District of Massachusetts
Press releases recorded for this federal judicial district.
Pittsfield Man Charged with Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Pittsfield man was charged in federal court in Springfield yesterday with failing to register as a sex offender.
Anthony Robertson, 36, was indicted on one count of failing to register as a sex offender. Robertson was arrested and originally charged by complaint in February 2018; he has been detained since.
According to court documents, Robertson is required to register as a sex offender as a result of two prior convictions: in 2001, second degree rape; and in 2006, third degree rape. In 2014, Robertson was convicted in a New York state court of failure to register as a sex offender.
In approximately May 2017, Robertson traveled from New York to Pittsfield, Mass., where he established residence. In June 2017, a New York detective informed Robertson that he was wanted in New York for failing to register as a sex offender and was advised to turn himself in. Robertson neither turned himself in, nor registered as a sex offender in Massachusetts until after he was arrested on Aug. 25, 2017, on unrelated drug and firearm charges.
The charge of failure to register provides for a sentence of no greater than 10 years in prison, up to a lifetime of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement. Assistant U.S. Attorney Alex J. Grant 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.
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 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.
Dominican National Sentenced for Role in Lawrence-Based Heroin/Fentanyl Trafficking SchemeRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for his role in a heroin trafficking scheme operating in and around Lawrence.
Waner Manuel Lara, a/k/a Anibal Santiago-Torres, 34, was sentenced by U.S. District Court Judge Indira Talwani to 65 months in prison and six years of supervised release. In October 2017, Lara pleaded guilty to one count of conspiracy to possess with intent to distribute and distribution of 100 grams or more of heroin and fentanyl and one count of possession with intent to distribute 100 grams or more of heroin. In March and April 2016, Lara and three co-defendants were arrested and charged for their roles in the drug trafficking operation.
From about April 2015 to March 2016, law enforcement investigated the drug distribution activities of Ramon Baez and his associates in and around Lawrence. Baez obtained kilograms of heroin and cocaine from local suppliers and suppliers based in Mexico. One of Baez’s co-conspirators, Jose A. Rosario, supplied Baez with heroin, which Baez then repackaged for distribution.
Lara and another co-defendant, Edwin Soto, purchased heroin and fentanyl from Baez. On Dec. 29, 2015, law enforcement officers seized $99,200 in drug proceeds from Soto, intended for Baez. On March 19, 2016, agents seized from Lara 140 grams of heroin and fentanyl supplied to him by Baez. In total, the Court found Lara responsible for more than 300 grams of heroin and/or fentanyl.
Baez was sentenced in June 2017 to 121 months in prison; Rosario was sentenced in September 2017 to 22 months in prison; and Soto was sentenced in January 2018 to four years in prison.
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. Assistant U.S. Attorney Katherine Ferguson of Lelling’s Narcotics and Money Laundering Unit prosecuted the cases.
Springfield Man Sentenced for Heroin DistributionRead the Press Release
BOSTON – A Springfield man was sentenced yesterday in federal court in Springfield for distributing heroin.
Luis Oppenheimer, 30, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 66 months in prison and three years of supervised release. In May 2015, Oppenheimer pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin, and one count of possession with intent to distribute and distribution of heroin.
On Oct. 6, 2013, Oppenheimer sold heroin to an undercover federal agent in Springfield, which was captured on video. In addition, Oppenheimer admitted that, during the transaction, he accepted $400 in cash in exchange for drugs after his co-conspirator, Jose Vargas, handed heroin to the undercover agent.
Vargas, pleaded guilty to the same crimes on March 31, 2015, and was sentenced to one year of probation.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office prosecuted the case.
New Hampshire Man Sentenced for Fentanyl TraffickingRead the Press Release
BOSTON – A New Hampshire man was sentenced yesterday in federal court in Boston for his role in a widespread heroin and fentanyl trafficking conspiracy operating in Lawrence.
Carlos Hernandez, 34, of Manchester, N.H., was sentenced by U.S. District Court Judge Denise J. Casper to 30 months in prison and three years of supervised release. In October 2017, Hernandez pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, cocaine and fentanyl.
On May 30, 2017, a large scale law enforcement operation was conducted in an effort to dismantle two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Ramon Gonzalez-Nival, who was also a source of supply for Patrone. Hernandez was arrested and charged along with Patrone, Gonzalez-Nival, and approximately 30 co-conspirators.
Hernandez was a redistributor in New Hampshire for the Gonzalez-Nival organization. He was arrested on Feb. 25, 2017, after picking up twelve 10-gram units from Gonzalez-Nival’s courier. During a traffic stop shortly thereafter, approximately 120 grams of suspected fentanyl was seized from Hernandez and his passenger, co-defendant Rory Connolly.
Patrone and Gonzalez-Nival have pleaded not guilty and are awaiting trial. Connolly pleaded guilty in November 2017 and was accepted into the Court’s RISE program.
The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based 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; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
This case is the result of a joint investigation conducted by the DEA Cross Border Initiative - comprised of the DEA, the Massachusetts State Police, and the Andover, Haverhill, Lawrence, Lowell, and Wilmington Police Departments - and the ongoing effort of the Organized Crime Drug Enforcement Task Forces (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
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.
Massachusetts Man Arrested for Mailing Threatening Letters Containing Suspicious White PowderRead the Press Release
BOSTON – A Beverly, Mass., man was arrested today in connection with mailing five threatening letters containing suspicious white powder to high-profile individuals around the country.
Daniel Frisiello, 24, was charged in a criminal complaint with five counts of mailing a threat to injure the person of another and five counts of false information and hoaxes. Frisiello was arrested this morning and will appear in federal court in Worcester later this afternoon.
As alleged in court documents, law enforcement has connected Frisiello to at least five incidents of high-profile individuals around the country who received an envelope that bore a Boston postmark, containing suspicious white powder and a note indicating or implying that the powder was dangerous or intended to cause harm.
“This investigation should remind people that law enforcement will prioritize finding and charging those who try to cause panic by sending threatening letters containing what looks like dangerous substances,” said United States Attorney for the District of Massachusetts Andrew E. Lelling. “Beyond terrifying the victims, these incidents caused law enforcement agencies around the country to spend time and money deploying emergency response units. Thankfully, the white powder in these letters was inert and no one was harmed. This does not change the fact that the defendant allegedly used the internet, the U.S. Mail, and popular fears of biological weapons to threaten and frighten people who did not share his views, and that is something we will prosecuted accordingly.”
“This investigation by the Boston Joint Terrorism Task Force sends a strong message to those who seek to terrorize the public by sending powder letters through the mail. Whether real or a hoax, don’t do it. There are plenty of appropriate, lawful ways, to express your opinion and voice your displeasure, but inducing panic and sending what is believed to be a weapon of mass destruction through the mail is certainly not one of them. As alleged, Mr. Frisiello sent letters from the Boston area containing white powder that required emergency responses all over the country,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “While we determined that the mailings did not contain toxins or poison, each of these incidents required a significant law enforcement response, a field screening of the letter’s contents, and a methodical analysis by FBI weapons of mass destruction and laboratory experts. All this comes at a cost to taxpayers’ money and diverted first responders and other limited resources away from actual emergencies.”
“The U.S. Postal Inspection Service is committed to keeping the U.S. Mail, its employees, and customers safe,” said Raymond Moss, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “When the U.S. Mail is used to transport dangerous or potentially dangerous items or substances, it is taken very seriously. The arrest of this individual is a result of a coordinated investigation with the Federal Bureau of Investigation, the United States Secret Service, and other federal, state and local partners. The U.S. Postal Inspection Service will continue to investigate and bring criminals to justice to ensure the public’s trust in the U.S. Mail.”
“This case demonstrates the commitment of the U.S. Secret Service to fully investigate any type of threatening behavior directed towards our Protectees. It also highlights the ongoing collaborative efforts with our law enforcement partners, specifically the U.S. Attorney’s Office for the District of Massachusetts, the Federal Bureau of Investigation, the U.S. Postal Inspection Service and all of our state and local partners involved in the Joint Terrorism Task Force,” said Stephen Marks, Special Agent in Charge of the U.S. Secret Service Boston Field Office.
It is alleged that the first envelope was addressed to “DonalD trump Jr,” the son of President Trump, and was postmarked in Boston on Feb. 7, 2018. The addressee’s wife opened the envelope, which contained an unknown suspicious white powder, and the following printed message:
You are an awful, awful person, I
am surprised that your father lets
you speak on TV. You make the
family idiot, Eric, look smart. This is
the reason why people hate you,
so you are getting what you
deserve. So shut the **** UP!
The second envelope was addressed to Nicola T. Hanna, the Interim United States Attorney for the Central District of California. Also postmarked in Boston on Feb. 7, 2018, the envelope contained an unknown suspicious white powder, which spilled out when it was opened. The letter inside the envelope bore the following printed message:
That’s for murdering Mark Salling! I
Hope you end up the same place as Salling.
As alleged in court documents, Mark Salling, who committed suicide in January 2018, was a defendant in a child pornography case being prosecuted by Hanna’s office.
Subsequent envelopes containing threatening letters were mailed to Michele Dauber, a Professor of Law at Stanford University; U.S. Senator Deborah Stabenow of Michigan; and Antonio Sabato Jr., who is running for a congressional seat in California.
After each envelope was opened, a hazardous material response was required by law enforcement.
It was determined that there were notable commonalities among the envelopes, including that all five envelopes contained an unknown powdered substance, which has since been determined to be nonhazardous. Further investigation revealed that Professor Dauber was also sent a “glitter bomb.” A glitter bomb is a letter containing glitter sent to an unsuspecting individual that, when opened, spills out onto the recipient. Law enforcement traced financial records to Frisiello who ordered and paid for the glitter bomb to be delivered to Professor Dauber. Furthermore, on Feb. 21, 2018, agents recovered trash from Frisiello’s residence that appeared to contain remnants of the cut-out messages that Frisiello allegedly sent to the victims.
