District of Massachusetts

BOSTON – A Fairhaven man pleaded guilty today in federal court in Boston to distributing methamphetamine.

Peter Lobo, 54, pleaded guilty today to one count of distributing methamphetamine before U.S. District Court Judge Denise J. Casper, who scheduled sentencing for Oct. 4, 2017.    

In late 2016, an undercover agent posing as a Maine methamphetamine dealer met with Lobo, and on Dec. 12, 2016, Lobo distributed a half pound sample of methamphetamine to the agent.  Two days later, the agent paid Lobo $4,000 for the half pound, and Lobo sold an additional four pounds of methamphetamine to the agent.  A subsequent drug analysis determined that the substance consisted of 1,777 grams of 99% pure d-methamphetamine hydrochloride, also known as “Ice.”

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

BOSTON – A Honduran man was sentenced today in federal court in Boston for illegally reentering the United States after deportation.

Rumeni D. Romero, 32, was sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to 42 months in prison and three years of supervised release. Romero will be subject to deportation upon completion of his sentence. In April 2017, Romero pleaded guilty to one count of illegal reentry of a deported alien.

In January 2017, Romero was encountered by law enforcement in Chelsea and determined to be illegally present in the United States.  Between 2006 and 2013, Romero was deported four times.

Acting United States Attorney William D. Weinreb and Matthew 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 Hingham man was sentenced today in federal court in Boston for defrauding neighbors and other acquaintances of approximately $437,000.

 

Stephen S. Eubanks, 48, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 30 months in prison, three years of supervised release, and ordered to pay $437,609 in restitution to his victims. In April 2017, Eubanks pleaded guilty to one count of wire fraud.

 

In February 2010, Eubanks opened Eubiquity Capital LLC, a hedge fund that took in over $700,000 in investor funds by 2016. Eubanks was previously a registered broker with several large brokerage firms, but was terminated in the wake of customer complaints and other disciplinary issues. In 2013 and 2014, Eubanks nonetheless presented himself to acquaintances as a financial advisor running a hedge fund affiliated with Goldman Sachs, TD Ameritrade, UBS Bank and Fidelity Investments. One of the acquaintances invested $125,000 with Eubanks, while the other invested $20,000. In 2013, a Florida resident invested $50,000 with Eubanks.

 

Eubanks, who defrauded over 20 people, invested some of his clients’ funds, but used a significant portion for personal expenses. Moreover, when asked for account statements summarizing the fund’s performance, Eubanks fabricated account statements or used account statements from unrelated accounts to deceive his clients into believing that their money had earned a healthy return. In some instances, Eubanks ran the fund as a Ponzi scheme, using money deposited with him by newer investors to pay returns to earlier investors.

 

Acting United States Attorney William D. Weinreb; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The Massachusetts Securities Division, which conducted an earlier civil investigation of Eubanks, provided significant assistance to the U.S. Attorney’s Office. Assistant U.S. Attorney Andrew E. Lelling of Weinreb’s Economic Crimes Unit prosecuted the case.

BOSTON – A Fall River man pleaded guilty yesterday in federal court in Boston to his role in a heroin and fentanyl trafficking operation in Taunton and surrounding communities.

Christian Sostre, 23, pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin and fentanyl. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for Oct. 10, 2017.

After a 15-month investigation, Sostre and 24 others were arrested and charged in October 2015 in connection with a heroin trafficking ring led by Dedwin Cruz-Rivera operating primarily in southeastern Massachusetts. An April 2016 superseding indictment brought the total number of defendants charged to 26.

Sostre assisted co-defendant Dedwin Cruz-Rivera, who is scheduled to change his plea on July 14, 2017, with all aspects of the drug trafficking operation.  Sostre took delivery of illegal narcotics, helped prepare the drugs for resale, delivered money to pay for drugs, collected money from the operation’s customers, and drove Cruz-Rivera to various locations in connection with the drug trafficking.  

All but three of the conspirators charged have pleaded guilty and 14 of the defendants have already been sentenced.

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

Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Assistant U.S. Attorneys Thomas E. Kanwit and Karen Beausey of Weinreb’s Narcotics and Money Laundering Unit are prosecuting the cases.

BOSTON – A document broker was sentenced today in federal court in Springfield for trafficking the identities of Puerto Rican citizens and corresponding identity documents.

Sandro Tavera Mora, a/k/a Jose Laureano Ayala, 46, a Dominican national, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 27 months in prison.  He is also subject to deportation upon completion of his sentence.  On May 4, 2017, Tavera Mora pleaded guilty to false personation of U.S. citizenship, fraud and misuse of visas, and conspiracy to possess and transfer identification documents.

Tavera Mora operated as a document broker in Springfield, buying, possessing, transferring and selling personal identifying information contained in legitimate government documents belonging to residents of Puerto Rico. Tavera Mora admitted that the customers who purchased these documents were illegal aliens who used the information to assume the identity of United States citizens in order to apply for other identity documents. Tavera Mora knew that these customers would use these documents to violate federal law, including Social Security fraud and the impersonation of a United States citizen.

Upon his arrest, Tavera Mora falsely identified himself as “Jose Laureano Ayala,” a U.S. citizen born in Puerto Rico, and possessed a fraudulent Puerto Rico driver’s license and a U.S. Social Security card in the same name. He also possessed a fraudulent Dominican passport that contained a non-immigration U.S. Visa with fraudulent admittance record and a Customs and Border Patrol admittance stamp.

Acting U.S. Attorney William D. Weinreb; Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Thomas D. Homan, Acting Director of U.S. Immigration and Customs Enforcement; and Guy J. Cottrell, Chief Postal Inspector for the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney Kevin O’Regan, Chief of Weinreb’s Springfield Branch Office and Trial Attorney Marianne Shelvey of the Justice Department’s Criminal Division prosecuted the case.

Potential victims and the public may obtain information about the case at: www.justice.gov/criminal/vns/caseup/beltrerj.html. Anyone who believes their identity may have been compromised in relation to this investigation may contact the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) and its online tip form at www.ice.gov/tipline. Anyone who may have information about particular crimes in this case should also report it to the ICE tip line or website.

BOSTON – A Windsor, Conn. woman was sentenced today in federal court in Springfield, Mass., for stealing over $250,000 from her employer. 

Angela M. Craig, 55, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 21 months in prison, three years of supervised release, and ordered to pay approximately $254,000 in restitution, after pleading guilty to one count of wire fraud in March 2017.

From July 2012 through May 2014, Craig stole more than $250,000 from her Massachusetts employer by writing company checks to herself, forging her employer’s signature and then cashing or depositing the checks.  Craig concealed her theft by entering false invoices in her employer’s accounting system and by failing to pay company bills and taxes. 

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. Assistant U.S. Attorney Deepika Bains Shukla of Weinreb’s Springfield Branch Office prosecuted the case. 

BOSTON – A Boston man was sentenced yesterday in federal court in Boston for armed bank robbery.

Kenneth E. Denny, 61, was sentenced by U.S. District Court Judge Denise J. Casper to 51 months in prison and three years of supervised release after pleading guilty in April 2016. He is currently in custody in New York for armed bank robbery, and the sentence imposed today will run concurrent to his sentence in Buffalo.

On July 24, 2015, Denny entered a branch of the Citizens Bank on Washington Street in Brighton and handed the teller a demand note. He removed what appeared to be a bomb from a newspaper he was carrying and placed it on the teller’s counter, demanding money.  The teller handed Denny $4,040. When Denny turned to exit the bank, he was confronted by the bank’s manager, at which time he dropped the bag of money, headed toward the exit door and removed a white cell phone from his pocket and stated: “I am going to blow it up.”  Denny then exited the bank and was observed heading down Washington Street.  The bomb was later determined by law enforcement to be a hoax. 

