District of Massachusetts
Press releases recorded for this federal judicial district.
Medford Woman Indicted for Disclosing Social Security NumbersRead the Press Release
BOSTON – A Medford woman was arrested today for unlawfully disclosing Social Security numbers.
Lynrolte Cezaire, 27, was indicted on unlawful disclosure of Social Security numbers between July 2011 and April 2014.
The statute provides for a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the U.S. Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; Lisa A. Quinn, Special Agent in Charge of the U.S. Secret Service; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; John Gibbons, U.S. Marshal of the U.S. Marshals Service, District of Massachusetts; and Medford Police Chief Leo Sacco, made the announcement today. The case is being prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Members of the public who have questions, concerns, or information regarding this case should email [email protected].
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Man Arrested for Illegally Exporting Assault Rifle and Pistol PartsRead the Press Release
BOSTON – A Massachusetts man was arrested this morning on charges that he illegally shipped hundreds of firearm parts to 22 different countries, including Finland where parts allegedly ended up in the hands of the Cannonballs Outlaw Motorcycle Gang.
David L. Maricola, 59, of Southbridge, Mass., was arrested on a 32-count federal indictment on charges of conspiracy, illegally exporting defense articles, making false statements on customs forms and money laundering. He is scheduled to appear in U.S. District Court in Boston at 12:00p.m. today before Chief Magistrate Judge Jennifer C. Boal.
The indictment, which was unsealed today, alleges that between December 2010 and March 2012, Maricola exported and attempted to export hundreds of assault rifle and firearm components, including parts for M16, M4, and AR-15 assault rifles and UZI submachine guns. Additionally, it is alleged that between November 2010 and March 2012, Maricola conspired with Arto Laatikainen, a Finnish citizen, to illegally export firearm parts from the U.S. to Finland and that Maricola shipped Laatikainen more than $100,000 worth of firearm components. Laatikainen procured firearms and firearm components and sold them to criminal organizations in Finland, including the Cannonballs Outlaw Motorcycle Gang.Laatikainen, 31,is also charged in the Indictment.
According to the indictment, Maricola obtained many of the parts he illegally exported from gunbroker.com, an auction-type website, instructed his foreign buyers to send him money using PayPal and told them, “DO NOT MENTION GUN PARTS.” Maricola exported hundreds of firearm parts overseas using the U.S. Postal Service. In order to ship his packages, Maricola lied on customs documents about the contents and value of the articles he was sending overseas. For instance, he repeatedly falsely described parts for AR-15 assault rifles as aluminum sculptures.
The statuatory penalty for each illegal export and monely laundering count is up to 20 years in prison and up to five years in prison on the conspiracy and false statement counts. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by Homeland Security Investigations in Boston; Defense Criminal Investigative Service; and Department of Commerce, Office of Export Enforcement. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and U.S. Postal Service, Office of Inspector General, provided substantial assistance during the investigation. The case is being prosecuted by Assistant U.S. Attorney B. Stephanie Siegmann of Ortiz’s Anti-Terrorism and National Security Unit.
The details contained in the indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Worcester Paramedic Pleads Guilty to Tampering with Fentanyl VialsRead the Press Release
BOSTON – A former paramedic pleaded guilty in U.S. District Court in Worcester today to tampering with vials of Fentanyl, a Schedule II controlled substance.
Teresa Torres, 42, who moved from Worcester to Sebring, Fla. after the offense, pleaded guilty to tampering with a consumer product, specifically vials containing the Schedule II controlled substance Fentanyl after being indicted in September 2014. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Sept.11, 2015.
From November 2012 until February 2013, Torres worked as a paramedic for Vital Emergency Services in Worcester. Beginning around Nov. 19, 2012, and continuing through Jan. 26, 2013, Torres tampered with vials of Fentanyl by removing the narcotic from vials kept in the ambulances used by Vital Emergency Services and replacing it with another liquid. In total, Torres tampered with approximately 25 vials of Fentanyl. Fentanyl is commonly administered for pain relief. During the course of the plea hearing, the government alleged that Torres was initially suspended from her paramedic job after diverting morphine from ambulance supplies. The Fentanyl diversion was discovered after she had been suspended.
The charging statute provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Jeffrey J. Ebersole, Acting Special Agent in Charge of the U.S. Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Commissioner Monica Bharel, MD, MPH, of the Massachusetts Department of Public Health, Division of Food and Drugs, Drug Control Program, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Michelle L. Dineen Jerrett of Ortiz’s Worcester Branch Office.
California Drug Trafficker Sentenced to 18 Years for Distributing Meth in New EnglandRead the Press Release
BOSTON – A California man was sentenced today for conspiring to distribute methamphetamine in New England and laundering the drug proceeds in bank accounts.
Adolfo Castilleja, 55, formerly of Pomona, Calif., was sentenced by U.S. District Court Judge William G. Young to 18 years in prison, five years of supervised release, and a $10,000 fine. In March 2015, Castilleja pleaded guilty to conspiring to distribute methamphetamine, conspiring to launder money, and three counts of money laundering.
From January 2010 through January 2012, Castilleja, who was based in California, supplied methamphetamine to a co-defendant based in Stoneham, Mass. Specifically, Castilleja obtained methamphetamine from a California-based supplier and worked with his son to package and ship the narcotics in overnight packages to addresses on the East Coast. Five packages containing more than 1.3 kilograms of nearly 100% pure methamphetamine that were shipped by Castilleja from California to the East Coast were seized by law enforcement officials.
Overall, Castilleja and his organization were involved in the shipment of more than 100 packages from addresses near Pomona, Calif. to locations on the East Coast affiliated with co‑conspirators. In addition, Castilleja provided instructions for structured cash deposits of more than $900,000 in drug proceeds into California-based bank accounts that he controlled.
United States Attorney Carmen M. Ortiz; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Linda M. Ricci and Michelle Wasserman of Ortiz’s Drug Task Force Unit.
Boston Woman Sentenced for Bank Fraud SchemeRead the Press Release
BOSTON – A Boston woman was sentenced yesterday for her role in a scheme to make fake identification documents of Citizens Bank customers and to use those fake documents to withdraw more than $67,000 from multiple accounts.
Kimberly B. Gomez, 55, was sentenced today by U.S. District Court Judge William G. Young to one year and one day in prison, six months of which is to be served in prison and the remainder in community confinement, and three years of supervised release, and $67,100 in restitution. In March 2015, Gomez pleaded guilty to one count of bank fraud.
Beginning in 2010, Gomez and others participated in a scheme to obtain personal identification and account information of Citizens Bank customers and to use that information to fraudulently withdraw money from these customers’ accounts. Another participant in the scheme from Citizens Bank obtained the names of customers with high savings account balances, along with their home addresses, dates of birth, and account numbers. Another participant used Gomez’s picture and the information from Citizens Bank, to obtain fake IDs. Gomez used the fake IDs to make the fraudulent withdrawals from Citizens Bank.
Gomez was able to withdraw more than $67,000 from accounts belonging to three different Citizens’ customers. She tried, unsuccessfully, to withdraw another $13,000.
United States Attorney Carmen M. Ortiz and Lisa A. Quinn, Special Agent in Charge of the U.S. Secret Service in Boston, made the announcement today. The U.S. Attorney’s Office acknowledges Citizens Bank for cooperating with the investigation. The case was prosecuted by Assistant U.S. Attorney Adam J. Bookbinder, Chief of Ortiz’s Cybercrime Unit.
Abington Man Pleads Guilty to Child Pornography ChargesRead the Press Release
BOSTON – Kevin Cawley, Jr., 34, of Abington, Mass., pleaded guilty yesterday to possession and distribution of child pornography. U.S. District Court Judge Dennis Saylor, IV scheduled sentencing for Aug. 12, 2015.
In September 2013, Cawley exchanged emails containing images and videos of children engaged in sexually explicit conduct. Cawley used his email accounts to search for child pornography and to correspond with others he met online who were interested in child pornography. Cawley’s child pornography collection included images and videos of prepubescent children engaged in sexual activity.
In August 2014, a search warrant was executed at Cawley’s residence. At that time, Cawley admitted to federal agents that he registered one of his email addresses using the fictitious name of “Stephen Burrus,” a name he obtained through the use of a name generator, because he knew his conduct was wrong. He also admitted to downloading child pornography, saving it to his computer, and sending it to others.
The charge of distribution of child pornography provides for a mandatory minimum term of five years and no greater than 20 years in prison. The charge of possession of child pornography provides for no greater than 20 years in prison. Both statutes provide for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of $250,000. If accepted by the Court, under the plea agreement negotiated by the parties, Cawley will serve five years in prison and five years of supervised release.
United States Attorney Carmen M. Ortiz and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was also provided by the Massachusetts State Police and the Abington Police Department. The case is being prosecuted by Assistant U.S. Attorney Eve A. Piemonte of Ortiz’s Major Crimes Unit.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better 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/.
Law Enforcement Executives Attend Civil Rights Seminar in WorcesterRead the Press Release
BOSTON – The United States Attorney’s Office, Justice Department’s Community Relations Service, Federal Bureau of Investigation and the City of Worcester sponsored a civil rights seminar today for law enforcement executives. District Attorney Joseph Early Jr. and nearly 100 other law enforcement executives from federal, state and local agencies attended the seminar which was hosted by the College of the Holy Cross in Worcester.
United States Attorney Carmen M. Ortiz said, "Effective police practices and training programs are important tools to prevent officer misconduct and to improve the community’s confidence with law enforcement. Today's training was an important opportunity to reeducate executives, learn from the mistakes of others and in some cases reaffirm areas where police departments are doing it right."
During the seminar, staff from the U.S. Attorney’s Office and the Federal Bureau of Investigation’s Public Corruption and Civil Rights Division in Washington, D.C. provided participants with information about how police departments can implement or enhance procedures that may reduce officer misconduct. Participants also learned how the Department of Justice has assisted law enforcement and communities with improving relationships as a result of police pattern or practice investigations. The East Haven Police Department in Connecticut provided insight about its November 2012 consent decree with the Department, and the Community Relations Service provided presentations about fundamental human bias and conflict de-escalation.
“I want to thank U.S. Attorney Ortiz and the Department of Justice for coming to Worcester today. We need to be proactive on the issues of misconduct, fundamental human bias, and conflict de-escalation. Seminars like this are a great chance for our local public safety officers to discuss best practices with their counterparts from across the state,” said Worcester Mayor Joseph M. Petty.
Worcester City Manager Edward Augustus said, “Quality, community policing is imperative for the health and vitality of a city and the well-being and peace of mind of its residents. I am thankful to all the police officials who demonstrated their commitment to those ideals by attending this seminar, and to the office of U.S. Attorney Carmen Ortiz, the FBI and DOJ’s Community Relations Service for sponsoring and to the College of the Holy Cross for hosting this important, timely event.”
