District of Massachusetts
Press releases recorded for this federal judicial district.
Dominican Man Charged for Allegedly Possessing Assault Rifle and Five Kilograms of Suspected FentanylRead the Press Release
BOSTON – A citizen of the Dominican Republic, who was residing at the Quality Inn Hotel in Revere, Mass., has been charged in federal court in Boston for allegedly possessing five kilograms of suspected fentanyl and an assault rifle.
Leonardo Andujar Sanchez, 28, was charged by criminal complaint with one count of possession with intent to distribute more than 400 grams of fentanyl and one count of being an alien in possession of a firearm who has entered the United States unlawfully. The defendant is currently in state custody on related charges and will appear in federal court in Boston at 12:15 p.m. for an initial appearance.
According to the charging documents, Andujar Sanchez was residing in the Quality Inn in Revere. On Dec. 27, 2024, during a search of the room that Andujar Sanchez was residing in, five kilograms of suspected fentanyl, an AR-style assault rifle, ammunition, two rifle magazines, digital scales and an abundance of latex gloves were allegedly located. Andujar Sanchez was immediately taken into state custody.
The charge of possession with intent to distribute more than 400 grams of fentanyl provides for a sentence of up to life years in prison, at least five years of supervised release, a mandatory minimum of 10 years, and a fine of up to $10 million. The charge of unlawful possession of a firearm provides for a sentence of up to 15 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Office; and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Valuable assistance was provided by the Suffolk County District Attorney’s Office and the Revere Police Department. Assistant U.S. Attorney Evan Panich of the Narcotics & Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Businessman Sentenced for Theft of Pandemic Relief FundsRead the Press Release
BOSTON – A Massachusetts businessman was sentenced today for misappropriating COVID-19 relief funds for personal use.
Jesse Lelievre, 42, of North Andover, was sentenced by U.S. District Court Judge Denise J. Casper to two years of supervised release, with the first five months as home detention. Lelievre was also ordered to pay $179,090 in restitution. In September 2024, Lelievre pleaded guilty to theft of government property. Lelievre was charged in July 2024.
Lelievre was the owner and manager of Paramount Plumbing & Heating LLC, a Massachusetts company that provided plumbing, heating, and related services (“Paramount”). In 2021, Lelievre applied for a loan from the U.S. Small Business Administration (“SBA”) on behalf of Paramount. Lelievre obtained the loan through the SBA’s Economic Injury Disaster Loan (“EIDL”) program, which provided loans to small businesses that suffered substantial economic injury due to the COVID-19 pandemic. To obtain the loan, Lelievre entered into a loan agreement with the SBA in which he agreed, among other things, to use all loan proceeds solely as working capital for his business. Thereafter, Lelievre directed the EIDL funds into a bank account that he controlled and misappropriated approximately $179,000 for personal expenses, including to buy a diamond ring and to remodel his home.
United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Christopher Algieri, Special Agent in Charge of the Northeast Field Office of the U.S. Department of Veterans Affairs Office of Inspector General made the announcement. Substantial assistance was provided by the U.S. Small Business Administration, Office of Inspector General, Boston Region. Assistant U.S. Attorneys Christopher J. Markham and Kriss Basil of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Acton Man Sentenced to 20 Years in Prison for Child Pornography OffensesRead the Press Release
BOSTON – An Acton man was sentenced today in federal court in Boston to 20 years in prison for sexual exploitation of children, receipt of child sexual abuse material and possession of child sexual abuse material (CSAM).
Patrick Baxter, 44, was sentenced by U.S. District Court Judge Allison D. Burroughs to 20 years in prison, to be followed by five years of supervised release. In January 2024, Baxter was convicted after a jury trial of one count of possession of child pornography, one count of receipt of child pornography and one count of sexual exploitation of children. Baxter was previously arrested and charged in December 2022.
“Child pornography is not just an image or video, there is an innocent child behind that lens who has been victimized. Each time someone views these images, the victims are revictimized, causing immeasurable harm,” said United States Attorney Joshua S. Levy. “Nothing can reverse the damage that child exploitation does to its victims, but we hope that our commitment to holding perpetrators accountable, will serve as a stark warning to others.”
“Not only did Patrick Baxter amass hundreds of images of child sexual abuse, but he also sexually exploited a seven-year-old child for his own sick gratification,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation Boston Division. “The FBI and our law enforcement partners are working every day to find and bring to justice anyone actively harming children like this.”
Baxter downloaded CSAM from the internet on multiple occasions in 2021. A computer hard drive seized during a search of Baxter’s residence was found to contain approximately 427 video files depicting CSAM featuring prepubescent and pubescent minors engaged in various types of sexual acts and the lascivious display of their genitals. Baxter also produced CSAM in his home (then in Melrose) of a child known to him.