The charge of mailing a threat to injure the person of another provides for a sentence of no greater than five years in prison, 10 years in prison for threats addressed to a federal official, three years of supervised release and a fine of $250,000. The charge of false information and hoaxes provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, FBI SAC Shaw, Acting Inspector in Charge Moss, USSS SAC Marks and Beverly Police Chief John G. LeLacheur made the announcement today. This investigation was conducted by the FBI Boston Division’s Joint Terrorism Task Force led by members of the FBI, U.S. Postal Inspection Service, U.S. Secret Service and the Beverly Police Department. The case is being prosecuted by Assistant U.S. Attorney Scott Garland of Lelling’s National Security Unit.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Pleads Guilty to Identity TheftRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to stealing the identity of a U.S. citizen from Puerto Rico.
Wilkin Pena Soto, 30, pleaded guilty to one count of passport fraud and one count of aggravated identity theft. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for June 4, 2018.
In August 2017, Pena Soto applied for a passport at an Attleboro 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 Massachusetts driver’s license in the U.S. citizen’s name. Pena Soto also committed aggravated identity theft in connection with the passport application.
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 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; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Charged with Identity TheftRead the Press Release
BOSTON – A Dominican national was charged today in federal court in Boston in connection with misusing a Social Security number and identity theft.
Jose Gonzalez Vizcaino was indicted on two counts of misuse of a Social Security number and one count of aggravated identity theft. Vizcaino was previously charged by complaint and arrested in February 2018.
According to court documents, on March 11, 2014, Vizcaino walked into a branch of the Registry of Motor Vehicles and used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a Massachusetts learner’s permit. On May 19, 2014, Vizcaino returned to the Registry of Motor Vehicles and again used the name, date of birth, and Social Security number of the United States citizen to apply for a Massachusetts driver’s license.
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. The charge of aggravated identity theft provides for a mandatory two years in prison, which must run consecutive to any other imposed term of imprisonment. Vizcaino will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Boston Man Sentenced for Distributing Heroin and FentanylRead the Press Release
BOSTON – A Boston man was sentenced yesterday in federal court in Boston for his role in a heroin and fentanyl trafficking organization that operated in Taunton and Boston.
Jancer Soto, 27, was sentenced by U.S. District Court Judge Indira Talwani to five years of probation. In October 2017, Soto pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Soto was arrested and charged along with approximately 20 co-defendants.
From mid-2016 through February 2017, federal law enforcement investigated two drug trafficking organizations operating in Taunton and Boston led by Fernando Hernandez and Jose Antonio Lugo-Guerrero. Lugo-Guerrero allegedly operated a drug trafficking organization in Fall River and Boston and was assisted by Soto and approximately seven others. It is alleged that Lugo Guerrero supplied Hernandez with drugs and that Lugo-Guerrero and his associates obtained a significant quantity of illegal drugs by robbing other drug traffickers.
Hernandez pleaded guilty and was sentenced on Feb. 26, 2018, to 188 months in prison. Lugo-Guerrero pleaded not guilty and is scheduled for trial on Sept. 10, 2018.
The conspiracy charge 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 $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 Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Albert F. Dupere; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; Bridgewater Police Chief Christopher Delmonte; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Theodore B. Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted 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.
Man Sentenced to 16 Years in Prison for Child Pornography and Failure to Register as a Sex OffenderRead the Press Release
BOSTON – A former Massachusetts man was sentenced today in federal court in Boston for possessing and distributing child pornography and for failing to register as a sex offender. The offenses stem from two separate cases.
Scot Letourneau, 44, formerly of Quincy and Maine, was sentenced by U.S. District Court Judge Denise J. Casper to 16 years in prison and five years of supervised release. In November 2017, Letourneau pleaded guilty to one count of distribution of child pornography and one count of possession of child pornography; and in a separate case, he pleaded guilty to failure to register as a sex offender.
In early 2015, law enforcement learned that an individual was trading images of child pornography on Kik Messenger with an individual in Connecticut. Further investigation linked the Kik Messenger account to Letourneau. On May 21, 2015, a search warrant was executed at Letourneau’s home, and a preliminary review of his cellphone revealed that he exchanged images of child pornography with others. Forensic analysis revealed that Letourneau had a collection of approximately 103 videos and more than 500 images of children engaged in sexually explicit acts.
After Letourneau was arrested and charged in May 2015, the government sought to detain him pending trial based on his prior convictions, including a 2004 conviction of distribution of child pornography in Cheshire County (N.H.) Superior Court. However, on Aug. 5, 2015, the Court released Letourneau on an electronic bracelet and home confinement in Maine. On Nov. 3, 2015, Letourneau fled Maine to New Mexico, where he resided under an alias. In March, 2017, Letourneau was apprehended in Denver, Colo., and later returned to Massachusetts.
In addition, as a result of his 2004 conviction, Letourneau is required to register as a sex offender, which he failed to do while living in New Mexico as a fugitive under an alias.
Due to Letourneau’s previous child pornography conviction, the current charge of distribution of child pornography provides for a mandatory minimum sentence of 15 years and no greater than 40 years in prison; and the charge of possession of child pornography provides for a mandatory minimum of 10 years and no greater than 20 years in prison. Both charges provide for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of $250,000. The charge of failure to register as a sex offender provides for no greater than 10 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling, John Gibbons, U.S. Marshal for the District of Massachusetts, and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was also provided by the U.S. Marshals Service for the District of Colorado; the Adams County (Colo.) Sheriff’s Department; the Connecticut State Police; the Quincy Police Department; and the U.S. Coast Guard. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Four MS-13 Members Convicted by Federal Jury in BostonRead the Press Release
BOSTON – A federal jury in Boston convicted four members of MS-13’s Eastside Loco Salvatrucha (ESLS) clique yesterday.
Herzzon Sandoval, a/k/a “Casper,” 36; Edwin Guzman, a/k/a “Playa,” 32; and Erick Argueta Larios, a/k/a “Lobo,” 33, a Salvadoran national illegally residing in the U.S., were found guilty of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. Cesar Martinez, a/k/a “Cheche,” 37, a Salvadoran national illegally residing in the U.S., was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine. U.S. District Court Judge F. Dennis Saylor IV scheduled Herzzon Sandoval’s sentencing for May 29, 2018; Guzman’s sentencing for May 30, 2018; Cesar Martinez’s sentencing for May 31, 2018; and Argueta Larios’s sentencing for June 1, 2018.
According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches, or “cliques,” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence, specifically against rival gang members, to gain membership in and be promoted within the gang. Sandoval and Guzman were the leaders, also known as the “first word,” and “second word,” of the ESLS clique in Massachusetts.
On Sept. 20, 2015, Joel Martinez, a/k/a “Animal,” murdered a 15-year-old boy in East Boston. On Jan. 8, 2016, Joel Martinez was promoted by the gang to “homeboy” status for the 2015 murder with a 13-second beating by other MS-13 members at an ESLS meeting which Sandoval, Guzman, Cesar Martinez and Argueta Larios also attended. Joel Martinez has pleaded guilty to RICO conspiracy and accepted responsibility for the murder and is awaiting sentencing.
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 possess with intent to distribute and to distribute 500 grams or more of cocaine provides for a minimum mandatory sentence of five years and up to 40 years in prison, four years of supervised release, and a fine of $5 million. Martinez and Argueta Larios 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; Somerville Police Chief David Fallon; and Herndon (VA) Police Chief Maggie A. DeBoard made the announcement.
Former Postal Employee Pleads Guilty to Child Pornography Charges and to Sexually Exploiting a ChildRead the Press Release
BOSTON – A former United States Postal Service (USPS) employee pleaded guilty today in federal court in Worcester to sexually exploiting a child, using USPS computers to access child pornography, and to possessing child pornography.
Stephen Mantha, 62, of Spencer, pleaded guilty to one count of producing child pornography, one count of accessing child pornography, and one count of possession of child pornography. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for May 24, 2018.
In the summer of 2015, investigators from the USPS Office of Inspector General (OIG) were alerted to suspicious internet searches being conducted on a computer at a Shrewsbury postal facility where Mantha worked as an electronic technician. In August of 2015, agents installed a computer activity recorder, which tracked all computer usage on that computer terminal. Agents were then able to track and record searches, which revealed that Mantha’s search results included images of child pornography. Later, a video camera was installed, and between January and May 2016, agents both recorded and personally observed numerous occasions when Mantha used the USPS computer to conduct searches for, and then view, nude children, partially nude children and child pornography.
On Sept. 21, 2016, a search warrant was executed at Mantha’s residence where numerous thumb drives containing child pornography were recovered. During the review of the materials seized from Mantha’s home, a video was discovered, which had been recorded in approximately 2000 or 2001, depicting Mantha sexually assaulting an approximately seven-year-old boy. That same month, federal agents were able to locate and interview the boy (now an adult), who confirmed the sexual abuse.
In 2000 and 2001, the date of the offense, the charge of sexual exploitation of a child provided for a mandatory minimum of 10 years and no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Although existing penalties for producing child pornography are substantially higher, the Constitution prohibits the government from subjecting individuals to more stringent penalties adopted after their crimes had been committed. The charges of accessing child pornography and possession of child pornography provide for a sentence of up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Eileen Neff, Special Agent in Charge of the United States Postal Service, Office of the Inspector General, Northeast Area Office; 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; Spencer Police Chief David Darrin; and Shrewsbury Police Chief James Hester Jr. made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Drug Trafficker Sentenced to over 15 Years in Prison for Heroin and Fentanyl ConspiracyRead the Press Release
BOSTON – The leader of a heroin and fentanyl trafficking organization that operated in Taunton was sentenced yesterday in federal court in Boston.
Fernando Hernandez, 43, who last resided in Providence, R.I., was sentenced by U.S. District Court Judge Leo T. Sorokin to 188 months in prison and three years of supervised release. On Nov. 6, 2017, Hernandez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Hernandez was arrested and charged along with 22 co-defendants.
From mid-2016 through February 2017, federal law enforcement investigated two drug trafficking organizations operating in Taunton and Boston, one allegedly led by Jose Antonio Lugo-Guerrero, and the other led by Hernandez. Hernandez’s organization was based in Taunton and sold heroin and fentanyl to customers who re-distributed a portion of the drugs they obtained. It is alleged that Hernandez obtained drugs from a network of suppliers that included Lugo-Guerrero.