“The FBI's Civil Rights Program is committed to restoring trust in law enforcement and to educating our partners about lessons learned from those who have abused their power and abandoned their responsibilities,” said Vincent B. Lisi, Special Agent in Charge of the FBI’s Boston Field Division.“The city of Worcester’s leadership should be commended for hosting a seminar on civil rights for law enforcement,” said Francis Amoroso, Regional Director of the Community Relations Service in New England.
“I was proud to be a part of such a timely and important seminar,” District Attorney Early said. “Raising awareness of civil rights among our law enforcement partners was an admirable undertaking. I was glad to be a part of it.”
If you would like information about how to sponsor a civil rights seminar in the District of Massachusetts, please contact the U.S. Attorney’s Office at 617-748-3100 and ask to speak to the Law Enforcement Coordinator.
Defense Lawyer Charged with Witness Tampering in Hate Crime CaseRead the Press Release
BOSTON – A Boston lawyer was charged today with repeatedly encouraging the victim of a hate crime to ignore calls from state and federal law enforcement officials.
Timothy R. Flaherty, 50, of Cambridge, was indicted on tampering with a witness to a possible federal civil rights offense.
As alleged in the charging documents, Flaherty is a defense attorney and was retained to represent a defendant in Cambridge District Court who was facing state civil rights charges. Among other things, Flaherty’s client was charged in connection with an incident in which the client assaulted a man while yelling, “you little Muslim…you f!*king terrorist.”
Shortly after Flaherty’s client was arraigned in state court, Flaherty contacted the victim of the case and offered him cash in exchange for informing state authorities that he was too busy to pursue the case and no longer wanted to assist in the prosecution of Flaherty’s client. On Dec. 24, 2014, Flaherty met the victim and provided him with an envelope that contained $2,500 in cash. He instructed the victim to ignore contact from law enforcement authorities and in the event he received a subpoena to appear, he was to immediately call Flaherty. On March 12, 2015, during a hearing at Cambridge District Court, Flaherty pressed for a trial date and then asked the Assistant District Attorney whether the Middlesex District Attorney’s Office had been able to contact the victim.
On May 6, 2015, the victim informed Flaherty that he had received a letter from the District Attorney’s Office. Flaherty instructed the victim to tell the District Attorney’s Office, “I have no interest in this. I’d have to come to court, I really don’t want anything to do with it. Um, you know the guy had a bad day and I’m just not going to testify ….” Flaherty also told the victim, “…they won’t press you, they won’t subpoena you, if they try to, just duck it….”
The victim then informed Flaherty that he had received a voice message from an employee of the United States Attorney’s Office who wanted him to call her back regarding the alleged indictment. Flaherty told the victim to, “blow her off.” The victim stated to Flaherty that this U.S. Attorney’s Office employee said she was from “civil rights.” Flaherty continued to advise the victim not to call her back.
On May 21, 2015, the victim made a telephone call to Flaherty and informed him that someone from the FBI had left the victim a message concerning Flaherty’s client’s case. At the conclusion of this call, the victim asked Flaherty, “So, so, should I call him back or no?” Flaherty replied, “No, don’t call him back.”
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Middlesex County District Attorney Marian T. Ryan, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Robert A. Fisher and S. Theodore Merritt of Ortiz’s Public Corruption Unit, with substantial assistance form the Middlesex DA’s Office.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Pyramid Scheme Promoter Arrested on Visa Fraud ChargesRead the Press Release
BOSTON – A Florida man involved in several pyramid schemes was arrested on visa fraud charges after entering the United States from a trip abroad.
Sanderley Rodrigues De Vasconcelos, 43, of Davenport, Fla., was charged in U.S. District Court in Boston on Saturday, May 16, 2015, with fraud and misuse of visas, permits, and other documents. He made an initial appearance in Newark, NJ on May 18th, and was detained pending meeting conditions of release set by a federal magistrate judge there.
According to the charging documents, Rodrigues presented his green card to Customs and Border Protection Officers on May 3, 2015, at Logan Airport, knowing that he obtained that document based upon false statements to immigration officials. Rodrigues was arrested at Newark International Airport when he returned to the United States from Israel on May 16, 2015, after a trip abroad. Following a detention hearing on Thursday, May 21, 2015, in Newark, NJ, Rodrigues was released on conditions, including the surrender of his passport and the passports belonging to his family members, a $200,000 secured bond, 24-hour electronic monitoring, and home confinement.
In 2006, Rodrigues first came to the attention of federal authorities when the Securities and Exchange Commission (SEC) sued him for owning and operating Universo Fone Club and defrauding investors of millions of dollars. More recently, Rodrigues was cited by the SEC for his role in promoting TelexFree, a pyramid scheme that purported to sell a voice over Internet service. In July 2014, the owners of TelexFree, James Merrill and Carlos Wanzeler, were charged with conspiracy to commit wire fraud and several counts of wire fraud.
The charging statute provides a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Cory S. Flashner of Ortiz’s Worcester Branch Office.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Quincy Man Charged with Child PornographyRead the Press Release
BOSTON – Scot Letourneau, 42, of Quincy, was arrested and charged in federal court yesterday with receipt and possession of child pornography.
As alleged in the charging documents, law enforcement officers learned that an individual was trading images of child pornography on “Kik Messenger,” an instant messaging app, with another individual in Connecticut. After further investigation, law enforcement officers determined that an Internet IP address used in transmitting the contraband images was associated with Letourneau. On May 21, 2015, law enforcement officers executed a search warrant at Letourneau’s home, and a preliminary review of his mobile phone revealed that he exchanged images of child pornography with others using that phone. Investigators also learned that Letourneau had been convicted more than 10 years ago of distribution of child pornography.
In light of Letourneau’s prior conviction, the charge of receipt of child pornography provides for a mandatory minimum term of 15 years and no greater than 40 years in prison, and the charge of possession of child pornography provides for a mandatory minimum term of 10 years and no greater than 20 years in prison. Both statutes provide for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was also provided by the Connecticut State Police, the Quincy Police Department, and the U.S. Coast Guard. The case is being prosecuted by Assistant U.S. Attorney Seth B. Orkand of Ortiz’s Major Crimes Unit.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Worcester Sex Offender Arrested for Distributing Child PornographyRead the Press Release
BOSTON – A convicted sex offender was arrested yesterday on child pornography charges.
Neil Sweeney, 49, of Worcester, was charged with possession and distribution of child pornography. Sweeney was arrested yesterday morning at his Elm Street residence and is presently being held without bail.
According to court documents, in April 2015, Sweeney distributed dozens of videos and images of minors engaging in sexually explicit conduct over the Internet to a federal undercover agent. The investigation was initiated by members of the FBI Newark Division; it was referred to the FBI Boston Division when the investigation revealed that Sweeney resided in Massachusetts. In 1995, Sweeney was convicted in Worcester Superior Court for indecent assault and battery on a person under 14 years of age. As a result of that conviction, Sweeney was required to register as a Level 3 sex offender.
If convicted of distribution of child pornography, Sweeney faces a mandatory minimum sentence of 15 years and no greater than 40 years in prison, five years of supervised release, and a fine of $250,000. If convicted of possession of child pornography, Sweeney faces a mandatory minimum sentence of 10 years and no greater than 20 years in prison, five years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; and Worcester Police Chief Gary J. Geeme, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Greg A. Friedholm of Ortiz’s Worcester Branch Office.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Upton Man Pleads Guilty to Robbing Multiple BanksRead the Press Release
Boston – An Upton man pleaded guilty to robbing four banks in a two-week period and making off with $49,000.
Brandon Coldwell, 21, pleaded guilty today before U.S. District Court Chief Judge Patti B. Saris to four counts of bank robbery. He is scheduled to be sentenced on Sept. 3, 2015.
On Sept. 11, 2014, Coldwell kicked off a two-week crime spree by robbing the Mt. Washington Bank in Dorchester. Thereafter, Coldwell robbed a Citizen’s Bank branch in Brookline on Sept. 17, another Citizen’s Bank in Milton two days later, and a third Citizen’s Bank in Framingham on Sept. 24. In total, Coldwell stole $49,000 in less than two weeks.
In all four robberies, Coldwell threatened to shoot bank employees if the tellers did not comply with his demands for cash. Law enforcement identified Coldwell as the perpetrator based on his unique arm tattoos, which were captured on bank surveillance video. During the weeks he committed the robberies, Coldwell was also active on social media and posted pictures of himself wearing the clothing he wore when he committed the crimes as well as displaying his arm tattoos.
The charging statute provides a sentence on each count of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; made the announcement today. Assistance was also provided by the Boston, Brookline, Milton, and Framingham Police Departments. The case is being prosecuted by Assistant U.S. Attorney Jordi de Llano of Ortiz’s Major Crimes Unit.
Regional Controller of Massachusetts-Based Corporation Sentenced for Stealing over $1 Million from EmployerRead the Press Release
BOSTON – The regional controller of a multi-state corporation was sentenced in U.S. District Court in Worcester today in connection with a scheme to defraud over $1 million from his employer.
Michael Catlow, 51, of Seekonk, Mass., was sentenced by U.S. District Court Judge Timothy S. Hillman to 30 months in prison, three years of supervised release, and was ordered to pay $1,018,624 in restitution and forfeiture. In January 2015, Catlow pleaded guilty to four counts of mail fraud.
From 2004 until 2013, Catlow served as the regional controller for a large multi-state corporation based in Westborough, Mass. In that capacity, he was authorized to sign checks for its corporate accounts in amounts up to $10,000. From February 2008 through May 2013, Catlow used the authority granted to him by his employer to write checks upon, and make withdrawals from, the company’s accounts to pay his own personal expenses. These frauds paid for luxury box season tickets to the Patriots, travel, vacation homes, personal credit cards, and expenses for a business operated by Catlow’s former spouse.
When the fraud was discovered in May 2013, Catlow confessed, first to his employer, then in a video recorded confession to law enforcement officers. Over the course of five years and hundreds of fraudulent transactions, Catlow’s embezzlement netted him $1,018,612.
United States Attorney Carmen M. Ortiz; Lisa A. Quinn, Special Agent in Charge of the U.S. Secret Service; and Westborough Police Chief Al Gordon, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Mark Grady of Ortiz’s Worcester Branch Office.
Jury Recommends Death Sentence for Boston Marathon BomberRead the Press Release
Boston – After deliberating for 14 hours over three days, a federal jury in Boston recommended that Dzhokhar A. Tsarnaev be sentenced to death on Friday, May 15, 2015, for his role in using weapons of mass destruction at the 2013 Boston Marathon. By law, the judge must follow the jury’s recommendation and sentence Tsarnaev to death. A sentencing date has not yet been set.
The jury recommended that Tsarnaev, 21, a U.S. citizen formerly residing in Cambridge, Mass., be sentenced to death on six of the seventeen capital counts in the indictment. On April 8, 2015, the same jury convicted Tsarnaev on all 30 counts of the indictment, which charged him with use of a weapon of mass destruction resulting in death and conspiracy; bombing of a place of public use resulting in death and conspiracy; malicious destruction of property resulting in death and conspiracy; use of a firearm during and in relation to a crime of violence; use of a firearm during and in relation to a crime of violence causing death; carjacking resulting in serious bodily injury; interference with commerce by threats or violence; and aiding and abetting. The counts on which the jury recommended a death sentence all relate to the pressure cooker bomb Tsarnaev planted and detonated in front of the Forum restaurant, killing Lingzi Lu and Martin Richard.
