District of Massachusetts

Aegerion Pharmaceuticals Inc., a Cambridge, Massachusetts-based subsidiary of Novelion Therapeutics Inc., has agreed to plead guilty to charges relating to its prescription drug, Juxtapid, the Justice Department announced today. 

As charged in a criminal information filed today, Aegerion introduced Juxtapid into interstate commerce that was misbranded because, among other things, Aegerion failed to comply with a Risk Evaluation and Mitigation Strategy (REMS).  The resolution also includes a deferred prosecution agreement relating to criminal liability under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  In addition, Aegerion has agreed to settle allegations that it caused false claims to be submitted to federal health care programs for Juxtapid.  Aegerion has agreed to pay more than $35 million to resolve criminal and civil liability arising from these matters.  Aegerion has also agreed to enter into a civil consent decree of permanent injunction aimed at preventing future violations of the Federal Food, Drug, and Cosmetic Act (FDCA).

“Today’s settlement shows that the government will continue to hold accountable drug companies that violate laws designed to protect the health and safety of patients,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “Aegerion has agreed to plead guilty to breaking the law.  The Justice Department will continue to ensure that taxpayers do not foot the bill when such conduct occurs.”

In a criminal information filed on Sept. 22 in the District of Massachusetts, the United States charged that, from December 2012 to December 2015, Aegerion introduced into interstate commerce Juxtapid, a drug that was misbranded under the FDCA.  During this time period, Juxtapid was approved by the U.S. Food and Drug Administration (FDA) to treat patients with homozygous familial hypercholesterolemia (HoFH), a rare disorder, inherited from both parents, that prevents the removal of LDL-C, often called the “bad” cholesterol, from the blood, causing abnormally high levels of circulating LDL-C.  The Juxtapid label carried a black box warning that Juxtapid may cause liver toxicity, a serious side effect of using the drug, and the label also warned that Juxtapid may cause gastrointestinal adverse reactions.  FDA required a REMS, which is a  risk management plan deemed necessary to ensure that a drug’s benefits outweigh its risks, as part of Juxtapid’s approval.  The specific purpose of the Juxtapid REMS was to educate prescribers about the risks of liver toxicity and to restrict access to Juxtapid only to those patients with a clinical or laboratory diagnosis consistent with HoFH.

The information alleges that during the relevant time period, Aegerion failed to give health care providers complete and accurate information about HoFH and how to properly diagnose it, and that Aegerion also filed a misleading REMS assessment report.  According to the information, Aegerion therefore failed to comply with the required elements under the REMS to assure safe use of Juxtapid, in violation of the FDCA.  The information further alleges that Aegerion management and sales personnel distributed Juxtapid not only for the treatment of HoFH, but also as a treatment for high cholesterol generally, without adequate directions for such use.  Under the terms of a plea agreement, Aegerion has agreed to plead guilty to these charges and pay a criminal fine and forfeiture of $7.2 million.

In a deferred prosecution agreement to resolve a felony charge that Aegerion conspired to violate HIPAA, 42 U.S.C. §§ 1320d-6(a) and 1320-6(b)(3), Aegerion admitted that it conspired to obtain patients’ personally identifiable health information, without patient authorization, for commercial gain.  Under the terms of the deferred prosecution agreement, Aegerion will implement enhanced compliance provisions, including periodic certifications to the government concerning its implementation of those provisions.

Under the civil false claims settlement, Aegerion will pay $28.8 million over three years to resolve federal and state civil liability for causing false claims for Juxtapid to be submitted to government health care programs (Medicare, Medicaid, and TRICARE) arising from its promotion of Juxtapid for patients without a diagnosis of, or consistent with, HoFH; false and misleading statements to doctors that the use of Juxtapid was appropriate in patients with symptoms including high cholesterol, irrespective of whether such patients had a diagnosis of HoFH and despite counter-indications to a diagnosis of HoFH; and alteration or falsification of statements of medical necessity and prior authorizations that were submitted to federal health care programs.  The government further alleged that Aegerion defrayed patients’ copayment obligations for Juxtapid, in violation of the Anti-Kickback Statute (AKS), by funneling funds through Patient Services Inc. (PSI), an entity that claimed to be a non-profit patient assistance organization.  The federal share of the $28.8 million civil false claims settlement is $26.1 million and the state portion is $2.7 million. 

“Aegerion put profits over patient safety and enriched itself at taxpayer expense,” said Acting U.S. Attorney William D. Weinreb for the District of Massachusetts.  “Our Office is committed to protecting patient safety and the integrity of federal health care programs, and we will continue to use our criminal and civil authority to ensure that drug companies play by the rules that protect the public, ensure quality of care, and preserve patient privacy.”

As part of the resolution, Aegerion has agreed to enter into a separate civil consent decree to resolve civil liability under the FDCA in connection with its failure to comply with the requirements of the Juxtapid REMS program and its distribution of Juxtapid with labeling that lacked adequate directions for all of Juxtapid’s intended uses.  Aegerion also entered into a Corporate Integrity Agreement (CIA) with the HHS-OIG.  The five-year CIA requires, among other things, that Aegerion implement measures designed to ensure that its promotional activities and any arrangements and interactions with third-party patient assistance programs comply with the law.  In addition, the CIA requires reviews by an independent review organization and compliance-related certifications from company executives and Board members.

“We sometimes require companies to put in place certain measures to more closely manage a drug’s risks when we don’t believe a medicine’s benefits would outweigh its side effects without these risk mitigation strategies,” said FDA Commissioner Scott Gottlieb, M.D. “This might include requiring prescribers to undergo certain training on a drug’s risks, or having providers take steps to more closely monitor patients.  By failing to follow the safety requirements that Aegerion had agreed to, the company put patients’ lives at risk and didn’t honor the safety commitments they made as a condition of gaining approval for their drug. This is unacceptable. We will continue to pursue those who skirt the law, and flout patient safety and other post-market commitments, using all of the enforcement tools available to us. Post-market safety requirements are a key element of FDA’s public health protections and we will ensure that they are fulfilled.”

“Today’s plea and settlement with Aegerion shows how the government will hold the pharmaceutical industry accountable for violating important FDA and privacy rules that are intended to keep patients safe and ensure the confidentiality of their information,” said Special Agent in Charge Harold H. Shaw of the FBI, Boston Field Division. “The FBI will continue to investigate companies like Aegerion that profit from exploiting patients who are searching for treatments for serious medical conditions.”

 “Our corporate integrity agreement increases individual accountability for board members and company executives and it requires Aegerion to strengthen controls around promotional activities and other interactions with health care providers,” said Chief Counsel to the U.S. Department of Health and Human Services (HHS) Inspector General Gregory E. Demske.  “Importantly, the CIA also requires that Aegerion implement controls and monitoring designed to ensure true independence from any charity patient assistance programs to which it donates in the future.”

“Today’s agreement demonstrates that we will not allow pharmaceutical manufacturers to provide the medical community with false and incomplete information about their products, thereby jeopardizing the health and safety of our citizens,” said Special Agent in Charge Phillip Coyne for the HHS Office of Inspector General (OIG). “Nor will we allow corporations to profit at the expense of patient care and their personal information.”

The civil false claims settlement resolves a lawsuit filed by Michele Clarke, Tricia Mullins, and Kristi Winger Szudlo, former employees of Aegerion, under the qui tam or whistleblower, provisions of the False Claims Act, which permit private individuals, known as relators, to sue on behalf of the government for false claims and to share in any recovery.  The qui tam suit was filed in the District of Massachusetts and is captioned United States ex rel. Clarke, et al. v. Aegerion Pharmaceuticals, Inc., et al., No. 13-CV-11785 (D. Mass.).  Relators will receive $4.7 million from the federal proceeds of the civil false claims settlement. 

The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 900-HHS-TIPS (800-447-8477).

This resolution was the result of a coordinated effort by the U.S. Attorney’s Office for the District of Massachusetts, the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, the FDA’s Office of Chief Counsel and Office of Criminal Investigations, the FBI, HHS-OIG, and the Department of Labor’s Employee Benefits Security Administration. 

Except as to conduct admitted as part of the guilty plea and deferred prosecution agreement, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.

BOSTON – The U.S. Attorney’s Office announced today that Aegerion Pharmaceuticals, Inc, a Cambridge, Massachusetts-based subsidiary of Novelion Therapeutics Inc., has agreed to pay over $35 million to resolve criminal and civil charges relating to its marketing of Juxtapid, a drug that is labeled with a warning that it may cause serious liver and stomach problems and that is approved to treat high cholesterol only for patients with a rare genetic disease called homozygous familial hypercholesterolemia (HoFH).

“Aegerion put profits over patient safety and enriched itself at taxpayer expense,” said Acting U.S. Attorney William D. Weinreb.  “Our Office is committed to protecting patient safety and the integrity of federal health care programs, and we will continue to use our criminal and civil authority to ensure that drug companies play by the rules that protect the public, ensure quality of care, and preserve patient privacy.”

“Today’s settlement shows that the government will continue to hold accountable drug companies that violate laws designed to protect the health and safety of patients,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division.  “Aegerion has agreed to plead guilty to breaking the law.  The Justice Department will continue to ensure that taxpayers do not foot the bill when such conduct occurs.”