The suspect had also left his wallet on the teller’s counter containing a Massachusetts Identification Card with the name Kenneth E. Denny and a headshot.  Law enforcement recalled that they had observed an individual resembling the man in the photo heading down Washington Street as they were approaching the bank just a few minutes earlier.  Denny was later located and asked his name, to which he replied, “Kenneth Denny.” When Denny was asked to produce some identification, he stated he must have lost his wallet. Bank employees subsequently picked Denny out of a line-up as the individual who had robbed them.

Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William B. Evans made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.  

BOSTON – An Athol man was sentenced today in federal court in Worcester for possession of child pornography.

Arthur Cummings, 49, was sentenced by U.S. District Court Judge Timothy S. Hillman to 30 months in prison and five years of supervised release. In May 2017, Cummings pleaded guilty to one count of possession of child pornography.

On March 10, 2016, a federal search warrant was executed at Cummings’ residence based upon an investigation into individuals who use anonymizing software to traffic in child pornography on the “dark web,” a part of the internet accessible only by special software allowing users to remain anonymous.  A forensic review of a laptop seized from Cummings’ home revealed the presence of more than 100 images of child pornography and 10 videos, many of which depicted prepubescent children and toddlers engaged in sexual intercourse with adult men.

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; Worcester Police Chief Steven M. Sargent; and Athol Police Chief Russel Kleber 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 – Wilson Guerrero-Lagos, 34, a Honduran national residing in Worcester, pleaded guilty and was sentenced today by U.S. District Court Judge Timothy S. Hillman to time served and two years of supervised release. Guerrero-Lagos will be subject to deportation.

On Jan. 26, 2017, Guerrero-Lagos was encountered by law enforcement in Worcester and determined to be unlawfully present in the United States. Guerrero-Lagos was previously deported on Nov. 8, 2007.

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

BOSTON – A Haverhill man, with prior criminal convictions in New York, was sentenced today in federal court in Boston for drug and firearm offenses.

Gamal Jones, 37, was sentenced by U.S. District Court Judge Leo T. Sorokin to 90 months in prison and three years of supervised release. On April 7, 2017, Jones pleaded guilty to one count of being a felon in possession of a firearm and ammunition and three counts of possession with intent to distribute cocaine. 

Jones was arrested on Jan. 14, 2016, following an investigation into cocaine distribution in Haverhill. Jones was found in possession of over 80 grams of crack cocaine, a Taurus .45 caliber handgun and a box of .45 caliber ammunition.  Jones was previously convicted in federal court in Brooklyn, N.Y., for being a felon in possession of a firearm and has prior convictions for criminal possession of a controlled substance, criminal possession of a loaded firearm, and assault in the third degree.

Acting United States Attorney William D. Weinreb and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement today.  Assistant U.S. Attorneys Nicholas Soivilien and John T. McNeil of Weinreb’s Criminal Division prosecuted the case.

 

BOSTON - A Pennsylvania man was convicted today following a seven-day jury trial in federal court in Boston of attempting to engage in sexual activity with a nine-year-old boy he met via online PlayStation games.

Robert Rang, 28, of Coaldale, Penn., was found guilty of one count of attempted coercion and enticement of a minor. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 28, 2017. Rang was arrested and charged by criminal complaint on Dec. 29, 2014.

On Oct. 29, 2014, a Massachusetts woman contacted her local police department to report that her nine-year-old grandchild, with whom she lived, had been in contact with an adult male via Sony PlayStation and text message.  The woman discovered the illicit contact when she observed sexually explicit messages from Rang on her grandchild’s iPod.

Further investigation revealed that Rang had been communicating with the child for months via PlayStation, telephone, and Facebook.  During that time, Rang sent the child gift cards to make PlayStation-related purchases.  Over the course of several months, Rang asked the child to masturbate with him and send him naked pictures; the child refused Rang’s requests. 

When law enforcement executed a federal search warrant at Rang’s Coaldale home on Dec. 29, 2014, they found several images of child pornography on Rang’s cell phone, as well as evidence of his sexually explicit communications with other minors, and confirmation that Rang had made plans to visit the child in Massachusetts. Rang has a prior conviction for corruption of minors in Schuylkill County, Penn.

The charge provides for a minimum of 10 years to life in prison, supervised release for a minimum of five years to life, 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; Shelly Binkowski, Inspector in Charge of U.S. Postal Inspection Service, Boston Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Plymouth County Sherriff Joseph D. McDonald Jr., and Plymouth Police Chief Michael E. Botieri made the announcement today. Assistant U.S. Attorneys David G. Tobin and Anne Paruti of Weinreb’s Major Crimes Unit prosecuted the case.

 

BOSTON – A Rhode Island man was sentenced this afternoon in federal court in Boston for failing to register as a sex offender.

 

Michael Plant, 42, was sentenced by U.S. District Court Judge Denise J. Casper to time served and five years of supervised release, to include six months of home confinement. In March 2017, Plant pleaded guilty to one count of failing to register as a sex offender.

 

Plant was convicted on state charges of second degree child molestation in April 4, 2000, and is therefore required to register as a sex offender in Rhode Island. In addition, federal and state law require Plant to register any address where he works or lives. While Plant registered a home address in Newport, R.I., he failed to register either the address of his Massachusetts employer or a secondary residential address in Fall River, Mass., from February 2015 to October 2016.

 

Acting United States Attorney William D. Weinreb and John Gibbons, U.S. 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, prosecuted the case.

 

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

BOSTON – A Worcester man was arrested today as part of a coordinated federal and state effort that resulted in the arrests of nine individuals who have been charged with firearm-related offenses.

Steven Rivera, 24, was charged by complaint with one count of being a felon in possession of ammunition.  Rivera will be detained pending a hearing scheduled for July 13, 2017.

According to the complaint unsealed today, Rivera – who had previously been convicted of multiple felonies, including a drug-related offense – sold two handguns and numerous rounds of ammunition to a cooperating source in Worcester on Feb. 14, 2017.  One of the handguns had an obliterated serial number, and the other had been stolen.  The complaint also alleges that on Feb. 28, 2017, Rivera sold two other handguns and numerous rounds of ammunition to the same cooperating source.  In addition, during a recorded phone call, Rivera offered to sell heroin to the cooperating source and referenced that someone “almost dropped” from some particularly potent heroin.

Eight others were arrested on state charges as part of the investigation into gun and narcotics trafficking in the Worcester area. During the course of the investigation, law enforcement purchased nine guns from nine defendants, including several handguns, two shotguns, and an assault rifle with a 100-round capacity drum magazine; multiple rounds of ammunition; and narcotics. Law enforcement seized several more guns today during the sweep.

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

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; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Worcester County District Attorney Joseph D. Early Jr.; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office 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 Salvadoran national was charged today in federal court in Boston with a federal immigration crime.

Amilcar Menjivar Umana, 38, was charged today with one count of illegal reentry after deportation. Menjivar Umana was previously deported on March 20, 2014. On May 12, 2017, law enforcement encountered Menjivar Umana and determined him to be illegally present in the United States.

Menjivar Umana faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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 the case.

 

BOSTON – A Lawrence man was sentenced yesterday in federal court in Boston for money laundering, transacting in criminally-derived property, and theft of public funds. 

Leonardo Lara, 36, was sentenced by U.S. District Court Judge Rya W. Zobel to 15 months in prison, three years of supervised release, and ordered to pay restitution in the amount of $67,871. In March 2017, Lara pleaded guilty to two counts of laundering monetary instruments, two counts of transacting in criminally-derived property, and five counts of theft of government funds.