The court found that Hernandez was responsible for distributing more than a kilogram of heroin over a two-month period in the summer of 2016, and that he was the leader of the organization that involved more than five other participants.
Hernandez has a number of prior criminal convictions that include two drug possessions, four drug distributions, eight assaults, three threats, two abuse prevention act violations, and one kidnapping.
Lugo-Guerrero has pleaded not guilty. His trial is scheduled for Sept. 10, 2018.
United States Attorney Andrew E. Lelling; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Albert F. Dupere; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; Bridgewater Police Chief Christopher Delmonte; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Ted Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted 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.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican national pleaded guilty yesterday in federal court in Boston to illegally reentering the United States after being deported.
Amaury Olivo-Rodriguez, 39, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge William G. Young scheduled sentencing for June 4, 2018.
On April 26, 2017, law enforcement officers in Lawrence encountered Olivo-Rodriguez and determined him to be illegally present in the United States. Olivo-Rodriguez has been deported twice before.
In March 2009, while Olivo-Rodriguez was serving a sentence in New Hampshire for drug distribution, federal agents determined him to be illegally present in the United States. Upon completion of his sentence, Olivo-Rodriguez was placed into removal proceedings, and on June 30, 2010, Olivo-Rodriguez was deported to the Dominican Republic.
In January 2012, Olivo-Rodriguez was encountered by federal agents while attempting to reenter the United States. He was convicted of illegally reentering the country and sentenced to 37 months in prison. Upon completion of this sentence, Olivo-Rodriguez was again deported to the Dominican Republic.
Olivo-Rodriguez faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Cecilio Castro-Zacarias, 33, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to time served and one year of supervised release. Castro-Zacarias is also subject to deportation. In November 2017, he pleaded guilty to one count of unlawful reentry of a deported alien.
In September 2017, law enforcement in New Bedford encountered Castro-Zacarias and determined him to be unlawfully present in the United States. Castro-Zacarias was previously deported on Jan. 13, 2005; April 6, 2005; and Aug. 12, 2005.
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. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Pennsylvania Tobacco Distributor Sentenced for Aiding Tobacco Trafficking in MassachusettsRead the Press Release
BOSTON – A Pennsylvania wholesale tobacco distributor was sentenced yesterday in federal court in Boston for aiding and abetting untaxed shipments of tobacco products into Massachusetts and evading financial reporting requirements.
Kamlesh Patel, 60, was sentenced by U.S. District Court Judge Douglas P. Woodlock to one year and one day in prison, two years of supervised release, and ordered to pay fine of $500,000 and forfeiture of $153,846. In September 2017, Patel pleaded guilty to one count of aiding and abetting a Norwood-based wholesaler to violate the Prevent All Cigarette Trafficking Act (PACT Act) and one count of failing to report large cash transactions to the IRS.
Patel owned and operated RDK Distributors (RDK) and MV Distributors (MV) in Stroudsburg, Penn., through which he distributed wholesale quantities of cigars, smoking tobacco and smokeless tobacco (such as snuff and chewing tobacco), among other products.
Title 15 of the PACT Act requires people who sell, advertise for sale, transfer or ship for profit smokeless tobacco between states to file a statement with the Attorney General and the tobacco tax administrator in the states to which they ship their products. The PACT Act also requires them to file with the tax administrator a monthly record of each shipment of smokeless tobacco that they transport into the state.
Beginning in approximately January 2013, Patel sold large quantities of tobacco products to a Norwood wholesaler, often worth more than $100,000 at a time. The Norwood wholesaler typically paid Patel for the tobacco products in cash. To evade financial reporting requirements that would have notified the IRS of the size, nature and income of the Norwood wholesaler’s business, Patel falsely divided the bulk cash payments he received among multiple invoices. Patel created and instructed his employees to record the large cash payments he received as if there had been numerous sales over numerous days among numerous companies, each less than $10,000, rather than the single sale for which he had received one or two sizeable cash payments, often amounting to more than $100,000 at a time.
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 today. The Massachusetts Department of Revenue also provided valuable assistance. Assistant U.S. Attorney Stephen Heymann of Lelling’s Economic Crimes Unit prosecuted the case.
Brockton Woman Charged with Stealing Social Security BenefitsRead the Press Release
BOSTON – A Brockton woman was arrested today and charged in federal court in Boston with stealing Social Security benefits.
Catherine M. Anzalone, 55, was charged with one count of theft of public funds. According to the indictment that was unsealed today, from April 2000 through April 2017, Anzalone stole approximately $155,736 in Social Security benefits.
The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
West Virginia Man Pleads Guilty to Fraud ChargesRead the Press Release
BOSTON – A Beckley, W.Va., man pleaded guilty today in federal court in Boston in connection with a scheme where he purported to sell paintings stolen from the Isabella Stewart Gardner Museum in 1990, on Craigslist.
Todd Andrew Desper, a/k/a “Mordokwan,” 48, pleaded guilty to four counts of wire fraud and attempted wire fraud. U.S. District Court Judge Rya W. Zobel scheduled sentencing for May 15, 2018. In May 2017, Desper was arrested in West Virginia and charged in a criminal complaint.
Desper, acting under the pseudonym “Mordokwan,” solicited foreign buyers for both the Storm on the Sea of Galilee and Vermeer’s The Concert on Craigslist in a number of foreign cities including Venice and London. Desper directed interested buyers to create an encrypted email account to communicate with him. Authorities were notified of the foreign Craigslist notices by individuals seeking to assist in the recovery of the artwork, as well as those seeking the multi-million dollar reward offered by the Museum.
At the direction of federal authorities, the security director for the Gardner Museum engaged in encrypted communications with Desper in an attempt to determine whether Desper had access to the stolen masterpieces. Desper instructed the security director to send a cashier’s check for $5 million to a location in West Virginia and that the Storm on the Sea of Galilee would then be sent in return, concealed behind another painting. The investigation ultimately revealed that Desper had no access to, nor information about, the stolen paintings, but was instead engaged in a multi-million dollar fraud scheme targeting foreign art buyers.
On March 18, 1990, 13 pieces of artwork were stolen from the Isabella Stewart Gardner Museum in the early morning hours. According to security guards, two white males dressed in Boston Police uniforms gained entrance to the Gardner Museum by stating that they were responding to a report of a disturbance within the museum compound. Upon entry, the thieves subdued and secured the guards and went on to commit the largest art theft in history, taking 13 works of art including Rembrandt’s Storm on the Sea of Galilee and Vermeer’s The Concert. The combined value of the art stolen during the Gardner theft is estimated at $500 million, although several of the works are considered priceless within the art community.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistance was provided the Isabella Stewart Gardner Museum, the U.S. Attorney’s Office for the Southern District of West Virginia, the FBI Pittsburgh Field Division, and the Beckley Police Department. The case is being prosecuted by Assistant U.S. Attorney Sara Miron Bloom of the U.S. Attorney’s Office Criminal Division.
Billerica Man Sentenced to 40 Years in Prison for Sexual Exploitation of Two Young BoysRead the Press Release
BOSTON – A Billerica man was sentenced today in federal court in Boston for sexually exploiting two young boys over a five-and-a-half year period.
Philip Toronto, 43, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 40 years in prison and five years of supervised release. In November 2017, Toronto pleaded guilty to two counts of sexual exploitation of children.
On Feb. 28, 2017, a search warrant was executed at Toronto’s home in response to multiple CyberTips that tracked the trade of child pornography over Skype to Toronto’s Billerica address. During the search, law enforcement recovered evidence of child pornography. Law enforcement confronted Toronto with evidence that some of the child pornography appeared to be homemade. Toronto admitted to filming his sexual abuse of two young boys: a five-year-old boy as recently as September 2016; and a now 15-year-old boy between 2011 and 2014.
More extensive forensic review of the devices seized from Toronto’s home revealed surreptitious recordings of the children in various stages of undress as well as videos and images of Toronto raping and indecently assaulting each of the boys.
United States Attorney Andrew E. Lelling; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. This case was investigated in conjunction with the Middlesex District Attorney’s Office, which indicted Toronto for the rape and assault of both boys. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of his Major Crimes Unit, prosecuted the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Palmer Man Sentenced for Conspiring to Import Prescription Drugs from PakistanRead the Press Release
BOSTON – A Palmer man was sentenced for conspiring to import prescription drugs from Pakistan.
Harry Aliengena, 65, was sentenced by U.S. District Court Judge Mark G. Mastroianni to two years in prison and three years of supervised release. In November 2017, Aliengena pleaded guilty to one count of conspiracy to import controlled substances, two counts of felony introduction of misbranded drugs with intent to defraud or mislead, and one count of misdemeanor introduction of misbranded drugs.
Between July 2011 and June 2012, Aliengena conspired to import prescription drugs from Pakistan into the United States and distributed misbranded drugs to U.S. customers. Aliengena communicated regularly with a Pakistani company and ordered various drugs - including Ritalin, Percocet, Hydrocodone, Adderall, and Restoril - all DEA controlled substances. Aliengena then reshipped a portion of these drugs to customers in the United States on behalf of the Pakistani company in return for payments and discounts on drugs for his personal use.
United States Attorney Andrew E. Lelling; Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office prosecuted the case.
Owner of Medford Pizza Shop Pleads Guilty to Federal Tax ChargesRead the Press Release
BOSTON – The owner of Pinky’s Famous Pizza in Medford pleaded guilty yesterday in federal court in Boston in connection with filing tax returns which failed to disclose the cash payroll payments he paid to employees.
Nikita Yanakopulos, 40, pleaded guilty to two counts of aiding and assisting in filing false Forms 941, Employer’s Quarterly Federal Tax Return, which is used to report income taxes, Social Security taxes, and Medicare taxes withheld from employees’ paychecks. U.S. District Court Judge Richard G. Stearns scheduled sentencing for May 22, 2018.
