FEDERAL DISTRICT ARCHIVE
District of Massachusetts
Press releases recorded for this federal judicial district.
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.
Jamaican National Arrested for Aggravated Identity TheftRead the Press Release
BOSTON – A Jamaican national was arrested last night for misuse of a Social Security number and aggravated identity theft.
Basil Ledgister, 41, was indicted on one count of misuse of a Social Security number and one count of aggravated identity theft. He will appear in federal court in Boston before U.S. District Court Magistrate Judge Jennifer C. Boal today at 2:45 p.m.
According to the indictment unsealed today, in January 2015, Ledgister falsely represented that a Social Security number belonging to another person was his in an application for a license at the Registry of Motor Vehicles. The indictment further alleges that Ledgister committed aggravated identity theft by using the Social Security number of another person in committing the crime of false representation of a Social Security number.
False representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence, one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; 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; Scott Antolik, Special Agent in Charge of the Social Security Administration Office of Inspector General; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Rob Richardson 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.
MS-13 Member Sentenced to 13 Years in Prison for RICO Conspiracy Involving Attempted MurderRead the Press Release
BOSTON – An MS-13 member was sentenced today in federal court in Boston for RICO conspiracy involving attempted murder.
Daniel Menjivar, a/k/a “Roca,” a/k/a “Sitiko,” 22, a Salvadoran national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 13 years in prison and three years of supervised release. Menjivar will also be subject to deportation upon completion of his sentence. In September 2017, Menjivar pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
After a multi-year investigation, Menjivar was one of 61 defendants named in an indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. Menjivar was identified as a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique, which operated in Chelsea. As described in court documents, MS-13 is organized into cliques, which are smaller groups acting under the larger mantle of MS-13 and operating in a specific region, city, or part of a city.
On May 29, 2014, Menjivar and another member of the ECS clique repeatedly stabbed and shot an alleged rival gang member in Chelsea. A cooperating witness recorded Menjivar admitting to the attempted murder on video, proudly telling his fellow gang members how he stabbed the victim 21 times. The victim survived the attack following life-saving efforts by first responders as well as emergency surgery.
In April 2015, federal agents used a cooperating witness to make other recordings in which Menjivar and two other MS-13 members plotted to murder another MS-13 member who they incorrectly believed was cooperating with law enforcement. Menjivar also participated in at least one robbery in furtherance of MS-13 activities.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.
Accountant Charged with Conspiring to Defraud the IRSRead the Press Release
BOSTON – John H. Nardozzi, a certified public accountant, was charged in an indictment unsealed today with assisting former State Senator Brian Joyce with preparing and filing false income tax returns.
Nardozzi, 66, of Waltham, was indicted on one count of conspiring to defraud the IRS and eight counts of aiding and assisting in the filing of false tax returns. Nardozzi will appear this afternoon in federal court in Worcester.
The indictment alleges that Nardozzi, Joyce’s accountant, secretly conspired with Joyce and others to defraud the IRS for tax years 2011 to 2014 by:
- Fraudulently deducting millions of dollars of personal expenses for Joyce as legitimate business expenses of Joyce’s corporation, Brian A. Joyce, Attorney at Law, P.C., (“BAJPC”);
- Fraudulently inflating self-employment income for Joyce and his spouse, by more than $2 million in order to maximize retirement plan contributions and falsely reduce taxable personal income;
- Fraudulently reporting a rollover of more than $400,000 in retirement savings when, in fact, it was a taxable event subject to early withdrawal penalties;
- Fraudulently deducting a corporate dividend of approximately $56,000 as a “legal expense” attributable to Joyce in order to falsely reduce the taxable income of BAJPC; and
- Fraudulently omitting a dividend of approximately $100,000 from Joyce’s personal tax return in order to reduce Joyce’s taxable income.
In addition to the conspiracy charge, the indictment also alleges that Nardozzi aided and assisted Joyce in preparing and filing false corporate and personal income tax returns between 2011 and 2014.
The charge of conspiracy to defraud the United States provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of aiding and assisting in filing a false tax return provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of up to $100,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; 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. Attorneys William F. Bloomer and Dustin Chao of Lelling’s Public Corruption and Special Prosecutions Unit are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Stoughton Man Sentenced to Eight Years for Cocaine TraffickingRead the Press Release
BOSTON – A Stoughton man was sentenced today in federal court in Boston for his role in a cocaine distribution operation in the South Shore.
Angel Morales, 46, was sentenced by U.S. District Court Judge Denise J. Casper to eight years in prison and three years of supervised release. In September 2017, Morales pleaded guilty to one count of conspiracy to possess with intent to distribute and distribution of cocaine, one count of possession with intent to distribute cocaine, and one count of being a felon in possession of a firearm.
From late February 2016 until July 19, 2016, Morales conspired with co-defendant Roberto Fonseca-Rivera, 46, of Roslindale, and others to distribute cocaine in Canton, Stoughton, Randolph, Quincy, and Weymouth. Morales asked Fonseca-Rivera to receive packages containing cocaine that were being shipped from Puerto Rico to locations in Randolph and Canton, where Fonseca-Rivera had rented private mailboxes. Fonseca-Rivera received at least eight packages from Puerto Rico and delivered them to Morales, who paid Fonseca-Rivera for receiving the cocaine. Morales had a similar arrangement with another individual who also received packages of cocaine on behalf of Morales. Morales and Fonseca-Rivera then distributed the cocaine to other individuals.
On July 19, 2016, law enforcement agents executed a search warrant at Morales’ apartment in Stoughton. During the search, agents seized approximately $11,000 in cash, more than 100 grams of cocaine, a firearm with an obliterated serial number, and two magazines containing 15 rounds of ammunition each, a box containing an additional 10 rounds of ammunition, and various drug trafficking paraphernalia.
Fonseca-Rivera pleaded guilty on Sept. 11, 2017, and is scheduled to be sentenced on April 26, 2018.
United States Attorney Andrew E. Lelling; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent, Massachusetts State Police; and Stoughton Police Chief Donna McNamara made the announcement today. Assistant U.S. Attorneys James E. Arnold and Craig E. Estes of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Former Hadley Police Officer Indicted for Unreasonable ForceRead the Press Release
BOSTON – A former Hadley Police Officer was arrested today and charged in federal court in Springfield in connection with using unreasonable force during an arrest.
Christopher M. Roeder, 48, of Agawam, was charged in an indictment unsealed today with one count of deprivation of rights under color of law and one count of falsification of a document.
According to court documents, on April 3, 2017, Roeder struck a male arrestee in the face - breaking the arrestee’s nose, which the arrestee would need plastic surgery to repair - without legal justification, while the arrestee was seated on a bench in the Hadley Police Department booking area.