On at least 10 occasions between January and March 2012, Lara converted fraudulent United States Treasury tax refund checks for his own use.  He deposited into his personal checking account at least 10 fraudulent tax refund checks payable in the names of taxpayers in Puerto Rico and elsewhere that resulted from the filing of fraudulent tax returns in tax years 2010 and 2011.  Each of the tax refund checks was endorsed with the purported signature of the payee taxpayer and the notation “pay to the order of Leonardo Lara” along with the defendant’s signature.  The payees of the tax refund checks did not earn the wages reported in the tax returns and were unaware that the tax returns had been filed in their names.  Shortly after the tax refund checks cleared, Lara made cash withdrawals from the account.  In total, he converted at least $67,871 in government funds for his own use.

In addition, on two occasion, Lara purchased property in Lawrence through transactions designed to conceal the nature and source of his proceeds. On Feb. 12, 2012, he purchased a cashier’s check in the amount of $56,574 and used it to purchase property. The funds were withdrawn from an account controlled by Lara and held in the name of JZE LLC., a bank account funded, at least in part, by structured cash deposits, and the funds withdrawn from the bank had been derived, at least in part, from Lara’s theft of public funds.  On March 16, 2012, Lara purchased another cashier’s check for $60,657 and used it to purchase another property in Lawrence. 

Lara was also involved in certain drug activity involving the distribution of oxycodone pills.  Over a two-year period, approximately $475,000 was deposited into accounts controlled by Lara, none of which was explained by any legitimate sources of income. 

Acting United States Attorney William D. Weinreb; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division in Boston; and Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division, made the announcement today.  Assistant U.S. Attorney Linda M. Ricci of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – An Illinois man pleaded guilty yesterday in federal court in Springfield to two child exploitation charges. 

Zack Sawyer, 32, pleaded guilty to two counts of attempted sexual exploitation of minors before U.S. District Court Judge Mark G. Mastroianni, who scheduled sentencing for Sept. 21, 2017.

Around May 2010, Sawyer used X-Box Live to contact two 13 year-old boys in Hampshire County, Mass., and asked them both to send him nude photographs. When the first boy refused, Sawyer threatened to rape and kill him. Sawyer then asked the second boy, and when he, too, refused, Sawyer again threatened rape, adding that he had a drug that would paralyze people.

Sawyer also admitted to enticing a third minor boy in Loudon County, Va., to pose for a sexually explicit picture over the internet.  Sawyer met the boy while playing the online game Minecraft.  Sawyer also sent a sexually explicit picture of himself to the boy, and Sawyer continued to ask the boy for sexually explicit videos.

The charging statute provides for a mandatory minimum sentence of 15 years and a maximum of 30 years in prison, a mandatory minimum of five years and a maximum of a lifetime of supervised release, a fine of $250,000 and restitution. If the plea agreement is accepted by the Court, Sawyer will be sentenced to 15 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; United States Attorney for the Eastern District of Virginia, Dana J. Boente; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office and Assistant U.S. Attorney Jay Prabhu of Boente’s Cybercrime Unit are prosecuting the case.

The case is brought as part of Project Safe Childhood.  In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse.  Led by 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 - A Guatemalan national was charged today in federal court in Boston with illegally reentering the United States after being deported.

Noe Estuardo Castaneda Marroquin, 31, was charged today with one count of illegal reentry after deportation. Castaneda Marroquin was previously deported on May 19, 2005. On June 12, 2017, law enforcement encountered Castaneda Marroquin in Barnstable and determined him to be illegally present in the United States.

Castaneda Marroquin 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 the case.

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

Mario Antonio Najera-Salguero, 30, was charged today with one count of illegal reentry after deportation. Najera-Salguero was previously deported on Nov. 13, 2009. On June 14, 2017, law enforcement encountered Najera-Salguero in Boston and determined him to be illegally present in the United States.

Najera-Salguero 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 the case.

BOSTON – A man who had been a fugitive for more than 20 years before his arrest in Florida in April 2017, was indicted yesterday in connection with a $1.7 million real estate investment fraud scheme in Quincy, Mass. His ex-wife was also indicted for lying about the whereabouts of her former spouse prior to his arrest.

 

Scott J. Wolas, 68, who, according to court documents, also used aliases identified by initials EJD, DD, FA, EA, and CS, was indicted on seven counts of wire fraud and one count of aggravated identity theft. In April 2017, Wolas was arrested in Delray Beach, Fla., and charged in a complaint. He has been detained pending trial.

 

Cecily Sturge, 69, of Delray Beach, Fla., was indicted on charges of making a materially false statement to a federal agent about the whereabouts of her ex-husband, Scott J. Wolas. Earlier this month, Sturge was arrested and charged by criminal complaint.

 

According to court documents, from at least 2009 through 2016, Wolas, using the name Eugene Grathwohl, operated a real estate business known as Increasing Fortune Inc., and worked as a licensed real estate agent for Century 21 in Quincy. From 2014 through 2016, he solicited investments for the development of the Beachcomber Bar property on Quincy Shore Drive and for the construction of a single-family home on the adjacent property. He collected more than $1.7 million from at least 20 investors and promised each of them a significant return on their investments. He allegedly promised to pay out at least 125% of the profits related to the single-family home construction. The court documents also indicate that the bank account into which Wolas deposited investor funds has been drained, and that Wolas used the money mostly for his personal expenses unrelated to development of the real estate projects.

 

Wolas was scheduled to close on the Beachcomber property on Sept. 15, 2016. A week before, however, he left Quincy and ceased all contact with his then-girlfriend, his co-workers, and his investors. Law enforcement then discovered that Grathwohl was actually Wolas, a former lawyer who had been a fugitive since 1997 after being charged with fraud and grand larceny in New York. The real EJG resides in Florida and is known to Wolas.

 

According to court documents, law enforcement officers interviewed Sturge, Wolas’ ex-wife, on Nov. 17, 2016. During the interview, Sturge said that she had not been in contact with her ex-husband for approximately 15 years. Sturge continued to say that this was so, despite evidence of contact between her cell phone and one known to belong to Wolas that demonstrated more recent communication between the two.

 

After further investigation, Wolas was arrested on April 7, 2017, at a condominium he was renting in Delray Beach, Fla. Investigators learned that Wolas had first rented the room in the condo from Nov. 12 through Nov. 21, 2016, through an online rental website in the name of Cecily Sturge. Messages exchanged between the condo owner and Sturge depicted a photo of Sturge and messages claiming that Wolas (using the name Cameron Sturge) was Sturge’s brother and a retired paleontologist in need of a place to stay. The owner of the condo told authorities that Sturge and Wolas arrived at the condo together in the same car on Nov. 12, 2016, five days before Sturge’s interview with law enforcement.

 

Sturge was divorced from Wolas in 2001 by default judgment in Palm Beach County, Fla. In February 2017, Sturge filed a petition to modify the judgment in order to obtain the contents of Wolas’ retirement account, which had a balance of approximately $647,000, from the New York law firm where he worked prior to being indicted in 1997 by New York authorities. In pleadings filed in February and March 2017 regarding that matter, Sturge swore that Wolas’ whereabouts were unknown to her, despite telephone records showing frequent contact between the two. In addition, copies or drafts of documents filed in the Florida proceeding, along with a thumb drive, were found in the room where Wolas was arrested. The United States has obtained a court order freezing the retirement account until the resolution of the criminal proceedings.

 

The 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 up to $250,000 or twice the gross gain or loss. The charge of aggravated identity theft provides for a minimum of two years in prison, which must be served consecutively to any term for the wire fraud, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the US sentencing guidelines and other statutory factors.

 

Acting United States Attorney William Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Quincy Police Chief Paul Keenan, made the announcement. Assistant U.S. Attorneys Sandra S. Bower of Weinreb’s Criminal Division and David G. Lazarus and Brendan Mockler of Weinreb’s Civil Division are prosecuting the case.