Yanakopulos owned and operated Pinky’s from approximately 2000 to 2016. During that period, Yanakopulos paid several employees by check and cash and other employees entirely in cash. Yanakopulos caused his payroll service to file Forms 941 that only included the payroll paid by check. During those years, Yanakopulos made cash payroll payments to his employees totaling approximately $675,000, but failed to report those payments to his payroll service or pay the required withholding amounts to the IRS. He thereby avoided paying FICA, Medicare, and withholding taxes totaling approximately $172,000.
The charge of aiding and assisting the filing of false tax returns provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Mark J. Balthazard of Lelling’s Economic Crimes Unit is prosecuting the case.
Registry of Motor Vehicles Clerk Sentenced for Role in Identity Theft SchemeRead the Press Release
BOSTON – A Massachusetts Registry of Motor Vehicles clerk was sentenced yesterday in federal court in Boston for her role in a scheme to produce false identification documents.
David Brimage, 46, of Boston, was sentenced by U.S. District Court Judge Leo T. Sorokin to eight months in prison and two years of supervised release. In October 2017, Brimage and co-conspirators Evelyn Medina, 56; Annette Gracia, 37, both of Boston; Kimberly Jordan, 33, of Randolph; and Bivian Yohanny Brea, 41, of Boston, agreed to plead guilty to one count of producing without lawful authority an identification document or a false identification document. All of the defendants have now been sentenced.
“The conduct in this case was egregious. We will always hold accountable those who violate the public trust,” said United States Attorney Andrew E. Lelling. “While these defendants tried to profit by thwarting legal safeguards they were entrusted with enforcing, the crime was more than that – the defendants engaged in a scheme that made U.S. identity documents – and accompanying benefits – available to illegal immigrants who were not entitled to them.”
“Today’s sentencing highlights the HSI Document and Benefit Fraud Task Force’s continued vigilance against corruption schemes that damage the trust the public places in our government intuitions” said Michael Shea, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement, Homeland Security Investigations Boston office. “This case is another excellent example of federal, state and local cooperation to combat this criminal enterprise.”
“Today’s sentencing sends a strong message: Diplomatic Security is committed to making sure that those who commit identity theft face consequences for their criminal actions,” said William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State's Diplomatic Security Service. “Diplomatic Security’s strong relationship with the U.S. Attorney’s Office and other law enforcement agencies continues to be essential in the pursuit of justice.”
In December 2017, Angel Miguel Beltre Tejada, 32, a Dominican national illegally residing in Jamaica Plain, was sentenced to two years in prison after pleading guilty to one count of aggravated identity theft. Tejada will also be subject to deportation proceedings upon completion of any sentence imposed. In January 2018, Medina and Gracia were sentenced to 15 months in prison and one year and one day in prison, respectively. In February 2018, Jordan was also sentenced to eight months in prison and Brea was sentenced to six months of home confinement and three years of supervised release.
In October 2015, law enforcement received an anonymous letter alleging that a corrupt RMV employee was providing Massachusetts identifications and drivers’ licenses to individuals who were using false identifications. An investigation revealed that several Haymarket RMV clerks – Medina, Gracia, Jordan, and Brimage – were working with Brea and Tejada to fraudulently provide Massachusetts licenses and identification cards to illegal aliens for cash.
The scheme involved several steps. Tejada and Brea would obtain identification documents belonging to United States citizens in Puerto Rico and sell them to clients who were seeking legitimate identities in Massachusetts. These clients included illegal aliens, individuals who were previously deported, and an individual who admitted to previously facing drug charges. Tejada would receive several hundred dollars in cash each time he sold identification documents. Brea received up to $2,700 per identity for her role in the scheme, which included helping clients obtain the documents and facilitating their acquisition of Massachusetts identity documents.
Typically, Brea and the client brought the stolen identities to the Haymarket RMV, where Medina, Gracia, Jordan, and/or Brimage would accept hundreds of dollars in cash to illegally issue authentic RMV documents, including Massachusetts licenses and ID cards. The clerks also accepted bribes to use the RMV’s system to run queries, including Social Security number audits, to confirm that the identities the clients were stealing actually belonged to verifiable individuals.
U.S. Attorney Lelling, HSI Acting SAC Shea, DSS SAC Gannon, and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. HSI’s Document and Benefit Fraud Task Force investigated the case. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit prosecuted the cases.
Natick Man Charged with Child Pornography OffensesRead the Press Release
BOSTON – A Natick man was arrested and charged today in federal court in Boston with distribution and possession of child pornography.
Francis Castellino, 19, was charged with one count of distribution of child pornography, and one count of possession of child pornography. Castellino remains in custody, after agreeing to voluntary detention during an appearance before Magistrate Judge Marianne B. Bowler.
According to court records, law enforcement executed a search warrant at Castellino’s Natick home as part of an ongoing investigation into the online trade of child pornography through the use of Kik messenger. During the search, Castellino admitted to acting as a moderator of a Kik chat group dedicated to trading images and videos of child pornography with other Kik users. Preliminary on-scene forensic analysis of Castellino’s cell phone confirmed his admissions.
The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 10 years in prison. Both charges also provide for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations, made the announcement today. Assistant U.S. Attorneys Anne Paruti and Sandra S. Bower, of Lelling’s Major Crimes Unit, are prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Brockton Man Pleads Guilty to KidnappingRead the Press Release
BOSTON – A Brockton man pleaded guilty today in federal court in Boston to the armed kidnapping of a Quincy man and two children.
Diego Pires, 23, pleaded guilty to kidnapping before U.S. District Court Chief Judge Patti B. Saris, who scheduled sentencing for May 16, 2018. In January 2018, co-defendant Malik Bangura, 20, was sentenced to 17 years in prison and two years of supervised release. Sedrick Oliveira, 26, of Stoughton, and Yesenia Diaz, 23, of Brockton, were also charged.
On Oct. 8, 2016, at approximately 10:25 p.m., a 30-year-old man was kidnapped from the driveway of his Quincy home after being struck in the head with a revolver as he got out of his truck, and dragged into a nearby sedan. The victim had two children strapped into car seats in his truck.
Once the victim was in the sedan, two masked perpetrators, later identified as Pires and Bangura, drove the victim’s truck, with the children, to a secluded location where they unloaded approximately 30 pounds of marijuana and $20,000 from the victim’s truck, into the sedan. The victim, who was face-down in the backseat of the sedan at gunpoint, begged for his life and the life of the two children who were still in their car seats in the back of his truck.
Pires, Bangura, Diaz, and Oliveira then drove the sedan with the drugs, cash and the victim, from Quincy to Brockton and called the victim’s wife demanding $100,000. Law enforcement officers spotted the sedan as it drove through Brockton, recognized the vehicle from a drive-by shooting that occurred in August 2016, and began to follow it. After the defendants recognized the police, they attempted to flee, but ultimately abandoned the sedan in a Brockton driveway. The victim escaped, flagged down law enforcement officers, and described to them the secluded location where the truck had been disserted. Law enforcement located the truck with the children, who were unharmed.
Diaz was subsequently found standing by the sedan and arrested. She previously pleaded guilty and is awaiting sentencing. Oliveira was arrested on Oct. 10, 2016, in Stoughton and charged in a federal criminal complaint. He pleaded not guilty to the kidnapping charge. Bangura was arrested and charged in April 2017. Pires remained a fugitive until he was apprehended in October 2017.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Brockton Police Chief John Crowley; and Quincy Police Chief Paul Keenan, made the announcement today. Assistant U.S. Attorney Emily O. Cannon of Lelling’s Organized Crime and Gang Unit prosecuted 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.
Medford Man Sentenced for Oxycodone TraffickingRead the Press Release
BOSTON – A Medford man was sentenced yesterday in federal court in Boston for distributing oxycodone throughout the North Shore.
Paul Williams, 54, was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to three years in prison and three years of supervised release. In March 2017, Williams pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute oxycodone.
In March 2014, investigators began tracking the activities of Joseph Romano and eight co-defendants. Through surveillance and a cooperating source, investigators were able to make controlled purchases of oxycodone from Romano and his associates. Paul Williams, along with co-defendants Anthony Panarese and Jarod Presterone supplied Romano with oxycodone. On roughly a weekly basis, Romano contacted each of the suppliers separately to arrange meetings to obtain pills for redistribution. Co-defendant Eric Vaughn assisted Panarese in distributing Oxycodone pills. Through the conspiracy, Romano distributed more than 5,000 30 mg. Oxycodone pills.
In May 2015, Romano advised co-defendant Ashley Turner that he was going on vacation and asked that she distribute Oxycodone pills for him while he was away. Romano explained that Ashley Turner would need to get the pills to distribute from Paul Williams. Ashley Turner agreed to the arrangement and distributed pills on Romano’s behalf. Ashley’s father, David Turner Sr., served as a liaison and obtained pills from Paul Williams for Ashley Turner to distribute.
During an August 2017 search of William’s home, agents seized 400 30 mg. Oxycodone pills and approximately $23,350. In total, Williams was held accountable for the distribution of 1,678 Oxycodone 30 mg. pills.
Eight of the nine defendants have been sentenced. Romano was sentenced to four years in prison; Panarese was sentenced to 46 months in prison; Vaughn was sentenced to two years in prison; Marcelle Milbury was sentenced to one year in prison; David Turner Sr. was sentenced to five years of probation; Ashley Turner, who graduated from the Court-sponsored RISE program, was sentenced to four years of probation with a six-month curfew; and Sans Milbury, who also graduated from the Court-sponsored RISE program, was sentenced to three years of probation. Co-defendant Presterone has pleaded guilty and is awaiting sentencing.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Office; Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police; and Danvers Police Chief Patrick M. Ambrose made the announcement. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Longmeadow Man Sentenced for Failing to Report Foreign Bank Account of over $2 MillionRead the Press Release
BOSTON - A Longmeadow man was sentenced today for concealing from the Internal Revenue Service an Irish bank account he held with a balance of over $2 million.
Michael Fitzgerald, 50, was sentenced by U.S. District Court Judge Mark G. Mastroianni to six months in prison, three months of community confinement, six months of home confinement, two years of supervised release, and ordered to pay a penalty of $1,115,320. In October 2017, Fitzgerald pleaded guilty to one count of willfully violating the foreign bank reporting requirements.