The indictment alleges that Roeder subsequently attempted to obstruct the investigation into the assault on the arrestee by falsifying his police report describing the events that led to the assault. Roeder wrote that the arrestee made an obscene comment toward Roeder and that when the arrestee was instructed to sit down, he sat down slowly, and then when Roeder attempted to handcuff the arrestee, the arrestee began to stand again. According to Roeder, he allegedly had no option but to deliver an elbow strike directly to the bridge of the arrestee’s nose in order to gain the arrestee’s compliance. Conversely, the indictment alleges that Roeder’s statements were false.
The charge of deprivation of civil rights under color of law resulting in injury provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of falsifying a police report provides for a sentence of no greater than 20 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; Acting Assistant Attorney General John M. Gore of the Justice Department’s Civil Rights Division; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office and Trial Attorney Timothy Visser of the Department of Justice’s Civil Rights Division are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Indicted for Possessing AM-15 Rifle and AmmunitionRead the Press Release
BOSTON - Akeem Castro, 25, of Holyoke, was charged in federal court in Springfield yesterday with one count of possession of a firearm by a convicted felon.
The indictment alleges that on March 7, 2017, Castro possessed an Anderson Manufacturing AM-15 rifle and 34 rounds of ammunition. Castro is prohibited from possessing a firearm due to a prior felony conviction.
The charge provides for sentence of no greater than 10 years in prison, a minimum of three years of supervised release, and a fine of between $20,000 and $200,000.
United States Attorney Andrew E. Lelling; 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; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement. Assistant U.S. Attorney Neil L. Desroches 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.
Taunton Man Sentenced to 17 Years for KidnappingRead the Press Release
BOSTON – A Taunton man was sentenced yesterday in federal court in Boston for the armed kidnapping of a Quincy man and two children.
Malik Bangura, 20, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 17 years in prison and two years of supervised release. In September 2017, Bangura pleaded guilty to kidnapping after being arrested and charged in April 2017. Diego Pires, 23, of Brockton; 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 their 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 the truck.
Diaz, Bangura, Pires 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. Pires remained a fugitive until he was apprehended in October 2017. He also pleaded not guilty.
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 document are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Massachusetts Insurance Broker Sentenced to Prison for Filing False Tax ReturnsRead the Press Release
A Dover, Massachusetts, insurance broker was sentenced today to eight months in prison for filing false tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Andrew E. Lelling for the District of Massachusetts.
According to the evidence presented at trial, Anthony J. May, 62, owned and operated Clients First Financial Insurance Agency LLC, through which May sold life insurance products as an insurance broker, and Advantage Life Settlements LLC, through which he served as a broker for insured individuals seeking to sell their personal life insurance policies to third party investors. May operated his businesses out of an office suite in Hingham, where he also leased office space to other independent insurance agents. May filed false 2006 through 2009 individual income tax returns that did not report more than $738,000 in income that he received from insurance commissions, brokerage fees, and office rental payments.
In addition to the term of imprisonment, U.S. District Court Judge William G. Young ordered May to serve one year of supervised release. May was previously convicted following a jury trial in May 2017 of filing false 2008 and 2009 tax returns.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Lelling praised special agents of the Internal Revenue Service Criminal Investigation, who conducted the investigation, and Trial Attorney Eric Powers of the Tax Division and Assistant U.S. Attorney Victor A. Wild, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Lynnfield Woman Charged with Filing False Tax ReturnsRead the Press Release
BOSTON – A Lynnfield woman was arrested today and charged with filing false tax returns, in which she claimed more than a $370,000 mortgage interest deduction, even though she had defaulted on the loan and the property had gone into foreclosure.
Karyn M. Ingram, 50, was charged in an indictment with three counts of filing false tax returns for tax years 2011, 2012 and 2013. Ingram had an initial appearance today in federal court in Boston.
According to the indictment, Ingram filed tax returns in which she reported false and inflated Schedule A deductions and in one year, a Schedule C business loss, in order to reduce her overall tax liability. For example, for tax years 2010 and 2011, Ingram filed returns claiming mortgage interest deductions of $45,072 and $371,427, but she had not made any mortgage payments since 2008, the loan had defaulted, and the property had gone into foreclosure. She also claimed real estate tax deductions in those same tax years, when, in reality, the real estate taxes had been paid by the mortgage lender and not by Ingram. The indictment alleges that by falsifying the deductions and losses, Ingram fraudulently reduced her tax liability by more than $126,000.
The charge of filing false tax returns provides for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Economic 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.
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national was sentenced today in federal court in Boston to a federal immigration charge.
Selvin Danilo Herrera-Arana, 33, was sentenced by U.S. District Court Judge Leo T. Sorokin to 18 months in prison, three years of supervised release and will be subject to deportation proceedings upon completion of his sentence. In October 2017, Herrera-Arana pleaded guilty to one count of unlawful reentry of a deported alien.
In July 2017, Herrera-Arana was arrested in Lynn and determined to be illegally present in the United States, having previously been deported on three different occasions: April 7, 2009, following a conviction for resisting arrest; Sept. 4, 2012, following a conviction for resisting arrest; and Sept. 9, 2014, following a conviction for illegal reentry.
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 Weinreb’s Major Crimes Unit prosecuted the case.
Florida Man Sentenced for Cocaine DistributionRead the Press Release
BOSTON – A Tampa, Fla., man was sentenced today in federal court in Springfield for distributing cocaine.
Angel Martinez, 40, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 20 months in prison and three years of supervised release. In September 2017, Martinez pleaded guilty to distributing cocaine in Springfield on May 19, 2015. Martinez’s conviction was part of an 11-month investigation into cocaine, heroin, and firearms trafficking in the Springfield area by members of the Latin Kings street gang. The investigation resulted in the arrest of 16 individuals in 2015 for federal drug and firearms offenses.
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 Massachusetts State Police and the Springfield and Holyoke Police Departments provided assistance with the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Branch Office prosecuted the case.
Dover Insurance Broker Sentenced for Tax FraudRead the Press Release
BOSTON – A Dover, Mass. insurance broker was sentenced today in federal court in Boston in connection with filing fraudulent personal tax returns.
Anthony J. May, 62, was sentenced by U.S. District Court Judge William G. Young to eight months in prison and one year of supervised release. In April 2017, May was convicted by a federal jury of two counts of filing false tax returns for 2008 and 2009.
May owned and operated Clients First Financial Insurance Agency, LLC, through which he sold life insurance products as a broker, and Advantage Life Settlements, LLC, through which he which he served as a broker for insured individuals looking to sell their personal life insurance policies to third party investors. May operated his businesses out of an office suite in Hingham where he also leased space to other independent insurance agents. May filed false 2006 through 2009 individual income tax returns that did not report $735,000 in income that he received from insurance commissions, broker fees and lease rental payments.
United States Attorney Andrew E. Lelling; Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division; 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 Victor A. Wild of Lelling’s Economic Crimes Unit and Trial Attorney Eric Powers of the Justice Department’s Tax Division prosecuted the case.