BOSTON – A Fall River man was sentenced Tuesday in federal court in Boston in connection with a wide-ranging conspiracy that distributed cocaine and heroin throughout Bristol County, Mass., and Providence, R.I.

Nuno Fonseca, a/k/a “Farigno,” 38, of Fall River, was sentenced by U.S. District Court Judge Rya W. Zobel to 130 months in prison and five years of supervised release. In November 2016, Fonseca pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute cocaine and one count of conspiracy to distribute and possess with the intent to distribute heroin.

Fonseca was one of 10 individuals involved in a drug trafficking operation headed by Luis Lopez that imported hundreds of kilograms of cocaine from Puerto Rico to New Bedford and Fall River, as well as distributed heroin, fentanyl, and acetylfentanyl in Bristol County. Co-defendants Jorge Sanchez-Lopez allegedly coordinated shipments of cocaine through the U.S. Mail with the assistance of Chindy Diaz, who received cocaine-filled packages on Lopez’s behalf and delivered it to Lopez at his Fall River residence. Israel Santiago also helped coordinate the receipt of cocaine on behalf of Lopez. Lopez then sold the cocaine to other drug dealers, including Nuno Fonseca and Tyson Britto.

Fonseca trafficked large quantities of narcotics that he received from Lopez. On three occasions in February, March, and April 2016, federal agents witnessed the transfer of five kilograms of cocaine from Lopez to Fonseca, and in June 2016, agents intercepted telephone calls indicating that Lopez supplied Fonseca with 100 grams of heroin. In addition, Fonseca evaded arrest in June 2016, and fled. He was arrested six weeks later at his home in Fall River.

In June 2016, the 10 defendants were charged for their individual roles in the operation. Nine of the conspirators have pleaded guilty and five, including Fonseca, have been sentenced. In January 2017, Luis Lopez was sentenced to 15 years in prison and five years of supervised release, and Sharik Mendes was sentenced to 30 months in prison. In April 2017, Tyson Britto and Israel Santiago were sentenced to 78 months in prison and two years in prison, respectively. Chindy Diaz pleaded guilty in October 2016 and is awaiting sentencing; Tyson Depina and Eric Desousa pleaded guilty in April 2017 and will be sentenced July 13, 2017. Jorge Sanchez-Lopez has a court date scheduled for Aug. 8, 2017.

Acting United States Attorney William D. Weinreb; 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; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney Eric Rosen of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the cases.

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

 

BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for falsely representing a number to be his social security number.

Luis Miguel Mejia Lugo, 25, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to time served and was taken into federal custody for deportation proceedings.  On June 16, 2017, Mejia Lugo pleaded guilty to one count of misuse of a social security number.

On June 3, 2016, a man who identified himself as “Josue Marrero,” but who later was identified as Mejia Lugo, was arrested in Methuen for armed robbery and firearms charges. When Mejia Lugo was booked early the following morning, in order to hide his true identity, he represented a number to be his social security number when in fact it was not.

Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and Essex County Sheriff Kevin F. Coppinger made the announcement today. Assistance with the investigation was provided by the U.S. Citizenship and Immigration Services, the Social Security Administration, and the FBI’s Criminal Justice Information Service. Assistant U.S. Attorneys Kelly Begg Lawrence and Robert E. Richardson of Weinreb’s Major Crimes Unit prosecuted the case. 

BOSTON - A Dominican national was charged today in federal court in Boston with a federal immigration crime.

Emerson Geraldo Garcia Alvarez, 35, was charged today with one count of illegal reentry after deportation. Garcia Alvarez was previously deported on June 17, 2014. On May 31, 2017, law enforcement encountered Garcia Alvarez in Boston and determined him to be illegally present in the United States.

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

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 the case.

 

 

BOSTON – A former executive of Boston-based State Street Corporation pleaded guilty today to conspiring to defraud at least six of the bank’s clients through secret commissions applied to billions of dollars of securities trades. A second executive of the bank has agreed to plead guilty to participating in the conspiracy at a hearing scheduled for later this month.

 

Edward Pennings, 46, of Surrey, England, pleaded guilty to one count of conspiracy to commit securities fraud and wire fraud. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Dec. 11, 2017.

 

According to admissions made in connection with the guilty plea, Pennings, a former senior managing director of State Street Corporation and the head of its Portfolio Solutions Group for Europe, the Middle East and Africa, conspired to add secret commissions to fixed income and equity trades performed for at least six clients of the bank’s “transition management” business, which helps institutional clients move their investments between and among asset managers or liquidate large investment portfolios. The commissions were charged on top of fees the clients had agreed to pay the bank, and despite written instructions to the bank’s traders that generally reflected that the clients were not to be charged trading commissions.

 

Richard Boomgaardt, 44, of Sevenoaks, England, a former managing director of State Street who reported to Pennings, was separately charged on June 6, 2017, with one count of conspiracy to commit securities fraud and wire fraud. Boomgaardt is scheduled to plead guilty on July 12, 2017 before U.S. District Court Judge Denise J. Casper.

 

In March 2016, Pennings and Ross McLellan, 45, of Hingham were charged in a five-count indictment. The charges against McLellan, a former executive vice president of State Street and president of its broker-dealer subsidiary in the United States, are pending.

 

Acting United States Attorney William D. Weinreb of the District of Massachusetts, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Stephen E. Frank, Chief of Weinreb’s Economic Crimes Unit, and Trial Attorney Aisling O’Shea of the Criminal Division’s Fraud Section are prosecuting the case.

 

The charges contained in the charging documents are merely accusations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

A former executive of Boston-based State Street Corporation pleaded guilty today to conspiring to defraud at least six of the bank’s clients through secret commissions applied to billions of dollars of securities trades. 

 

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney William D. Weinreb of the District of Massachusetts and Special Agent in Charge Harold M. Shaw of the FBI’s Boston Field Office made the announcement. 

 

Edward Pennings, 46, of Surrey, England, pleaded guilty before U.S. District Judge Leo T. Sorokin of the District of Massachusetts to one count of conspiracy to commit securities fraud and wire fraud. Pennings is scheduled to be sentenced on December 11. 

 

According to admissions made in connection with the guilty plea, Pennings, a former senior managing director of the bank and the head of its Portfolio Solutions Group for Europe, the Middle East and Africa, conspired to add secret commissions to fixed income and equity trades performed for at least six clients of the bank’s “transition management” business, which helps institutional clients move their investments between and among asset managers or liquidate large investment portfolios. The commissions were charged on top of fees the clients had agreed to pay the bank, and despite written instructions to the bank’s traders that generally reflected that the clients were not to be charged trading commissions.

 

In March 2016, Pennings was charged in a five-count indictment along with Ross McLellan, 45, of Hingham, Massachusetts. The charges against McLellan, a former executive vice president of State Street and president of its broker-dealer subsidiary in the U.S., remain pending.

 

The charges contained in an indictment are merely accusations, and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

 

The case is being prosecuted by Trial Attorney Aisling O’Shea of the Criminal Division’s Fraud Section and Economic Crimes Unit Chief Stephen E. Frank of the District of Massachusetts.

BOSTON – A Boston Police Sergeant Detective was charged today in federal court in Boston with repeatedly making false statements so that he could fly armed on personal trips and enable a friend to fly with him without being screened by security personnel at Boston’s Logan International Airport.

 

Bruce E. Smith, 53, of Randolph, was charged in a criminal complaint with making false statements to the Transportation Security Administration (TSA) and the Department of Homeland Security, as well as with unlawfully entering a secure airport area with intent to evade security requirements. Smith is scheduled to appear today at 2:30 p.m. before U.S. District Court Magistrate Judge Jennifer C. Boal.