U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Valuable assistance was provided by the Melrose Police Department and the Royal Canadian Mounted Police. Assistant U.S. Attorneys David G. Tobin and Jessica L. Soto of the Major Crimes Unit prosecuted the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
United States Attorney Joshua S. Levy Announces DepartureRead the Press Release
BOSTON – United States Attorney Joshua S. Levy announced today that, effective January 17, 2025, he will be stepping down as the United States Attorney for the District of Massachusetts. U.S. Attorney Levy tendered his resignation to United States Attorney General Merrick Garland this afternoon.
U.S. Attorney Levy became the Acting U.S. Attorney on May 19, 2023. Levy, who was twice nominated by President Biden for the permanent role as U.S. Attorney, was appointed U.S. Attorney by Attorney General Garland in November 2024. As U.S. Attorney, he served on two subcommittees of the Attorney General’s Advisory Committee – White Collar Crime, and Terrorism & National Security – and was a member of the Human Trafficking Work Group. U.S. Attorney Levy also served as the Northeastern U.S. representative for the U.S. Attorney community on the Domestic Terrorism Executive Committee.
“Serving as the U.S. Attorney for the District of Massachusetts has truly been the highlight of my career,” said U.S. Attorney Levy. “Every day over the past three years, I have witnessed firsthand the unwavering dedication and extraordinary skill of the federal prosecutors, support staff, and law enforcement partners who work tirelessly to uphold the rule of law, keep our communities safe and protect civil rights. My core touchstones as the leader of this office have been to serve with the highest integrity and a commitment to pursue justice in every case by following the facts and the law, without fear or favor.”
U.S. Attorney Levy continued, “We have brought some incredibly important cases these last three years that have improved the lives of the people of Massachusetts. As I reflect on my tenure, I am equally proud of the thoughtful, deliberative process engaged in by our team whenever making the grave decision about whether to bring federal charges to ensure it is consistent with the principles of federal prosecution.”
Under U.S. Attorney Levy’s leadership, the office brought several high impact cases including charges in the death of Sandra Birchmore; the $650 million resolution of criminal and civil charges against McKinsey & Company for their illegal conduct in support of Purdue Pharma’s marketing of opioids; and charges against two men for their alleged involvement in a scheme to procure sensitive drone technology to Iran, which resulted in the deaths of three U.S. soldiers. Under Levy’s tenure, Jack Teixeira was sentenced to 15 years in prison for leaking highly classified documents, and seven former employees of eBay were sentenced for cyberstalking a Massachusetts couple. U.S. Attorney Levy also oversaw the $574 million-dollar criminal and civil enforcement action against Raytheon for overcharging government contracts. During U.S. Attorney Levy’s tenure, the office solidified its position as the most successful U.S. Attorney’s Office in the country in terms of False Claims Act recoveries, with over $1 billion recovered in 2024 alone.
One of the most important series of prosecutions in the last three years were brought by the newly created Human Trafficking and Civil Rights Unit. This dedicated team of lawyers, support staff and victim witness advocates has secured convictions and lengthy sentences against 20 individuals since the unit was formed in 2022, including numerous convictions of people who trafficked minors or used force, fraud or coercion to engage in trafficking. The office’s other notable achievements under Levy’s leadership as U.S. Attorney included impact prosecutions in the areas of public corruption, child exploitation, hate crimes, police accountability, fentanyl trafficking and gun violence, just to name a few.
Today’s announcement marks the end of U.S. Attorney Levy’s second tenure with the Department of Justice. In 1997 he served as an Assistant U.S. Attorney in the Criminal Division’s Economic Crimes Unit. Levy left the Department of Justice in 2004 to become a partner at Ropes & Gray, where he served as co-chair of the firm’s 325-lawyer Litigation and Enforcement practice, co-Managing Partner of Ropes & Gray’s Boston office and co-chair of the firm’s Diversity, Equity and Inclusion Committee. In 2022, Levy was inducted into the American College of Trial Lawyers in recognition of his courtroom advocacy. Immediately prior to becoming the Acting U.S. Attorney, Levy served as the First Assistant U.S. Attorney from January 2022 through May 2023.
First Assistant U.S. Attorney Mary B. Murrane, who has been with the Department of Justice for 16 years, will assume the role of Acting U.S. Attorney following U.S. Attorney Levy’s departure.
Roxbury Man Pleads Guilty to Drug ConspiracyRead the Press Release
BOSTON – A Heath Street Gang member/associate pleaded guilty today in federal court in Boston to drug conspiracy charges.