United States citizens and residents who have a financial interest in a foreign bank account with a value of more than $10,000 must file with the United States Department of the Treasury a Report of Foreign Bank and Financial Accounts. From at least 2005 through 2012, Fitzgerald, the owner and operator of a local roofing company, held bank accounts with the Bank of Ireland in Isle of Man. In 2012, those bank accounts held a combined balance of over $2.3 million. Fitzgerald willfully failed to report his foreign bank holdings to the Treasury Department.
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 Deepika Bains Shukla of Lelling’s Springfield Branch Office prosecuted the case.
Florida CPA Sentenced for Tax FraudRead the Press Release
BOSTON – A Florida man was sentenced yesterday in federal court in Boston for multiple counts of tax fraud and obstructing the Internal Revenue Service (IRS).
Greg Takesian, 54, of Miami, Fla., was sentenced by U.S. District Court Judge William G. Young to two years in prison and one year of supervised release, and he was ordered to pay restitution in the amount of $286,433 and a $10,000 fine. In November 2017, following a five-day jury trial, Takesian was convicted of four counts of filing false tax returns and one count of attempting to obstruct and impede the IRS.
Takesian, a certified public accountant, worked for Takesian & Company, a tax consulting firm owned by his father. Between 2008 and 2011, Takesian & Company received more than $2 million for tax and consulting services from At Home VNA, a home healthcare agency based in Waltham, Mass. In 2014, At Home VNA’s founder and owner, Michael Galatis, was convicted for fraudulently billing millions of dollars from Medicare.
Takesian spent more than $991,000, taken from Takesian & Company’s bank account, on personal expenses, including cash and check payments to his wife and his girlfriend. In total, Takesian gave his wife more than $500,000 from the company bank account and his girlfriend over $200,000 of company funds. He also spent the money on Caribbean cruises, expensive clothing and nightclubs. Takesian did not report his personal spending from the Takesian & Company bank account on his personal tax returns. After learning of the federal investigation, Takesian also filed false corporate and personal amended returns in an effort to cover up the nearly $1 million of unreported income.
United States Attorney Andrew E. Lelling; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Phillip Coyne, Special Agent in Charge of Health and Human Services, Office of Inspector General, Office of Investigations, made the announcement. Assistant U.S. Attorneys Neil J. Gallagher and Rachel Y. Hemani of Lelling’s Criminal Division prosecuted the case.
Saugus Man Pleads Guilty to Role in Counterfeit Steroid ConspiracyRead the Press Release
BOSTON – A Saugus man pleaded guilty yesterday in federal court in Boston to his role in a conspiracy to traffic counterfeit steroids, including testosterone and trenbolone.
Brian Petzke, 49, of Saugus, pleaded guilty to one count of conspiracy to distribute controlled substances. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for May 8, 2018. Petzke and five others, including Tyler Bauman, a/k/a “musclehead 320,” were arrested and charged in April 2017 with operating a counterfeit steroid operation on the North Shore.
From approximately May 2015 until April 12, 2017, the defendants manufactured steroid products - made from raw materials purchased overseas - and marketed them as “Onyx” steroids using “Onyx” labels that were also ordered from overseas suppliers. Onyx, now owned by Amgen Inc., was a legitimate pharmaceutical company that did not manufacture steroids.
The defendants allegedly sold the steroids to customers across the United States using email and social media platforms, collected payment through money remitters, such as Western Union and MoneyGram, and used false identifications and multiple remitter locations to pick up the proceeds. Some of the defendants laundered proceeds from the steroid sales through Wicked Tan LLC, a tanning business located in Beverly, which they owned and operated specifically to launder the proceeds of the steroid operation.
Petzke is the final defendant to plead guilty in connection with the conspiracy. In August 2017, Bauman pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on March 15, 2018.
The charge of conspiracy to distribute controlled substances 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 or twice the gross gain or loss of the conspiracy. 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 Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Shelly Binkowski, 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 are prosecuting the case.
Holyoke Man Pleads Guilty to Dealing CocaineRead the Press Release
BOSTON – A Holyoke man pleaded guilty today in federal court in Springfield to dealing cocaine.
Raul Ramos, 43, pleaded guilty to one count of distribution and possession with intent to distribute cocaine. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for May 3, 2018.
On Nov. 8, 2016, Ramos distributed 27.712 grams of cocaine in exchange for $1,300. The charges are a result of a federal, state, and local law enforcement investigation into drug trafficking in Springfield and Holyoke.
The charging statute provides for a sentence of no greater than 30 years in prison, a minimum of six years of supervised release, and a fine of $2 million dollars. 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; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James M. Neiswanger made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.
Dominican National Sentenced for Narcotics TraffickingRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for trafficking heroin, fentanyl and cocaine.
Luis Jose Mejia Arias, 24, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 16 months in prison and three years of supervised release. Mejia Arias will be subject to deportation upon completion of his sentence. In August 2017, Mejia Arias pleaded guilty to eight counts of possession with intent to distribute heroin, cocaine and fentanyl.
On eight occasions between September 2015 and May 2016, Mejia Arias distributed heroin, cocaine and/or fentanyl to an undercover officer in Waltham.
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. Valuable assistance was provided by the Suburban Middlesex County Drug Task Force. Assistant U.S. Attorneys Miranda Hooker and Susan Winkler of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Dominican National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Felipe Rodolfo Baez-Romero, 46, was sentenced by U.S. District Court Chief Judge Patti B. Saris to eight months in prison. Baez-Romero will be subject to deportation proceedings upon completion of his sentence. In December 2017, Baez-Romero pleaded guilty to one count of illegal reentry of a deported alien.
On Sept, 29, 2017, law enforcement in Boston encountered Baez-Romero and determined that he was unlawfully present in the United States. Baez-Romero was previously deported on May 7, 2013, and in June 2011.
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. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Brazilian National Sentenced for Scheme to Launder $20 Million in Proceeds from the TelexFree FraudRead the Press Release
BOSTON – A Brazilian national was sentenced today in federal court in Boston for conspiring to launder approximately $20 million in proceeds from the TelexFree pyramid scheme.
Cleber Rene Rizerio Rocha, 28, was sentenced by U.S. District Court Judge Leo T. Sorokin to 33 months in prison and one year of supervised release. In October 2017, Rocha pleaded guilty to one count of conspiring to commit money laundering and one count of money laundering.
In April 2014, a search warrant was executed at the headquarters of TelexFree Inc., a massive pyramid scheme based in Marlborough, Mass., that caused billions of dollars in losses to nearly two million victims worldwide. Later that same day, Carlos Wanzeler, one of the founders of the company, fled first to Canada and then to Brazil, his native country. In his haste to flee the United States, however, Wanzeler left millions of dollars hidden in the greater Boston area.
In mid-2015, an intermediary working on Wanzeler’s behalf contacted an associate for help transferring the money from the United States to Brazil. The associate, who later cooperated with federal authorities, arranged with Wanzeler’s representative in Brazil to launder cash through Hong Kong, convert it to Brazilian Reals, and then transfer it to Brazilian accounts. In January 2017, Rocha, working as a courier for Wanzeler’s representative in Brazil, flew from Brazil to New York City. Rocha later met the cooperating witness in Hudson, Mass., where Rocha gave him a suitcase containing $2.2 million of Wanzeler’s hidden TelexFree money, intending that the cooperating witness help launder the cash out of the United States. After the meeting, agents followed Rocha to an apartment in Westborough, Mass., and he was later arrested. A search of the apartment resulted in the seizure of approximately $20 million in cash found hidden in a mattress box spring.
Wanzeler and TelexFree co-founder James Merrill were indicted in July 2014 on charges that they operated TelexFree as a massive pyramid scheme. Merrill pleaded guilty to those charges and was sentenced in March 2017 to six years in prison. Wanzeler remains a fugitive.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. U.S. Attorney Lelling and Assistant U.S. Attorney Neil J. Gallagher Jr. of the Economic Crimes Unit prosecuted the case.
Ten Charged with Trafficking Heroin/FentanylRead the Press Release
BOSTON – Three Lawrence men and a Leominster man were arrested today and charged in federal court in Worcester in connection with a joint federal and state investigation targeting narcotics trafficking in central Massachusetts. Six additional defendants were charged by the Massachusetts Attorney General’s Office with state drug offenses.
Carlos Rodriguez, 42; Ernesto Rodriguez, 48; and Joshua Sanchez, 27, all of Lawrence, and Jorge Burgos, 39, of Leominster, were charged today with conspiring to distribute and possess with the intent to distribute in excess of 100 grams of heroin and fentanyl, possession with the intent to distribute heroin and fentanyl, and use of a telecommunications facility in furtherance of narcotics trafficking. Sanchez and Burgos appeared in federal court in Worcester today and were ordered detained pending a detention hearing on Feb. 16, 2018. Carlos and Ernesto Rodriguez will appear in federal court in Worcester tomorrow.
According to court documents, as a result of various wiretaps capturing the defendants’ discussions of sales and purchases of heroin/fentanyl, in November and December 2017, law enforcement agents conducted surveillance of Burgos purchasing heroin for resale from Carlos Rodriguez, Ernesto Rodriguez, and others. In addition, on Dec. 19, 2017, law enforcement stopped Sanchez after he left Carlos Rodriguez’s home and found Sanchez in possession of approximately 60 grams of suspected heroin/fentanyl. The following day, after intercepted communications suggested that Carlos Rodriguez would be delivering 50 grams of heroin to Burgos at his residence in Leominster, agents conducted a vehicle stop of the vehicle Carlos Rodriguez was driving and recovered approximately 50 grams of suspected heroin and/or fentanyl. Further investigation led to the recovery of at least 100 additional grams of suspected heroin and fentanyl from Ernesto Rodriguez. It is further alleged that intercepted communications captured Carlos Rodriguez discussing with Burgos how agents had stopped him on the way to Burgos’ residence and captured him discussing with another individual where to hide a firearm from authorities.
Additional intercepts of Burgos’ phone on Dec. 27, 2017, included discussions that agents believed to relate to a number of firearms hidden on Burgos’ property.