Beginning no later than February 2013, Tsarnaev and his brother, Tamerlan Tsarnaev, conspired to detonate improvised explosive devices (IEDs), bomb places of public use, and destroy property. On April 15, 2013, during the 117th running of the Boston Marathon, the brothers placed two pressure cooker bombs filled with shrapnel among the crowds of spectators on Boylston Street and then detonated the bombs seconds apart, killing three people, maiming 17, and injuring hundreds more. The brothers fled the scene in the chaos of the destruction. Three days later, on April 18, Tsarnaev and his brother, armed with five IEDs and a Ruger semiautomatic pistol that Tsarnaev had borrowed from a friend, drove to the MIT campus where they shot and killed MIT Police Officer Sean Collier and attempted to steal his service weapon. Approximately 20 minutes later, they carjacked a Mercedes SUV, kidnapped the driver, and forced him to drive to a gas station, robbing him of $800 along the way. After the driver managed to escape, the brothers drove to Laurel Street and Dexter Avenue in Watertown, where they exploded additional IEDs and engaged in a firefight with Watertown police officers. During the stand-off, Tsarnaev drove the carjacked vehicle at three officers, attempting to kill them, and ran over his brother as he escaped. Tsarnaev hid in a winterized boat in a Watertown backyard until his apprehension and arrest the following night. His brother died at the scene.
United States Attorney Carmen M. Ortiz; John Carlin, Assistant Attorney General of the Justice Department’s National Security Division; Leslie R. Caldwell, Assistant Attorney General of the Justice Department’s Criminal Division; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William Evans; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement.
This investigation was conducted by the FBI’s Boston Division, Boston Police Department, Massachusetts State Police, Department of Justice’s National Security Division, and member agencies of the Boston Joint Terrorism Task Force, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, U.S. Marshals Service, Massachusetts Bay Transit Authority and others. In addition, the Watertown Police Department, the Cambridge Police Department, the MIT Police Department, the Boston Fire Department, the National Guard and police, fire and emergency responders from across Massachusetts and New England played critical roles in the investigation and response.
This case is being prosecuted by Assistant U.S. Attorneys William Weinreb, Aloke Chakravarty, and Nadine Pellegrini of the U.S. Attorney’s Office for the District of Massachusetts's Anti-Terrorism and National Security Unit, and Trial Attorney Steve Mellin of the Justice Department’s Capital Case Section. Vital assistance was also provided by attorneys from the National Security Division’s Counterterrorism Section and the Criminal Division’s Capital Case Section.
Former Worcester Day Care Provider Pleads Guilty to Lying in Connection to Investigation into Son’s Contact with Children in her CareRead the Press Release
BOSTON – A Worcester woman pleaded guilty yesterday in U.S. District Court in Worcester to making false statements to federal agents investigating federal child exploitation offenses.
Donna Bellanger, 49, pleaded guilty to making materially false, fictitious, or fraudulent statements or representations to federal agents.
On Feb. 7, 2014, Bellanger was interviewed by federal agents in connection with the arrest of her son, Brian Bellanger, on federal charges that he had, through online communications, enticed a minor to produce child pornography. Specifically, during the course of the execution of a federal search warrant, which uncovered evidence of her son’s crimes, federal agents interviewed Donna Bellanger about her knowledge of her son’s prior sexual assaults against children and whether her son had been allowed unsupervised contact with the children attending her in-home day care center.
In response to questions concerning prior allegations of sexual assault, Donna Bellanger truthfully informed agents that the in-home day care business had closed in June 2012 after allegations had arisen that her son had sexually assaulted a child attending the day care. Donna Bellanger failed to disclose to agents, however, that Brian had sexually assaulted a six-year-old neighbor in 2005. Further investigation revealed that Donna was well aware of that incident, that she and the mother of the child had spoken about the incident, and that the two had agreed that the matter would not be reported to police if Donna secured mental health counselling for her son.
In response to questioning, during two separate interviews, about whether Brian ever had unsupervised contact with the children in the day care before it closed in 2012, Donna Bellanger adamantly denied that her son ever had unsupervised access to the children. Donna Bellanger ultimately admitted in a third interview that the children would sometimes be allowed to play video games with Brian in his bedroom without supervision.
In interviews of former day care employees and acquaintances, agents developed evidence that Brian had been allowed to have unsupervised contact with the children attending the day care up and until its closure in 2012.
The charging statute provides a sentence of no greater than five years in prison, three years of supervised release and fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; and Chief Gary J. Gemme of the Worcester Police Department, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Mark J. Grady of Ortiz’s Worcester Branch Office.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better 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/.
California Financing Consultant Convicted in Kickback Scheme StingRead the Press Release
Boston – A California-based business consultant was convicted on Friday, May 15, 2015, for his role in a fraudulent scheme to pay kickbacks to an undercover agent posing as a corrupt hedge fund manager in order to obtain financing for small, publicly traded companies.
Sandip Shah, 41, of Chino, Calif., was convicted following a five-day jury trial on nine counts of wire fraud. Shah was indicted in May 2014, and is scheduled to be sentenced on August 11, 2015.
Shah was involved in a scheme to pay secret kickbacks to a purported investment fund representative who had agreed to use the fund’s money to buy stock in three companies that had hired Shah to help them raise capital. The kickbacks were concealed through the use of sham consulting agreements and other fraudulent documents. Shah and the company executives were unaware that the purported investment fund representative was actually an undercover agent with the Federal Bureau of Investigation.
The conviction followed a year-long investigation focusing on preventing fraud in the micro-cap stock markets. Micro-cap companies are small publicly traded companies whose stock often trades at pennies a share. Fraud in the micro-cap markets is of increasing concern to regulators as such markets have proven to be fertile grounds for fraud and abuse. This is, in part, because accurate information about micro-cap stocks may be difficult for the average investor to find, since many micro-cap companies do not file financial reports with the Securities Exchange Commission.
The Securities and Exchange Commission, which conducted a parallel civil investigation alongside the Federal Bureau of Investigation undercover operation, cooperated with criminal authorities in bringing charges against Shah and 20 other defendants who participated in the kickback scheme. All but one of those defendants has been convicted, either after trial or by way of guilty pleas, on charges arising out of their involvement in the scheme. The sole remaining defendant is currently a fugitive.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. The case was prosecuted by Assistant U.S. Attorneys Sarah E. Walters and Stephen E. Frank, Chief and Deputy Chief, respectively, of Ortiz’s Economic Crimes Unit.
This case was brought in coordination with President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
Mattapan Man Charged with Drug Distribution and Firearms ViolationsRead the Press Release
BOSTON – A Mattapan man was indicted today on drug distribution and firearms charges in U.S. District Court in Boston.
Manuel Pereyra, 27, was indicted on distribution of heroin, possession of a firearm in furtherance of a drug crime, and receipt of a firearm by a person under indictment. Pereyra has been detained since he was arrested on a criminal complaint in April 2015.
According to the charging documents, in March 2015, a cooperating witness told officers that Pereyra was a heroin dealer, and that Pereyra had previously traded heroin to obtain a firearm. As a result, on April 2, 2015, at the direction of law enforcement officers, the cooperating witness purchased heroin from Pereyra at a location in the Old Colony Public Housing Development in South Boston. During that meeting, Pereyra sought to obtain a firearm from the cooperating witness. On April 14, 2015, the cooperating witness and an undercover federal agent met with Pereyra in a hotel room in Dorchester. There, Pereyra gave the undercover federal agent 11 grams of heroin in exchange for a .380 caliber semi-automatic pistol. Pereyra was arrested at the scene moments after the exchange took place and before he was permitted to leave the room.
The charge of distribution of heroin provides for a sentence of no greater than 20 years in prison, a lifetime of supervised release, and a fine of $1 million. The charge of possession of a firearm in furtherance of a drug trafficking crime provides for a minimum mandatory sentence of five years (consecutive to any other sentence) and up to a lifetime in prison, five years of supervised release, and a fine of $250,000. The charge of receipt of a firearm by a person under indictment provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Jordi de Llano of Ortiz’s Major Crimes Unit.
Rhode Island Woman Charged with Defrauding Worcester-Area ImmigrantsRead the Press Release
BOSTON – A Rhode Island woman was arrested this morning and charged in U.S. District Court in Worcester with federal wire fraud in connection with a scheme to defraud undocumented immigrants that netted over $600,000.
Patria Zuniga, 52, of Woonsocket, RI, was charged with one count of wire fraud. She was arrested at her home this morning and appeared before U.S. Magistrate Judge David H. Hennessy this afternoon.
According to the complaint, from 2010 through 2012, Zuniga posed as an immigration official and specifically targeted undocumented immigrants who sought to normalize their immigration status. As part of her scheme, Zuniga told her victims that she could assist them in obtaining lawful permanent residence in the U.S. in exchange for payments of $9,000 to $10,000 per person. After receiving the initial payments, Zuniga demanded additional funds from immigrants and their families, and threatened to have them deported if they refused to pay.
Over the course of the scheme, it is alleged that Zuniga collected over $600,000 from immigrants via cash, money orders, and bank and Western Union wire transfers. Zuniga also allegedly attempted to distance herself from the fraud scheme and avoid detection by having third-parties (including family members) receive the payments on her behalf.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz, Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigation in Boston, and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. The case was investigated by HSI’s Document and Benefit Fraud Task Force, and is being prosecuted by Assistant U.S. Attorney Jordi de Llano of Ortiz’s Major Crimes Unit.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lowell Defense Attorney Pleads Guilty to Trading on Insider InformationRead the Press Release
BOSTON – A Lowell defense attorney pleaded guilty yesterday in U.S. District Court in Boston in connection with his role in a conspiracy to use inside information about business activities of American Superconductor Corporation (AMSC) to profit from trading AMSC stock.
Douglas Parigian, 56, pleaded guilty to a superseding information charging him with conspiracy and securities fraud. U.S. District Court Judge Denise J. Casper scheduled sentencing for Aug. 17, 2015.
Starting in or about July 2009, a friend of Parigian’s, Eric McPhail, began giving Parigian and others inside information about AMSC’s business activities and upcoming earnings announcements. McPhail obtained this information during golf matches, dinners, and other social outings with a close friend who was a senior executive at AMSC. The executive trusted McPhail to keep the information to himself and was unaware that McPhail was instead tipping his own friends. Between July 2009 and April 2011, Parigian, who knew the information was confidential and that it was improper for McPhail to disclose it, nonetheless repeatedly traded on it, making over $200,000 in illicit gains and avoided losses.