 

According to court documents, Smith has been employed with the Boston Police Department (BPD) since 1989 and is currently a Sergeant Detective assigned to District E-13, Jamaica Plain, as a district detective supervisor.

 

The complaint alleges that between April 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, Leroy Ross, through Logan Airport without security screening. Smith falsely claimed that Ross was a “dignitary” under Smith’s official police escort. When questioned by TSA security personnel as to what type of dignitary Ross was, Smith falsely replied, “I am not at liberty to divulge that information.” In fact, Ross, who has a criminal record, is not a dignitary, but a mobile HIV clinic operator in Randolph. According to the complaint, Smith also fraudulently requested and received overtime pay for an intelligence meeting/event in Boston that he did not attend because he was on personal travel in North Carolina.

 

The charging statutes provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. 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, 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. The case is being prosecuted by Assistant U.S. Attorney Zachary R. Hafer of Weinreb’s Public Corruption and Special Prosecutions Unit.

BOSTON – A South Boston woman was sentenced today in federal court in Boston for using false social security numbers.   

Dana Whidbee, a/k/a Dana De Alasei, 53, was sentenced by U.S. District Court Judge Rya W. Zobel to one year and one day in prison and 18 months of supervised release. In May 2017, Whidbee pleaded guilty to two counts of falsely representing a social security number.  

In September 2013 and May 2014, Whidbee used two false social security numbers to apply for a job and housing, respectively. Whidbee also used one of the social security numbers to open two bank accounts in 2014.

Acting United States Attorney William D. Weinreb; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and David W. Hall, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office, made the announcement today.  Special Assistant U.S. Attorney Karen Burzycki of Weinreb’s Major Crimes Unit prosecuted the case.

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

Dario Pineda Garcia, 49, was sentenced by U.S. District Court Judge Indira Talwani to 11 months in prison, three years of supervised release, and will be subject to deportation upon completion of his sentence. In April 2017, Pineda Garcia pleaded guilty to one count of illegal reentry of a deported alien.

In November 2016, law enforcement encountered Pineda Garcia in Chelsea and determined him to be unlawfully present in the United States. Pineda Garcia had been deported in April 2007.

Acting United States Attorney William D. Weinreb and Matthew 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 prosecuted the case. 

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

Juan Antonio Colon, 52, was sentenced by U.S. District Court Judge William G. Young to 30 months in prison and two years of supervised release. Colon will be subject to deportation upon completion of his sentence.

On Nov. 9, 2016, after a motor vehicle stop in Roxbury, law enforcement officers arrested Colon for possession of Oxycodone, giving a false name, and operating with a suspended registration. Despite Colon’s altered fingerprints, federal agents were able to positively identify him using their comparative fingerprint analysis tool. Further investigation revealed that Colon was previously deported from the United States in May 2009 and July 2013.

 

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

BOSTON – A Brazilian national was arrested yesterday and charged in federal court in Boston with making unauthorized withdrawals from ATMs at three banks in Lynn using “cloned” debit cards.

Helisson Benazi de Souza, 37, of Sao Paulo, Brazil, was charged with one count of access device fraud. U.S District Court Magistrate Judge Jennifer C. Boal ordered de Souza detained following an initial appearance in federal court.

According to court documents, between approximately noon and 1:30 pm on May 25, 2017, de Souza withdrew over $6,000 from ATMs at three banks in Lynn from accounts that did not belong to him. Law enforcement immediately apprehended de Souza, arrested him, and impounded his rental car. Inside the car police found thousands of dollars in cash, all in $20 bills. They also found over 200 gift cards with small stickers on them. Using a magnetic strip reader, federal agents read the magnetic strip data on the gift cards, which revealed that 15 of the cards matched debit cards associated with valid JPMorgan Chase bank accounts from which unauthorized withdrawals had been made at the three Lynn banks between approximately noon and 1:30 pm on May 25, 2017. When questioned, de Souza admitted to using the cards to withdraw money from ATMs and that the stickers on the cards contained the PINS of the individual cardholders.

The charging statute provides for a sentence of no greater than 15 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and Lynn Police Chief Michael A. Mageary made the announcement today. Assistance was also provided by the Essex County District Attorney’s Office. Assistant U.S. Attorney Christine Wichers of Weinreb’s Major Crimes Unit is prosecuting the case.

The owner and head pharmacist of New England Compounding Center (NECC) was sentenced today to nine years in prison in connection with the 2012 nationwide fungal meningitis outbreak, the Department of Justice announced today.

Barry Cadden, 50, of Wrentham, Massachusetts, was sentenced by U.S. District Court Judge Richard G. Stearns to serve 108 months in prison and three years of supervised release, and forfeiture and restitution in an amount to be determined later. In March 2017, Cadden was convicted by a federal jury of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead.

“Barry Cadden put profits ahead of patients,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Under his direction, employees assured customers that they were getting safe drugs, while Cadden ignored grave environmental failures, used expired active ingredients, and took innumerable other production shortcuts that led to numerous, entirely preventable deaths. As Cadden’s sentence reflects, the Justice Department's Consumer Protection Branch is committed to prosecuting those who put the health of Americans at risk.”

“Barry Cadden put profits over patients,” said Acting U.S. Attorney William D. Weinreb for the District of Massachusetts. “He used NECC to perpetrate a massive fraud that harmed hundreds of people. Mr. Cadden knew that he was running his business dishonestly, but he kept doing it anyway to make sure the payments kept rolling in. Now he will have to pay for his crimes.”

“Protecting Americans from unsafe and contaminated drugs is at the core of our mission,” said FDA Commissioner Scott Gottlieb, M.D. “Patients should not have to worry about the safety and sterility of the drugs they are prescribed. Since this tragedy, Congress has given the FDA important new authorities, and the agency has implemented key policies, all to provide a greater assurance of safety over compounded medicines. As part of these efforts, we will continue to hold accountable those who violate the law and put patients at risk.”

“Today, Barry Cadden was held responsible for one of the worst public health crises in this country’s history, and the lives of those impacted because of his greed, will never be the same,” said Special Agent in Charge Harold H. Shaw of the FBI, Boston Field Division. “This deadly outbreak was truly a life-changing event for hundreds of victims, and the FBI is grateful to have played a role, alongside our law enforcement partners, in bringing this man to justice.”

In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. Of those 753 patients, the U.S. Centers for Disease Control and Prevention (CDC) reported that 64 patients in nine states died. The outbreak was the largest public health crisis ever caused by a pharmaceutical product.

Specifically, Cadden directed and authorized the shipping of contaminated MPA to NECC customers nationwide. In addition, he authorized the shipping of drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, and compounded drugs with expired ingredients. Furthermore, certain batches of drugs were manufactured, in part, by an unlicensed pharmacy technician at NECC. Cadden also repeatedly took steps to shield NECC’s operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. In fact, NECC routinely dispensed drugs in bulk without valid prescriptions. NECC even used fictional and celebrity names on fake prescriptions to dispense drugs, such as “Michael Jackson,” “Freddie Mae” and “Diana Ross.”

“Today’s sentencing demonstrates the ongoing commitment of the Defense Criminal Investigative Service (DCIS) to protect the integrity of TRICARE, the U.S. Defense Department's health care program,” stated Special Agent in Charge Leigh-Alistair Barzey of DCIS, Northeast Field Office. “DCIS will continue to work with its law enforcement partners to identify and investigate individuals who disregard pharmaceutical and drug regulations and endanger the health and safety of U.S. military members and their families.‎”

“No veterans receiving VA care were harmed by the fungal meningitis outbreak,” said Special Agent in Charge Donna L. Neves for the Department of Veterans Affairs, Office of Inspector General (VA-OIG). “The VA Office of Inspector General, together with its law enforcement partners, will persist in working drug adulteration cases to ensure veterans continue to receive safe and effective medications for the purpose of healing their ailments.”