Charles Bomman, 34, of Roxbury, pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for April 10, 2025. Bomman was charged and arrested in February 2024, along with over 40 alleged Heath Street Gang members/associates, who were charged with racketeering conspiracy, drug trafficking, firearms and financial fraud charges.
From 2021 through 2024, Bomman participated in a conspiracy to distribute various controlled substances, in particular, powdered cocaine, cocaine base (crack) and fentanyl.
The charge of conspiracy to distribute and possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy; Boston Police Commissioner Michael Cox; and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. The investigation was supported by the Boston Housing Authority Police Department and Massachusetts State Police. Valuable assistance was provided by the Quincy Police Department. Assistant U.S. Attorneys Michael Crowley and Sarah Hoefle of the Organized Crime & Gang Unit are prosecuting the case.
Nigerian Man Sentenced to 11 Years in Prison for Money Laundering and Passport Fraud ConspiraciesRead the Press Release
BOSTON – A Nigerian man, formerly of Massachusetts, was sentenced today for his role in separate schemes to launder criminal proceeds from fraud and obtaining a United States passport through false statements.
Chukwunonso Obiora, 37, was sentenced by United States District Judge Indira Talwani to 11 years in prison, to be followed by three years of supervised release. Obiora was also ordered to pay $3,326,014.14 in restitution and forfeiture. In June 2024, Obiora pleaded guilty to one count of passport fraud conspiracy and one count of money laundering conspiracy. Obiora was arrested on a criminal complaint in October 2023 in Atlanta, Ga. and was ordered held pending trial. He was indicted in January 2024.
Between at least as early as March 2021 and May 2023, Obiora and several co-conspirators agreed to receive and withdraw the proceeds of business email compromises (BECs) from bank accounts that they controlled, and to direct those funds to other co-conspirators, in exchange for a cut of the criminal proceeds. BECs are a type of fraud scheme that targets companies that make regular business payments by wire. Cybercriminals use email to impersonate trusted parties to the payments in order to trick the victim companies into sending money to bank accounts controlled by participants in the scheme.
The defendant’s money laundering conspiracy, of which he admitted to being a leader and organizer, involved obtaining individual victims’ means of identification and to create fake driver’s licenses, incorporate businesses and open bank accounts in the victims’ names; providing the bank accounts to co-conspirators involved in the BEC schemes as accounts to which victims could be tricked into sending wires; withdrawing money quickly from the bank accounts once the wire transfers arrived, before victim companies learned that they had been tricked into sending money; and depositing the proceeds into other accounts, and wiring BEC scheme proceeds to the defendant and others in Nigeria, China and elsewhere.
The defendant and his co-conspirators took steps to conceal the existence of the conspiracy, including by forging business invoices and writing false memos on checks to suggest that the BEC scheme proceeds deposited into Destination Accounts were legitimate business revenues; and by making false statements to banks regarding the nature of the BEC scheme proceeds that were deposited into Destination Accounts.
The defendant and his U.S.-based co-conspirators shared at least as much as 40 percent of the deposited BEC scheme proceeds as payment for their roles in the conspiracy. In just two-plus years, the defendant and his co-conspirators engaged in at least $6.5 million in financial transactions involving the proceeds of BEC schemes.
After immigration authorities removed the defendant from the United States in December 2021, he agreed with a close relative who is an American citizen to obtain a U.S. passport in the relative’s name, which the defendant could use to re-enter the United States illegally. The relative reported his passport lost or stolen and, in May 2023, applied for a new passport at a U.S. Post Office in Watertown, Mass. The sworn application had the relative’s name on it, but a picture of the defendant. The relative sent the issued passport to the defendant, who, in October 2023, used the passport to travel from Nigeria to Detroit, Mich., where the defendant presented himself as his relative at the U.S. border.
United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations New England made the announcement today. Valuable assistance was provided by the U.S. Department of State’s Diplomatic Security Service, Criminal Investigations Division. Assistant U.S. Attorney Seth B. Kosto, Chief of the Securities, Financial & Cyber Fraud Unit, prosecuted the case.
Massachusetts Business Owner Sentenced to Prison for Million Dollar Tax Fraud SchemeRead the Press Release
BOSTON – A Hanson man was sentenced on Jan. 3, 2025, for a tax fraud scheme in which he willfully failed to pay employment taxes for his two businesses.
Kenneth Marston, 67, was sentenced by U.S. District Judge Indira Talwani to six months in prison, to be followed by 18 months of supervised release, with the first six months served on home detention. Marston was also ordered to pay $101,791 in restitution. In October 2024, Marston pleaded guilty to one count of failure to collect and pay over employment taxes.