The Massachusetts Attorney General’s office charged six additional individuals associated with the investigation with state crimes. Jose Ortiz, 57; Roberto Ortiz 58; and Gilberto Victoriano 51, all of Worcester, were each charged with two counts of distribution of heroin and two counts of conspiracy to violate the drug laws. Additionally, the Ortiz brothers were charged with one count each of possession of heroin with intent to distribute. Roberto Ortiz and Victoriano face up to two and a half years in the House of Correction. Jose Ortiz faces at least three and a half years and up to 15 years in state prison. Caroline Cartagena, 43, of Worcester, was charged with one count of trafficking in over 200 grams of cocaine. She faces a minimum of 12 years and up to 20 years in state prison. Tina Murphy, 40, of Shirley, was charged with one count of distribution of fentanyl and one count of conspiracy to violate the drug laws. Murphy faces no greater than two and a half years in the House of Correction. The remaining defendant is still at-large.
The charge of conspiring to distribute in excess of 100 grams of heroin 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. The charge of possession of heroin and fentanyl with the intent to distribute 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 fine of up to $1 million. The charge of use of a telecommunications device in furtherance of a narcotics offense provides for a sentence of no greater than four years in prison, up to one year of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Raymond Moss, Acting Inspector in Charge of the United States Postal Inspection Service; Massachusetts Attorney General Maura Healey; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; Leominster Interim Police Chief Michael Goldman; Milford Police Chief Thomas J. O’Loughlin; and Leicester Police Chief James J. Hurley 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 charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Sentenced for Identity TheftRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for stealing the identity of a U.S. citizen from Puerto Rico.
Jhonny Emilio Pimentel Aybar, 35, a Dominican national who previously resided in Everett, was sentenced by U.S. District Court Judge Leo T. Sorokin to 25 months in prison and three years of supervised release. Pimentel Aybar will be subject to deportation upon completion of his sentence. In November 2017, Pimentel Aybar pleaded guilty to three counts of misuse of a Social Security number and three counts of aggravated identity theft.
From at least August 2012 to August 2014, Aybar used a stolen identity to register as a Level 3 sex offender with the Everett Police Department. Aybar has been required to register as a Level 3 offender since his 2008 conviction in Essex County Superior Court for indecent assault and battery on a child under 14.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant United States Attorney Anne Paruti of Lelling’s Major Crimes Unit prosecuted the case.
Quincy Man Sentenced for Bank RobberyRead the Press Release
BOSTON – A Quincy man was sentenced yesterday in federal court in Boston for bank robbery.
Perry C. Learning, 36, was sentenced by U.S. District Court Judge Indira Talwani to 30 months in prison, three years of supervised release, and ordered to pay restitution of $1,480 to Citizens Bank. In July 2017, Learning pleaded guilty to one count of unarmed bank robbery.
On Dec. 15, 2015, an individual entered a branch of Citizens Bank in Quincy and demanded money from a teller. The teller gave the individual $1,480 from her drawer, and the individual exited the bank. The bank’s surveillance cameras captured images of the individual, and surveillance cameras on neighboring businesses captured images of the robber walking away. Photographs of the robber were disseminated to law enforcement who recognized the individual as Perry Learning. On Jan. 11, 2016, Learning was arrested.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Quincy Police Chief Paul Keenan made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Guatemalan National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON – A Guatemalan national pleaded guilty yesterday in federal court in Worcester to illegally reentering the United States after deportation.
Enri Nemias Vega, 31, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for May 2, 2018.
Vega was previously deported in 2012. On May 20, 2017, Vega was encountered by law enforcement in Sutton and determined to be illegally present in the United States.
Vega faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of up to $250,000 and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case.
Registry of Motor Vehicles Clerk Sentenced for Role in Identity Theft SchemeRead the Press Release
BOSTON – A Massachusetts Registry of Motor Vehicles clerk was sentenced today in federal court in Boston for her role in a scheme to produce false identification documents.
Kimberly Jordan, 33, of Randolph, was sentenced to eight months in prison and two years of supervised release. In October 2017, Jordan and co-conspirators Evelyn Medina, 56; Annette Gracia, 37; David Brimage, 46; and Bivian Yohanny Brea, 41, all of Boston, agreed to plead guilty to one count of producing without lawful authority an identification document or a false identification document.
In December 2017, Angel Miguel Beltre Tejada, 32, a Dominican national illegally residing in Jamaica Plain, was sentenced to two years in prison after pleading guilty to one count of aggravated identity theft. Tejada will also be subject to deportation upon completion of the sentence. In January 2018, Medina and Gracia were sentenced to 15 months in prison and one year and one day in prison, respectively.
In October 2015, law enforcement received an anonymous letter alleging that a corrupt RMV employee was providing Massachusetts identifications and driver’s licenses to individuals who were using false identifications. An investigation revealed that several Haymarket RMV clerks – Jordan, Medina, Gracia, and Brimage – were working with Brea and Tejada to fraudulently provide Massachusetts licenses and identification cards to illegal aliens for cash.
The scheme involved several steps. Tejada and Brea would obtain identification documents belonging to United States citizens in Puerto Rico and sell them to clients who were seeking legitimate identities in Massachusetts. These clients included illegal aliens, individuals who were previously deported, and an individual who admitted to previously facing drug charges. Tejada would receive several hundred dollars in cash each time he sold identification documents. Brea received up to $2,700 per identity for her role in the scheme, which included helping clients obtain the documents and facilitating their acquisition of Massachusetts identity documents.
Typically, Brea and the client brought the stolen identities to the Haymarket RMV, where Medina, Gracia, Jordan, and/or Brimage would accept hundreds of dollars in cash to illegally issue authentic RMV documents, including Massachusetts licenses and ID cards. The clerks also accepted bribes to use the RMV’s system to run queries, including Social Security number audits, to confirm that the identities the clients were stealing actually belonged to verifiable individuals.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State’s Diplomatic Security Service; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. HSI’s Document and Benefit Fraud Task Force investigated the case. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the cases.
Two Springfield Men Arrested for Distributing Crack CocaineRead the Press Release
BOSTON – Two Springfield men were arrested today and charged in separate indictments in federal court in Springfield with distribution of crack cocaine.
Donovan Coombs-Thompson, 24, of Springfield, and Kayvon Lovejoy, 26, were each charged in separate indictments with two counts of distribution of crack cocaine. Both men were detained following an appearance in federal court in Springfield this afternoon.
The indictment charging Coombs-Thompson alleges that in October 2017, he distributed cocaine base on two occasions. The indictment charging Lovejoy alleges that in August 2017, he distributed crack cocaine on two occasions.
Coombs-Thompson faces no greater than 20 years in prison, a minimum of three years of supervised release, and a fine of $1 million. Lovejoy faces no greater than 30 years in prison, a minimum of six 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office is prosecuting the case
The details contained in the indictments are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Three Alleged Gang Members Charged with Dealing FirearmsRead the Press Release
BOSTON – Three alleged members of the Latin Gangsta’ Disciples were charged yesterday with federal firearm offenses.
Jose Ilarraza, a/k/a “Kae-Kae,” 26, of Newburyport; Bryan Torres-Almanzar, a/k/a “Flex,” 19, of Lawrence; and Eric Valentin, a/k/a “Jefe,” 22, also of Lawrence, were charged with dealing firearms without a license and conspiracy to deal firearms without a license. Torres-Almanzar and Valentin were arrested yesterday in Nashua, N.H., and detained following an appearance in federal court in Boston. Ilarraza is in state custody for an unrelated offense.
As alleged in court documents, in September 2017, an individual who was working as a cooperating witness for federal investigators was approached by Ilarraza after hearing that the cooperating witness was interested in obtaining firearms that could be sent to the Dominican Republic. Ilarraza, who was incarcerated at the time at the Essex County Jail following a conviction for breaking and entering and resisting arrest, instructed the cooperating witness to contact Torres-Almanzar, who was allegedly heavily involved in firearms trafficking.
This information and another cooperating witness were used to purchase firearms from Torres-Almanzar and his “partner,” Valentin, on six occasions between Sept. 12, 2017, and Oct. 19, 2017. For example, on Sept. 14, 2017, the cooperating witness arranged to purchase a 9mm semiautomatic pistol with a laser sight and an extended magazine for $1,000 from Torres-Almanzar and Valentin. During the sale, Torres-Almanzar and Valentin talked about future gun purchases and told the cooperating witness that “we do business and will take care of you.” They also said that they were in the business of “growing our organization” and that it was a “good thing that he [Ilarraza] introduced us.” During the course of the investigation, the cooperating witness purchased eight firearms from Torres-Almanzar and Valentin.
The charges of dealing in firearms without a license and conspiracy each provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Lawrence Police Chief Roy P. Vasque; Essex County Sheriff Kevin F. Coppinger; Essex County District Attorney Jonathan W. Blodgett; Lowell Chief of Police William Taylor; and Nashua (N.H.) Police Chief Andrew J. Lavoie made the announcement today.
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.
Israeli National Pleads Guilty to Cocaine Conspiracy and International Money Laundering ChargesRead the Press Release
BOSTON – An Israeli national pleaded guilty today in federal court in Boston to conspiring to transfer $2.5 million worth of cocaine from Colombia to Israel via Boston and to money laundering charges.
Jalal Altarabeen, a/k/a Glal El Tarbin, a/k/a Jalal Salamah, a/k/a Abu Rasheed, 34, pleaded guilty to one count of conspiring to possess with intent to distribute and to distribute more than five kilograms of cocaine and six counts of international money laundering. U.S. District Court Judge Indira Talwani deferred acceptance of the plea until sentencing, which she scheduled for April 13, 2018. In February 2017, Altarabeen was extradited from Poland after being indicted with a co-conspirator. Altarabeen and the co-conspirator were previously charged in a federal criminal complaint in March 2016.
From October 2015 to April 20, 2016, Altarabeen and his co-conspirator conspired in Boston, Colombia, Poland, and elsewhere to distribute 50 kilograms of cocaine and to launder money internationally. They also negotiated to buy 50 kilograms of cocaine from an undercover officer posing as a drug trafficker. The undercover officer’s relationship with the co-conspirator began in 2008 and included a meeting in Nicosia, Cyprus.