“Today’s sentencing is an example of the dedicated work of law enforcement, along with the U.S. Attorney’s Office Health Care Fraud Unit in their steadfast pursuit of justice in the largest public health crisis caused by a pharmaceutical product in this nation’s history,” said Inspector in Charge Shelly Binkowski of the U.S. Postal Inspection Service. “The U.S. Postal Inspection Service will continue to be vigilant in investigating cases where the U.S. mail is used to put our nation’s citizens at risk.”

Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Weinreb’s Health Care Fraud Unit and Trial Attorney John W.M. Claud of the Justice Department’s Consumer Protection Branch prosecuted the case.

For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Massachusetts, visit its website at https://www.justice.gov/usao-ma.

BOSTON – Barry Cadden, the owner and head pharmacist of New England Compounding Center (NECC), was sentenced today in connection with the 2012 nationwide fungal meningitis outbreak.

 

Cadden, 50, of Wrentham, Mass., was sentenced by U.S. District Court Judge Richard G. Stearns to 108 months in prison and three years of supervised release, and forfeiture and restitution in an amount to be determined later. In March 2017, Cadden was convicted by a federal jury of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead.

 

“Barry Cadden put profits over patients,” said Acting United States Attorney William D. Weinreb. “He used NECC to perpetrate a massive fraud that harmed hundreds of people. Mr. Cadden knew that he was running his business dishonestly, but he kept doing it anyway to make sure the payments kept rolling in. Now he will have to pay for his crimes.”

 

“Barry Cadden put profits ahead of patients,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Under his direction, employees assured customers that they were getting safe drugs, while Cadden ignored grave environmental failures, used expired active ingredients, and took innumerable other production shortcuts that led to numerous, entirely preventable deaths. As Cadden’s sentence reflects, the Justice Department's Consumer Protection Branch is committed to prosecuting those who put the health of Americans at risk.”

 

“Protecting Americans from unsafe and contaminated drugs is at the core of our mission. Patients should not have to worry about the safety and sterility of the drugs they are prescribed,” said FDA Commissioner Scott Gottlieb, M.D. “Since this tragedy, Congress has given the FDA important new authorities, and the agency has implemented key policies, all to provide a greater assurance of safety over compounded medicines. As part of these efforts, we will continue to hold accountable those who violate the law and put patients at risk.”

 

“Today, Barry Cadden was held responsible for one of the worst public health crises in this country’s history, and the lives of those impacted because of his greed, will never be the same,” said Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “This deadly outbreak was truly a life-changing event for hundreds of victims, and the FBI is grateful to have played a role, alongside our law enforcement partners, in bringing this man to justice.”

 

In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. Of those 753 patients, the U.S. Centers for Disease Control and Prevention (CDC) reported that 64 patients in nine states died. The outbreak was the largest public health crisis ever caused by a pharmaceutical product.

 

Specifically, Cadden directed and authorized the shipping of contaminated MPA to NECC customers nationwide. In addition, he authorized the shipping of drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, and compounded drugs with expired ingredients. Furthermore, certain batches of drugs were manufactured, in part, by an unlicensed pharmacy technician at NECC. Cadden also repeatedly took steps to shield NECC’s operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. In fact, NECC routinely dispensed drugs in bulk without valid prescriptions. NECC even used fictional and celebrity names on fake prescriptions to dispense drugs, such as “Michael Jackson,” “Freddie Mae” and “Diana Ross.”

 

“Today’s sentencing demonstrates the ongoing commitment of the Defense Criminal Investigative Service (DCIS) to protect the integrity of TRICARE, the U.S. Defense Department's health care program,” stated Special Agent in Charge Leigh-Alistair Barzey of DCIS, Northeast Field Office. “DCIS will continue to work with its law enforcement partners to identify and investigate individuals who disregard pharmaceutical and drug regulations and endanger the health and safety of U.S. military members and their families.‎”

 

“No veterans receiving VA care were harmed by the fungal meningitis outbreak,” said Special Agent in Charge Donna L. Neves for the Department of Veterans Affairs, Office of Inspector General. “The VA Office of Inspector General, together with its law enforcement partners, will persist in working drug adulteration cases to ensure veterans continue to receive safe and effective medications for the purpose of healing their ailments.”

 

“Today's sentencing is an example of the dedicated work of law enforcement, along with the U.S. Attorney’s Office Health Care Fraud Unit in their steadfast pursuit of justice in the largest public health crisis caused by a pharmaceutical product in this nation’s history,” said Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service. “The United States Postal Inspection Service will continue to be vigilant in investigating cases where the US Mail is used to put our nation’s citizens at risk.”

 

Acting U.S. Attorney Weinreb; Acting Assistant Attorney General Readler of the Justice Department’s Civil Division; FDA-OCI SAC Ebersole; FBI SAC Shaw; DCIS-OIG SAC Barzey; VA-OIG SAC Neves; and USPIS Inspector in Charge Binkowski, made the announcement today. Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Weinreb’s Health Care Fraud Unit and Trial Attorney John W.M. Claud of the Justice Department’s Consumer Protection Branch prosecuted the case.

BOSTON – A Shrewsbury man was charged today in federal court in Boston for his role in a steroid-distribution ring in Worcester County.

Daniel Frederickson, 29, was charged with one count of conspiracy to possess with intent to distribute steroids and one count of possession of a tableting machine to manufacture a controlled substance.

According to the charging documents, Frederickson was part of a steroid distribution conspiracy with four others in and around Worcester and Shrewsbury, Mass. Frederickson worked with co-conspirators to obtain, process and traffic steroids.

The charge of conspiracy provides for a sentence of no greater than 10 years in prison, a mandatory minimum of two years and up to a lifetime of supervised release and a fine of up to $500,000.  The charge of possession of a tableting machine provides for a sentence of no greater than four years in prison, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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

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

BOSTON – An Orleans woman was arrested today for stealing her deceased husband’s Social Security benefits.   

Susan Condon, 64, was charged with one count of theft of public funds and one count of making false statements. 

According to the indictment, Condon served as the representative payee for her husband in his receipt of Social Security benefits.  Her husband passed away in April 2004, but she continued to receive his Social Security benefits each month.  In January 2015, Condon falsely reported to the Social Security Administration (SSA) that she used all of the funds she received as her husband’s representative payee for her husband’s benefit.  She did not inform the SSA that her husband had died more than 10 years earlier.  From the time of her husband’s death in April 2004 through February 2017, Condon received approximately $198,511 in Social Security benefits.

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

Acting United States Attorney William D. Weinreb and Adam Schneider, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Weinreb’s Major Crimes Unit is prosecuting the case.

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

BOSTON – The leader of MS-13’s East Boston Loco Salvatrucha clique agreed to plead guilty today in federal court in Boston to RICO conspiracy involving an aggravated assault, conspiracy to possess with intent to distribute heroin and cocaine, and possession of a firearm in furtherance of drug trafficking.

 

Santos Portillo Andrade, a/k/a “Flaco,” 33, of Revere, 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 an aggravated assault on an individual he believed was a rival gang member in Malden in December 2008. Portillo also pleaded guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin and 500 grams or more of cocaine and possession of a firearm in furtherance of drug trafficking.

 

U.S. District Court Judge F. Dennis Saylor IV deferred accepting the defendant’s plea agreement until sentencing, which is scheduled for Sept. 26, 2017. If the court accepts the plea agreement, Portillo will be sentenced to 10 years in prison and four years of supervised release.

 

After a three-year investigation, Portillo 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. He is the 15th defendant to plead guilty in the case.