In a criminal Information filed today, the United States charged that, from December 2012 to December 2015, Aegerion violated the Federal Food, Drug, and Cosmetic Act in connection with its sale and promotion of the drug Juxtapid.  Aegerion management and sales personnel distributed Juxtapid not only for the treatment of HoFH, but also as a treatment for high cholesterol generally, without adequate directions for such use.  Furthermore, even though the FDA had approved Juxtapid subject to a Risk Evaluation Mitigation Strategy (REMS) to ensure that prescribers were informed of the drug’s risks and that Juxtapid was prescribed only for patients with a clinical or laboratory diagnosis consistent with HoFH, the Information alleges that, during the relevant time period, Aegerion failed to give health care providers complete and accurate information about the clinical diagnosis of HoFH, therefore failing to comply with the required elements under the REMS to assure safe use of Juxtapid.  Under the terms of a plea agreement, Aegerion has agreed to plead guilty to these charges and to pay a criminal fine and forfeiture of $7.2 million.

Today’s resolution includes a deferred prosecution agreement to resolve a felony charge that Aegerion conspired to violate the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Under the terms of the deferred prosecution agreement, Aegerion admitted to facts demonstrating that the company conspired with its sales employees, including senior managers, to obtain patients’ personally identifiable health information, without patient authorization, for commercial gain.  Aegerion has agreed to implement enhanced compliance provisions, including periodic certifications to the government concerning its implementation of those provisions.

Under the terms of a civil False Claims Act settlement, Aegerion will pay $28.8 million over three years to resolve allegations that:  Aegerion distributed Juxtapid for patients without a diagnosis of, or consistent with, HoFH; Aegerion employees, including senior managers, made false and misleading statements to doctors that the use of Juxtapid was appropriate in patients with high cholesterol, irrespective of whether such patients had a diagnosis of HoFH and despite counter-indications to a diagnosis of HoFH; Aegerion employees at times altered or falsified statements of medical necessity and prior authorizations that were submitted to federal health care programs; and Aegerion defrayed patients’ copayment obligations for Juxtapid, in violation of the Anti-Kickback Statute, by funneling funds through Patient Services, Inc., an entity that promoted its ability to create a “reimbursement vehicle” for Aegerion from patients who otherwise would have received free drug. 

As part of the resolution, Aegerion has also agreed to enter into a separate civil consent decree with the FDA to resolve civil liability under the FDCA for its distribution of Juxtapid that was misbranded because Aegerion failed to comply with the requirements of the Juxtapid REMS program and because Juxtapid’s labeling lacked adequate directions for all of Juxtapid’s intended uses..  Aegerion also entered into a Corporate Integrity Agreement (CIA) with the Office of Inspector General of the Department of Health and Human Services.  The five-year CIA requires, among other things, that Aegerion implement measures designed to ensure that its promotional activities and any arrangements and interactions with third-party patient assistance programs are compliant with the law.  In addition, the CIA requires reviews by an independent review organization and compliance-related certifications from company executives and Board members. 

“Today’s settlement with Aegerion shows how the government will hold the pharmaceutical industry accountable for violating important FDA and privacy rules that are intended to keep patients safe and ensure the confidentiality of their information,” said Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “The FBI will continue to investigate companies like Aegerion that profit from exploiting patients who are searching for treatments to serious medical conditions.”

“Today’s agreement demonstrates that we will not allow pharmaceutical manufacturers to provide the medical community with false and incomplete information about their products, thereby jeopardizing the health and safety of our citizens,” said Phillip Coyne, Special Agent in Charge for the U.S. Department of Health and Human Services Office of Inspector General. “Nor will we allow corporations to profit at the expense of patient care and their personal information.”

“Our corporate integrity agreement increases individual accountability for board members and company executives and it requires Aegerion to strengthen controls around promotional activities and other interactions with health care providers,” said Gregory E. Demske, Chief Counsel to the Inspector General for the U.S. Department of Health and Human Services.  “Importantly, the CIA also requires that Aegerion implement controls and monitoring designed to ensure true independence from any charity patient assistance programs to which it donates in the future.”

“We sometimes require companies to put in place certain measures to more closely manage a drug’s risks when we don’t believe a medicine’s benefits would outweigh its side effects without these risk mitigation strategies. This might include requiring prescribers to undergo certain training on a drug’s risks, or having providers take steps to more closely monitor patients,” said FDA Commissioner Scott Gottlieb, M.D. “By failing to follow the safety requirements that Aegerion had agreed to, the company put patients’ lives at risk and didn’t honor the safety commitments they made as a condition of gaining approval for their drug. This is unacceptable. We will continue to pursue those who skirt the law, and flout safety patient and other post-market commitments, using all of the enforcement tools available to us. Post-market safety requirements are a key element of FDA’s public health protections and we will ensure that they are fulfilled.”

“By failing to comply with all requirements of FDA’s approval of Juxtapid, including its Risk Evaluation and Mitigation Strategy, Aegerion subjected patients to unnecessary risk” said Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations, Metro Washington Field Office. “When a company subverts FDA’s approval conditions, we will pursue and bring them to justice in order to fulfill our mission of protecting the public health.” 

“EBSA is very pleased to have had the opportunity to work collaboratively with our law enforcement partners on this important investigation,” said Susan A. Hensley, Regional Director, U. S. Dept. of Labor, Employee Benefits Security Administration, Boston Regional Office. “I commend the exceptional work performed by our investigators and their law enforcement partners.  This office will continue to vigorously pursue cases where participants and private sector health benefit plans are victimized by unscrupulous and illegal pharmaceutical sales practices.”

The civil settlement resolves a lawsuit filed by Michele Clarke, Tricia Mullins, and Kristi Winger Szudlo, former employees of Aegerion, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals, known as relators, to sue on behalf of the government for false claims and to share in any recovery.  The qui tam suit was filed in the District of Massachusetts and is captioned United States ex rel. Clarke, et al. v. Aegerion Pharmaceuticals, Inc., et al., No. 13-CV-11785 (D. Mass.).  Relators will receive $4.7 million from the proceeds of the federal civil settlement. 

The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

This matter was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services’ Office of Inspector General, the Department of Labor’s Employee Benefits Security Administration, and the FDA. This matter was handled by Assistant U.S. Attorneys Kriss Basil, Young Paik, Sara Bloom and Abraham George of Weinreb’s Office and Trial Attorneys Shannon Pedersen and Holly Snow of the Civil Division’s Consumer Protection Branch and Civil Fraud Section, respectively.

BOSTON – A Dominican national was charged yesterday in federal court in Boston with identity theft.

Willy Antonio Hernandez Camilo, 33, a Dominican national residing in Lawrence, was indicted on one count of passport fraud, two counts of misuse of a Social Security number, and two counts of aggravated identity theft.

According to the indictment, Hernandez Camilo purported to be a U.S. citizen in 2014 when he applied for a passport at a Methuen post office. On the passport application, Hernandez Camilo represented the name, Social Security number, and date of birth of a U.S. citizen from Puerto Rico as his own and supported the application by presenting a birth certificate and Massachusetts driver’s license in the victim’s name. Court documents further allege that Hernandez Camilo misused a Social Security number and committed aggravated identity theft in connection with a Massachusetts driver’s license renewal application that he submitted in 2016.

The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, one year of supervised release, and a fine of up to $250,000. The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised released, and a fine of up to $250,000. The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Christine Wichers of Weinreb’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A Boston Police Sergeant Detective agreed to plead guilty today to 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, agreed to plead guilty to making false statements to the Transportation Security Administration (TSA) and the Department of Homeland Security, as well as unlawfully entering a secure airport area with intent to evade security requirements.  In June 2017, Smith was arrested and charged by criminal complaint.

Smith has been employed with the Boston Police Department since 1989 and is currently a Sergeant Detective assigned to District E-13, Jamaica Plain, as a district detective supervisor.  Under the terms of the plea agreement, Smith faces a sentence of six months to one year of probation, with the possibility of home confinement.  Smith has also agreed to resign from the Boston Police Department and pay a $7,500 fine.   

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 to have obtained supervisor approval for his travel.  On at least two of them, 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 HIV clinic operator.

Acting United States Attorney William D. Weinreb; 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 Weinreb’s Public Corruption and Special Prosecutions Unit is prosecuting the case.

BOSTON – A Boston man pleaded guilty yesterday in federal court in Boston to robbing five banks throughout April and June 2017.

Thomas W. Nee, 46, pleaded guilty to five counts of bank robbery. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for Jan. 9, 2018.

Nee robbed five different banks stealing a total of over $8,200. The robberies occurred at Santander Bank on Commonwealth Avenue on April 21; Citizens Bank on Tremont Street on May 5; Century Bank on State Street on May 8; Randolph Savings Bank on May 22; and Eastern Bank on West Broadway on June 8. Nee committed each of the robberies by handing a teller a note demanding money.

Each count of bank robbery provides for a sentence of no greater than 20 years in prison, three years of supervised released, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Office, made the announcement today. Assistant U.S. Attorney Christine Wichers of Weinreb’s Major Crimes Unit is prosecuting the case.

WASHINGTON – Attorney General Sessions will travel to Boston, Massachusetts, on THURSDAY, SEPTEMBER 21, 2017 to give remarks to federal law enforcement about transnational criminal organizations.

WHO:  Attorney General Jeff Sessions

WHAT: Attorney General Sessions will give remarks to federal law enforcement about transnational criminal organizations.