Altarabeen and the co-conspirator agreed to pay the undercover officer $50,000 per kilogram to have the cocaine delivered in Israel. The undercover officer told the conspirators that the cocaine would be transported from Colombia to Boston and from Boston to Beersheba, Israel. Altarabeen agreed to make an advance payment of nearly $1 million to cover transportation costs, and he sent six wire transfers from Turkey totaling $999,972 to an undercover bank account in Boston. The undercover officer and Altarabeen agreed that Altarabeen would pay the $1.5 million balance after the receipt and sale of the 50 kilograms of cocaine.
Over several months, the undercover officer spoke with Altarabeen and the co-conspirator by telephone, WhatsApp, video Skype and in person. They contacted the undercover officer using telephone numbers from Cyprus, Jordan, Israel, Palestine and Colombia, and discussed the drug transaction while in Bogota, Colombia, on Oct. 14, 2015, and Feb. 9, 2016.
The drug trafficking statute provides for a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. The money laundering statute 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 $500,000 or twice the value of the property involved in the offense. 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 Ferguson, Special Agent in Charge of the Drug Enforcement Administration; Joel Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Linda M. Ricci of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Wareham Man Sentenced for Cocaine TraffickingRead the Press Release
BOSTON – A Wareham man was sentenced today in federal court in Boston in connection with trafficking cocaine.
Aaron Mott-Frye, 27, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 18 months in prison and three years of supervised release. In May 2017, Mott-Frye pleaded guilty to conspiracy to distribute cocaine and possession of cocaine with the intent to distribute.
Mott-Frye was a cocaine supplier to Christopher Wilkins and Christian Chapman, members of the Nauti-Block gang that operated on Cape Cod. On June 14-15, 2016, Mott-Frye distributed cocaine to a cooperating witness.
Christian Chapman and Christopher Wilkins pleaded guilty to heroin trafficking charges, among other crimes, and were sentenced to eight years and nine years in prison, respectively. Denzel Chisholm, the alleged leader of the Nauti-Block gang, was convicted by a federal jury and sentenced in September 2017 to 28.5 years in prison.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Cape and Islands District Attorney Michael O’Keefe; and Barnstable Police Chief Paul MacDonald, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen and Miranda Hooker of Lelling’s Criminal Division prosecuted the case.
Orleans Woman Pleads Guilty to Stealing Deceased Spouse's Social Security BenefitsRead the Press Release
BOSTON – An Orleans woman pleaded guilty today in federal court in Boston to stealing her deceased husband’s Social Security benefits.
Susan Condon, 65, pleaded guilty to one count of theft of public funds and one count of making false statements. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for May 7, 2018.
Condon served as the representative payee for her husband in his receipt of Social Security benefits. Her husband passed away in April 2004, but she continued to receive his Social Security benefits each month. In January 2015, Condon falsely reported to the Social Security Administration (SSA) that she used all of the funds she received as her husband’s representative payee for her husband’s benefit. She did not inform the SSA that her husband had died more than 10 years earlier. From the time of her husband’s death in April 2004 through February 2017, Condon received approximately $186,804 in Social Security benefits.
The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of making false statements provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Couple Pleads Guilty to $2.7 Million Bank Fraud SchemeRead the Press Release
BOSTON – A Rockland couple pleaded guilty today in federal court in Boston to engaging in a scheme to embezzle more than $2.7 million from Bank of America using fraudulent donations to non-profit organizations.
Palestine Ace, a/k/a Pam Ace, 45, a former Senior Vice President of Bank of America’s Global Wealth & Investment Management Division pleaded guilty to one count of conspiracy to commit bank fraud, five counts of wire fraud, and 12 counts of bank fraud. Her husband, Jonathan R. Ace, 46, pleaded guilty to one count of conspiracy to commit bank fraud, three counts of wire fraud, and one count of engaging in an unlawful monetary transaction. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Palestine Ace for May 16, 2018, and May 17, 2018, for Jonathan Ace.
From approximately October 2010 to April 2015, the couple engaged in an embezzlement and kickback scheme to defraud Bank of America of approximately $2.7 million using fraudulent donations to non-profit organizations. As part of the scheme, Palestine Ace used her position as a Senior Vice President at Bank of America to misappropriate funds from a marketing budget and transfer the money to non-profit organizations. Specifically, Palestine Ace authorized 75 transactions, each under $50,000, to non-profit organizations in Boston and Atlanta. Then, the couple, either directly or indirectly, informed the non-profit organizations that a substantial portion of the donated funds had to be returned in order to ensure that Bank of America would continue to fund the organization. The non-profit organizations either wrote a check to Jonathan Ace or a co-conspirator, or they returned funds to a Bank of America account, to which the couple had access. On various occasions, Jonathan Ace pressured the recipients of the donated funds to return a higher percentage of the funds to him, by using intimidation and threats of public humiliation.
Palestine and Jonathan Ace used a portion of the funds they embezzled from Bank of America to support their lifestyle and pay for personal expenses, including lavish birthday parties and the purchase of a $17,000 Kawasaki motorcycle.
The charges of wire fraud and bank fraud each provide 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 unlawful monetary transaction provides for a sentence of no greater than 10 years in prison, two years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William B. Evans; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Neil J. Gallagher of Lelling’s Economic Crimes Unit is prosecuting the case.
Worcester Man Pleads Guilty to Fraud and Identity TheftRead the Press Release
BOSTON – A Worcester man pleaded guilty today in federal court in Worcester to fraud and identity theft charges arising from unlawfully using the identity of a disabled Medicare beneficiary for 17 years.
Jose Agosto, 51, pleaded guilty to four counts of wire fraud, four counts of misusing a Social Security number, three counts of making false statements relating to health care services, and five counts of aggravated identity theft. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for April 25, 2018. Agosto was charged on Aug. 9, 2017, and has been in custody since.
Agosto admitted that he began living under the name of another individual in order to avoid the consequences of an arrest warrant, and that he used the victim’s name and other personal identifying information to obtain replacement Social Security cards, driver’s licenses and bank accounts. Agosto also admitted to seeking medical treatment under the victim’s name and that doing so caused medical providers to submit more than $148,000 in claims to Medicare, despite the fact that Agosto was not a Medicare beneficiary. In addition, Agosto executed promissory notes under the victim’s name and then defaulted on those notes. Agosto acknowledged that by using the victim’s identity, Agosto threatened the victim’s continued receipt of Social Security and Medicare benefits as well as the victim’s credit rating.
Furthermore, Agosto admitted to leaving threatening voice mails in an effort to intimidate the victim and his family. In these voice mails, Agosto threatened to kill various members of the victim’s family and warned of a “massacre.” One such statement made by Agosto was: “I’m going to start killing all of your family one-by-one. I’ll start killing your mother, I’ll kill your sister, and then the last one’s going to be you.”
Each wire fraud count provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of $250,000. The charges of Social Security fraud and making false statements provide for a sentence of no greater than five years in prison, up to three years of supervised release, and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division; Philip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; and Christina Scaringi, Special Agent in Charge of the U.S Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office, made the announcement today. The U.S. Department of Agriculture, Office of Inspector General, and the Massachusetts Bureau of Special Investigations provided assistance with the investigation. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
New England Compounding Center Pharmacist Sentenced for Role in Nationwide Fungal Meningitis OutbreakRead the Press Release
BOSTON – The former supervisory pharmacist of New England Compounding Center (NECC) was sentenced today in connection with the 2012 nationwide fungal meningitis outbreak that killed 64 and caused infections in 793 patients.
Glenn Chin, 49, of Canton, Mass., was sentenced by U.S. District Court Judge Richard G. Stearns to eight years in prison, two years of supervised release, and forfeiture and restitution in an amount to be determined later. In October 2017, Chin was convicted by a federal jury in Boston of 77 counts, including racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead.
“Mr. Chin was a pharmacist, but again and again he acted with complete disregard for the health and safety of patients,” said United States Attorney Andrew E. Lelling. “Mr. Chin will now be held responsible for producing contaminated drugs that killed dozens and grievously harmed over 750 people across the country. No patient should suffer harm at the hands of a medical professional, and we will continue to work with our law enforcement partners to combat fraud and abuse in the health care system.”
“A key aspect of the FDA’s mission is to ensure that drugs are made under high quality conditions so that no patient is at risk of harm due to poorly compounded products,” said FDA Commissioner Scott Gottlieb, M.D. “In response to episodes where patients were harmed by poorly compounded drugs, Congress passed a new set of laws to improve the FDA’s oversight of these products. We’re committed to the efficient, timely and robust implementation of that framework to help make sure patients can trust the reliability and safety of compounded drugs, recognize the benefits of pharmacy compounding, and that we protect consumers from harm.”
“As a licensed pharmacist, Glenn Chin took an oath to protect his patients,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “In contrast, he failed miserably by cutting corners, ignoring warning signs, and harming hundreds of people with his reckless disregard for their safety. Dozens of unsuspecting patients died because of the tainted drugs that were distributed on his watch. Now, Mr. Chin is finally being held accountable for his role in one of the worst pharmaceutical disasters in this country. The FBI hopes today’s sentence will bring some comfort to the hundreds of victims and their families who have suffered so much.”
In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. Of those 753 patients, the U.S. Centers for Disease Control and Prevention (CDC) reported that 64 patients in nine states died. The government has since identified a total of 793 patients throughout the country harmed by NECC’s contaminated steroids.
Chin manufactured three lots of contaminated MPA, which comprised more than 17,000 vials of medication. In doing so, Chin ignored NECC’s own drug formulation worksheets and standard operating procedures. Specifically, he improperly sterilized the MPA, failed to verify the sterilization process, and improperly tested it to ensure sterility. Despite knowing these deficiencies, Chin directed the MPA to be filled into thousands of vials and shipped to NECC customers nationwide. During the fungal meningitis outbreak, the CDC identified 18 different types of fungi from MPA vials and patient samples. In the words of one public health official, NECC was a “fungal zoo.”