Member of Taunton Drug Conspiracy Sentenced for Distributing Heroin and FentanylRead the Press Release
BOSTON – A former resident of Providence, R.I., was sentenced yesterday in federal court in Boston for his role in a heroin and fentanyl trafficking organization that operated in Taunton and Boston.
Jose Arias, 22, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years of probation. In October 2017, Arias pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Arias 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. Fernando Hernandez ran a heroin and fentanyl trafficking organization in Taunton, assisted by Arias, his son. The organization sold heroin and fentanyl to customers who re-distributed the drugs. It is alleged that Hernandez obtained drugs from a network of suppliers that included Jose Antonio Lugo-Guerrero, 32, a Dominican national who remains a fugitive, who operated a drug trafficking organization in Fall River and Boston.
Hernandez pleaded guilty in November; his sentencing is scheduled for Feb. 7, 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 Daniel S. Racine; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Chinese National Pleads Guilty to Fraud ChargesRead the Press Release
BOSTON – A Chinese national pleaded guilty yesterday in federal court in Boston to misuse of a passport and visa fraud.
Yinyan Wang, 25, a Chinese national studying in Pennsylvania, pleaded guilty to one count of misuse of a passport and one count of passport fraud. U.S. District Court Judge Indira Talwani scheduled sentencing for April 25, 2018. In November 2017, Wang was arrested in Pennsylvania.
On Oct. 20, 2017, Wang took the Graduate Record Exam (GRE) in Boston for another Chinese citizen. At the testing site, Wang presented a counterfeit Chinese passport containing a counterfeit nonimmigrant visa purportedly issued by the United States in the identity of the other student. On five prior occasions between July 2017 and August 2017, Wang took either the GRE or the Test of English as a Foreign Language (TOEFL) exam under assumed names for other people.
Each charge provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Wang will be subject to deportation upon completion of her 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 William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State's Diplomatic Security Service made the announcement today. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.
Woman Pleads Guilty to Lying about Former Husband’s Whereabouts During Fugitive InvestigationRead the Press Release
BOSTON – The ex-wife of a man who was a fugitive for 20 years until his arrest in April 2017, has pleaded guilty to lying about the whereabouts of her former spouse.
Cecily Sturge, 70, of Delray Beach, Fla., pleaded guilty in federal court today to making a materially false statement to a federal agent about the whereabouts of her ex-husband, Scott J. Wolas, who was a fugitive for 20 years in connection with a New York investment scheme until his arrest in April 2017. Wolas, who is also charged in federal court in Boston with operating a fraudulent $1.7 million real estate investment scheme in Quincy, remains in custody while his case is pending.
U.S. District Court Chief Judge Patti B. Saris scheduled Sturge’s sentencing for April 18, 2018.
According to court documents, a federal investigation into Wolas began in early September 2016 when Wolas fled Massachusetts after defrauding at least 19 investors of about $1.7 million in connection with his purported efforts to develop two Quincy properties, including the site of the former Beachcomber Bar. Sturge was interviewed by law enforcement on Nov. 17, 2016, at which time she stated that she had not been in contact with her ex-husband for approximately 15 years. Sturge continued to say that this was so, despite evidence of contact between her cell phone and one known to belong to Wolas that demonstrated more recent communication between the two.
After further investigation, Wolas was arrested on April 7, 2017, at a condominium he was renting in Delray Beach, Fla. Investigators learned that Wolas had first rented a room in the condo from Nov. 12 through Nov. 21, 2016, through an online rental website account in the name of Cecily Sturge. Messages exchanged between the condo owner and Sturge included a photo of Sturge and messages claiming that Wolas (using the name Cameron Sturge) was Sturge’s brother and a retired paleontologist in need of a place to stay. The owner of the condo told authorities that Sturge and Wolas arrived at the condo together in the same car on Nov. 12, 2016, five days before Sturge’s interview with law enforcement.
Sturge was divorced from Wolas in 2001 by default judgment in Palm Beach County, Fla. In February 2017, Sturge filed a petition to modify the judgment in order to obtain the contents of Wolas’ retirement account, which had a balance of approximately $647,000, from the New York law firm where he worked prior to being indicted in 1997 by New York authorities. In pleadings filed in February and March 2017 in that matter, Sturge swore that Wolas’s whereabouts were unknown to her, despite telephone records showing frequent contact between the two. Bank surveillance photos also showed the two of them together at a Florida bank where some of the pleadings were notarized. In addition, copies or drafts of documents filed in the Florida proceeding were found in the room and on a USB drive taken from the room where Wolas was arrested. The United States has obtained a court order freezing the retirement account until the resolution of the criminal proceedings.
The charging statute 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 US 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; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Quincy Police Chief Paul Keenan, made the announcement today. Assistant U.S. Attorney Sandra S. Bower of Lelling’s Criminal Division is prosecuting the case.
West Boylston Man Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
BOSTON – A West Boylston man pleaded guilty today in federal court in Worcester to his role in a methamphetamine conspiracy.
Brian Zukowski, 35, pleaded guilty to one count of conspiracy to distribute methamphetamine and to possess methamphetamine with intent to distribute. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for April 19, 2018. Zukowski was arrested and charged in June 2017.
Between July 2016 and June 2017, Zukowski acquired methamphetamine from various suppliers, including, allegedly, Adam Germano, of Worcester. Zukowski purchased methamphetamine for his own use and for resale to others, including individuals in Massachusetts and Florida, where Zukowski spent a significant amount of time. In September 2016, while in Florida, Zukowski arranged for multiple shipments of methamphetamine to Florida. Zukowski also allegedly received a portion of methamphetamine from Germano in exchange for making travel arrangements for Germano to go to Texas to retrieve a supply of methamphetamine.
Germano has pleaded not guilty and has a hearing scheduled for March 5, 2018.
Zukowski faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Shelly Binkowski, Special Agent in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging document are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Honduran National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Honduran national pleaded guilty and was sentenced yesterday in federal court in Boston for illegally reentering the United States after being deported.
Alan Fernando Dominguez Banegas, 24, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Douglas P. Woodlock sentenced Dominguez Banegas to time served and one year of supervised release. Dominguez Banegas was released to Immigration and Customs Enforcement while he awaits deportation to Honduras, where he is wanted on homicide/manslaughter charges.
On Sept. 22, 2017, law enforcement officers in Framingham encountered Dominguez Banegas and determined him to be illegally present in the United States. Dominguez Banegas was previously deported on May 30, 2014.
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 David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.
Guatemalan National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national pleaded guilty and was sentenced today in federal court in Boston for illegally reentering the United States after deportation.
Danny Fuentes-Monzon, 31, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Nathaniel M. Gorton sentenced Fuentes-Monzon to time served and one year of supervised release. Fuentes-Monzon will be subject to deportation.
On Aug. 18, 2017, Fuentes-Monzon was encountered by law enforcement in Lynn and determined to be illegally present in the United States. Fuentes-Monzon was previously deported on Aug. 19, 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 this case.