WHEN:  Thursday, September 21, 2017
3:00 p.m. EDT

WHERE:  U.S. Attorney’s Office
1 Courthouse Way, Suite 9200
Boston, MA 02210
OPEN PRESS
(Preset at 2:00 p.m. // Final Access 2:15 p.m.)

NOTE:  All media must RSVP and present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials.  The RSVP and any inquiries regarding logistics should be directed to Devin O’Malley in the Office of Public Affairs at (202) 514-2007 or [email protected]. Please include the email address of the person(s) attending the event, so that we may reach them directly if details change.

BOSTON – A Providence, R.I., man pleaded guilty yesterday in federal court in Boston to federal drug charges.

Dennys Villalona, a/k/a Xavier Martinez-Gonzalez, 32, pleaded guilty to one count of possession with intent to distribute and distribution of heroin and one count of possession with intent to distribute and distribution of more than 100 grams of heroin. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Jan. 11, 2018.

In November 2016, a cooperating source introduced an undercover officer to Villalona for the purpose of supplying heroin to the undercover officer. On Nov. 17, 2016, Villalona and the undercover officer met in a restaurant parking lot in Foxboro where Villalona agreed to sell the undercover officer one kilogram of heroin for $55,000.  He also stated that, if the undercover officer kept coming back and business was good, the price would drop to $50,000 or even less per kilogram. Two days later, Villalona and the undercover officer met again, and Villalona supplied the undercover officer with a nearly 10-gram sample of heroin. On Nov. 22, 2016, Villalona and the undercover officer met at a restaurant in Wrentham, where Villalona delivered a package containing 992 grams of heroin to the undercover officer.  All three meetings were recorded.

The charge of possession with intent to distribute and distribution of heroin provides for a sentence of no greater than 30 years in prison, a minimum of six years and up to a lifetime of supervised release, and a fine of $2 million.  The charge of possession with intent to distribute and distribution of more than 100 grams of heroin provides for a mandatory minimum sentence of 10 years and up to a lifetime in prison, a minimum of eight years and up to a lifetime of supervised release, and a fine of $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 William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Assistant U.S. Attorney Linda Ricci, Deputy Chief of Weinreb’s Narcotics and Money Laundering Unit, is prosecuting the case.

BOSTON – The former chief financial officer of an international marketing and public relations firm was charged today with embezzling over $3 million from the company. 

Edward J. Abell III, 44, of Gloucester, was charged with wire fraud and money laundering and is scheduled to make an initial appearance in federal court before U.S. Chief Magistrate Judge David H. Hennessy on Sept. 21, 2017.  

According to court documents unsealed today, Abell served as Vice President of Finance and later Chief Financial Officer of a global integrated marketing agency based in Boston.  In that capacity, Abell oversaw all aspects of the company’s finances and controlled all corporate bank accounts.  It is alleged that between 2006 and his departure in 2016, Abell embezzled over $3.6 million from his employer by writing company checks to Pinehurst Tax Associates – a firm Abell owned.  However, Pinehurst allegedly did not provide any services to Abell’s employer.  Rather, it is alleged that Abell used Pinehurst as a shell company through which he channeled embezzled funds to personal bank accounts.    

In order to avoid detection, Abell allegedly created fake profiles for Pinehurst within his employer’s internal vendor database and attributed all the fraudulent payments to Pinehurst as “Professional Services” in the financial accounting system.  Abell also allegedly filed false personal tax returns with the IRS, which failed to report the millions he obtained through Pinehurst. 

In addition to the criminal complaint, the United States obtained seizure warrants for several of Abell’s assets allegedly acquired with fraudulent proceeds.  As part of the operation, federal agents seized a 2015 Porsche Macan S, a 2015 Ford F-350 Super Duty, and an E*TRADE brokerage account all owned by Abell or held in his name.   

The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. The charge of money laundering 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 value of the criminally derived property.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

Acting United States Attorney William D. Weinreb; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service’s 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 Jordi de Llano, Deputy Chief of Weinreb’s Economic Crimes Unit, is prosecuting the case.

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

BOSTON – A Fitchburg man was sentenced today in federal court in Worcester for his role in a drug trafficking conspiracy.

Elvis Genao, 28, was sentenced by U.S. District Court Judge Timothy S. Hillman to 37 months in prison and three years of supervised release.  In May 2017, Genao and four co-defendants pleaded guilty to conspiracy to distribute heroin and cocaine in Worcester County.

In the late summer of 2014, federal agents began investigating the narcotics trafficking activities of Osvaldo Vasquez and his associates, Genao, Jose Federico Vasquez, Felix Melendez, and Hugo Santana-Dones. Between November 2014 and July 2015, with the help of a cooperating witness, agents made numerous recorded purchases of heroin - sometimes laced with fentanyl - from members of the conspiracy, seizing over 400 grams of heroin as a result.  

During the controlled purchases, Genao was recorded distributing over 100 grams of heroin to a cooperating source in July 2015. Genao was also captured on wire intercepts between April and July of 2015 discussing the delivery and sale of additional narcotics.

Santana-Dones was sentenced on Sept. 6, 2017, to 80 months in prison and will be subject to deportation hearings upon completion of his sentence; Federico Vasquez was sentenced yesterday to five years in prison and will be subject to deportation hearings upon completion of his sentence. Osvaldo Vasquez and Melendez are scheduled to be sentenced on Nov. 3, 2017, and Oct. 25, 2017, respectively.

Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; Fitchburg Police Chief Ernest F. Martineau; and Leominster Interim Police Chief Michael Goldman made the announcement today. Assistant U.S. Attorney Mark J. Grady of Weinreb’s Worcester Branch Office is prosecuting the cases.

BOSTON – An Easthampton man was sentenced today in federal court in Springfield on nine counts of child pornography offenses.

James J. Smith, 38, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 138 months in prison and 10 years of supervised release. In February 2017, Smith pleaded guilty to six counts of distribution of child pornography, one count of transportation of child pornography, one count of receipt of child pornography, and one count of possession of child pornography. 

In January 2015, during a search of Smith’s home, law enforcement seized Smith’s cell phone, which contained approximately 110 images of child pornography, including images of a known eight-year-old girl. Smith also emailed and engaged in Craigslist correspondence with multiple people in which they discussed the sexual abuse of children.  Smith offered to distribute, and did distribute, child pornography involving children aged 10 and younger with online associates.  Smith also offered to receive, and did receive, child pornography from an individual online.   

Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Northampton Police Chief Jody Kasper; and Easthampton Police Chief Robert Alberti made the announcement today. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office prosecuted the case.

BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for participating in a stolen identity refund fraud scheme that filed fraudulent federal income tax returns claiming hundreds of thousands of dollars in refunds.

Junior Alberto Lopez, 32, a Dominican national residing in Dorchester, was sentenced by U.S. District Court Judge Leo T. Sorokin to 30 months in prison, three years of supervised release, and ordered to pay restitution of $242,000. Lopez will be subject to deportation proceedings upon completion of his sentence. In June 2017, Lopez pleaded guilty to one count of false claims conspiracy, three counts of access device fraud, and one count of aggravated identity theft. Lopez was originally arrested in April 2015, but fled to the Dominican Republic shortly after his release on bail.  Lopez was re-arrested in the Dominican Republic in December 2016 and extradited to the United States in March 2017.

Between May 2011 and February 2013, Lopez and at least two co-conspirators unlawfully obtained the names, addresses and dates of birth of more than 700 residents of Puerto Rico and elsewhere.  They created and filed false income tax returns for 2010, 2011, and 2012, claiming refunds on behalf of those identity fraud victims.  Lopez and his co-conspirators directed the IRS to issue tax refund checks and to deposit tax refunds onto prepaid debit cards, which were delivered to addresses in Boston and elsewhere that the conspiracy controlled.  Lopez and his co-conspirators cashed and redistributed the checks and debit cards.

Acting United States Attorney William D. Weinreb; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today.  The Department of Justice’s Office of International Affairs provided assistance in securing Lopez’s extradition to the United States. Assistant U.S. Attorney Seth Kosto of Weinreb’s Criminal Division prosecuted the case.

BOSTON – A Dominican national was sentenced yesterday in federal court in Worcester for his role in a drug trafficking conspiracy.

Jose Federico Vasquez, 55, was sentenced by U.S. District Court Judge Timothy S. Hillman to five years in prison and four years of supervised release and will face deportation proceedings upon completion of his sentence. In May 2017, Federico Vasquez and four co-defendants pleaded guilty to conspiracy to distribute heroin and cocaine in Worcester County.

In the late summer of 2014, federal agents began investigating the narcotics trafficking activities of Osvaldo Vasquez and his associates, Federico Vasquez, Felix Melendez, Elvis Genao, and Hugo Santana-Dones. Between November 2014 and July 2015, with the help of a cooperating witness, agents made numerous recorded purchases of heroin - sometimes laced with fentanyl - from members of the conspiracy, seizing over 400 grams of heroin as a result.

During a court-authorized wiretap, Vasquez and his co-defendants were heard discussing the purchase and sale of multiple kilograms of narcotics and demonstrated an awareness of the potential deadly consequences of the narcotics they were distributing. On May 7, 2015, Osvaldo Vasquez, Melendez, and Federico Vasquez were intercepted discussing how the high number of heroin overdose deaths occurring at the time were cutting into their sales.