The securities fraud charge provides a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $5 million. The conspiracy charge provides a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 on each count. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission in the course of investigating this case. The case is being prosecuted by Assistant U.S. Attorneys Andrew E. Lelling of Ortiz’s Economic Crimes Unit and Seth B. Kosto of Ortiz’s Cybercrime Unit.
Springfield Man Pleads Guilty to Distributing Crack CocaineRead the Press Release
Boston – Dmitri Major, 37, pleaded guilty to distributing crack cocaine after being indicted in June 2014. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 3, 2015.
On Oct. 9 and 17, 2013, Major sold crack cocaine to an undercover law enforcement officer next to the Indian Motorcycle Building in Springfield.
The charging statute provides a sentence of no greater than 20 years in prison, five years of supervised release, and a fine of $1 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz, and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kevin O’Regan, Chief of Ortiz’s Springfield Branch Office.
Dominican Man Pleads Guilty to Fraudulently Receiving Disability BenefitsRead the Press Release
BOSTON – A Dominican man, who currently lives in Lawrence, pleaded guilty today in U.S. District Court in Boston to receiving $62,243 in disability benefits under a false identity.
Jose Marin, 33, pleaded guilty to one count of theft of public money after being indicted in October 2014. U.S. District Court Judge F. Dennis Saylor, IV scheduled sentencing for Aug. 4, 2015.
Marin, who was born in the Dominican Republic, entered the United States in or about 2003 unlawfully and acquired identification documents in the name of another person. From 2006 through July 2014, Marin received $62,243 in Social Security disability benefits under the other person’s identity. Marin would not have been eligible for these benefits under his true identity.
This case was brought as part of an ongoing effort by the U.S. Attorney’s Office in partnership with the Social Security Administration (SSA) to investigate and prosecute fraud pertaining to Social Security disability benefits.
In May 2015, Wendy Mairle, of North Attleboro, pleaded guilty to stealing $32,439 in SSA benefits from a disabled man whose finances she was managing. Sentencing is scheduled for Aug. 18, 2015.
In March 2015, Emily Lardiero, of Revere, was sentenced to three years of probation, including six months of home confinement, and was ordered to pay $47,671 in restitution to SSA and $40,391 in restitution to the U.S. Department of Housing and Urban Development (HUD). Lardiero worked and earned income for several years, despite telling SSA that she was still disabled and not earning income in order to continue receiving disability benefits. She also illegally received HUD rental subsidies for several years.
In July 2014, Charles Flynn and Steven Grondell, both of Georgetown, were each sentenced to three years of probation, including six months of home confinement, and ordered to serve 105 hours of community service and to pay $105,158 in restitution to SSA. Flynn received SSA disability benefits while working under Grondell’s identity, and with his permission, to conceal the work from SSA.
Also in July 2014, Carl Lynch, of Ware, was sentenced to three years of probation, including six months of home confinement, and was ordered to pay $50,264 in restitution to SSA. Lynch received SSA disability benefits while working under another man’s identity to conceal the work from SSA.
In January 2014, Antonio Pulinario Brea, of the Dominican Republic, was sentenced to 10 months in prison and ordered to pay $60,455 in restitution to SSA. Pulinario Brea used the identity of an American citizen to obtain SSA disability benefits that he would otherwise not have been entitled to receive.
United States Attorney Carmen M. Ortiz; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The Marin case was investigated by the Homeland Security Investigations’ Document and Benefit Fraud Task Force. The case is being prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Connecticut Man Sentenced to Ten Years in Child Enticement StingRead the Press Release
BOSTON – A Connecticut man was sentenced today in U.S. District Court in Boston for traveling to Watertown in response to an advertisement on Craigslist in which a woman sought an adult man who might be interested in a sexual relationship with her child. The Craigslist ad was placed by undercover federal agents seeking to detect online predators.
Paul R. Hinkel, 57, of Chester, Conn., was sentenced by U.S. District Court Judge William G. Young to 10 years in prison and five years of supervised release. He was convicted by a federal jury following a three-day trial in February 2015 of using the Internet in an attempt to entice or coerce a minor to engage in sex.
In February 2014, an undercover federal agent placed an advertisement on Craigslist posing as a mother seeking an adult male interested in a sexual relationship with her daughter. Hinkel responded to the advertisement and was not deterred when he was told that the daughter was only 15-years-old. Hinkel proceeded to engage in hundreds of emails with the undercover agents, detailing the sexual activities in which he would engage with the teen. On March 19, 2014, Hinkel traveled from his home in Chester, Conn. to Watertown to meet and have sex with the fictional minor daughter. He carried a bag to the door with him, which contained sexual paraphernalia, men’s cologne, and a stuffed animal. Hinkel was arrested by federal agents upon his arrival at the site in Watertown.
United States Attorney Carmen M. Ortiz and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. The HSI New Haven, Conn. Field Division; Customs & Border Protection, New York Air Unit; Watertown Police Department; and Massachusetts State Police, also assisted with the investigation. The case was prosecuted by Assistant U.S. Attorneys Eve A. Piemonte and Jordi de Llano of Ortiz’s Major Crimes Unit.
This case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better 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/.
Man Extradited to Scotland to Face Attempted Murder ChargeRead the Press Release
BOSTON – A Princeton, Mass. man was extradited to Scotland on Friday, May 8, to face trial on attempted murder charges. The surrender comes after extended litigation regarding the request by the United Kingdom (UK) for the extradition of Alexander Hilton in relation to allegations that he poisoned Robert Forbes on March 5, 2011. Hilton had returned to the United States shortly after the attempt and after being questioned by investigators in Scotland about the incident.
On Feb. 13, 2013, Hilton, 24, was arrested for purposes of extradition in response to the UK request. On March 5, 2013, U.S. Magistrate Judge Jennifer Boal released Hilton on conditions, including cash bond and home detention. During extradition proceedings, Judge Boal found that Hilton was subject to extradition to the UK, after reviewing the UK request and hearing additional evidence from Hilton regarding his mental health. Thereafter, Hilton challenged the extradition certification decision but his petition for a writ of habeas corpus was denied. The U.S. Court of Appeals for the First Circuit affirmed the decision. Hilton’s core argument was that his extradition to Scotland would result in his suffering from an increased risk of suicide due to his mental health condition, and for that reason, U.S. officials would infringe upon his due process rights by authorizing the extradition. The Court held that the decision whether to extradite him as a consequence of these concerns was properly entrusted by law to the U.S. Secretary of State, not the courts, as part of the Secretary’s final determination of whether to grant international requests for extradition. Thereafter, the Secretary of State considered Hilton’s case and granted the UK’s request to extradite Hilton to face trial for attempted murder in a Scottish court.
U.S. Attorney Carmen M. Ortiz and U.S. Marshal John Gibbons of the U.S. Marshals Service, District of Massachusetts, made the announcement today. The case was handled by Assistant U.S. Attorney Theodore Heinrich of Ortiz’s Drug Task Force Unit, with assistance from the Justice Department’s Office of International Affairs, Criminal Division. The transfer was coordinated and carried out by the U.S. Marshals Service.
Dorchester Gang Member Sentenced to over Twelve Years in Prison for Sex Trafficking MinorsRead the Press Release
Boston – A Dorchester man was sentenced today in U.S. District Court in Boston for sex trafficking minors.
Miriam Kizzie, a/k/a “Keys” and “Keyshawn,” 21, was sentenced by U.S. District Court Judge William G. Young to 153 months in prison and five years of supervised release. In February 2015, Kizzie pleaded guilty to two counts of sex trafficking of two minor women.
In July 2013, Kizzie met a 14-year-old and a 15-year-old girl, and, shortly thereafter, photographed the girls in suggestive poses. Kizzie created online advertisements for commercial sex using their photographs and posted the ads on the Internet. Over the course of the next week, both girls were repeatedly advertised online for prostitution and continued to see prostitution clients, primarily in Dorchester apartments, but also in the apartments of men who responded to the advertisements.
At today’s sentencing hearing, the mother of each victim addressed the court explaining the impact that the trafficking had on their teenage daughters and their families. One of the victims, now 16-years-old, addressed the court herself and described not only the impact of Kizzie’s actions but also her ongoing struggles as a result of the crime. She said, “He broke me. He lied to me. I’ve spent the past almost two years trying to put myself back together again.”
In addition to the charges against Kizzie, the indictment charged Anthony Pledger, a/k/a “Polo,” and “Jaden,” 26, with sex trafficking two other minors in October 2013 in Massachusetts in Rhode Island. Court documents allege that Pledger and Kizzie were members of the Thetford Avenue Buffalos, a local Boston street gang. In February 2015, Pledger pleaded guilty to two counts of sex trafficking the two minors and is scheduled to be sentenced on May 28, 2015.
United States Attorney Carmen M. Ortiz; Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston; and Boston Police Commissioner William Evans made the announcement today. The case was also investigated by the Rhode Island State Police, Massachusetts State Police, and the Brookline, Providence, Brockton, and Dedham Police Departments. Significant assistance was provided by the Rhode Island Attorney General’s Office and the Plymouth, Middlesex and Suffolk County District Attorney’s Offices. The case is being prosecuted by Assistant U.S. Attorneys Amy Harman Burkart and Timothy E. Moran of Ortiz’s Civil Rights Enforcement Team.
Members of the public who have questions, concerns, or information regarding this case should call (617) 748-3274, and messages will be promptly returned.
Lynn Tax Preparer Arrested on Tax Fraud ChargesRead the Press Release
BOSTON – A Lynn tax preparer was arrested today for filing fraudulent personal federal tax returns and attempting to obstruct the Internal Revenue Service.
Arismendy Ramos, a/k/a Arismendi Ramos, a/k/a Aris Almonte, was charged in a criminal complaint with four counts of filing false tax returns and two counts of obstructing the IRS. U.S. District Court Magistrate Judge Marianne B. Bowler ordered Ramos detained pending a further hearing.
According to allegations in the complaint, Ramos owned and operated Almonte Tax, a tax preparation service in Lynn, and prepared tax returns for numerous clients. Ramos allegedly filed false forms with the IRS claiming that he paid the clients to work for him when, in fact, they had never been employed by him. Ramos then allegedly claimed the bogus wages as business expenses on his own personal tax returns, thereby illegally reducing his own tax liabilities. The obstruction charges allege that Ramos instructed two clients that they should lie if they were asked about the false wages.
The charging statutes provide for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000 for each count. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and a number of sentencing factors.
United States Attorney Carmen M. Ortiz and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Victor A. Wild of Ortiz’s Economic Crimes Unit.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Boston Women Sentenced for Roles in Sex Trafficking OrganizationRead the Press Release
BOSTON – Two Boston women were sentenced in U.S. District Court in Boston for transporting other women across state lines to engage in prostitution.
Vanessa Grandoit, 26, of Roxbury, was sentenced today to one year and one day in prison and five years of supervised release. Kairis Sanchez, a/k/a “Lola,” of Dorchester and Portland, Maine, was sentenced on April 29, 2015, to 18 months in prison and five years of supervised release. Both women pleaded guilty to one count each of transportation to engage in criminal sexual activity.