Guatemalan National Charged with Fentanyl ConspiracyRead the Press Release
BOSTON – A Guatemalan national was charged yesterday in federal court in Boston in connection with a conspiracy to distribute over five kilograms of fentanyl, worth approximately $1.25 million.
Rene Alejandro Salazar Reyes, 26, was charged by complaint with one count of conspiracy to possess with intent to distribute and to distribute fentanyl. Salazar was arrested on Saturday, Jan. 20, 2018, and will remain in custody pending a detention and probable cause hearing on Jan. 25, 2018, in federal court in Boston.
“Fentanyl is devastating communities across Massachusetts,” said United States Attorney Andrew E. Lelling. “Just a few milligrams of fentanyl can cause a fatal overdose. Saturday’s seizure of over five kilograms is an important step in our efforts to keep this deadly drug off our streets. This investigation is a testament to our commitment to work with our law enforcement partners to aggressively pursue individuals who seek to distribute deadly narcotics, without any regard for human life, throughout our neighborhoods and communities.”
“Opioid abuse is at epidemic levels in Massachusetts and across the Northeast,” said DEA Special Agent in Charge Michael J. Ferguson. “Fentanyl is causing deaths in record numbers and DEA remains committed to aggressively pursuing Drug Trafficking Organizations or individuals who distribute this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength of collaborative law enforcement efforts in Massachusetts and our strong partnership with the U.S. Attorney’s Office.”
According to court documents, in November 2017, a cooperating witness informed a federal law enforcement officer that a Guatemalan man was selling heroin and/or fentanyl in the Boston area. After a series of recorded cell phone texts and calls, the Guatemalan man agreed to sell the cooperating witness five kilograms of fentanyl, which he would arrange to be delivered to the cooperating witness in Massachusetts. The cooperating witness agreed to make a partial payment of $70,000 for the drugs. The estimated street value of one kilogram of fentanyl is $250,000; one gram sells for approximately $40-$50.
It is alleged that on Jan. 19, 2018, the Guatemalan man placed a call, which was also recorded, to the cooperating witness informing him that a courier would deliver the fentanyl to him in Massachusetts the next day. Soon after, the cooperating witness received a call from the Guatemalan man’s courier, who law enforcement agents determined to be Salazar, the target of a previous criminal investigation in Maryland.
On Jan. 20, 2018, the cooperating witness called Salazar and asked him where he was and then drove to meet Salazar so that Salazar could then follow the cooperating witness to a location to conduct the transaction. While Salazar was on the phone with the cooperating witness, surveillance officers saw Salazar standing outside his vehicle. Once Salazar got into his car to follow the cooperating witness, agents followed Salazar and directed law enforcement officers to conduct a traffic stop.
According to court documents, when the officer stopped Salazar for failing to stop at a stop sign, Salazar appeared visibly nervous. The officer asked Salazar if he had any drugs or weapons in the car, to which Salazar replied that he did not. The officer then asked if he could search the car, to which Salazar replied, “Yes, go ahead.” According to the complaint affidavit, the officer found a large plastic shopping bag on the rear passenger floorboard that contained 23 individually heat sealed clear plastic bags containing approximately 5.2 kilograms of a white powdery substance. Salazar was then placed under arrest.
Salazar faces a sentence of no greater than 20 years in prison, three years and up to a lifetime of supervised release, a fine of $1 million, 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.
U.S. Attorney Lelling and DEA SAC Ferguson made the announcement. Assistance was provided by Homeland Security Investigations in Maryland and the Massachusetts State Police. Assistant U.S. Attorney Leah Foley of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Ghanaian National Convicted by Federal Jury of Unlawful Attempted Procurement of CitizenshipRead the Press Release
BOSTON - A Ghanaian national was convicted by a federal jury in Boston yesterday in connection with entering into a false marriage in order to obtain citizenship.
Samer El-Sayed, 33, was convicted by a federal jury of one count of willfully and knowingly making false statements; one count of making false statements under oath relative to naturalization, citizenship or alien registry; and one count of unlawful attempted procurement of citizenship or naturalization. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for April 17, 2018.
In June 2008, El-Sayed entered the United States on a non-immigrant visa. In February 2009, El-Sayed entered into a sham marriage with an 18-year-old United States citizen to whom he paid several thousand dollars. Thereafter, El-Sayed began filing various petitions and applications with the U.S. Citizenship and Immigration Services (USCIS) in order to obtain immigration benefits, and in March 2010, El-Sayed was granted conditional permanent resident status. In 2012, El-Sayed submitted false statements on a petition filed with USCIS and subsequently provided false statements under oath to USCIS during an interview that occurred in January 2014. Then, in May 2014, El-Sayed submitted an application for United States citizenship to USCIS and provided false information and statements in that application.
The charges of making false statements and making false statements under oath for naturalization each provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of unlawful attempted procurement of citizenship or naturalization provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. El-Sayed 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; 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 Suzanne Jacobus Sullivan of Lelling’s Major Crimes Unit is prosecuting the case.
Former Registry of Motor Vehicles Clerk Sentenced for Role in Identity Theft SchemeRead the Press Release
BOSTON – A former Massachusetts Registry of Motor Vehicles (RMV) clerk was sentenced today in federal court in Boston for her role in a scheme to produce false identification documents.
Annette Gracia, 37, of Boston, was sentenced to one year and one day in prison and two years of supervised release. In October 2017, Gracia and co-conspirators Evelyn Medina, 56, of Boston; Kimberly Jordan, 33, of Randolph; David Brimage, 46, of Boston; 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. 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 be subject to deportation proceedings upon completion of any sentence imposed.
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.
On Jan. 17, 2018, Medina was sentenced to 15 months in prison and two years of supervised release.
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.
Springfield Man Sentenced for Federal Firearm and Drug OffensesRead the Press Release
BOSTON – A Springfield man was sentenced today in federal court in Springfield for firearm and drug offenses.
Robert Crichlow, 40, was sentenced by U.S. District Court Judge Mark G. Mastroianni to seven years in prison and five years of supervised release. In September 2017, Crichlow pleaded guilty to one count of being a convicted felon in possession of a firearm and ammunition and one count of possession with intent to distribute crack cocaine.
On June 4, 2015, Crichlow possessed a Taurus Model PT 145 .45 caliber pistol and seven rounds of .45 caliber ammunition. He also possessed crack cocaine packaged for street-level sale.
According to court documents, Crichlow has a long criminal history, including convictions for armed robbery, kidnapping, assault and battery, and drug possession.
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.
Randolph Man Sentenced for Drug TraffickingRead the Press Release
BOSTON – A Randolph man who supplied narcotics to members of the Boston street gang Columbia Point Dawgs (CPD) was sentenced yesterday in federal court in Boston for drug trafficking.
Michael Coke, a/k/a “Dirty Mike,” of Randolph, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 30 months in prison and four years of supervised release. In June 2017, Coke pleaded guilty to conspiracy to distribute cocaine base and cocaine.