In August 2015, federal agents executed a search warrant at the conspirators’ homes. At Osvaldo Vasquez’s home in Worcester, agents found 679 grams of heroin and 723 grams of cocaine, as well as a Taurus PT .380 semi-automatic handgun. The phone that was the subject of the wiretap, cutting tools, and over $7,000 in cash were also recovered in the home. At the residence of Santana-Dones in Leominster, 224 grams of heroin, 110 grams of cocaine, and 8.9 grams of cocaine base (crack cocaine), along with cutting tools, a hydraulic kilogram press, over $1,300 in cash, and two phones that had been intercepted on the wiretap were recovered. At the residence of Melendez, who was on parole for state firearm and narcotics charges at the time, 3.1 grams of cocaine, a digital scale, over $1,000 in cash, and a phone that had been intercepted on the wiretap were recovered. At the residence of Federico Vasquez in Providence, agents found 3.4 grams of cocaine.

Santana-Dones was sentenced on Sept. 6, 2017, to 80 months in prison and will be subject to deportation hearings upon completion of his sentence; Osvaldo Vasquez, Melendez, and Genao are scheduled to be sentenced on Nov. 13, 2017, Oct. 25, 2017, and Sept. 19, 2017, respectively.

Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; Fitchburg Police Chief Ernest F. Martineau; and Leominster Interim Police Chief Michael Goldman, made the announcement today. Assistant U.S. Attorney Mark J. Grady of Weinreb’s Worcester Branch Office is prosecuting the cases.

BOSTON - A Chinese national charged with defrauding the Department of Homeland Security (DHS) in its administration of the Student and Exchange Visitor Program pleaded guilty and was sentenced today in federal court in Boston.

Yue Wang, 25, a Chinese national residing in Malden, pleaded guilty to one count of conspiracy to defraud the United States. U.S. District Court Judge Rya W. Zobel sentenced Wang to time-served and ordered her immediately removed from the United States to the People’s Republic of China.

On May 24, 2016, working off a tip, a law enforcement officer interviewed Wang about her experience taking the Test of English as a Foreign Language (TOEFL) exam. Wang admitted to taking the test on at least three occasions on behalf of registered test takers. To take the exam, Wang received Chinese passports through the mail or in person and used the passports as identification to take the exam as if she were the person represented in the passports. Wang received nearly $7,000 to take TOEFL exams on behalf of three registered test takers.  These co-conspirators then used those fraudulently obtained scores to gain admission to United States colleges, which made them eligible to receive F-1 non-immigrant student visas to enter the country and remain for the duration of their studies.

Acting United States Attorney William D. Weinreb; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and William B. Gannon, Special Agent in Charge of the U.S. State Department's Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Weinreb’s Major Crimes Unit prosecuted the case.

BOSTON - Roukayatou Damerogo, 32, a citizen of the Republic of Togo, residing in East Hartford, Conn., was arrested on Friday, Sept. 15, 2017, and charged in federal court in Boston with one count of identity theft and one count of mail fraud. U.S Magistrate Judge David H. Hennessy scheduled a detention and probable cause hearing for Monday, Oct. 2, 2017. 

According to court documents, in August 2017, a Cape Cod resident contacted the United States Post Office to report overdue mail deliveries. Further inquiry showed that an unknown person had placed a “mail hold” on the customer’s residence. When the customer traveled to his USPS branch to remove the hold and to pick up his mail, he found a box addressed to him containing 10 new Fitbit Exercise Bands. The customer had previously been the victim of fraudulent credit card transactions and believed the Fitbit purchases stemmed from the compromised credit card.

On Aug. 16, 2017, an individual purporting to be the USPS customer called USPS inquiring about the package of Fitbits. USPS informed law enforcement and they coordinated a time for the package to be delivered to the fraudulent customer, later revealed to be Damerogo. Immediately after retrieving the package, law enforcement stopped Damerogo, questioned her, and placed her under arrest.

The charge of identity theft provides for a sentence of no greater than 20 in prison, three years of supervised release, and a fine of $250,000. The charge of mail fraud provides for a sentence of no greater than 15 years in prison, three years of supervised release, and a fine of up to $250,000. Damerogo, who is illegally present in the United States, will also be subject to deportation. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Brewster Police Chief Richard Koch made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting this case.

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

BOSTON – A Nicaraguan national, charged with illegally reentering the United States after deportation, pleaded guilty today and was sentenced in federal court in Boston.

Alberto Jose Mora-Hurtado, 43, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Nathaniel M. Gorton sentenced Mora-Hurtado to time served and one year of supervised release. Mora-Hurtado will be subject to deportation proceedings. 

Law enforcement officers in Chelsea encountered Mora-Hurtado on July 24, 2017, and determined him to be illegally present in the United States. Mora-Hurtado was previously deported on Sept. 1, 2010.

Acting United States Attorney William D. Weinreb and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit prosecuted the case.

BOSTON – A Lawrence man was sentenced today in federal court in Boston for distributing heroin.

Jose Antonio Rosario, 40, was sentenced by U.S. District Court Judge Indira Talwani to 22 months in prison and three years of supervised release. In May 2017, Rosario pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin and fentanyl.

From about April 2015 to March 2016, federal law enforcement investigated the drug distribution activities of Ramon Baez, a Dominican national based in Lawrence, and his associates.  Rosario supplied Baez with approximately 100 grams of heroin, which Baez then repackaged for distribution. 

On June 16, 2017, Baez was sentenced to 121 months in prison and five years of supervised release. He will be subject to deportation proceedings following the completion of his sentence. 

Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today.  Assistant U.S. Attorney Katherine Ferguson of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A leader of the Cape Cod-based Nauti-Block gang was sentenced today in federal court in Boston for trafficking large quantities of heroin and cocaine, a firearm offense, and laundering approximately $200,000 in drug proceeds.

Christopher Wilkins, 29, of Hyannis, was sentenced by U.S. District Court Chief Judge Patti B. Saris to nine years in prison and four years of supervised release. In May 2017, Wilkins pleaded guilty to nine counts of possession of heroin with the intent to distribute and distribution of heroin; one count of conspiracy to distribute and possess with the intent to distribute 100 grams or more of heroin; one count of conspiracy to distribute and possess with intent to distribute cocaine; one count of possession of cocaine with the intent to distribute; one count of conspiracy to possess a firearm in furtherance of a drug trafficking crime; and one count of conspiracy to launder monetary instruments.

Wilkins is one of three leaders of the Nauti-Block gang that operated on Cape Cod from approximately 2010 until early 2015. Wilkins, Denzel Chisholm, and Christian Chapman were responsible for multiple kilograms’ worth of heroin distributed on Cape Cod. Wilkins distributed heroin to other drug dealers and to heroin users on nearly a daily basis.

In addition, on March 7, 2016, Wilkins attempted to obtain a firearm from a co-defendant in exchange for 10 grams of heroin. The firearm was recovered before it could be passed to Wilkins.  Wilkins also laundered over $200,000 in narcotics proceeds by depositing the drug money into bank accounts set up in his wife’s name, thereby concealing the origin and source of the funds. 

On Sept. 15, 2017, Chisholm was sentenced to 342 months in prison; and on July 12, 2017, Chapman was sentenced to eight years in prison. 

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Cape and Islands District Attorney Michael O’Keefe; and Barnstable Police Chief Paul MacDonald made the announcement today.  Assistant U.S. Attorneys Eric S. Rosen and Miranda Hooker of Weinreb’s Narcotics and Money Laundering Unit are prosecuting the cases.

BOSTON – The United States Attorney’s Office reached a settlement agreement today with the Park School, resolving allegations that the school violated Title III of the Americans with Disabilities Act (ADA) by discriminating against a student with a disability.

The Park School is an independent school in Brookline that serves over 560 students from pre-kindergarten through eighth grade. After conducting an investigation, the U.S. Attorney’s Office determined that Park School violated Title III of the ADA by denying a prospective student with a disability admission to the school without making an appropriate, individualized assessment of the school’s ability to accommodate the student.

Under the terms of the agreement, the school will:

• Revise its disability non-discrimination policy;

• Modify its admissions policies and procedures to ensure that the school fully and appropriately assesses its ability to accommodate an applicant with disabilities before rendering a decision;

• Implement appropriate procedures for responding to requests for reasonable accommodations;

• Provide comprehensive training to admissions staff; and

• Remove architectural barriers in school buildings to ensure the facilities are ADA-compliant.

“Children with disabilities deserve equal opportunities to attend independent schools,” said Acting United States Attorney William D. Weinreb. “I want to thank the Park School for its cooperation throughout our investigation, its eagerness to address the issues identified, and its commitment to diversity, including disability. The policies that Park School has agreed to implement should serve as blueprints for other independent schools to ensure that their admissions processes do not discriminate against children with disabilities.”

This matter was handled by Assistant U.S. Attorneys Torey Cummings and Stephen Heymann of the Civil Rights Unit.

The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights. For more information on the ADA, please visit www.ADA.gov.

BOSTON – A New Bedford woman was sentenced yesterday in federal court in Boston in connection with operating a drug trafficking ring in southeastern Massachusetts.

Chindy Diaz, 39, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to three years in prison and five years of supervised release.  In October 2016, Diaz pleaded guilty to conspiracy to distribute cocaine. 