Chin directed the shipping of drugs prior to receiving test results confirming their sterility, and he directed NECC staff to mislabel drugs to conceal this practice. He also directed the compounding of drugs with expired ingredients, including chemotherapy drugs that had expired several years prior. Chin prioritized drug production over cleaning, directed the forging of cleaning logs, and routinely ignored mold and bacteria found inside the clean rooms. Lastly, for more than three years, Chin, along with co-conspirators, utilized a pharmacy technician whose license had been revoked by the Massachusetts Board of Pharmacy to compound highly sensitive cardiac drug solutions, and took steps to conceal the technician’s presence inside the clean room from state regulators.
“One of the Defense Criminal Investigative Service’s (DCIS) priorities is to protect the integrity of TRICARE, the U.S. Defense Department's health care program,” stated Special Agent in Charge Leigh-Alistair Barzey, DCIS Northeast Field Office. “Today’s sentencing demonstrates DCIS’ commitment to work with the USAO-MA, the FBI, the FDA-OCI and its other law enforcement partners, to identify, investigate and prosecute individuals who disregard pharmaceutical regulations and endanger the health and safety of U.S. military members, retirees and their families.”
“The VA provides healthcare to those who have sacrificed so much for our country and fortunately no veterans receiving VA care were harmed by the fungal meningitis outbreak. However, it is appalling that NECC staff acted with such reckless disregard for patients by putting profits over safety,” said Special Agent in Charge Sean J. Smith for the Department of Veterans Affairs, Office of Inspector General. “The VA Office of Inspector General is honored to work with our partners in law enforcement on such an important investigation and assist in bringing those individuals who were responsible to justice.”
“The sentence imposed today on Glenn Chin demonstrates the commitment of the U.S. Postal Inspection Service and our law enforcement partners, to the safety and health of the American public,” said Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “Chin’s actions as a supervising pharmacist jeopardized the health of many patients and we will continue to investigate and take action against those who take part in this type of egregious behavior.”
U.S. Attorney Lelling, FDA Commissioner Gottlieb, M.D., FBI SAC Shaw, DCIS SAC Barzey, VA OIG SAC Smith, and Acting Inspector in Charge of USPIS Moss made the announcement today. Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Lelling’s Health Care Fraud Unit prosecuted the case.
Leominster Woman Indicted for Stealing Social Security and Veterans BenefitsRead the Press Release
BOSTON – A Leominster woman was arrested today and charged in federal court in Boston for theft of Social Security and Veterans Affairs benefits.
Joyce Progin, 70, was indicted on two counts of theft of public funds. Progin was released after appearing before U.S. District Court Chief Magistrate Judge David H. Hennessy today at 3:00 p.m.
According to the indictment unsealed today, from November 2009 through March 2017, Progin stole approximately $55,267 in Social Security benefits, and from November 2009 through November 2017, she stole approximately $269,978 in benefits from the Department of Veterans Affairs.
The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Sean Smith, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
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.
Holyoke Man Pleads Guilty to Receiving Child PornographyRead the Press Release
BOSTON – A Holyoke man pleaded guilty yesterday in federal court in Springfield to receiving child pornography.
Edward F. Dupont, 75, pleaded guilty to one count of receipt of child pornography and is scheduled for sentencing on April 26, 2018. Dupont was arrested in August 2015 and has been detained since.
On June 23, 2015, federal law enforcement agents executed a search warrant at Dupont’s residence where they seized a computer containing over 16,000 images and 35 videos of child pornography. Four of the videos depicted the rapes of girls as young as five-years-old.
Dupont also possessed a 170-page manual entitled, “How to Practice Child Love.” The manual is a professionally designed document that presents itself as “an education and a step-by-step guide for adults to engage and practice sexual relationships with children.” The manual states: “You do not even need to leave your own house or lot to meet new children and child love candidates. If you are bound to stay at your house, and preferably living alone, you can actually get the kids all the way to your front door – and even inside. This might even be a very safe option too – since as soon as you get the kids inside, no one can watch your activities from outside.”
During the search, Dupont waived his Miranda rights and stated that he has a sexual interest in young children; he has used his computer to access child pornography sites and to download child pornography images and videos; and he possessed child pornography on his home computer.
Though Dupont denied ever having sexual contact with children, he admitted that neighborhood children came over to play in his backyard and in his basement. He had also given copies of his house keys to the neighbors so that their children could come over any time they wanted, and he maintained a cupboard with games for the children to play.
If the Court accepts the terms of the binding plea agreement, Dupont faces a sentence of at least seven years and up to 15 years in prison, seven years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Guatemalan National Pleads Guilty to Failure to Register as a Sex Offender and Illegal Reentry After DeportationRead the Press Release
BOSTON – A Guatemalan national pleaded guilty today in federal court in Boston to failing to register as a sex offender and to illegally reentering the United States after being deported.
Jary Vincente Valenzuela, 27, a Guatemalan national formerly residing on Nantucket, pleaded guilty to one count of failing to register as a sex offender and one count of unlawful reentry of a deported alien. U.S. District Court Judge Indira Talwani scheduled sentencing for March 27, 2018.
On July 16, 2012, Valenzuela was found guilty in state court of rape of a child – a 14-year-old - and sentenced to 18 months in prison. As a result of his conviction, Valenzuela was classified as a Level 1 sex offender and is required to register as such. Upon release from his state sentence, Valenzuela was taken into immigration custody and processed for deportation to Guatemala. On Aug. 8, 2013, Valenzuela was deported.
In June 2017, law enforcement learned that Valenzuela had re-entered the United States and was living on Nantucket. Law enforcement confirmed with the Massachusetts Sex Offender Registry Board that Valenzuela had a legal obligation to register as a sex offender and had not done so since illegally returning to the United States. On July 25, 2017, law enforcement arrested Valenzuela.
The charge of illegal reentry of a deported alien provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of $250,000. The charge of failure to register as a sex offender provides for a sentence of no greater than 10 years in prison, up to a lifetime of supervised release, and a fine of $250,000. Valenzuela will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.
Connecticut Man Sentenced for Federal Firearms OffensesRead the Press Release
BOSTON – An Enfield, Conn., man was sentenced today in federal court in Springfield for unlawfully possessing firearms.
Kenneth Finch Jr., 31, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and three years of supervised release. In September 2017, Finch Jr. pleaded guilty to two counts of being a convicted felon in possession of a firearm. Finch has a prior felony conviction in North Carolina for being a felon in possession of a firearm.
In June 2015, law enforcement received information that Finch was a source for illegal firearms in the Springfield area. On June 3, 2015, Finch sold a Ruger Model P-90 .45 caliber pistol and six rounds of .45 caliber ammunition to two undercover officers in exchange for $1,200. Finch was later arrested on May 12, 2016, and charged. The following day, Finch called his girlfriend from jail and directed her to a firearm that he had concealed in her apartment. Law enforcement later recovered a Duetsche Werke 7.65 mm caliber pistol from Finch’s girlfriend at her apartment in Springfield. On Nov. 10, 2016, Finch was charged in a superseding indictment with an additional count of being a felon in possession of a firearm.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Branch Office prosecuted the case.
Boston-Area Investment Advisers Charged with FraudRead the Press Release
BOSTON – Two Boston-area investment advisors were charged today in federal court in Boston with using their clients’ funds to make their own investments and to pay personal expenses.
James Polese, 51, of Wenham, and Cornelius Peterson, 28, of Newton, were each charged with one count of conspiracy and investment adviser fraud and thee counts of bank fraud. Polese was also charged with an additional five counts of bank fraud and one count of aggravated identity theft. Both men have agree to plead guilty.
As alleged in court documents, from approximately 2014 to June 2017, Polese and Peterson misappropriated approximately half a million dollars from their clients by transferring funds out of their clients’ accounts without their knowledge or consent. Specifically, On Aug. 20, 2014, Polese and Peterson used $100,000 from a client’s account to invest in a wind farm project although it was not an investment opportunity authorized by their company. On May 15, 2015, Polese and Peterson used $400,000 from another client’s account to back a letter of credit in support of the wind farm project. On multiple occasions in 2017, Polese caused funds to be transfered from a client’s account to pay personal expenses, including college tuition payments and credit card bills. Polese and Peterson were both terminated from the company in June 2017.
The charges of conspiracy and investment adviser fraud each provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,00 or twice the gross gain or loss, whichever is greater. The charge of bank fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release and a fine of $250,00 or twice the gross gain or loss, whichever is greater. The charge of aggravated identity theft provides for a mandatory consecutive term of two years in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The U.S. Securities & Exchange Commission also provided valuable assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Economic Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Worcester Man Charged with Marriage FraudRead the Press Release
BOSTON – A Worcester man was arrested yesterday in connection with entering into six fraudulent marriages in order to evade immigration laws.
Peter Hicks, 57, was charged in federal court with one count of marriage fraud. Hicks was released following an initial appearance in federal court in Worcester yesterday.
According to the criminal complaint unsealed yesterday, in 2014 federal law enforcement agents uncovered evidence that Hicks married six foreign national women from Sub-Saharan Africa between 2003 and 2013. Hicks allegedly filed for immigration benefits for four of his six wives.
During a routine interview as part of his application for benefits for a non-citizen spouse, Hicks admitted to marrying three of the women solely to obtain immigration benefits for them. During a second interview with immigration officials, Hicks admitted that he was paid to recruit people for fraudulent marriages. During an interview with federal agents on Jan. 8, 2015, Hicks admitted that he was involved in marriage fraud for approximately 13 years, and that he received payments to marry undocumented African women and to find willing United States citizens to marry illegal aliens for the purpose of allowing the women to establish legal status in the United States.
It is further alleged that on at least one occasion, Hicks was still married to one spouse at the time of his marriage to another spouse. Hicks also fraudulently claimed on an immigration form submitted on behalf of one of his spouses, that he had only one former spouse and that he had only petitioned for immigration benefits for the one former spouse, when, in fact, Hicks had actually been married five times and submitted requests for immigration benefits for a number of his former spouses.
The charge of marriage fraud provides for 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 Denis C. Riordan, District Director, U.S. Citizenship and Immigration Services, District 1, made the announcement. Assistant U.S. Attorney David G. Tobin 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.