Grandoit and Sanchez were both charged in indictments that named other individuals in a larger sex trafficking organization. Specifically, co-defendants Raymond Jeffreys, a/k/a “Skame Dollarz,” “Skame,” “Skamen,” “Define Dollarz,” and “Frenchy,” 27, of Dorchester, Jamaica Plain, and Portland, Maine; and Corey Norris, a/k/a “Case,” and “Jacorey Johnson,” 25, of Dorchester, were charged with the trafficking and transportation of nine victims, six of whom were under the age of 18, for the purposes of prostitution in Massachusetts, Maine, New Hampshire, Vermont, Rhode Island, Connecticut, Pennsylvania, New Jersey, New York, Maryland, Nevada, Georgia, Florida, and California. Grandoit and Sanchez provided logistical support to Jeffreys and Norris at various times, including by driving particular prostitutes across state lines.
In addition to the sex trafficking charges, Jeffreys and another defendant, Jaquan Casanova a/k/a “Cass,” “Joffe,” “Joffy,” and “Joffy Joe,” 24, of Dorchester, were charged in a third superseding indictment with tampering with a federal witness by attempting to kill him and with conspiring with each other to do so. The victim of the shooting is Darian Thomson, a/k/a “Bo,” “Dee Bo,” himself a former co-defendant in the sex-trafficking operation. According to the allegations in the third superseding indictment, in April 2013, Thomson was released from state custody on unrelated state charges in New Jersey and returned to Boston where he was shot in the head by Casanova at the direction of Jeffreys. The third superseding indictment alleges that Jeffreys believed that Thomson had cooperated with law enforcement in New Jersey and directed the shooting of Thomson with the intent to kill him in order to prevent Thomson from providing information to federal law enforcement regarding his and Norris’ sex trafficking activities.
United States Attorney Carmen M. Ortiz; Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston; and Boston Police Commissioner William Evans, made the announcement today. The witness tampering charges were investigated jointly by HSI and the Boston Police Department’s Human Trafficking Unit and Homicide Unit. The sex trafficking charges were investigated jointly by HSI, BPD, and the FBI.
The U.S. Attorney’s Office also wishes to recognize and thank Shawn Meehan, Resident Agent in Charge of the HSI Portland Office; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Aaron Steps, Supervisory Senior Resident Agent in Charge of the FBI Maine Office; the Suffolk County District Attorney’s Office; Cumberland County (Maine) District Attorney’s Office; the United States Attorney’s Office for the District of Maine; the Massachusetts State Police; the Portland (Maine), Old Town (Maine), Braintree, and South Portland (Maine) Police Departments; the Maine Drug Enforcement Agency; and the Cumberland County Sheriff’s Office. This case is being prosecuted by Assistant United States Attorneys Amy Harman Burkart and Christopher Pohl of Ortiz’s Civil Rights Enforcement Team and Special Assistant United States Attorney and Suffolk County Assistant District Attorney David S. Bradley.
Massachusetts Defense Subcontractor to Resolve False Claims Concerning “Made-In-America” Contract RequirementsRead the Press Release
BOSTON – A Massachusetts company, Trendware Marketing, LLC, a supplier of components for military boots, has entered into an agreement with the United States to resolve allegations that it violated the False Claims Act when it did not comply with the Department of Defense’s (DOD) made-in-America requirements.
Trendware will pay $600,000 to resolve the government’s claim that it violated the Berry Amendment in connection with DOD contracts for military combat boots. The Berry Amendment requires that certain items purchased by the DOD, including military boots and boot hardware, be wholly of United States origin. The government alleges that, although Trendware certified that it was in compliance with the Berry Amendment, the footwear components provided by the company for military boots were not manufactured within the United States. Trendware’s certifications of compliance were false and misleading. This resolution seeks to strip Trendware of its unfair price advantage in competing for military contracts by using non-American-made products and undercutting its competitors.
“Trendware falsely claimed that all of its products were made in America, and thereby ensured that it won government contracts worth hundreds of thousands of dollars,” said United States Attorney Carmen M. Ortiz. “These false claims not only deprived the United States military of the products it required, but deprived other honest businesspeople of a fair shot at this government contract.”
“Second only to our servicemen and women in the defense of this great nation is the vital importance of our technology and equipment,” said Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “Whether it’s a main battle tank or the boots that go on the feet of our troops, we have to be absolutely certain that we are getting what we pay for—there can be no doubt or room for error when lives are literally at risk on the battlefield. We owe nothing less than that to our servicemembers, and our CID special agents are fully committed to ensuring that the government and the Army get what they pay for.”
“Ensuring our servicemen and women are outfitted with the proper equipment procured through a fair and honest acquisition process is essential,” said Craig W. Rupert, Special Agent in Charge of the Northeast Field Office, Defense Criminal Investigative Service, Department of Defense, Office of the Inspector General. “DCIS continues working with our law enforcement partners to shield America’s investment in national defense from the manipulation of the procurement process by unscrupulous contractors.”
This matter was handled by Assistant U.S. Attorney Sonya A. Rao of Ortiz’s Civil Division.
Douglas Man Pleads Guilty to Federal Child Exploitation ChargesRead the Press Release
BOSTON – A Douglas man pleaded guilty yesterday in U.S. District Court in Worcester to attempting to travel to New York to engage in illicit sexual conduct with an undercover federal agent posing as a teenage girl.
Scot Trudeau, 40, pleaded guilty to one count of attempting to travel to engage in illicit sexual conduct with a minor. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 18, 2015.
The investigation of Trudeau’s conduct began after federal law enforcement in New York received complaints from an internet watchdog that Trudeau was engaged in questionable online communications concerning minors. As a result, agents created a fictitious persona for a 13-year-old girl, “Casey,” and, via email, introduced “Casey” to Trudeau. From September 2013 to January 2014, Trudeau communicated with “Casey” in dozens of emails. In the course of these communications, Trudeau, who was in Massachusetts, proposed several times that the two meet near “Casey’s” supposed home in New York, and graphically described sexual acts that Trudeau wished to perform with her. Trudeau was arrested in February 2014, and subsequently confessed.
The charging statute provides for a sentence of no greater than 30 years in prison, a minimum term of five years and up to a lifetime of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Mark J. Grady of Ortiz’s Worcester Branch Office.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better 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/.
U.S. Attorney Ortiz Announces Your Future, Your Decision Essay WinnersRead the Press Release
On April 15, 2015, Woodland Academy in Worcester hosted U.S. Attorney Carmen M. Ortiz for the Your Future, Your Decision Program. More than 100 fifth and sixth-grade students attended the event which focused on the importance of good decision making. A resource fair and student essay contest was held in concert with the event. U.S. Attorney Ortiz congratulates the following top three essay contest winners, who were selected by the teaching staff at Woodland Academy:
- Daniel
- Luis
- Rut
East Boston Man Charged with Malathion MisuseRead the Press Release
BOSTON – An East Boston man was indicted on Thursday, April 30, 2015, in connection with his unlawful application of a federally-registered pesticide.
Jose Sanchez, Sr., 60, used a pesticide containing Malathion in a home when Malathion is only approved for exterior use. Under the federal Fungicide, Insecticide and Rodenticide Act (FIFRA), registered pesticides may only be used in a manner consistent with their approved labeling, in part to ensure the safety of persons who may be exposed to the toxins contained in the pesticide.
The charging statute provides a sentence of no greater than 30 days in prison and a fine of $1,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency, Criminal Investigation Division, Boston Office, made the announcement today. The case is being prosecuted by Thomas E. Kanwit of Ortiz’s Major Crimes Unit.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Andover Man and His Woburn Construction Company Charged with Defrauding Union Benefit Funds and IRSRead the Press Release
BOSTON – An Andover man and his Woburn company were charged yesterday with paying employees in cash in order to avoid paying union benefits and employment taxes.
Ronald P. Mulcahey, 53, and Wing Environmental, Inc., were indicted on theft from benefit plans subject to the provisions of Title I of the Employee Retirement Income Security Act of 1974 (ERISA) and making false statements in documents submitted to benefit plans subject to ERISA. Mulcahey was also charged with tax evasion.
The indictment alleges that Mulcahey was the owner and sole corporate officer of Wing Inc. Specialty Trades, EWT-Fireproofing, Inc., and Wing Environmental, Inc. Wing Environmental was a union company that provided asbestos abatement and demolition services and had a collective bargaining agreement with the Laborer’s International Union of North America, Local 1421. As a union employer, Wing Environmental was required to accurately report to the union benefit funds the number of hours worked by its union employees and to make the corresponding contributions to the funds. The indictment further alleges that, between January 2008 and June 2011, Mulcahey and Wing Environmental engaged in a scheme to defraud the union benefit funds by paying some of those employees in cash. By keeping the cash payments off-the-books, Mulcahey and Wing Environmental falsely underreported the union workers’ hours in order to avoid making the required hourly payments to the benefit funds. Union benefit funds are used to provide healthcare, pensions and other services to union members.
According to the indictment, Wing Specialty Trades and EWT-Fireproofing were non-union companies that provided asbestos abatement, demolition, and fireproofing services. All of Mulcahey’s companies were required by federal tax law to accurately report their total payments to employees and to withhold and pay to the IRS the applicable employment and income taxes based on those payments. Between January 2008 and June 2011, it is alleged that Mulcahey was defrauding the IRS by paying certain employees of all three of his companies in cash. By keeping the cash payments off-the-books, Mulcahey falsely underreported his workers’ wages to the IRS and avoided paying employment taxes on the unreported wages.
Each of the charging statutes provides for a sentence of no greater than five years in prison and three years of supervised release. The ERISA charges provide for a fine of no greater than $250,000 and the tax charges provide for a fine of no greater than $100,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Cheryl Garcia, Special Agent in Charge of the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Susan A. Hensley, Regional Director of the Employee Benefits Security Administration, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kristina E. Barclay of Ortiz’s Public Corruption Unit.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Three Men Charged with Sex TraffickingRead the Press Release
BOSTON – Three men were arrested today on charges related to the sex trafficking of several women, including a minor.
Tyrell Gorham, a/k/a Sheek, 30, of Lewiston, Maine; Chelanjei Greene, a/k/a Young, 32, of Brockton; and Lee Young, a/k/a Chop, 32, of Brockton, were charged in a federal complaint with sex trafficking of a minor across state lines and sex trafficking through force, fraud, or coercion.
According to the criminal complaint, an undercover law enforcement operation conducted in February 2013 identified three adult women and one minor woman as victims of a sex trafficking ring. The investigation revealed that Gorham allegedly used social media to identify and target vulnerable women living in the Portland, Maine area, and then either lured or transported them to the Greater Boston area where Gorham, Greene, and Young would force them to work as prostitutes, posting advertisements for their services on Backpage.com. The victims were required to have sex with 10 to 15 customers per day and turn over their earnings to Gorham, Greene, and Young.