From 2014 to 2016, Diaz and nine co-defendants were members or associates of a drug trafficking organization headed by Luis Lopez that imported at least 50 to100 kilograms of cocaine from Puerto Rico to Massachusetts and distributed it in New Bedford and Fall River. Diaz received cocaine-filled packages for Lopez and coordinated money deliveries to Puerto Rico on Lopez’s behalf in order to purchase additional cocaine.  

All 10 defendants charged in connection with this case have pleaded guilty and nine have been sentenced, including Lopez, who was sentenced to 15 years in prison in January 2017.

United States Attorney William D. Weinreb; Bristol County District Thomas M. Quinn; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Fall River Police Acting Chief Albert Dupere; New Bedford Police Chief Joseph C. Cordeiro; Fairhaven Police Chief Michael Myers; and Bristol County Sheriff Thomas M. Hodgson made the announcement today.  Assistant U.S. Attorney Eric Rosen, of Weinreb’s Criminal Division, is prosecuting the cases. 

BOSTON – A Lawrence man was found guilty yesterday by a federal jury in Boston of unlawful possession of a firearm.

Benito Rivera, 45, was convicted of one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge William G. Young scheduled sentencing for Jan. 9, 2017.  

On August 7, 2016, a law enforcement officer stopped Rivera on Route 1 in Lynnfield for operating a motor vehicle with a revoked registration. After being ordered to exit the vehicle, Rivera fled the scene on foot. The foot chase ended when the officer tackled Rivera and the two men rolled onto Route 1.  While fleeing, two civilian witnesses saw Rivera throw an object into a nearby backyard. A search of the yard resulted in the seizure of a Hi-Point, Model C9, 9mm pistol and seven rounds of 9mm ammunition.  Previously, Rivera had been convicted in a Massachusetts State Court of armed robbery.

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

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorneys Anne Paruti, David G. Tobin, and Nicholas Soivilien of Weinreb’s Major Crimes Unit are prosecuting the case.

BOSTON - A Guatemalan national was charged yesterday in federal court in Boston with a federal immigration crime.

Danny Fuentes-Monzon, 31, was indicted on one count of unlawful reentry of a deported alien.  Fuentes-Monzon was previously deported on Aug. 19, 2005.  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 faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit is prosecuting this case.

BOSTON – A leader of the Nauti Block gang was sentenced in federal court in Boston today to 28.5 years in prison for trafficking multiple kilograms of heroin and fentanyl throughout Cape Cod. An associate of the gang was also sentenced today for her role in the drug trafficking conspiracy.

Denzel Chisholm, 26, of West Yarmouth, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 342 months in prison and 10 years of supervised release; and Molly London, 33, of Hyannis, was sentenced to 20 months in prison and three years of supervised release. In June 2017, Chisholm and London were convicted of various drug charges related to their roles in a heroin and fentanyl trafficking operation on Cape Cod. Chisholm was convicted of one count of conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin, nine counts of possession of heroin with the intent to distribute, and one count of conspiracy to distribute suboxone, which was intended to be trafficked into MCI-Norfolk prison. London was convicted of aiding and abetting Chisholm and maintaining a residence for drug purposes.

On April 5, 2016, following a nearly eight-month long investigation, 13 members of the Cape Cod-based Nauti-Block gang were arrested on federal drug trafficking and firearms charges. Two subsequent superseding indictments brought the total number of defendants charged in the case to 19.

Chisholm distributed massive quantities of heroin throughout lower Cape Cod. He used other individuals, including London, to store and deliver the heroin, then sold it to numerous co-conspirators. During a search of London’s home, 77 grams of heroin were found in a Starbucks cup and a 55-pound package of mannitol (a heroin cutting agent) was found by her bed. Previously intercepted text messages and phone calls indicated that London made her home available to Chisholm just before Chisholm engaged in heroin transactions.

Fifteen of Chisholm and London’s co-conspirators have pleaded guilty to various drug distribution and conspiracy charges and seven have been sentenced.  

Chisholm and co-defendant Tyrone Gomes also face state charges for the 2015 murder of Christine Ferreira at a rest stop on Route 6 on Cape Cod.

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Cape and Islands District Attorney Michael O’Keefe; and Barnstable Police Chief Paul MacDonald made the announcement. Assistant U.S. Attorneys Eric S. Rosen and Miranda Hooker of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Stoughton man pleaded guilty today in federal court in Boston for his role in a cocaine distribution operation in the South Shore.

Angel Morales, 46, 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.  U.S. District Court Judge Denise J. Casper scheduled sentencing for ­­­Dec. 12, 2017.

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 where they 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.

The charge of conspiracy to possess with intent to distribute and distribution of cocaine provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million.  The charge of possession with intent to distribute cocaine provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million.  The charge of being a felon in possession of a firearm provides for a sentence of no greater than 10 years, three years of supervised release, and a fine of up to $250,000.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William Weinreb; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the 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 Weinreb’s Narcotics and Money Laundering Unit are prosecuting the case.

BOSTON – A San Diego man was sentenced today in federal court in Boston for distributing more than 30 packages of methamphetamine through the mail. 

Leonard Leseman, 58, was sentenced by U.S. District Court Judge Leo S. Sorokin to 10 years in prison and five years of supervised release.  In June 2017, Leseman pleaded guilty to conspiring to distribute methamphetamine. 

From approximately 2011 through October 2013, Leseman supplied methamphetamine to co-defendant Robert Annette, by sending packages containing methamphetamine through the United States mail.  In 2012, a Postal Inspector, conducting a routine drug interdiction, located a suspicious package sent by Leseman and addressed to a fictitious name at Annette’s Somerville residence. When the Inspector attempted to deliver the package, Annette refused receipt.  From then on, Annette arranged for a network of friends to receive the packages.  In total, Leseman mailed more than 30 packages containing methamphetamine to various addresses provided by Annette.  During the investigation, law enforcement officers also seized packages containing methamphetamine that Leseman sent to customers in Washington, D.C., and Carnegie, Penn.

Leseman and Annette communicated via text message to discuss the logistics for orders, shipments and payments.  For example, regarding a package that Leseman sent Annette, Leseman advised him: “You’ll see 3 blind mice eating ice cream.”  After Leseman mailed the package from San Diego, Postal Inspectors in Massachusetts seized the package and opened it pursuant to a search warrant.  Inside the package were three toy mice and an ice cream maker with four ounces of methamphetamine hidden inside.

To date, five individuals, including Leseman, have pleaded guilty to participating in the conspiracy to distribute methamphetamine.  Scott Hill, formerly of Randolph, was sentenced to 42 months in prison in April 2017, and Steven Marszalkowski, formerly of Provincetown, was sentenced to 13 months in prison in August 2017.  Larry Ligocki, of Chelsea, and Annette, of Somerville, are awaiting sentencing.

Acting United States Attorney William D. Weinreb; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today.  Investigative assistance was provided by Postal Inspectors in San Diego and Pennsylvania, the Pennsylvania State Police, the Massachusetts State Police Narcotics Task Force in Hyannis, and the Provincetown and Truro Police Departments.  Assistant U.S. Attorneys James E. Arnold and Craig E. Estes of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Fairhaven man was re-sentenced today in federal court in Boston as a result of a prior vacated conviction stemming from the state crime lab scandal.

David Simmons, 42, was re-sentenced by U.S. District Court Judge Nathaniel M. Gorton to 33 months in prison and three years of supervised release. In March 2016, Simmons was sentenced to 51 months in prison and three years of supervised release after a federal jury convicted him in October 2015 of one count of conspiracy to distribute marijuana.

From approximately 2010 until 2014, Simmons was involved in an eight-person marijuana trafficking conspiracy led by Edward Boyer that shipped high-grade marijuana from Mendocino County California to Fall River, Mass., where it was sold through a network of distributors. Simmons received some of the shipments of marijuana in Fair Haven and delivered them to Boyer. Simmons, along with co-defendant Paul Pedreira, also established a marijuana growing operation at Simmons’ residence, and Boyer helped to coordinate the distribution of the crop.

The sentence of 51 months that Simmons received in March 2016 was based on his prior criminal history, which identified him as a career offender. However, a prior criminal conviction for distribution of a Class B substance was vacated by the Fall River District Court in May 2016, as it was one of the tens of thousands of cases tainted by the revelation that former state crime chemist Annie Dookhan tampered with evidence and fabricated test results. As a result of that vacated conviction, Simmons no longer qualifies as a career offender; therefore, the current sentence he is serving for marijuana conspiracy was reduced based on an updated prior criminal history – one that does not include a conviction for distributing a Class B substance.  

In February 2016, Boyer was sentenced to 108 months in prison and four years of supervised release. Pedreira was sentenced to time served (53 days) and three years of supervised release.

 Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Office, made the announcement.  Assistant U.S. Attorney Theodore Heinrich of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – An East Boston man was sentenced today in federal court in Boston for illegal firearms dealing in the Orient Heights public housing projects in East Boston.

James Warner, 30, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 30 months in prison and three years of supervised release. In April 2017, Warner pleaded guilty to engaging in the business of dealing in firearms without a license and being a felon in possession of a firearm.

Warner, who is prohibited from buying, selling and using firearms due to a prior criminal conviction, conspired with other individuals to sell a Hungary, .380 caliber semi-automatic pistol and a Davis Industries, Model D-32 caliber derringer in the Orient Heights Housing Development in East Boston.

