleblower will receive $542,500 of the settlement.
The investigation was handled by the Federal Bureau of Investigation and the Department of Health and Human Services Office of Inspector General. The matter was handled by Assistant U.S. Attorneys Patrick M. Callahan of Lelling’s Healthcare Fraud Unit and Abraham R. George of Lelling’s Affirmative Civil Enforcement Unit.
Fugitive Apprehended After 20 YearsRead the Press Release
BOSTON – Luis Alberto Solano-Pimental, 51, was arrested yesterday in Rhode Island after eluding law enforcement for 20 years. He appeared in federal court in Boston before U.S. Magistrate Judge Jennifer C. Boal, who ordered him detained.
In 1997, Solano-Pimental pleaded guilty to passport fraud in federal court in Boston, but failed to appear on his scheduled sentencing date. Solano-Pimental remained a fugitive until he was arrested yesterday in Warwick, R.I.
The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised released, 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; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; John Gibbons, United States Marshal for the District of Massachusetts; and Jamie A. Hainsworth, United States Marshal for the District of Rhode Island, made the announcement. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
"Spelling Bee Bandit" Sentenced for Multiple Bank RobberiesRead the Press Release
BOSTON – A Chelsea man, dubbed the “Spelling Bee Bandit,” was sentenced today in federal court in Boston for four bank robberies.
Jason S. Englen, 34, was sentenced by U.S. District Court Judge Richard G. Stearns to 84 months in prison and three years of supervised release. In November 2017, Englen pleaded guilty to four counts of bank robbery.
On Oct. 31, 2016, a man, later identified as Englen, entered a branch of TD Bank in Arlington, approached a teller and presented a note written on a deposit slip indicating a robbery and demanding cash. On the note, the word “robbery” was misspelled. The teller handed Englen money from the drawer and Englen fled the bank leaving the demand note behind.
Over the next few weeks, three additional banks were robbed in the same fashion: a branch of TD Bank in Reading on November 5, a branch of Salem Five in Burlington on November 7, and a branch of TD Bank in Peabody on November 13. Based on the similarity of the robberies and the physical description of the robber, law enforcement, seeking help from the public, identified Englen, who was already in state custody on unrelated charges, as the bank robber. On Dec. 12, 2016, Englen was arrested by federal authorities and charged.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Suffolk County Sheriff Steven Tompkins; Arlington Police Chief Frederick Ryan; Reading Police Chief Mark D. Segalla; Burlington Police Chief Michael Kent; and Peabody Police Chief Thomas Griffin made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Gardner Man Pleads Guilty to Gun ChargeRead the Press Release
BOSTON – A Gardner man pleaded guilty today in federal court in Worcester to a federal firearm offense.
Edwin Labaw, 33, pleaded guilty to one count of being a felon in possession of a firearm. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for July 9, 2018. In November 2017, Labaw was arrested after being charged in a criminal complaint.
On Sept. 19, 2017, Labaw and another individual, Travis Miller, met with an undercover federal agent in Gardner and sold the agent 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 and Labaw met again with an undercover federal agent on Sept. 27, 2017, in Fitchburg and sold the agent a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800.
According to court documents, Labaw has prior felony convictions and is therefore prohibited from possessing firearms and ammunition.
Miller was also arrested in November 2018 and charged in federal court in Worcester with being a felon in possession of ammunition and with distributing fentanyl. He has a court hearing scheduled for March 22, 2018.
Labaw 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 and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. This case was investigated with assistance from the Worcester Police Department, Gardner Police Department, Fitchburg Police Department, and Massachusetts State Police. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brazilian National Pleads Guilty to ATM SkimmingRead the Press Release
BOSTON – A Brazilian national pleaded guilty today in federal court in Boston to charges of ATM skimming in the Boston area and North Shore.
Helisson Benazi de Souza, 38, pleaded guilty to one count of using counterfeit access devices (debit cards); one count of possessing 15 or more counterfeit access devices (debit cards); three counts of possessing device-making equipment (ATM skimming devices); one count of illegal transactions with an access device (other persons’ debit cards); and two counts of aggravated identity theft. U.S. District Court Judge William G. Young scheduled sentencing for June 19, 2018.
Benazi de Souza was part of an ATM skimming operation in which he stole the debit card information and personal identification numbers (PIN) of legitimate bank account holders when they used their debit cards at ATMs. Skimming devices made to look like legitimate card access slots were used to record the account information on the magnetic stripes of the debit cards, while secret pinhole cameras recorded the cardholders entering their PINs on the keypads. The stolen account information was then saved on blank plastic cards, including gift cards and hotel key cards, making “clones” of the legitimate debit cards. Benazi de Souza used such cloned cards, and the corresponding PINs, to withdraw $43,000 from ATMs in the Metro Boston area in May 2017.
Benazi de Souza was arrested in May 2017, after law enforcement was alerted by a bank’s fraud investigator. The investigator discovered that someone was making a number of withdrawals that day at three ATMs in Lynn from bank accounts that the investigator knew had been compromised. When police searched Benazi de Souza’s car, they discovered thousands of dollars in cash, all in $20 bills. They also found over 200 gift cards and hotel key cards containing small stickers. Benazi de Souza admitted that the numbers written on the stickers were cardholders’ PINs.
Before the arrest, surveillance video from banks in Malden and Saugus showed an unknown man installing and removing skimming devices and pinhole cameras at the banks’ ATMs. Benazi de Souza admits to being that man.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release, and a fine of up to $250,000. The charge of using counterfeit access devices provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. The charge of possessing 15 or more counterfeit access devices provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. The charge of possessing device-making equipment provides for sentence of no greater than 15 years in prison, three years of supervised release, and a fine of $250,000. The charge of illegal transactions with an access device provides for a sentence of no greater than 15 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; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and Lynn Police Chief Michael A. Mageary made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.