 

Portillo was the leader of the East Boston Loco Salvatrucha clique of MS-13. According to court documents, MS-13 is a violent transnational criminal organization whose branches or “cliques” operate throughout the United States, including Massachusetts. MS-13 members are required to commit acts of violence against rival gang members to gain promotions and maintain membership and discipline within the group. Specifically, MS-13 members are required to attack and murder rival gang members 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. The drug trafficking conspiracy charge provides for a mandatory minimum sentence of five years and a maximum sentence of 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. The possession of a firearm in furtherance of drug trafficking charge provides for a mandatory minimum sentence of five years in prison to be served consecutively to any sentence imposed on counts two (RICO conspiracy) and five (conspiracy to possess with intent to distribute heroin and cocaine), three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

 

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 – A Brockton man was sentenced on Wednesday, June 21, 2017, in federal court in Boston for trafficking fentanyl.

 

Edson Gomes, 20, a/k/a “E,” was sentenced by U.S. District Court Judge William G. Young to 71 months in prison and three years of supervised release. During the period of supervised release, Gomes is prohibited from associating with his co-conspirators and certain Brockton gang members. He is also prohibited from being in the City of Brockton.

 

In January 2017, Gomes pleaded guilty to conspiracy to possess with intent to distribute fentanyl. In April 2016, Gomes was arrested and charged in a criminal complaint along with Luis DaCosta and Gilvan Monteiro. In May 2016, they and four others were indicted on drug and firearm-related charges.

 

On numerous occasions between December 2015 to March 2016, Gomes and his co-defendants sold fentanyl in the Brockton area, and shared several of the same customers. In instances where Monteiro was out of fentanyl, he would direct his customers to purchase from Gomes. On Feb. 10, 2016, Gomes conducted a drug deal with co-defendant Gabriel Nieves, and then mistakenly left his gun in Nieves’ car. Law enforcement seized the firearm when Nieves was stopped and arrested. Five days later, Gomes tried to obtain a replacement gun.

 

According to court documents, Gomes has a violent criminal history. At age 15 he was charged with assault and battery, and at age 17 he was arrested twice on drug possession charges. Gomes currently has three pending cases against him.

 

DaCosta was sentenced to 106 months in federal prison in May 2017. Monteiro pleaded guilty in federal court in January 2017 and is scheduled to be sentenced on July 10, 2017.

 

Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy Cruz; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorneys Glenn A. MacKinlay and Timothy Moran of Weinreb’s Organized Crime and Gang Unit prosecuted the case.

 

BOSTON - Two men were charged yesterday in federal court in Boston with money laundering in connection with an overseas undercover investigation.

Essam Sakkal, 39, a/k/a Issam Sakkal, a/k/a Esam Bzoul, a national of Cyprus, who is in U.S. custody, and his brother, Nabeel Sakkal, 24, a/k/a Traycho Marinov Mitchov, a/k/a Nabil Cieckal, a/k/a Nabil Imadein Bazul Siggal, a dual national of Cyprus and Jordan, who is a fugitive, were charged in an indictment unsealed yesterday with conspiracy to commit money laundering and money laundering. 

According to court documents, on numerous occasions between 2009 and 2014, the Sakkals met with a United States undercover law enforcement agent posing as a member of a drug organization whose role it was to launder money from drug sales.  It is alleged that the Sakkals laundered money given to them by the undercover agent, believing the money to be proceeds from drug sales.  

The charge of conspiracy to commit money laundering and money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service's Criminal Investigations in Boston; made the announcement.  Assistant U.S. Attorney John A. Capin of Weinreb’s Criminal Division is prosecuting the case. 

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

BOSTON – A Taunton woman pleaded guilty in federal court in Boston today to concealing information and making false statements in order to receive Social Security disability benefits and Section 8 housing assistance to which she was not entitled.   

Marisha Ebanks, 40, pleaded guilty to one count of Supplemental Security Income fraud and one count of making false statements. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Sept. 20, 2017. 

In 1999, Ebanks began receiving housing assistance payments from the United States Department of Housing and Urban Development’s Section 8 Housing Choice Voucher Program; and in January 2003, she began receiving Supplemental Security Income (SSI) disability benefits from the Social Security Administration (SSA). Eligibility for both Section 8 housing and SSI is based, in part, on the applicant having limited income and resources. In assessing a married individual’s eligibility for these benefits, the income of the applicant’s spouse is considered if they live together.

When Ebanks applied for SSI benefits in September 2002, she truthfully reported that she was married, but falsely stated that she and her husband had separated years prior, when, in fact, she and her husband were living together with their two children. SSA sent Ebanks annual reminders of her obligation to report any changes in her household composition, including any change in income of any household member, but Ebanks concealed her husband’s true residence.  During an eligibility redetermination with SSA in October 2010, Ebanks continued to report that she was married, but falsely stated her husband was not a member of her household.  

Similarly, in May 2002, in order to continue receiving Section 8 housing, Ebanks falsely reported that her husband had moved out of her residence. She repeatedly omitted her husband from the list of household members on recertification questionnaires in subsequent years, and she falsely stated that no member of her family received income from any employment, even though her husband was working. 

Ebanks fraudulently received approximately $70,655 in disability benefits and over $120,000 in Section 8 housing assistance benefits.

Acting United States Attorney William D. Weinreb; Adam Schneider, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Weinreb’s Major Crimes Unit is prosecuting the case.

BOSTON –  A Taunton man was sentenced today in federal court in Boston for his role in a heroin and fentanyl trafficking operation in Taunton and surrounding communities.

Jorge Vega, 42, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to 77 months in prison and three years of supervised release.  In January 2017, Vega pleaded guilty to conspiracy to possess with the intent to distribute and distribution of heroin and fentanyl.

In October 2015, Vega was arrested and charged along with 24 others in connection with a heroin trafficking ring operating in southeastern Massachusetts.  An additional defendant was added in a superseding indictment filed on April 20, 2016.  The charges are the result of a 15-month investigation into heroin and fentanyl trafficking in Marshfield, Fall River, Taunton, and surrounding communities, which have seen a steep increase in overdoses and related deaths since 2013.  Vega bought heroin on many occasions both for his own use and to sell to others.

Twenty-two of the 26 defendants charged in the superseding indictment have pleaded guilty and 13, including Vega, have been sentenced.

Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division, made the announcement today.  Assistant U.S. Attorneys Thomas E. Kanwit and Karen Beausey of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.

 

 

BOSTON – A paramedic pleaded guilty today in federal court in Boston to diverting fentanyl intended for patients for his own use.

Joseph V. Amello, 50, of Rowley, Mass., pleaded guilty to one count of acquiring a controlled substance by deception and subterfuge and one count of tampering with a consumer product. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 28, 2017.

From approximately Nov. 15, 2014, to Aug. 7, 2015, while working as a paramedic for an ambulance company, Amello diverted over 650 vials of fentanyl.  In addition, beginning on or around July 1, 2015, Amello removed fentanyl from a number of vials intended for ambulance patients and replaced the fentanyl with another solution.

The charge of acquiring a controlled substance provides for a sentence of no greater than four years in prison, one year of supervised release, and a fine of up to $250,000; and the charge of tampering with a consumer product provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; Jeffrey Ebersole, Special Agent in Charge of the U.S. Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Commissioner Monica Bharel, M.D., M.P.H., of the Massachusetts Department of Public Health, Division of Food and Drugs, Drug Control Program, made the announcement today. Assistant U.S. Attorney Miranda Hooker of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case. 

BOSTON - A Guatemalan national was sentenced today in federal court in Boston with a federal immigration crime.

Selvin Jarquin-Felipe, 31, pleaded guilty to illegally reentering the United States after being deported before U.S. District Court Judge Indira Talwani, who subsequently sentenced Jarquin-Felipe to time served and one year of supervised release.

Jarquin-Felipe was previously deported in September 2014. In May 2017, federal agents in Framingham discovered Jarquin-Felipe and determined him to be unlawfully present in the United States.