The case arose from a federal investigation into a network of street gangs that created alliances to traffic weapons and drugs throughout Massachusetts and generate violence against rival gang members. As a result of the investigation, 53 defendants were indicted in June 2016 on federal firearms and drug charges, including defendants who are allegedly leaders, members, and associates of the 18th Street Gang, the East Side Money Gang and the Boylston Street Gang. se gangs operated primarily in the East Boston, Boston, Chelsea, Brockton, Malden, Revere and Everett areas. During the course of the investigation, law enforcement seized cocaine, cocaine base (crack), heroin, fentanyl, and over 70 firearms.

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; John Gibbons, U.S. Marshal for the District of Massachusetts; Massachusetts Attorney General Maura Healey; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Evans; Chelsea Police Chief Brian Kyes; and Brockton Police Chief John Crowley made the announcement today. The U.S. Attorney’s Office also acknowledges the assistance of the Suffolk and Middlesex County Sheriff Departments and the Malden, Revere and Everett Police Departments.

BOSTON - A Brazilian national charged with an immigration crime pleaded guilty and was sentenced today in federal court in Boston.

Daybson Pereira, 34, a Brazilian national residing in Boston, pleaded guilty to one count of illegal reentry of a deported alien. Upon acceptance of his plea, U.S. Senior District Court Judge Rya Zobel sentenced Pereira to time served and one year of supervised release. Pereira will be placed into removal proceedings and deported to Brazil.

Pereira was previously deported in March 2009 after being found unlawfully present in the United States. In May 2017, federal agents determined Pereira to be again in the country illegally while he was awaiting trial at Essex County House of Corrections on multiple counts of witness intimidation and restraining order violations.

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.

BOSTON – A former Worcester man who was residing in New York was sentenced today in federal court in Worcester for failing to register as a sex offender.

George Moriarty, 55, was sentenced by U.S. District Court Judge Timothy S. Hillman to 21 months in prison and five years of supervised release.  In May 2017, Moriarty pleaded guilty to one count of failing to register as a sex offender.

In October 1994, Moriarty was convicted of indecent assault and battery on a child under the age of 14. The Massachusetts Sex Offender Registry Board classified Moriarty as a Level 2 sex offender. Sometime after April 2013, Moriarty moved to New York without notifying authorities of his change in residency, as required by law. In November 2016, Moriarty was arrested in New York on state charges for failing to register as a sex offender. New York authorities then reached out to federal law enforcement in Massachusetts, resulting in Moriarty’s indictment in federal court in Boston and subsequent return to Massachusetts.

Acting United States Attorney William D. Weinreb and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today.  Assistant U.S. Attorney Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit prosecuted the case.

The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by 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/.

BOSTON – Alex Germaine, 30, of Springfield, pleaded guilty yesterday in federal court in Springfield to possession of child pornography. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Dec. 19, 2017.

Germaine accessed a Russian child pornography website and possessed multiple images of child pornography on his cell phone, including an image involving a sex act perpetrated by an adult male against a prepubescent female. Law enforcement executed a search warrant on July 26, 2016, and seized Germaine’s cell phone, which revealed the images. 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.

If the Court accepts the plea agreement, Germaine will be sentenced to 10 years in prison and 10 years of supervised release.

Acting United States Attorney William D. Weinreb; Matthew Etre, 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 Weinreb's Springfield Branch Office is prosecuting the case.

The case is brought as part of Project Safe Childhood.  In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse.  Led by the U.S. Attorneys’ Offices and 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/.          

BOSTON – A Somerville man was sentenced yesterday in federal court in Boston for failing to register as a sex offender.

James Mercer, 51, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 27 months in prison and five years of supervised release. In June 2017, Mercer pleaded guilty to one count of failing to register as a sex offender. 

Mercer was required to register as a Level 2 sex offender in Massachusetts after being convicted in 1992 and 1996 on state charges. He has previously been convicted twice for failing to register: in Florida state court in 2007, and in federal court in Boston in 2015. 

Following his release from custody in relation to the 2015 federal conviction in Boston, Mercer left Massachusetts without reporting to authorities, as required by law.  Mercer was located in California, where he was arrested for failing to update his sex offender registration. 

Acting United States Attorney William D. Weinreb and U.S. Marshal John Gibbons for the District of Massachusetts made the announcement today.  Assistant U.S. Attorney Anne Paruti, Weinreb’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, prosecuted the case.

The case was brought as part of Project Safe Childhood.  In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse.  Led by U.S. Attorneys’ Offices and DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

BOSTON – A Hyannis man associated with the Nauti-Block gang was sentenced today in federal court in Boston for his role in trafficking large quantities of heroin throughout Cape Cod.

Oliver Hamilton, 26, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 66 months in prison and three years of supervised release. In May 2017, Hamilton pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin and possession of heroin with the intent to distribute.

Hamilton was charged as part of the federal investigation into the Nauti-Block gang led by Denzel Chisholm, Christian Chapman, and Christopher Wilkins on Cape Cod that led to the indictment of 19 individuals. Chisholm and Chapman obtained heroin in New Bedford, and from other suppliers, and distributed the heroin to numerous drug dealers on Cape Cod, including Hamilton. Hamilton accepted responsibility for distributing between 100 and 400 grams of heroin.

Chapman pleaded guilty to heroin trafficking and was sentenced to eight years in prison. Wilkins pleaded guilty to multiple federal drug trafficking charges and is scheduled to be sentenced on Sept. 18, 2017. In June 2017, a federal jury convicted Chisholm of 11 counts of drug trafficking, including possession with intent to distribute one kilogram or more of heroin. He is scheduled to be sentenced on Sept. 15, 2017.

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Cape and Islands District Attorney Michael O’Keefe; and Barnstable Police Chief Paul MacDonald made the announcement today. Assistant U.S. Attorneys Eric S. Rosen and Miranda Hooker of Weinreb’s Narcotics and Money Laundering Unit are prosecuting the case.

Boston – An alleged member of the Villa Victoria Pirates street gang was sentenced yesterday in federal court in Boston for distributing cocaine.

Anthony Nunez, a/k/a “Dizzo,” 26, of Boston, was sentenced by U.S. District Court Judge William G. Young to time served of 16 months in prison and six years of supervised release. During the first three years of supervised release, Nunez is precluded from entering certain parts of Boston’s South End, and for the entirely of his term of supervised release, Nunez is precluded from associating with 32 gang associates. In June 2017, Nunez pleaded guilty to two counts of possession with intent to distribute and distribution of cocaine base.

Nunez is one of 19 defendants, many of whom are affiliated with street gangs operating in the Lenox Street Housing Development area of Boston’s South End, who was charged in March 2016 with federal and state drug and firearms offenses. Specifically, on two occasions, including in the Lenox Street Housing Development, Nunez sold crack cocaine to a cooperating defendant.

Law enforcement initiated the investigation in January 2015 with the principal goal of curtailing drug and gun trafficking activities that tyrannized the Lenox Street Housing Development and severely disrupted the lives of residents. The Development and surrounding areas have historically suffered from the violence that accompanies these illegal activities. According to the Boston Police Department’s Boston Regional Intelligence Center (BRIC), the Lenox area was one of the City’s top 10 hotspots for violence in 2015. In fact, there were 30 shootings and more than 75 reports of shots fired in the area from March 2012 to June 2015.

To date, 15 defendants, including Nunez, have been sentenced and the remaining four defendants have pleaded guilty and are awaiting sentencing.

Acting United States Attorney William D. Weinreb; 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. The Boston Housing Authority Police assisted with the investigation.

BOSTON – A Peabody man was sentenced today in federal court in Boston for distributing oxycodone throughout the North Shore area.

Eric Vaughn, 36, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to two years in prison and three years of supervised release.  In March 2017, Vaughn pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute oxycodone.  

In March 2014, federal investigators began tracking the activities of Joseph Romano and eight co-defendants.  Through surveillance and a cooperating source, investigators were able to make controlled purchases of oxycodone from Romano and his associates.  Co-defendants Anthony Panarese, Jarod Presterone and Paul Williams were oxycodone suppliers, and on roughly a weekly basis, Romano contacted each of them separately to arrange meetings to obtain oxycodone pills for redistribution. 

In July 2015, Panarese learned that law enforcement officers were conducting surveillance of his residence.  As a result, Panarese moved his oxycodone supply to Vaughn’s residence and, thereafter, Vaughn distributed oxycodone on Panarese’s behalf. 

Romano was sentenced to four years in prison; Panarese was sentenced to 46 months in prison; Marcelle Milbury was sentenced to one year in prison; and Sans Milbury, who completed the Court-sponsored RISE program, was sentenced to three-years of probation.  Co-defendants Presterone, Ashley Turner, David Turner Sr., and Williams have all pleaded guilty and are awaiting sentencing.

Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Office; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Chief Patrick M. Ambrose of the Danvers Police Department made the announcement.  Assistant U.S. Attorney James E. Arnold of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Dominican national was sentenced today in federal court in Boston for using a stolen Social Security number in order to obtain a Massachusetts driver’s license.