The case was investigated by the Federal Bureau of Investigation’s Boston Child Exploitation Task Force (CETF). Significant investigative assistance was provided by the FBI; the Boston Police Department Child Abuse and Human Trafficking Units; the Arlington, Malden, Norwood, Revere, Saugus, Woburn, and Brockton Police Departments; the Massachusetts State Police; and the Massachusetts State Police Human Trafficking Unit of the Massachusetts Attorney General’s Office.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Emily Cummings and Timothy Moran of Ortiz’s Organized Crime and Gang Unit.
The details contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
North Attleboro Woman Pleads Guilty to Stealing from Disabled ManRead the Press Release
BOSTON – A North Attleboro woman pleaded guilty today to stealing $32,439 in government benefits from a disabled man whose financial affairs she was managing.
Wendy Mairle, 49, pleaded guilty to converting Social Security payments. In April 2015, Mairle was charged in a felony information. U.S. District Court Senior Judge Mark L. Wolf scheduled sentencing for Aug. 18, 2015.
In 2012, Mairle became the representative payee for the monthly Social Security disability payments of a man who was in full-time residential treatment at a local hospital. As a representative payee, Mairle was required to spend the Social Security payments on the man’s behalf. From May 2012 to May 2014, Mairle received $45,255 from the Social Security Administration (SSA), but she only spent $12,816 on the disabled man’s behalf and spent the remaining $32,439 on herself, including a vacation to Myrtle Beach, South Carolina.
This case was brought as part of an ongoing effort by the U.S. Attorney’s Office in partnership with the SSA to investigate and prosecute fraud pertaining to Social Security disability benefits.
In March 2015, Emily Lardiero, of Revere was sentenced to three years of probation, including six months of home confinement, and was ordered to pay $47,671 in restitution to SSA and $40,391 in restitution to the U.S. Department of Housing and Urban Development (HUD). Lardiero worked and earned income for several years, despite telling SSA that she was still disabled and not earning income in order to continue receiving disability benefits. She also illegally received HUD rental subsidies for several years.
In July 2014, Charles Flynn and Steven Grondell, of Georgetown, were each sentenced to three years of probation, including six months of home confinement, and were ordered to serve 105 hours of community service and to pay $105,158 in restitution to SSA. Flynn received SSA disability benefits while working under Grondell’s identity, and with his permission, to conceal the work from SSA.
Also in July 2014, Carl Lynch, of Ware, was sentenced to three years of probation, including six months of home confinement, and was ordered to pay $50,264 in restitution to SSA. Lynch received SSA disability benefits while working under another man’s identity to conceal the work from SSA.
In January 2014, Antonio Pulinario Brea, of the Dominican Republic, was sentenced to ten months in prison and was ordered to pay $60,455 in restitution to SSA. Pulinario Brea used the identity of an American citizen to obtain SSA disability benefits that he was not entitled to receive under his true identity.
United States Attorney Carmen M. Ortiz and Scott Antolik, Special Agent in Charge of the Office of Inspector General, Social Security Administration, Office of Investigations, Boston Field Division, made the announcement today. The Mairle case is being prosecuted by Special Assistant U.S. Attorney Timothy Landry of Ortiz’s Major Crimes Unit.
Former Somerville and Cambridge Teacher Convicted by Jury of Child Pornography ChargesRead the Press Release
BOSTON – Following a five-day trial, a former Somerville and Cambridge elementary school teacher was convicted today of child pornography charges.
Josh Wairi, 28, of Somerville, was convicted by a federal jury of possession of child pornography and transportation of child pornography. Wairi was acquitted of three counts of production and attempted production of child pornography. U.S. District Court Judge William G. Young scheduled sentencing for July 29, 2015.
Wairi, a former fifth and sixth grade teacher in the Somerville and the Cambridge Public Schools, used his email account to trade and receive images and videos of child pornography, and also uploaded images and videos of children being sexually exploited.Furthermore, Wairi transferred the images and videos of child pornography to other users.Wairi possessed more than 27,000 images and over 530 videos of children engaged in sexually explicit conduct.Wairi admitted to viewing videos and images of minor children for sexual self-gratification.
The charge of transportation of child pornography provides for a mandatory minimum sentence of five years and no greater than 20 years in prison, a mandatory minimum of five years and a maximum of lifetime of supervised release, and a fine of $250,000. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a mandatory minimum of five years and a maximum of lifetime of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Somerville Police Chief David Fallon; and Cambridge Police Commissioner Robert Hass, made the announcement today. The case is being prosecuted by Assistant U.S. Attorneys Suzanne Sullivan Jacobus and Seth B. Orkand of Ortiz’s Major Crimes Unit.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better 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/.
Members of the public who have questions, concerns or information regarding this case should call (617) 748-3274.
Florida Gun Trafficker Sentenced for Shipping Guns to Aaron Hernandez and Lying to Cover UpRead the Press Release
BOSTON – A Florida man was sentenced today in U.S. District Court in Boston today for trafficking firearms to former New England Patriots football player, Aaron Hernandez, and lying to a federal Grand Jury to conceal his role.
Oscar Hernandez, Jr., 24 of Belle Glade, Fla. was sentenced by U.S. District Court Judge William G. Young to two years in prison and three years of supervised release. In January 2015, Hernandez pleaded guilty to three counts of making false declarations before the Grand Jury, one count of obstruction of justice, one count of witness tampering, and one count of conspiracy to transfer a firearm from an unlicensed person whose residence is in a different state.
“The illegal trafficking of firearms in our country threatens the safety of each and every community as well as the laws that ensure safe gun ownership,” said United States Attorney Carmen M. Ortiz. “This case demonstrates that no one is immune from the scrutiny of the law, and, that in the end, justice will prevail.”
“Firearms trafficking continues to be a top priority for ATF and our law enforcement partners and we are committed to identifying and disrupting the sources of illegal firearms which jeopardize the safety of our communities,” said Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division.
Hernandez, Jr. was engaged in a conspiracy with former New England Patriots football player Aaron Hernandez (no relation) and others to purchase firearms in Florida and deliver the firearms to Aaron Hernandez in Massachusetts. Three of the guns provided by Hernandez, Jr. to Aaron Hernandez were recovered during the course of the homicide investigation of victim Odin Lloyd.
Aaron Hernandez funded the conspiracy by providing Hernandez, Jr. with $15,000 to buy the guns. Hernandez, Jr. bought an older model Toyota Camry to ship the guns from Florida to Massachusetts, and arranged and paid for the transportation of the car from Florida to Aaron Hernandez’s residence in North Attleboro. Aaron Hernandez’s girlfriend, Shayanna Jenkins, paid for the delivery of the car which contained the guns, and which was then stored in Aaron Hernandez’s garage. Aaron Hernandez’s palm print was recovered from one of the guns recovered from the Toyota Camry.
In December 2013, Hernandez, Jr. lied to the Grand Jury concerning his and others’ involvement in the gun trafficking scheme and obstructed justice by delaying the Grand Jury’s investigation. Furthermore, Hernandez, Jr. attempted to influence a Grand Jury witness’ testimony by repeatedly asking the witness to lie to protect him and others from criminal responsibility.
During today’s sentencing hearing, Judge Young noted the need to protect the public from those, like Hernandez, Jr., who ship guns illegally into Massachusetts, and described the conspiracy as an extraordinarily dangerous and serious crime. Young also said that witness tampering and coaching another witness to lie, were crimes that go to the heart of the justice system.
U.S. Attorney Ortiz , SAC Kumor, and Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Glenn A. MacKinlay of Ortiz’s Organized Crime & Gang Unit.
Connecticut Man Sentenced for Child Pornography ChargesRead the Press Release
BOSTON – A Cromwell, Conn. man was sentenced on Friday, May 1, 2015, to child exploitation charges in U.S. District Court in Bridgeport, Conn.
Samuel DiProto, 63, was sentenced to 84 months in prison and 10 years of supervised release by U.S. District Court Judge Jeffrey Alker Meyer. DiProto pleaded guilty in September 2014 to receiving child pornography.
From 2009 through March 2013, DiProto downloaded child pornography from a file sharing network. A law enforcement official discovered DiProto’s child pornography after logging into the publicly available file sharing network and discovered downloaded images and videos of child pornography from a computer that was traced to DiProto.
United States Attorney Carmen M. Ortiz; Patricia M. Ferrick, Special Agent in Charge of the Federal Bureau of Investigation, New Haven Division; and Connecticut State Police Colonel Brian F. Meraviglia, made the announcement today.
This matter was investigated by the Connecticut State Police Computer Crimes Unit, the Federal Bureau of Investigation and the Connecticut Child Exploitation Task Force, which includes federal, state and local law enforcement agencies. The case was prosecuted by Assistant U.S. Attorney Kevin O’Regan, Chief of Ortiz’s Springfield Branch Unit and Assistant U.S. Attorney Neeraj N. Patel in the District of Connecticut. The case was prosecuted under the auspices of the U.S. Attorney’s Office in the District of Massachusetts to avoid the appearance of a conflict of interest because the defendant has a familial relationship with federal law enforcement in the District of Connecticut.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better 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/.
Andover Attorney Charged in Superseding Indictment with $1 Million Tax Refund Check ScamRead the Press Release
BOSTON – An attorney specializing in real estate closings and a co-conspirator were charged today with depositing more than $1 million in fraudulently obtained IRS refund checks into several different bank accounts, including the attorney’s trust accounts, in an effort to launder the proceeds.
Attorney R. David Cohen, 63, and Francisco Oscar “Frank” Grullon, 48, both of Andover at the time of the alleged crime, were charged in a superseding indictment with conspiracy, conversion, and receipt of stolen United States property, and conspiracy to commit money laundering. Cohen and Grullon were indicted in January 2015, and Cohen was arrested by complaint in December 2014. Grullon is believed to be outside of the United States.
According to the superseding indictment and an affidavit filed in the case, the investigation identified a scheme in which individuals filed fraudulent tax returns with fictitious W-2 information, usually a name and social security number of a resident of Puerto Rico, whose residents are not required to file federal income tax returns. Once the fraudulent returns were accepted by the IRS, refund checks were sent to designated addresses in Lawrence, East Boston, and New York controlled by his co-conspirators.
Beginning in October 2011, Cohen, Grullon, and another co-conspirator deposited at least 156 fraudulently deposited tax refund checks totaling $1,027,084 into various local banks to launder them through Cohen’s “Interest On Lawyer’s Trust Accounts” (IOLTA), as well as through bank accounts in the name of AD Professional Association, Inc. When questioned by bank officials about the large amount of third-party U.S. Treasury checks Cohen was depositing and negotiating through his IOLTA and personal accounts, Cohen falsely claimed that the payees were his clients. When one bank requested proof of third-party endorsement of the checks, Cohen falsely signed and notarized a form purporting to state that the payee had endorsed the check to AD Professional Association.