The defendant and 53 other members and associates of CPD were arrested and indicted in June 2015 on racketeering, drug trafficking, and firearms charges.
Michael Coke and his brother, David Coke, were long-time associates of CPD and ran a violent robbery and drug trafficking crew out of David Coke’s auto-body shop in Stoughton and Michael Coke’s storage facility in Randolph. The Coke brothers were supplied with heroin and cocaine by co-defendant Francisco Arias and were supplied kilograms of cocaine by co-defendant Larry Bailey, who used his two Boston businesses – Finest Cuts barbershop on Blue Hill Avenue and Bailey’s Laundromat on Harrison Avenue – to sell cocaine and cocaine base.
In January 2018, David Coke was sentenced to five years in prison and Francisco Arias was sentenced to 175 months in prison. Larry Bailey is scheduled to be sentenced in February 2018.
According to court documents, CPD, also known on the street as “the Point,” was Boston’s largest and most influential citywide gang. The criminal organization started in the 1980s in the former Columbia Point Housing Development (now Harbor Point), and, over the years, gang members established drug trafficking crews throughout Boston. It is alleged that CPD was responsible for the distribution of multiple kilogram quantities of heroin, cocaine, crack cocaine, and oxycodone throughout Boston and Maine.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; Suffolk County District Attorney Daniel F. Conley; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Suffolk County Sheriff Steven W. Tompkins; Boston Police Commissioner William Evans; and Commissioner Thomas Turco of the Massachusetts Department of Correction, made the announcement.
Former Fitchburg Postal Employee Pleads Guilty to Obstruction of MailsRead the Press Release
BOSTON – A former Fitchburg postal employee pleaded guilty today in federal court in Worcester to obstruction of mails.
Stephen Lehto, 37, pleaded guilty to a misdemeanor count of obstruction of mails. U.S. District Court Magistrate Judge David H. Hennessy scheduled sentencing for April 13, 2018.
While working as a postal carrier for the United States Postal Service (USPS) at the Fitchburg Post Office between June 2016 and January 2017, Lehto began taking mail home instead of delivering it along his route. Law enforcement agents received a tip and interviewed Lehto at his home. Lehto admitted to taking mail home and provided consent to the agents to search his vehicle for mail. The agents located and recovered a total of 758 pieces of mail from Lehto’s vehicle, 341 pieces of which were first class pieces of mail.
The charge of obstruction provides for a sentence of no greater than six months in prison, one year of supervised release and a fine of $5,000. The sentence imposed will be determined by a federal magistrate judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Eileen Neff, Special Agent in Charge of the Northeast Area Field Office, United States Postal Service Office of Inspector, made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Worcester Branch Office is prosecuting the case.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Springfield to unlawful reentry of a deported alien.
Francisco Siri, a/k/a Javier Ciravello Perez, 48, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for April 5, 2018.
In 1983, Siri was admitted to the United States as an immigrant or lawful permanent resident. Siri lost that status in 1989 after being convicted in Essex County Superior Court of trafficking cocaine. On Nov. 9, 1992, Siri was deported to the Dominican Republic. In October 2017, law enforcement officers in Springfield encountered Siri at Hampden County Jail and determined him to be unlawfully present in the United States. Siri is currently facing state charges for distributing and trafficking cocaine.
Siri faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.
Revere Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Revere man pleaded guilty today in federal court in Boston to failure to register as a sex offender.
Steven Veno, 55, pleaded guilty to one count of failing to register as a sex offender. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for April 24, 2018.
Veno is required to register as a Level 2 sex offender in Massachusetts based on Massachusetts state court convictions for rape of a child in 1993. The federal Sex Offender Registration and Notification Act requires Veno to register in any jurisdiction where he lives or works.
Law enforcement officers learned that over the past several years Veno had been traveling from Massachusetts to Florida, where he lived and worked for periods of time over several years, without registering as a sex offender in that community. Veno has been in custody since his arrest in September 2017.
Failing to register as a sex offender provides for a sentence of no greater than 10 years in prison, a minimum of five years and up to lifetime supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case 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 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/.
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.
Evelyn Medina, 56, of Boston, was sentenced to 15 months in prison and two years of supervised release. In October 2017, Media and co-conspirators Annette Gracia, 37, of Boston; Kimberly Jordan, 33, of Randolph; David Brimage, 46, of Boston; 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. 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 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.
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.
Real Estate Broker Pleads Guilty to Role in Sweeping Mortgage Fraud ConspiracyRead the Press Release
BOSTON – A Methuen real estate broker pleaded guilty yesterday in connection with a sweeping conspiracy to defraud banks and mortgage companies by engaging in sham “short” sales of residential properties in Merrimack Valley.
Greisy Jimenez, 50, pleaded guilty to two counts of bank fraud and one count of conspiracy to commit bank fraud. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for April 24, 2018. In March 2017, co-conspirators Jasmin Polanco, 37, a real estate closing attorney, and Vanessa Ricci, 40, a mortgage loan officer, each pleaded guilty to one count of conspiracy to commit bank fraud and are scheduled to be sentenced on March 23, 2018 and March 26, 2018, respectively. Also in March 2017, Hyacinth Bellerose, 51, a real estate closing attorney, was sentenced to time served and one year of supervised release to be served in home detention after pleading guilty to conspiracy to commit bank fraud.
The charges arose out of a scheme to defraud various banks via bogus short sales of homes in Haverhill, Lawrence and Methuen in which the purported sellers remained in their homes, with their debt substantially reduced. A short sale is a sale of real estate for less than the value of any existing mortgage debt on the property. Short sales are an alternative to foreclosure that typically occur only with the consent of the mortgage lender. Generally, the lender absorbs a loss on the loan and releases the borrower from the unpaid balance. By their very nature, short sales are intended to be arms-length transactions in which the buyers and sellers are unrelated, and in which the sellers cede their control of the subject properties in exchange for the short-selling bank’s agreement to release them from their unpaid debt.
The conspiracy began in approximately August 2007 and continued through June 2010, a period that included the height of the financial crisis and its aftermath. Home values in Massachusetts and across the nation declined precipitously, and many homeowners found themselves suddenly “underwater” with homes worth less than the mortgage debt they owed. As part of the scheme, Jimenez, Polanco, Ricci, Bellerose and others submitted materially false and misleading documents to numerous banks in an effort to induce them to permit the short-sales, thereby releasing the purported sellers from their unpaid mortgage debts, while simultaneously inducing the purported buyers’ banks to provide financing for the deals. In fact, the purported sellers simply stayed in their homes, with their debt substantially reduced.
The conspirators falsely led banks to believe that the sales were arms-length transactions between unrelated parties; in fact, the buyers and sellers were frequently related, and the sellers retained control of (and frequently continued to live in) the properties after the sale. The conspirators also submitted phony earnings statements in support of loan applications that were submitted to banks in order to obtain new financing for the purported sales. In addition, the defendants submitted phony “HUD-1 Settlement Statements” to banks that did not accurately reflect the disbursement of funds in the transactions. (HUD-1 Settlement Statements are standard forms that are used to document the flow of funds in real estate transactions. They are required for all transactions involving federally related mortgage loans, including all mortgages insured by the Federal Housing Administration.)