Julio Cesar Baez-Mejia, 37, a Dominican national formerly residing in Lawrence, was sentenced by U.S. District Court Judge George A. O’Toole to eight months in prison and three years of supervised release to be served concurrent to an 18 month sentence he is currently serving in the Lawrence Correctional Alternative Center for assault with a deadly weapon, breaking and entering and malicious destruction of property. Baez-Mejia will face deportation upon completion of his sentence. In May 2017, Baez-Mejia pleaded guilty to one count of misuse of a Social Security number.

On Nov. 19, 2012, Baez-Mejia entered a Massachusetts branch of the Registry of Motor Vehicles and applied for a Massachusetts Class D driver’s license under the name of an American citizen from Puerto Rico. On the application, the defendant listed the name, date of birth, and Social Security number of the American citizen as his own. Baez-Mejia then signed the license application and was issued a driver’s license under the stolen identity.

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Weinreb’s Major Crimes Unit prosecuted the case.

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

Jimmy Jonathan Sanchez-Moreta, 40, was sentenced by U.S. District Court Judge Denise J. Casper to five years in prison and three years of supervised release to be served concurrent to a sentence of nine to 20 years he is currently serving in state prison. Sanchez-Moreta will face deportation proceedings upon completion of his sentence. In June 2017, Sanchez-Moreta pleaded guilty to one count of illegal reentry of a deported alien.

In November 2009, Sanchez-Moreta was convicted in Suffolk County Superior Court for distribution of cocaine.  Upon completion of his sentence, Sanchez-Moreta was placed into immigration removal proceedings, and on April 16, 2013, he was deported to the Dominican Republic.  In January 2015, Sanchez-Moreta was arrested and later convicted in Bristol County Superior Court of distribution of cocaine and heroin.  Additionally, in 2015, Sanchez-Moreta was convicted in Superior Court in Rhode Island of distribution of cocaine. 

Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.

BOSTON – A Worcester man was sentenced today in federal court in Worcester for attempting to solicit a minor, who was actually an undercover federal agent, to engage in illicit sexual conduct.

Timothy Biddy, 38, was sentenced by U.S. District Court Judge Timothy S. Hillman to six years in prison and five years of supervised release. In May 2017, Biddy pleaded guilty to one count of attempted interstate travel to engage in illicit sexual conduct and attempted transfer of obscene images to a minor.  

From October 2016 to November 2016, an undercover federal agent posing as a 13-year-old girl began chatting with Biddy through an online text messaging service. During the communications, Biddy proposed to meet the minor to engage in illicit sexual conduct in Sioux Falls, S.D., and graphically described sexual acts he wished to perform with her. He also sent her a video of himself masturbating. Biddy was arrested in November 2016.

Acting United States Attorney William D. Weinreb and Mathew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Mark J. Grady of Weinreb’s Worcester 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 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/.          

BOSTON – A Roslindale man pleaded guilty today in federal court in Boston to his role in a cocaine distribution operation on the South Shore.

Roberto Fonseca-Rivera, 46, pleaded guilty to one count of conspiracy to possess with intent to distribute and distribution of cocaine. U.S. District Court Judge Denise J. Casper scheduled sentencing for Dec. 6, 2017.

From late February 2016 until July 19, 2016, Fonseca-Rivera conspired with co-defendant Angel Morales, 46, of Stoughton, and others, to distribute cocaine in Canton, Stoughton, Randolph, Quincy and Weymouth.  Morales asked Fonseca-Rivera and another individual 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 and Fonseca-Rivera then distributed the cocaine to other individuals. 

Morales is scheduled to plead guilty on Sept. 14, 2017.

The charging statute provides a sentence of no greater than 20 years in prison, a mandatory minimum of three years and up to a lifetime of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William Weinreb; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, 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 Weinreb’s Narcotics and Money Laundering Unit are prosecuting the case.

BOSTON – A member of MS-13’s Enfermos Criminales Salvatrucha clique in Chelsea, Mass., pleaded guilty today in federal court in Boston to RICO conspiracy involving the attempted murder of a rival gang member.

Daniel Menjivar, a/k/a “Roca,” a/k/a “Sitiko,” 22, a Salvadoran national who resided in Chelsea, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, and admitted responsibility for the attempted murder of a rival 18th Street gang member in Chelsea in May 2014. Menjivar is the 16th defendant to plead guilty in this case.

U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Dec. 4, 2017. According to the plea agreement, at sentencing the government will argue that in addition to the attempted murder, Menjivar also participated in an April 2015 conspiracy to kill an MS-13 member that the gang believed (incorrectly) was cooperating with law enforcement authorities.

In court filings and at today’s plea hearing, Menjivar was identified as a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique in Chelsea. On May 29, 2014, Menjivar and another MS-13 member repeatedly stabbed and shot a rival 18th Street gang member on Washington Avenue in Chelsea. The victim survived the attack.

In addition, the government advised at today’s plea hearing that in April 2015, agents used a cooperating witness to secretly audio and video record Menjivar and two other MS-13 members as they plotted to murder an individual identified in the superseding indictment as Victim 22, an ECS “paro” or probationary member whom they believed was cooperating with law enforcement.

After a three-year investigation, Menjivar was one of 61 defendants named in a January 2016 superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches or “cliques” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence to maintain membership and discipline within the group. Specifically, MS-13 members are required to attack and murder gang rivals whenever possible.

The RICO conspiracy charge provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. According to the terms of the plea agreement, the government will recommend that Menjivar be sentenced to 13 years in prison. Menjivar will also be subject to deportation upon the completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Commissioner Thomas Truco 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 Joseph Cafarelli; and Somerville Police Chief David Fallon made the announcement.

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

BOSTON – Two men, formerly of Hyannis, were sentenced yesterday in federal court in Boston for their roles in a heroin trafficking operation on Cape Cod.

Anthony Hall, 31, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 30 months in prison and three years of supervised release. In January 2017, Hall pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin and possession of heroin with the intent to distribute. Richard Serriello, 29, was sentenced by U.S. District Court Judge Mark L. Wolf to 30 months in prison and five years of supervised release during which time he is forbidden from living on Cape Cod. In September 2016, Serriello pleaded guilty to possession of heroin with the intent to distribute.

In October 2015, federal investigators determined that Nauti-Block leader Denzel Chisholm and his co-conspirators were responsible for a significant quantity of the heroin being distributed on Cape Cod. Serriello purchased large quantities of heroin from Chisholm. In May 2015, Serriello was arrested after a high-speed motorcycle pursuit, wherein police officers recovered nearly 400 grams of heroin from Serriello’s motorbike. Hall, in turn, stored heroin for co-conspirators Christopher Wilkins and Chisholm. Hall also sold heroin to his own customers, including a customer from Martha’s Vineyard. Investigators ultimately seized heroin from this customer, which led, in part, to Hall’s arrest.

In total, 19 members and affiliates of the Nauti-Block were charged with narcotics and firearms offenses as part of the federal investigation. Eighteen have been convicted, including Chisholm, who was convicted by a federal jury.

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Cape and Islands District Attorney Michael O’Keefe; and Barnstable Police Chief Paul MacDonald, made the announcement. Assistant U.S. Attorneys Eric S. Rosen and Miranda Hooker of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Taunton man pleaded guilty today in federal court in Boston for his role in a heroin and fentanyl operation centered in Taunton.

Roger Longmire, 34, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Dec. 4, 2017.

In February 2017, Longmire was arrested and charged along with nine others for his connection to Fernando Hernandez, 42, of Providence, R.I. who led a drug trafficking organization. An additional 12 defendants were charged with conspiring to distribute drugs for another organization led by Jose Antonio Lugo-Guerrero, 31, of Boston.

According to court documents, the organizations led by Lugo-Guerrero and Hernandez distributed heroin and fentanyl from the summer of 2016 until the time of their arrests. Hernandez’s heroin and fentanyl trafficking organization in Taunton allegedly sold heroin and fentanyl to customers including Longmire, who also re-distributed a portion of the drugs he obtained.

The charging statute provides a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William Weinreb; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Richard D. McKeon, 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 Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.

BOSTON – A cocaine and heroin distributor for the Boston street gang, Columbia Point Dawgs (CPD), was sentenced today in federal court in Boston.

Fancisco Arias, 35, of Jamaica Plain, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 175 months in prison and five years of supervised release. In May 2016, Arias pleaded guilty to conspiracy to distribute over five kilograms of cocaine, and over one kilogram of heroin. Arias, one of 48 defendants tied to the CPD, was indicted in June 2015.

Arias, was involved in the importation and distribution of at least five kilograms of cocaine and over four kilograms of heroin in Massachusetts, along with other members and associates of the gang. According to documents filed in court, the 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 the CPD was responsible for the distribution of multiple kilo quantities of heroin, cocaine, crack cocaine, and oxycodone throughout Boston and Maine.

Acting United States Attorney William D. Weinreb; Suffolk County District Attorney Daniel F. Conley; 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; Colonel Richard D. McKeon, 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.

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

Elpi Diaz-Ramos, 27, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 21 months in prison to be served consecutive with a state prison term that he is currently serving, and one year of supervised release. Diaz-Ramos will face deportation proceedings upon completion of his sentence. In June 2017, Diaz-Ramos pleaded guilty to one count of illegal reentry of a deported alien.

Diaz-Ramos had previously been deported in December 2008, April 2009 and September 2010. At some point, Diaz-Ramos returned to the United States and in 2016 he was convicted in Suffolk Superior Court of aggravated assault and battery with a dangerous weapon and sentenced to 5-7 years in state prison.