The charge of conspiracy provides a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000, or twice the loss or gain from the offense. The charge of conversion and receipt of stolen U.S. property provides a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, or twice the loss or gain from the offense. The charge of money laundering provides a sentence of no greater than 20 years in prison, five years of supervised release, a fine of $500,000, or twice the value of the property involved in the transaction. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistance with the investigation was provided by the Department of Homeland Security and U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorney S. Theodore Merritt of Ortiz’s Public Corruption and Special Prosecutions Unit.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Springfield Man Pleads Guilty to Heroin DistributionRead the Press Release
BOSTON – Luis Oppenheimer, 27, of Springfield, pleaded guilty today to conspiracy to possess with intent to distribute and to distribute heroin, and possession with intent to distribute and distribution of heroin. U.S. District Judge Mark G. Mastroianni scheduled sentencing for August 20, 2015.
On Oct. 6, 2013, Oppenheimer sold heroin to an undercover federal agent in Springfield. He also admitted that, during the transaction, he accepted $400 in exchange for drugs after his co-conspirator handed heroin to the undercover agent. Oppenheimer’s co-conspirator, Jose Vargas, pleaded guilty to the same charges in March 2015. The drug purchase was captured on video.
The charge of conspiracy to possess with intent to distribute heroin provides a sentence of no greater than 20 years in prison, 3-5 years supervised release, and a fine of $1 million. The charge of distribution of heroin provides a sentence of no greater than 20 years in prison, 3-5 years supervised release, and a fine of $1 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
West Yarmouth Man Sentenced for Child PornographyRead the Press Release
BOSTON – Adam Polakowski, 46, of West Yarmouth, Mass., was sentenced yesterday by U.S. District Court Senior Judge Mark L. Wolf to five years in prison, six years of supervised release, and ordered to pay restitution to four victims. In January 2015, Polakowski pleaded guilty to distribution and possession of child pornography.
On Jan. 14, 2014, law enforcement officers executed a federal search warrant at Polakowski’s West Yarmouth residence. Numerous items, including a desktop computer and a thumb drive, were seized and a search revealed more than 800 images of child pornography, including photographs depicting minors between 4 and14 years of age engaged in sexually explicit activity. Additionally, during the search, several pairs of girls’ underwear were found in Polakowski’s residence where he lived alone.
During an interview with law enforcement officers, Polakowski admitted to using his computer to distribute and receive child pornography. Specifically, Polakowski admitted that he had gone to local beaches and secretly taken photos of young girls which he posted on the Internet.
United States Attorney Carmen M. Ortiz; Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations in Boston; and Yarmouth Police Chief Frank Frederickson, made the announcement today. The case was prosecuted by Assistant U.S. Attorney David G. Tobin of Ortiz’s Major Crimes Unit.
Springfield Man Indicted on Federal Firearm ChargeRead the Press Release
BOSTON – Joshua Ortiz, 23, of Springfield, was indicted in U.S. District Court in Springfield for being a convicted felon in possession of a firearm and ammunition.
The indictment alleges that on Oct. 10, 2014, Ortiz possessed a HiPoint Model JHP .45 caliber firearm and eight rounds of ammunition.
The charge of being a felon in possession of a firearm provides a maximum sentence of 10 years in prison, three years of supervised release, and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Springfield Police Commissioner John Barbieri, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lawrence Man Sanctioned for Failing to Appear for Tsarnaev Jury Selection ProcessRead the Press Release
BOSTON – A Lawrence man was first lambasted by the Court and then sanctioned yesterday for his failure to appear for the final rounds of jury selection in the United States v. Tsarnaev matter.
After an evidentiary hearing on Thursday afternoon, U.S. District Court Judge William G. Young found that prospective juror Jose Gutierrez intentionally violated his obligation to serve as a juror under federal law. In particular, the court found that Gutierrez intentionally skipped jury service on March 3, 2015, in order to go to work. The Court also found that Gutierrez had proper and timely notice that he was to appear for jury duty that morning. His unexcused absence caused significant disruption to the jury selection process in a criminal trial that day. The Court concluded that Gutierrez’s conduct violated federal law relating to compliance with jury service responsibilities.
In discussing the appropriate sanction, Judge Young reminded Gutierrez that jurors, like judges, serve as “constitutional officers” during their term of service, and that serving on a jury is not only an obligation but a constitutional right. Citing the more than 1300 other persons who complied with their obligation to appear in the Tsarnaev matter, Judge Young told Gutierrez that he should “be ashamed” of his decision not to appear, particularly because Gutierrez was the only one to fail to appear as called without providing advance notice and a valid reason. Judge Young then imposed a fine of $400 and ordered Gutierrez to participate in 40 hours of community service.
“Juries are the cornerstone of our criminal justice system,” said United States Attorney Carmen M. Ortiz. “Jury service is both a right and an obligation of every citizen. When called, we must serve.”
U.S. Attorney Ortiz made the announcement today. The matter was handled by Assistant U.S. Attorneys Giselle J. Joffre and Justin D. O’Connell of Ortiz’s Civil Division.
Martha’s Vineyard CPA Sentenced for Tax FraudRead the Press Release
BOSTON – A Vineyard Haven CPA was sentenced on Tuesday, April 28, 2015, for filing false tax returns in which he underreported more than $800,000 in income for three years.
Roger A. Armstrong, 61, was sentenced by U.S. District Court Judge Indira Talwani to three years of probation, the first nine months of which are to be served in home confinement, and ordered to pay a fine of $3,000. At the sentencing hearing, Armstrong paid restitution of $389,365, which included his taxes owed, as well as interest and penalties. In January 2015, Armstrong pleaded guilty to three counts of filing false tax returns.
Armstrong, a certified public accountant (CPA) and tax preparer who lived and worked on Martha's Vineyard, owned rental property in Massachusetts and Florida. As a sole proprietor, Armstrong was required to accurately report his gross receipts and his business profit or loss on his individual income tax returns and also was to report any rental income he received. For tax years 2009 through 2011, Armstrong filed tax returns in which he significantly underreported both his business gross receipts and his rental income. Specifically, he did not report a total of $790,000 in gross receipts and $47,000 in rental income, and, as a result of the underreporting, did not pay $200,000 in taxes.
United States Attorney Carmen M. Ortiz and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Sandra S. Bower of Ortiz’s Economic Crimes Unit.
Maine Nursing Home Operator to Pay $300,000 to Resolve Allegations Concerning Claims for Rehabilitation TherapyRead the Press Release
BOSTON – A skilled nursing facility operator in Maine, Rousseau Management, Inc., entered into an agreement with the United States to pay $300,000 to resolve allegations concerning inflated Medicare claims.
Rousseau, which owns the Horizons Living and Rehab Center in Brunswick, Maine, and previously provided administrative management services to the Amenity Manor skilled nursing facility in Topsham, Maine, entered into an agreement concerning claims for therapy purportedly provided by its subcontractor, RehabCare Group East, Inc. (RehabCare), a part of Kindred Healthcare, Inc. This settlement resolves allegations that Rousseau submitted, or caused the submission of, claims to Medicare that sought inflated amounts of reimbursement based on the provision of unreasonable, unnecessary, unskilled rehabilitation therapy, or therapy that was not provided at all.
“This settlement is another in a series of resolutions involving inflated Medicare billing at skilled nursing facilities,” said United States Attorney Carmen M. Ortiz. “We continue our efforts to ensure that the provision of care in nursing facilities is based on patients’ clinical needs and not tied to the inflated financial interests of the companies providing care.”
“These defendants allegedly made decisions based on profitability, rather than on patient care,” said Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “These actions not only affect patients, but have a ripple effect on taxpayers who pay into the system. The FBI will continue to work with all of our law enforcement partners to make sure those who abuse the healthcare system are brought to justice.”
The United States alleges that prior to Oct. 1, 2011, Rousseau failed to take sufficient steps to prevent RehabCare from engaging in a pattern and practice of providing high levels of therapy that were not reasonable or necessary during so-called “assessment reference periods,” thereby causing Horizons and Amenity Manor to bill for their Medicare patients’ care at the highest reimbursement level, even though RehabCare was providing less therapy to those same patients during those periods when the facilities were not required to report to Medicare the amount of therapy their Medicare patients were receiving.
This settlement further resolves allegations that, even after Oct. 1, 2011, Rousseau failed to prevent other RehabCare practices designed to inflate Medicare reimbursement, including: (1) presumptively placing patients in the highest reimbursement level unless it was shown that the patients could not tolerate that amount of therapy, rather than using individualized evaluations to determine the level of care most suitable for each patient’s clinical needs; (2) planning the minimum number of minutes of therapy required to bill at the highest reimbursement level while discouraging the provision of therapy in amounts beyond that minimum threshold, despite the Medicare requirement that the amount of care provided be determined by patients’ clinical needs; (3) arbitrarily shifting the number of minutes of planned therapy between therapy disciplines to ensure targeted reimbursement levels were achieved; (4) reporting that time spent on initial evaluations was therapy time in order to avoid the Medicare prohibition on counting initial evaluation time as therapy time; and (5) reporting that time spent providing unskilled palliative care was time spent on skilled therapy.
HHS Hotline. The government encourages anyone with information about the practices described above, or similar practices involving rehabilitation therapy in nursing facilities, to contact the Department of Health and Human Services Office of Inspector General Hotline via telephone, 1-800-HHS-TIPS (1-800-447-8477), or in writing via https://forms.oig.hhs.gov/hotlineoperations/.
This matter was investigated by the Department of Health and Human Services, Office of the Inspector General, and the Federal Bureau of Investigation. The case was handled by Assistant U.S. Attorneys Gregg Shapiro and Patrick Callahan of Ortiz’s Affirmative Civil Enforcement Unit and Department of Justice Trial Attorneys Christelle Klovers and Rohith Srinivas.
Justice Department Settles Housing Discrimination Lawsuit involving North Attleboro Apartment ComplexRead the Press Release
BOSTON – The U.S. Attorney’s Office and the Justice Department today announced an agreement with J & R Associates, the owner and operator of the Royal Park Apartments in North Attleboro, Mass., to resolve allegations of discrimination against families with children in violation of the Fair Housing Act.
The lawsuit, filed today in U.S. District Court in Boston, alleges that J & R Associates discriminated against families with children seeking to rent units at Royal Park Apartments by maintaining and enforcing policies that segregate families with children in certain buildings and restrict them to certain floors and units within the 224-unit complex. The allegations are based on evidence generated by the Department’s Fair Housing Testing Program, in which individuals pose as renters to gather information about possible discriminatory practices.
Under the terms of the agreement, which is in the form of a consent order and still must be approved by the Court, J & R Associates will establish a settlement fund in the amount of $135,000 to compensate victims of their discriminatory practices. The defendant also will pay $7,500 in civil penalties to the United States. The agreement requires J & R Associates to take steps to ensure that families with children no longer are restricted from renting units anywhere at Royal Park Apartments.
“Families should be able to rent and live where they choose, without being discriminated against because they have children,” said United States Attorney Carmen M. Ortiz. “My office remains committed to enforcing federal civil rights laws to ensure equality for the residents in this district.”
“Discrimination against families because they have children limits their ability to find suitable housing and will not be tolerated,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division. “We appreciate the defendant’s cooperation with our investigation and willingness to resolve the claims.”