The charge of bank fraud and conspiracy to commit bank fraud provides for a sentence of no greater than 30 years in prison 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; Christina Scaringi, Special Agent in Charge of the Department of Housing and Urban Development, Office of Inspector General, New York Field Office; and Christy Goldsmith Romero, Special Inspector General of the Troubled Asset Relief Program, made the announcement. Assistant U.S. Attorney Stephen E. Frank, Chief of Lelling’s Economic Crimes Unit, and Assistant U.S. Attorneys Sara Miron Bloom and Victor A. Wild, also of the Economic Crimes Unit are prosecuting the cases.
Purported Psychic Sentenced for Evading TaxesRead the Press Release
BOSTON – A south Florida woman, who purported to be a psychic, was sentenced today in federal court in Boston for impeding the Internal Revenue Service by hiding more than $3.5 million of income that she was paid by an elderly Martha’s Vineyard woman.
Sally Ann Johnson, a/k/a Angela Johnson, a/k/a Angelia Johnson, a/k/a Sally Reed, 41, was sentenced by U.S. District Court Judge Denise J. Casper to 26 months in prison and was ordered to repay $3,567,300 to the victim and to pay restitution in the amount of $725,912 to the IRS. In October 2017, Johnson pleaded guilty to attempting to interfere with the administration of the Internal Revenue laws.
Johnson owned and operated various businesses, including Flatiron Psychic, Psychic Match, Inc., and Psychic Spiritual Salon, Inc., all of which purported to offer “psychic readings,” “spiritual cleansing & strengthening,” and “meditation & healing.” From 2007 to 2014, Johnson was paid over $3.5 million by an elderly woman living on Martha’s Vineyard to purportedly perform spiritual cleansing and healing services to rid the woman of demons through repeated exorcisms. Rather than reporting her income to the IRS and paying taxes on it, Johnson took steps to conceal it. Specifically, Johnson used an alias and directed the woman to send payments to at least three different bank accounts with which Johnson was associated, including an account in another person’s name. Johnson then withdrew large portions of the woman’s payments from the accounts in cash. In addition, Johnson accrued substantial charges on a credit card held in the name of the elderly woman, who ultimately paid the credit card bills, thereby concealing from the IRS the true extent of Johnson’s income. Neither Johnson nor any of the businesses she operated filed a tax return or paid taxes on the income she received from the woman.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The Chilmark Police Department provided assistance with the investigation. Assistant U.S. Attorneys Sandra S. Bower and Brian A. Pérez-Daple of Lelling’s Criminal Division are prosecuting the case.
Investigation Leads to Arrest of Three Men for Cocaine TraffickingRead the Press Release
BOSTON – Three Worcester men were arrested and charged yesterday evening following a joint federal and state investigation targeting narcotics trafficking in central Massachusetts.
Deibby Garcia, 36, his brother, Japhet Garcia, 33, and Erick Cruz, 28, all of Worcester, were charged with conspiring to distribute and possess with the intent to distribute in excess of 500 grams of cocaine, possession with the intent to distribute in excess of 500 grams of cocaine, and use of a telecommunications facility (cellphones) in furtherance of narcotics trafficking. The defendants will appear in federal court in Worcester for a detention hearing on Friday, Jan.19, 2018.
According to court documents, in early December 2017, Japhet Garcia and another individual, entered a Worcester Postal Facility and attempted to retrieve a package shipped from Puerto Rico that had been found to contain approximately three kilograms of cocaine.
Subsequent to those events, a court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2017. The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to have the packages picked up once they had arrived in Massachusetts.
As alleged in court documents, during the course of communications between Jan. 9, 2018, and Jan. 13, 2018, Cruz texted Deibby Garcia two addresses, both of which were on Cruz’s assigned route as a letter carrier. Deibby Garcia, in turn, forwarded the addresses to what authorities believed to be his cocaine source in Puerto Rico. On Jan. 12, 2018, two packages were sent from Puerto Rico to the addresses provided by Cruz and Deibby Garcia. On Monday, Jan. 15, 2018, one package was searched pursuant to a federal search warrant and was found to contain three kilograms of cocaine. The following day, federal agents permitted the second package to be provided to Cruz for delivery.
Agents thereafter intercepted discussions between Cruz and Deibby Garcia in which they discussed arrangements for Deibby Garcia to have the second package picked up, and discussed what had happened to the package that had been seized and searched. Soon after, the men were arrested and the second package was recovered.
The charge of conspiring to distribute in excess of 500 grams of cocaine provides for a mandatory minimum sentence of five years in prison, a maximum sentence of 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 use of a telecommunications device in furtherance of a violent felony 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; and Worcester Police Chief Steven M. Sargent; made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the court documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Boston Police Sergeant Detective Sentenced for Making False Statements and Unlawfully Entering Secure Airport AreaRead the Press Release
BOSTON – A former Boston Police Sergeant Detective was sentenced today in federal court in Boston for repeatedly making false statements so that he could fly armed on personal trips and enable a friend to fly with him without being screened by security personnel at Boston’s Logan International Airport.
Bruce E. Smith, 53, of Randolph, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year of probation and ordered to pay a fine of $7,500. In September 2017, Smith agreed to plead guilty to three counts of making false statements to the Transportation Security Administration (TSA) and the Department of Homeland Security and one count of unlawfully entering a secure airport area with intent to evade security requirements. Smith also agreed to resign from the Boston Police Department.
Beginning in 1989, Smith was employed by the Boston Police Department and most recently served as a Sergeant Detective assigned to District E-13, Jamaica Plain, as a district detective supervisor. Between May 2011 and April 2017, Smith flew armed on approximately 28 separate trips departing from Logan Airport even though he was not on official business, which is a violation of federal law. On each of those trips, he falsely claimed that he had obtained supervisor approval for his travel. On at least two of the trips, Smith also escorted or attempted to escort a friend through Logan Airport without security screening. Smith falsely claimed that his friend was a “dignitary” under Smith’s official police escort. When questioned by TSA security personnel as to what type of dignitary his friend was, Smith falsely replied, “I am not at liberty to divulge that information.” In fact, Smith’s friend, who has a criminal record, is not a dignitary, but a mobile clinic operator.
United States Attorney Andrew E. Lelling; Boston Police Commissioner William Evans; and Mark Tasky, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General, Washington Field Office, made the announcement today. The investigation was conducted jointly by BPD’s Anti-Corruption Division and DHS-OIG. Assistant U.S. Attorney Zachary R. Hafer of Lelling’s Public Corruption and Special Prosecutions Unit prosecuted the case.
Dominican National Sentenced on Heroin and Cocaine ChargesRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for his role in a heroin distribution conspiracy operating in and around Waltham.