Acting United States Attorney William D. Weinreb and Matthew Etre, 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.

BOSTON – A former Transportation Security Officer pleaded guilty and was sentenced today in federal court in Boston to fraudulently obtaining over $30,000 in workers’ compensation.

Richard A. Mariani, 76, of West Dennis, pleaded guilty to one count of fraud in obtaining federal employee compensation and was sentenced by U.S. District Court Magistrate Judge M. Page Kelly to six months of probation and ordered to pay $38,052 in restitution to the Department of Labor.

From February 2002 to February 2011, Mariani was employed as a Transportation Security Officer at Barnstable Municipal Airport. After a workplace injury in 2011 that he claimed rendered him unable to work and imposed severe limitations on physical activities, Mariani began collecting workers’ compensation benefits. However, in August 2015, Mariani began providing lawn irrigation services to various clients who paid him in cash for his work. In doing so, Mariani was engaged in many of the physical activities he previously claimed to be unable to do. In addition, he lied on a form to the U.S. Department of Labor stating that he did not earn any income other than his disability benefits. For August 2015 to August 2016, Mariani fraudulently received $38,052 in federal benefits.

The charging statues provides for a sentence of no greater than one year in prison, one year of supervised release, a fine of $100,000, or twice the gross gain/loss, whichever is greater, and restitution. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Thomas E. Williams, Special Agent in Charge of the Transportation Security Authority, Office of Inspection, Investigations Division, Philadelphia Field Office, made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Weinreb’s Public Corruption and Special Prosecutions Unit prosecuted the case.

BOSTON – A former aide at a Lawrence public school was sentenced today in federal court in Boston for drug charges involving kilos of cocaine and thousands of oxycodone pills.

Reynaldo Sanchez, 26, of Lawrence, was sentenced by U.S. District Court Judge William G. Young to five years in prison and four years of supervised release. In May 2017, Sanchez pleaded guilty to attempted possession with intent to distribute oxycodone and possession with intent to distribute cocaine.

In August 2015, federal agents began investigating Sanchez for his involvement in a narcotics and money laundering organization operating in the Boston area. During the investigation, Sanchez arranged to purchase 10–15 kilograms of cocaine for $33,000 per kilogram from undercover federal agents. Between March 29, 2016, and March 31, 2016, Sanchez sought to purchase what he believed were 4,000 oxycodone pills for $12 per pill from an undercover agent posing as a drug courier. At the time of his arrest, Sanchez was carrying with him $48,000 in cash. After executing a search warrant at Sanchez’s residence, agents recovered approximately 2.2 kilograms of cocaine.

Acting United States Attorney William D. Weinreb; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations, Boston Field Office; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police, made the announcement today. Assistance was also provided by the Middlesex County District Attorney’s Office, Massachusetts Bay Transportation Authority Police and the Lawrence, Franklin, Wareham and Dartmouth Police Departments. Assistant U.S. Attorneys David D’Addio and Kelly Begg Lawrence of Weinreb’s Criminal Division prosecuted the case.

BOSTON – A Revere man was indicted today in federal court in Boston on child pornography charges.

Ian Silver-Eck, 21, was indicted on one count of possession of child pornography. In August 2017, Silver-Eck was charged in a criminal complaint and arrested. He has been detained in federal custody since that time.

According to court documents, following an investigation into the online trade of child pornography through Kik Messenger, a text messaging app, law enforcement officers executed a federal search warrant at Silver-Eck’s home in Revere, where they found evidence of child pornography on his cell phone. Silver-Eck is currently on probation following a conviction for a similar offense in state court.

The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to lifetime supervised release, and a fine of $250,000. Due to his prior conviction, Silver-Eck faces a mandatory minimum sentence of 10 years in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case was investigated by the FBI Boston Division’s Human Trafficking-Child Exploitation Task Force with valuable assistance provided by the Boston, Arlington, Newton, and Revere Police Departments. Assistant U.S. Attorney Anne Paruti, Weinreb’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.

Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.

The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

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

BOSTON – A Revere man was indicted today by a federal grand jury in Boston for failing to register as a sex offender.

Steven Veno, 55, was indicted on one count of failing to register as a sex offender. 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. Pursuant to the federal Sex Offender Registration and Notification Act, he is also required to register in any jurisdiction where he lives or works. Law enforcement officers recently became aware that over the past several years Veno has been periodically living and working in Florida, but has never registered in Florida. Veno is presently in custody.

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.

Acting United States Attorney William D. Weinreb and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Anne Paruti, Weinreb’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.

The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and 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/.

BOSTON – A Georgetown woman was sentenced today in federal court in Boston for embezzling over $60,000 from her former employer.

Michelle Higson, 41, was sentenced by U.S. District Court Judge Denise J. Casper to three months in prison, nine months of home confinement, three years of supervised release, and ordered to pay restitution of $60,290. In April 2017, Higson pleaded guilty to one count of bank fraud and two counts of uttering a forged security.

Higson worked as a part-time bookkeeper at a Rowley-based company where she was responsible for handling the company’s accounts payable by using the company’s accounting software program. From December 2013 through January 2015, Higson stole a series of the company’s checks and made them payable to cash. Higson then forged her employer’s signatures on the stolen checks, endorsed them herself, and deposited them for cash, which she used for personal expenses.

To conceal her criminal conduct and avoid detection by company officials, Higson falsified entries in the company’s general ledger to make it appear as if the stolen checks had been issued to satisfy payment to bona fide vendors. In total, Higson embezzled over $60,000.

Acting United States Attorney William D. Weinreb and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Anne Paruti of Weinreb’s Major Crimes Unit prosecuted the case.

BOSTON – A leader of the Boston street gang, Columbia Point Dawgs, was sentenced today in federal court in Boston for trafficking oxycodone.

Demetrius Williams, a/k/a Troll, 30, of Roxbury, was sentenced by U.S. District Court Judge Richard G. Stearns to 151 months in prison and five years of supervised release. In December 2016, Williams pleaded guilty to RICO conspiracy and conspiracy to possess with intent to distribute cocaine, cocaine base and heroin. Demetrius Williams, one of 48 defendants tied to the CPD, was indicted in June 2015 on racketeering, drug trafficking, and firearms charges.

Williams, was involved in the importation and distribution of at least 880 grams of cocaine base, 10 kilograms of cocaine, and 700 grams of heroin in Massachusetts, along with other members and associates of the Columbia Point Dawgs (CPD), including his brothers Yancey Williams and Herbert Small, and father Yancey Calhoun.

According to documents filed in court, the 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 the CPD was responsible for the distribution of multiple kilo quantities of heroin, cocaine, crack cocaine, and oxycodone throughout Boston and Maine.

Yancey Williams previously pleaded guilty and is scheduled to be sentenced on Sept. 19th; Herbert Small pleaded guilty and was sentenced in August 2017 to 37 months in prison; and Yancey Calhoun also pleaded guilty and was sentenced in December 2016 to 60 months in prison.

Acting United States Attorney William D. Weinreb; Suffolk County District Attorney Daniel F. Conley; 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; Colonel Richard D. McKeon, 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.

BOSTON – A former Lieutenant with the Quincy Police Department (QPD) was sentenced today in federal court in Boston after a jury found him guilty of collecting double pay in 2015.

Thomas Corliss, 52, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year and one day in prison and one year of supervised release. In June 2017, Corliss was convicted following an eight-day jury trial of 10 counts of mail fraud and one count of fraud involving federal funds.

An internal investigation by the QPD revealed that Corliss had “double dipped,” or collected double pay for working multiple details and/or police shifts that overlapped on multiple occasions in 2015. While on vacation in the Bahamas and on Martha’s Vineyard in 2015, Corliss left himself on the daily roster rather than using vacation time. In total, Corliss defrauded the QPD of more than $8,000.

Acting United States Attorney William D. Weinreb; Ronald G. Gardella, Special Agent in Charge of the Department of Justice, Office of the Inspector General, New York Field Office; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorneys Dustin Chao and Ryan M. DiSantis of Weinreb’s Public Corruption Unit prosecuted the case.

BOSTON – The former owner of a Boston forensic accounting firm pleaded guilty today in federal court in Boston to understating his income by hundreds of thousands of dollars on his personal income tax returns.

James Carey, 50, pleaded guilty to two counts of making material misstatements on his 2009 and 2010 personal income tax returns. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Nov. 29, 2017. In April 2017, Carey was indicted on two counts of filing false federal tax returns.

Carey, a certified public accountant, owned Carey & Company, a forensic accounting firm in Boston. Carey & Company administered bank accounts on behalf of insurance companies into which the insurance companies and their clients could make deposits, and from which payments could be made on behalf of and to the insurance companies. In November 2009, a customer of one of the insurance companies sent Carey & Company a payment of $594,217 intended for the insurance company, but during the months that followed, Carey transferred almost all of that money out of the account and used it for his own purposes. The money Carey misappropriated from the insurance company was taxable income, which Carey failed to report on his personal income tax return. In addition, in 2010, Carey reported less than one-third of his business’s actual income on his personal income tax return.

The charging statute provides for a sentence of no greater than three years in prison, one year of supervised release, a fine of $250,000, and restitution of unpaid taxes. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb 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 Stephen Heymann and Sara Bloom of Weinreb’s Economic Crimes Unit are prosecuting the case.