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 David G. Tobin of Weinreb’s Major Crimes Unit is prosecuting the case.

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

Nestor Mendez Nolasco, 26, was charged today with one count of illegal reentry after deportation.  Mendez Nolasco was previously deported on Jan. 31, 2013, April 9, 2013, and July 7, 2013.  On April 25, 2017, Mendez was arrested in Hopkinton on an unrelated state charge. 

Mendez faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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 is prosecuting this case.

BOSTON - A Guatemalan national was charged today in federal court in Boston with an immigration crime.

Eric Contreras, 29, was charged today with one count of illegal reentry after deportation.  Contreras was previously deported on May 11, 2016.  On June 7, 2017, Contreras was arrested in Waltham on unrelated state charges. 

Contreras faces no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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 is prosecuting this case.

BOSTON – A Dominican national pleaded guilty today in federal court in Boston to 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, pleaded guilty to one count of false claims conspiracy, three counts of access device fraud, and one count of aggravated identity theft.  U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 18, 2017.  Lopez was originally arrested in April 2015 and fled to the Dominican Republic shortly after his release on bail.  Lopez was re-arrested there in December 2016 and extradited to the United States in March 2017.

Between May 2011 and February 2013, Lopez and his 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 with the Internal Revenue Service (IRS) false income tax returns for the tax years 2010, 2011, and 2012, claiming refunds on behalf of those identity fraud victims.  Lopez and his 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.

This case is part of Operation Point Break, a multi-agency federal law enforcement initiative aimed at combatting stolen identity refund fraud across the country.

The charges of fraud and conspiracy provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years in prison, to be served consecutively to the other charges. Lopez 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; 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 is prosecuting the case.

BOSTON - A Dominican national was charged today in federal court in Boston with a federal immigration crime.

Manolo Sosa-Nieves, 45, was charged today with one count of illegal reentry after deportation.  Sosa-Nieves was previously deported on Aug. 21, 2002.  On April 14, 2017, Sosa-Nieves was arrested in Lawrence on unrelated state charges. 

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

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 is prosecuting this case.

 

BOSTON - A Brazilian national was charged today in federal court in Boston with a federal immigration crime.

Adilson Marcos Barbosa, 38, was charged today with one count of illegal reentry into the United States.  Barbosa was previously deported on Jan. 12, 2009.  On June 7, 2017, Barbosa was arrested in Framingham on unrelated state charges. 

Barbosa 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 Nicholas Soivilien of Weinreb’s Major Crimes Unit is prosecuting this case.

BOSTON – The managing partner of a Waltham-based investment advisory firm was sentenced today in federal court in Boston in connection with a securities fraud scheme known as “cherry-picking” that netted over $1.3 million.

 

Michael J. Breton, 50, was sentenced by U.S. District Court Judge Allison D. Burroughs to two years in prison and two years of supervised release. Breton was also ordered to forfeit $1,326,696 and to pay restitution in the same amount. In March 2017, Breton pleaded guilty to one count of securities fraud.

 

Breton was the managing partner of Strategic Capital Management LLC – a

state-registered investment advisory firm that provided financial planning and portfolio management services to individuals and small businesses. In that capacity, Breton had authority to purchase and sell securities on his clients’ behalf and often did so using a master brokerage allocation account, which allowed him to place block trades and later allocate the trades to specific clients or other accounts.

 

Beginning in least in 2011 and continuing through July 2016, Breton used the master allocation account to regularly purchase shares in publicly-traded companies the day that those companies announced earnings from the previous quarter. Breton purchased those shares shortly before the earnings announcements were made, but waited to allocate the trades among accounts until after he knew whether the company’s earnings were positive or negative, which determined whether the trade was likely to be profitable in the short term. Throughout the course of the scheme, Breton allocated more profitable trades to himself and allocated unprofitable trades to his clients, thereby stealing more than $1.3 million in potential profits from his clients.

 

In January 2017, the Securities and Exchange Commission (SEC) filed a parallel civil action against Breton and Strategic Capital Management. Breton agreed to partially resolve the SEC’s claims by, among other things, agreeing to the entry of an SEC order permanently barring him from working in the securities industry.

 

Acting U.S. 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 U.S. Attorney’s Office received valuable assistance from the SEC. The case was prosecuted by Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Weinreb’s Economic Crimes Unit.

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

James Mercer, 51, pleaded guilty to one count of failing to register as a sex offender before U.S. District Court Judge F. Dennis Saylor IV., who scheduled sentencing for Sept. 12, 2017. 

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

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 in Massachusetts. 

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

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, is prosecuting the case.

The case was brought as part of Project Safe Childhood.  In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse.  Led by 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 New Bedford man was sentenced yesterday in federal court in Boston for his role in a heroin and fentanyl drug trafficking operation based in and around Taunton.

Cory Nickerson, 33, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to 71 months in prison and three years of supervised release. In March 2017, Nickerson pleaded guilty to one count of conspiracy to possess with the intent to distribute and distribution of heroin and fentanyl.

After a 15-month federal investigation, Nickerson and 25 others were arrested and charged with various drug offenses connected to the trafficking of heroin and fentanyl in Taunton and surrounding communities. The investigation targeted all levels of the drug trafficking operation: major suppliers, middlemen, and lower level dealers/users. Nickerson was in the mid-to-lower tier of the conspiracy, primarily arranging deals for a third party while he himself was using heroin. 

Of the 26 defendants indicted, 21 have pleaded guilty and nine, including Nickerson, have been sentenced. 

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

BOSTON – A Gardner, Mass., man pleaded guilty today in federal court in Boston for his role in a conspiracy to traffic counterfeit steroids marketed on social media to bodybuilders and sold to customers around the country. 

Robert Medeiros, 32, pleaded guilty to one count of conspiracy to traffic in counterfeit drugs and to distribute controlled substances. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 21, 2017. 

On April 12, 2017, Medeiros and five others were arrested and charged with trafficking counterfeit steroids. It is alleged that, for at least two years prior to their arrests, members of the organization manufactured steroid products, marketed them falsely under the Onyx brand, and sold them to customers across the United States using email and social media platforms. Medeiros’ principal role in the conspiracy was to fulfill orders for anabolic steroids by obtaining the finished steroid products - branded with Onyx labeling and packaging - from other members of the conspiracy, prepare the steroids for shipment, and ship the steroids via the U.S. Postal Service to customers across the United States. Customers paid for the steroids through financial services companies like Western Union and MoneyGram. Members of the conspiracy allegedly used false identifications and multiple locations in an effort to collect the proceeds without attracting suspicion.

The charging statute provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of up to $250,000 or twice the gain or loss of the criminal activity. 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; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office, made the announcement today. Assistance was provided by the Drug Enforcement Administration, New England Field Division; Massachusetts State Police; Boston Police Department; Massachusetts Bay Transportation Authority Police Department; Customs and Border Protection; and Lynn, Shrewsbury, Gloucester, Saugus, and Gardner Police Departments. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Weinreb’s Cybercrime Unit are prosecuting the case.

BOSTON - A Dominican national pleaded guilty today in U.S. District Court in Boston to a federal immigration crime.

Manuel Bienvenido Pimentel-Pimentel, 54, pleaded guilty today to illegal reentry of a deported alien before U.S. District Court Judge George A. O’Toole Jr., who scheduled sentencing for July 26, 2017.

On June 1, 2017, Pimentel-Pimentel was charged with illegally reentering the United States after being deported. In May 2017, federal agents discovered Pimentel-Pimentel in Billerica and found him to be illegally present in the United States. He had been previously deported in August 2010.

Pimentel-Pimentel faces a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. He will also 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 David G. Tobin of Weinreb’s Major Crimes Unit is prosecuting the case.