Richard R. Fernandez, 23, a Dominican national residing in Lawrence, was sentenced by U.S. District Court Judge Dennis Saylor IV to time served and one year of supervised release. In September 2018, Fernandez pleaded guilty to eight counts of distribution and possession with intent to distribute heroin and cocaine. In March 2017, Fernandez was arrested along with three others, Jose C. Torres, Angel G. Rivera Serrano, and Luis Humberto Arias Lara.
Fernandez and his co-defendants distributed heroin in and around Waltham over the course of several months. Each of the defendants sold drugs to an undercover investigator. On March 30, 2016, law enforcement executed federal search warrants at two residences and two alleged stash houses where they seized approximately $200,000 in cash and approximately 1.5 kilograms of narcotics.
In August 2017, Arias Lara was sentenced to five months in prison. In September 2017, Rivera Serrano was sentenced to 10 months in prison. Torres pleaded guilty and is awaiting sentencing.
United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement today. Assistance was provided by members of the Suburban Middlesex County Drug Task Force, which is comprised of the Waltham, Watertown, Newton, Arlington, Belmont, Weston and Lexington Police Departments. Assistant U.S. Attorney Miranda Hooker of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Springfield Man Sentenced to 10 Years in Prison for Possession of Child PornographyRead the Press Release
BOSTON – A Springfield man was sentenced today to 10 years in prison for possession of child pornography. The defendant faced a mandatory minimum sentence due to a prior state conviction for statutory rape.
Alex Germaine, 30, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 10 years in prison and 10 years of supervised release. In September 2017, Germaine pleaded guilty to one count of possession of child pornography.
After Germaine accessed a Russian child pornography website, law enforcement executed a search warrant on July 29, 2016, and seized Germaine’s cell phone, which revealed multiple images of child pornography, including one involving a sex act perpetrated by an adult male against a prepubescent female. A subsequent search warrant was executed on Nov. 10, 2016, at Germaine’s residence in Springfield, where law enforcement seized computer discs containing child pornography.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office 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 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/.
MS-13 Member Sentenced to Six Years in Federal Prison for RICO ConspiracyRead the Press Release
BOSTON – A leader of MS-13’s Hollywood Loco Salvatrucha (HLS) clique was sentenced today in federal court in Boston for racketeering conspiracy.
Henry Santos Gomez, a/k/a “Renegado,” 32, a Salvadoran national who previously resided in Revere, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to six years in prison and three years of supervised release. Santos Gomez will be subject to deportation upon completion of his sentence. In October 2017, Santos Gomez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
After a multi-year investigation, Santos Gomez was one of 61 individuals named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13. The investigation revealed that Santos Gomez was a leader and “homeboy,” or full member, of the HLS clique. A search warrant executed at Santos Gomez’s residence resulted in the seizure of MS-13 paraphernalia and weapons.
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.
Dorchester Man Sentenced for Role in $4 Million Bank Fraud ConspiracyRead the Press Release
BOSTON – A Dorchester man was sentenced today in federal court in Boston in connection with a $4 million bank fraud scheme.
Charles Washington, 44, was sentenced by U.S. District Court Senior Judge Mark L. Wolf to 126 months in prison, five years of supervised release, and ordered to pay restitution of $1,836,819 and a fine of $30,000. In August 2017, Washington pleaded guilty to one count of bank fraud conspiracy and four counts of bank fraud for his role in coordinating unauthorized withdrawals from federally insured banks.
Washington obtained bank account information, personally identifiable information, and sample signatures from bank customers with high balances. He then recruited runners to impersonate the account holders in order to make unauthorized withdrawals by obtaining and distributing fake driver’s licenses to the runners that bore the runners’ photographs with the account holders’ personal information. Washington instructed the runners on how to forge the victims’ signatures. To avoid detection, runners withdrew money from victims’ accounts at several different bank branches.
Washington and others also recruited runners to open bank accounts (known as drop accounts) in the name of non-existent businesses (known as shell business). The shell businesses were registered and named as if they were title companies, property management companies, contracting businesses, and other businesses for which incoming large-dollar wire transfers would not be unusual. Washington provided the shell businesses’ information to co-conspirators who made unauthorized wire transfers in the hundreds of thousands of dollars into the drop accounts. Once the drop accounts were funded with unauthorized wire transfers, Washington and the co-conspirators accompanied runners to bank branches to withdraw the money -- in cash, by check, or by wire transfers to other drop accounts -- before the victims of the unauthorized wire transfers realized that their accounts had been compromised.
Washington and the co-conspirators gained unauthorized access to approximately $4 million - either in bank accounts that they took over, or in proceeds unlawfully wired to drop accounts for withdrawal - and successfully withdrew approximately $2 million.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Boston Police Commissioner William Evans made the announcement today. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Cybercrime Unit prosecuted the case.
Dominican National Sentenced to 12 Years in Prison for Distributing Fentanyl and over One Kilo of HeroinRead the Press Release
BOSTON – A Dominican national, who led a large-scale heroin and fentanyl trafficking organization in southeastern Massachusetts, was sentenced today in federal court in Boston.
Dedwin Cruz-Rivera, 41, a Dominican national residing in Fall River, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to 12 years in prison and five years of supervised release. Cruz-Rivera will be subject to deportation upon completion of his sentence. In July 2017, Cruz-Rivera pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute one kilogram or more of heroin and 40 grams or more of fentanyl.
In October 2015, Cruz-Rivera was arrested and charged, along with 24 others, for leading a heroin and fentanyl trafficking organization in southeastern Massachusetts. Cruz-Rivera obtained large quantities of heroin and fentanyl from local drug suppliers, including his brother Manuel Romero-Gonsalez, and Eric Matos, who distributed in and around Fall River and Providence, R.I. Cruz-Rivera used co-defendant Cristian Sostre as a courier and stash house operator in order to decrease the likelihood that he would be detected by law enforcement. During the course of their investigation, federal agents seized 295 grams of fentanyl that were en route to Cruz-Rivera.
An April 2016 superseding indictment brought the total number of defendants charged in the case to 26. All of the 26 defendants charged in the case have pleaded guilty, and 23 have been sentenced, including Romero-Gonsalez and Matos, who are serving 66 months and 121 months in federal prison, respectively.
United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division, made the announcement today. Assistant U.S. Attorneys Thomas E. Kanwit, Karen Beausey, Katherine Ferguson and Ann Taylor of Lelling’s Narcotics and Money Laundering Unit are prosecuting the cases.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was sentenced today in federal court in Boston for an immigration crime.
Manolo Sosa-Nieves, 45, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to one year and one day in prison and three years of supervised release. Sosa-Nieves will face deportation proceedings upon completion of his sentence. In August 2017, Sosa-Nieves pleaded guilty to one count of illegal reentry after deportation.
On April 14, 2017, Sosa-Nieves was arrested in Lawrence on unrelated state charges and determined to be unlawfully present in the United States; he had previously been deported on Aug. 21, 2002.