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at [email protected] or contact HUD at 1-800-669-9777.
This matter was handled by Assistant U.S. Attorney Jennifer Serafyn of Ortiz’s Civil Rights Enforcement Team and Trial Attorney Beth Pepper of the Justice Department’s Civil Rights Division.
Former Merrill Lynch and Smith Barney Investment Adviser Receives Second Conviction for Defrauding ClientsRead the Press Release
BOSTON – A former Merrill Lynch and Smith Barney investment adviser already serving a federal prison term for investment fraud pleaded guilty on Tuesday, April 28, 2015 to additional fraud charges in connection with a nearly two-decade-long scheme to defraud clients of hundreds of thousands of dollars.
Jane E. O’Brien, 62, of Needham, pleaded guilty to three counts of mail fraud, two counts of wire fraud, and two counts of investment adviser fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Aug.6, 2015.
As alleged in the indictment, between 1995 and 2013, O’Brien defrauded several clients for whom she provided investment advisory services. As part of the scheme, O’Brien misappropriated funds entrusted to her through a variety of means, including persuading clients to withdraw money from their bank and brokerage accounts and give the money to her to invest on their behalf. After gaining control of her clients’ money, however, O’Brien made no such investments. Instead, she used the misappropriated client funds for a variety of improper purposes, including paying personal expenses, paying purported investment returns, or repaying personal loans to other clients. Finally, in order to perpetuate her fraud and conceal it from her clients, O’Brien made false statements and misrepresentations to clients, including by making lulling payments to clients and otherwise providing them with false assurances of their financial security.
Specifically, O’Brien caused one client to empty her Smith Barney brokerage account, then to borrow an additional $1 million on her home and give much of that money to O’Brien to invest. With respect to a second client, O’Brien caused the client to empty her Merrill Lynch brokerage account and give the proceeds to O’Brien, purportedly to invest in a Hollywood movie called “Crooked Arrows.” With respect to a third client, O’Brien caused the client to withdraw $190,000 from her bank account and give the proceeds to O’Brien to invest. O’Brien made none of the investments she promised.
O’Brien was previously convicted of securities fraud after pleading guilty in December 2012 to a scheme to defraud yet another client of $240,000 by selling her a security that did not exist. She is currently serving a sentence of 33 months in prison.
The charges of mail and wire fraud provide for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of investment adviser fraud provides for a sentence of no greater than five years in prison, three years of supervised release, and a $10,000 fine. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Stephen E. Frank, Deputy Chief of Ortiz’s Economic Crimes Unit.
Former FBI Assistant Special Agent in Charge in Boston Charged with Perjury and Obstruction of JusticeRead the Press Release
BOSTON – Robert Fitzpatrick, former Assistant Special Agent in Charge (ASAC) of the FBI’s Boston Field Office, has been indicted by a federal grand jury on six counts of perjury and six counts of obstruction of justice in connection with his testimony at the 2013 trial of James “Whitey” Bulger. Fitzpatrick was an ASAC in Boston between 1981 and 1986 and supervised the FBI’s organized crime squad in Massachusetts, Rhode Island, New Hampshire and Maine.
Fitzpatrick, 75, of Charlestown, R.I., who is the author of “Betrayal, Whitey Bulger and the FBI Agent Who Fought To Bring Him Down," testified under oath at the Bulger trial on July 29 and July 30, 2013. During that testimony, it is alleged that Fitzpatrick made false material declarations to aid Bulger’s defense and designed, in part, to enhance his own credibility as a former FBI official testifying for the defense.
It is alleged that Fitzpatrick falsely testified that: he was specifically sent to Boston by the Assistant Director of the FBI because there were major problems in the office, when, in fact, it was a routine reassignment and Fitzpatrick received no special instructions from the Assistant Director; that Bulger told Fitzpatrick that Bulger was not an FBI informant when, in fact, Bulger never denied to Fitzpatrick that Bulger was an informant; that Fitzpatrick tried to close Bulger as an FBI informant but was overruled by, among others, FBI headquarters when, in fact, Fitzpatrick never advocated that Bulger be closed as an informant; that he was not demoted and reduced in grade because of charges related to a shooting incident, when, in fact, Fitzpatrick was demoted due to his falsification of reports related to his investigation of a shooting incident; and that he personally arrested mob boss Jerry Angiulo when, in fact, Fitzpatrick did not arrest Jerry Angiulo. Finally, it is alleged that Fitzpatrick falsely testified that he personally found the rifle that was used to assassinate Dr. Martin Luther King, Jr. in Memphis in 1968, “having just missed James Earl Ray, the shooter.” According to the indictment, Fitzpatrick was not the first officer at the scene who recovered the weapon used to assassinate Martin Luther King.
The charging statute provides a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000 on each of the six perjury counts and a sentence of no greater than 10 years in prison on the obstruction of justice counts. The sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Fitzpatrick is scheduled to have his initial appearance before U.S. Magistrate Judge Donald L. Cabell later today.
United States Attorney Carmen M. Ortiz and Michael E. Horowitz, Inspector General for the Department of Justice made the announcement today. This matter is being investigated by the Department of Justice Office of the Inspector General and is being prosecuted by Assistant U.S. Attorney Zachary R. Hafer of Ortiz’s Public Corruption and Special Prosecutions Unit.
The details contained in the Indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Boston Police Officer Sentenced for Making False StatementsRead the Press Release
BOSTON – A former Boston Police Officer was sentenced today in U.S. District Court in Boston for making false statements to the FBI relating to an investigation of the Academy Homes Street Gang (AHSG), a violent narcotics trafficking gang that operated out of the Academy Homes housing development in Roxbury.
Mel Steele, 36, of Boston, was sentenced to one year of probation and a fine of $2,000. In December 2014, Steele pleaded guilty to one count of making false statements to the FBI during the course of a federal investigation.
Steele, who was assigned to the Boston Police Department’s (BPD) Youth Violence Task Force (YVTF), was a long-time friend of an associate of the AHSG. During the course of joint FBI-BPD investigation of the AHSG from 2009 to 2011, Steele provided assistance to the AHSG associate. On one occasion, Steele allegedly used his BPD computer to run a license plate check on a vehicle which was later determined to be an unmarked BPD vehicle operated by a detective who was conducting surveillance on the AHSG. On another occasion Steele contacted a Massachusetts State Trooper to glean information about a gang member’s pending charges on another criminal case. In May 2011, Steele made false statements about these matters when confronted by FBI agents.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Evans, made the announcement today. The investigation was conducted jointly by the FBI Public Corruption Unit and the Boston Police Department Anti-Corruption Division. The case was prosecuted by Assistant U.S. Attorney Dustin Chao of Ortiz’s Public Corruption and Special Prosecutions Unit.
Fall River Man Pleads Guilty to Child Pornography ChargesRead the Press Release
BOSTON – Frank Almeida, 49, of Fall River, pleaded guilty Wednesday, April 29, 2015, to distribution and possession of child pornography. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for July 30, 2015.
In June 2014, law enforcement officers became aware that an individual had posted child pornography to “megachat.us,” a public Internet file sharing program. Federal agents examined the files, determined that they contained pictures and videos of minors engaged in sexually explicit conduct, and had been posted by Almeida. When federal and state law enforcement officers executed a federal search warrant on Almeida’s residence, they seized a computer and various digital storage devices containing multiple images and videos of child pornography.
The charging statutes provide for a minimum mandatory term of five years and no greater than 20 years in prison, and a minimum mandatory term of five years and up to a lifetime of supervised release. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Fall River Police Chief Daniel S. Racine, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Kenneth G. Shine of Ortiz’s Major Crimes Unit.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better 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/.
Members of the public who have questions, concerns or information regarding this case should call (617) 748-3274.
Settlement Agreement Ensures Lawrence Addresses Water PollutionRead the Press Release
The City of Lawrence entered into a Consent Decree today with the Department of Justice to address violations of the Clean Water Act in connection with sewer overflows and the discharge of contaminated stormwater.
The Consent Decree is the result of a federal enforcement action brought by the U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA). The complaint filed simultaneously with the Consent Decree alleges that Lawrence discharged untreated sewage without permit authorization and violated conditions of its permit controlling stormwater discharges.
“Unlawful discharges of pollutants from cities and towns during storm events remain among the most significant challenges to improving water quality in New England,” said U.S. Attorney Carmen M. Ortiz. “By entering into this Consent Decree, the City of Lawrence has agreed to take significant steps to improve water quality, and the quality of life along the Merrimack River corridor.”
“This settlement ensures progress will be made in controlling major sources of pollution to the Merrimack River,” said Curt Spalding, Administrator of EPA’s New England region. “We welcome this progress toward restoring the River and look forward to the day when it is safe for all kinds of recreation.”
The Consent Decree imposes a schedule for the City to develop sewer system management programs to investigate and rehabilitate its assets, minimizing the discharge of untreated sewage. In addition, the City will institute programs to detect and eliminate sources of wastewater contamination of its stormwater system, as well as control runoff from land redevelopment projects.
Preventing sewage from contaminating surface and ground waters of the United States is one of EPA’s National Enforcement Initiatives. Municipal wastewater presents significant health threats to those using contaminated waters for recreational use and downstream drinking water systems.
The Consent Decree is subject to a 30-day public comment period and approval by the federal court. Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department Web site at http://www.justice.gov/enrd/Consent_Decrees.html.
U.S. Attorney Ortiz and EPA Regional Administrator Spalding made the announcement today. The case is being litigated by Assistant U.S. Attorney Susan M. Poswistilo of Ortiz’s Civil Division, Senior Attorney Michael Wagner of the EPA, and Trial Attorney Brian Donohue of the Department of Justice’s Environment and Natural Resources Division.
Ware Police Department Enters into Agreement to Guarantee Effective Communication for Hearing ImpairedRead the Press Release
BOSTON – The U.S. Attorney’s Office entered into an agreement today with the Ware Police Department resolving a complaint that the Department lacked effective means to communicate with people who are deaf or hard of hearing.
“Equal access to justice requires that law enforcement be able to effectively communicate with all arrestees, witnesses, and victims to ensure they understand their rights,” said U.S. Attorney Carmen Ortiz. “Through their cooperation and commitment to implementing this agreement, the Ware Police Department is taking a critical step in effecting these necessary changes.”
The agreement requires the Ware Police Department to contract with a qualified sign language interpreting agency and provide sign language interpreters to arrestees, detainees, suspects, victims, witnesses, complainants, and visitors who are deaf or hard of hearing. The agreement also requires the Ware Police Department to establish nondiscriminatory policies and to train all officers on communication with persons who are deaf or hard of hearing.
This complaint arose under the Americans with Disabilities Act which requires the Ware Police Department, as a public entity, to ensure effective communication with people with disabilities.
This matter was handled by Assistant U.S. Attorneys Michelle Leung of Ortiz’s Civil Rights Enforcement Team and Kevin O’Regan, Chief of the Springfield Branch Office.