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 Nicholas Soivilien of Lelling's Major Crimes Unit prosecuted the case.
Boston Gang Member Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – An individual identified as a member of the Orchard Park Trailblazers Gang pleaded guilty today in federal court in Boston to selling crack cocaine in and around Roxbury’s Orchard Gardens Housing Development.
Tyree Draughn, a/k/a “TY,” 25, of Boston, pleaded guilty to one count of distribution of cocaine base within 1,000 feet of a school. U.S. District Court Senior Judge Douglas P. Woodlock scheduled sentencing for April 27, 2018.
On May 10, 2017, Draughn sold cocaine base to a cooperating witness near a school in Roxbury. Draughn is the 11th of 12 defendants charged in June 2017 to plead guilty. The arrests followed a nearly two-year investigation into the high concentration of crime in and around the Orchard Gardens Development, the largest publically funded housing development in Roxbury, which is also adjacent to area schools and Dudley Square. According to court documents, the crime stems, in part, from the illegal activities of the members and associates of the Orchard Park Trailblazers, who allegedly have active feuds with rival gangs throughout the city, which has produced numerous crimes of violence.
The charge of distribution of a controlled substance within 1,000 feet of a school provides for a mandatory minimum sentence of one year and no greater than 40 years in prison, a minimum of six years and up to a lifetime of supervised release and a fine of up to $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today.
Two Massachusetts Men Indicted by Federal Grand Jury for Manufacturing MarijuanaRead the Press Release
BOSTON – Two central Massachusetts men were charged in separate indictments yesterday in federal court in Worcester in connection with marijuana grow operations. The defendants allegedly cultivated marijuana after federal search warrants were executed.
Peter Molle Jr., 35, of Holland, was charged with two counts of manufacturing marijuana and possessing marijuana with intent to distribute and one count of money laundering. Eric Vallee, 38, of Sutton, was charged with two counts of manufacturing marijuana and possessing marijuana with intent to distribute. Molle and Vallee were arrested in December 2017 after being charged by criminal complaint.
Vallee and Molle were featured in a magazine article that noted that Vallee harvested 10 pounds of marijuana based on a cultivation timetable that would result in his harvesting hundreds of pounds of marijuana per year. According to court documents, Vallee and Molle’s bank activity included large cash deposits, which is consistent with the proceeds of drug sales.
Search warrants were executed in February 2017 at Vallee’s home in Auburn; a home in Sutton where Vallee previously resided; and Molle’s residence in Holland where commercial-style marijuana grow operations were discovered. More than 100 marijuana plants were found at Vallee’s Auburn residence, more than 100 marijuana plants at Molle’s Holland residence, and more than 30 marijuana plants were found at the residence in Sutton.
Following the execution of the search warrants, Vallee and Molle allegedly continued to engage in substantial marijuana cultivation. On Dec. 12, 2017, additional search warrants were executed at Vallee’s house in Sutton and at Molle’s house in Holland. At both locations, significant commercial-style marijuana grow operations were found and marijuana packaged for sale was recovered at Vallee’s residence.
Each defendant faces a mandatory sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Office, made the announcement. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are each presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Springfield Couple and Three Vermont Residents Arrested for Heroin and Crack Cocaine ConspiracyRead the Press Release
BOSTON – A Springfield couple and three Vermont residents were arrested today and charged with federal drug offenses including conspiracy to distribute heroin and crack cocaine.
Nia Moore-Bush, a/k/a “Nia Dinzey,” 27; and Dinelson Dinzey, 34, both of Springfield, Mass.; Joshua Foster, 40; Tracy Parsons, 45; and Jamieson Gallas, 36, all of Barre, Vt., were each charged in an indictment unsealed today on one count of conspiracy to distribute and possess with intent to distribute heroin and crack cocaine.
According to court documents, beginning in at least October 2017, the five defendants conspired to distribute heroin and more than 28 grams of crack cocaine.
Moore-Bush, Foster, and Parsons face mandatory minimum sentences of five years and up to 40 years in prison, a minimum of four years of supervised release, and a fine of up to $5 million. Due to prior felony drug convictions, Dinzey and Gallas face mandatory minimum sentences of 10 years and up to life in prison, a minimum of eight years of supervised release, and a fine of up to $8 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Office made the announcement today. The case was investigated by the ATF’s Springfield Area Firearms Enforcement Task Force with assistance of the Internal Revenue Service’s Criminal Investigations in Boston, ATF’s Burlington Field Office, the Massachusetts State Police and the Vermont State Police. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Office is prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nahant Couple Indicted on Fraud ChargesRead the Press Release
BOSTON – A Nahant couple was charged in an indictment unsealed today in connection with the “short sale” of a house in Nahant.
Gary P. DeCicco, 59, and Pamela M. Avedisian, 54, were charged in an indictment with one count of conspiracy to commit wire fraud and one count of wire fraud. DeCicco was also charged with one count of conspiracy to commit bank fraud, one count of bank fraud, four counts of wire fraud and attempted wire fraud, and six counts of engaging in unlawful monetary transactions.
DeCicco has been in federal custody since he was charged in March 2017 with attempted extortion in connection with arranging and paying for a local business owner to be assaulted. DeCicco and Avedisian made an initial appearance today in federal court in Boston and will be arraigned on Tuesday, Jan. 16, 2018.
The indictment alleges that Avedisian owned a property in Nahant that was subject to a mortgage in excess of $1 million. In October 2015, DeCicco and Avedisian allegedly conspired to defraud the mortgage holder by proposing the sale of the property for significantly less than the outstanding mortgage, in what is commonly referred to as a “short sale.” By their very nature, short sales are intended to be arms-length transactions in which the buyers and sellers are unrelated and act independently, allowing sellers to cede their ownership of the property in exchange for the short-selling bank’s agreement to release them from their unpaid mortgage debt. In order to get approval for the sale, DeCicco and Avedisian concealed their long-term romantic and business relationships from the loan servicing company and falsely represented that Avedisian could no longer make payments towards the mortgage on the property. In fact, just two months before the “short sale” closed, Avedisian purportedly received $3.5 million from the sale of another asset to DeCicco.
The indictment also alleges that from November 2015 to September 2016, DeCicco and a co-conspirator falsified rent rolls and prepared fake leases, which they then provided to financial institutions in support of their applications for a $5.5 million loan secured by a commercial building in Peabody. The indictment further alleges that between September 2016 and January 2017, DeCicco committed unlawful monetary transactions with the proceeds of the bank fraud scheme, and between February and December 2016, DeCicco engaged in a scheme to defraud multiple insurance companies using fake invoices and other documents to support his claims.
The charges of wire fraud and conspiracy, as well as bank fraud and conspiracy, provides for a sentence of no greater than 30 years in prison, three years of supervised release and a fine of $250,000. The charges of wire fraud and attempted wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. The charge of engaging in unlawful monetary transactions provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; 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 Kristina E. Barclay of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.