From 2015 through 2018, Marston owned and operated two businesses: Bowmar Steel Industries, Inc., which engaged in steel fabrication, and Teleconstructors, Inc., which provided installation services on cellular phone towers. During that time, Marston falsely treated his employees as if they were independent contractors and, in turn, failed to withhold employment taxes on over $3.8 million in combined wages. As a result, Marston avoided reporting and paying $1 million in employment taxes owed to the Internal Revenue Service.
United States Attorney Joshua S. Levy and Thomas Demeo, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney James R. Drabick of the Securities, Financial & Cyber Fraud Unit and Trial Attorney Mark McDonald of the Justice Department’s Tax Division prosecuted the case.
Lynn Man Pleads Guilty to Drug ChargesRead the Press Release
BOSTON – A Lynn man pleaded guilty today in federal court in Boston to possession of fentanyl, cocaine and methamphetamine with intent to distribute.
Jansyel Hernandez, 22, pleaded guilty to an Indictment charging one count of possession of fentanyl, cocaine and methamphetamine with intent to distribute. Hernandez and codefendant Juan Ramos were charged by criminal complaint in May 2023. U.S. District Court Judge Patti B. Saris scheduled sentencing for April 17, 2025.
In April 2023, an apartment in Lynn was identified as being fraudulently rented under a fictitious name. It was determined that the listed tenant did not exist and that the premises was being utilized as a hub for drug distribution and packaging. On May 2, 2023, a search was executed at the premises where Hernandez and Ramos were discovered in the residence. Hernandez and Ramos both fled by way of the balcony and were apprehended a short distance away. At the time of the search, Ramos was on pretrial release for an unrelated domestic violence offense and wearing a court-ordered GPS bracelet. Review of the records for the GPS bracelet showed that Ramos travelled frequently to the apartment.
During a search of the apartment approximately 1200 grams of fentanyl, methamphetamine and cocaine were located. In addition to the controlled substances, 30 pounds of cutting agent, blenders, scales and other paraphernalia used in the distribution and packaging of drugs were also located. A .38 caliber Taurus revolver was located in the apartment as well. In a subsequent search of Ramos’ vehicle that was parked outside the apartment, an additional 200 grams of fentanyl and a .40 caliber Glock pistol was discovered in a hidden compartment under the driver’s seat.
In October 2023 Ramos pleaded guilty and was sentenced to 90 months in federal prison.
The charge of possession with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy; Jodi S. Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Colonel Geoffrey D. Noble, Superintendent of the Massachusetts State Police; and Essex County District Attorney, Paul F. Tucker made the announcement. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit is prosecuting the case.
Operations Manager Pleads Guilty to Kickback SchemeRead the Press Release
BOSTON – A New York operations manager pleaded guilty today in federal court in Boston to conspiring to offer and pay kickbacks to doctors in exchange for ordering medically unnecessary brain scans.
Timothy Doyle, 45, of Selden, N.Y. pleaded guilty to one count of conspiracy to violate the anti-kickback statute. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for April 3, 2025.
From at least June 2013 through at least September 2020, Doyle conspired with others, including two managers for a mobile medical diagnostics company that performed transcranial doppler (TCD) scans, to enter into kickback agreements with various doctors. TCD scans are brain scans that measure blood flow in parts of the brain. Doyle and his alleged co-conspirators agreed to offer and pay doctors kickbacks, some in cash and others by check, based on the number of TCD ultrasounds the doctors ordered. Doyle and his alleged co-conspirators created purported rental and administrative service agreements, which on paper made it appear as if doctors were compensated for the TCD company’s use of space and administrative resources of the ordering doctor’s practice based on fair market value and not based on the volume or value of referrals. These agreements were shams that hid the true nature of the arrangement of paying per test.
The scheme resulted in fraudulent bills of approximately $70.6 million to Medicare. Medicare paid approximately $27.2 million to the TCD company for the fraudulent claims.
The charge of conspiracy to violate the Anti-Kickback Statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Jonathan Wlodyka, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division, Boston Field Office; Carol S. Hamilton, Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office made the announcement today. Assistant U.S. Attorneys Howard Locker and Mackenzie Queenin of the Health Care Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Government Contractors and Owner Agree to Pay $1 Million to Resolve Allegations of Submitting Fraudulent BidsRead the Press Release
BOSTON – S.A.F.E. Structure Designs, U.S.A. Manufacturing, and their owner, Johnny Buscema, Jr., have agreed to pay $1 million to resolve allegations that they violated the False Claims Act by submitting, or causing the submission of, false claims on a prime vendor contract with the Defense Logistics Agency (DLA), which the Department of Defense (DoD) uses to purchase goods and services.
S.A.F.E. Structure, based in Las Vegas, Nev., sells safety equipment, and USA Manufacturing, based in Port Ritchey, Fla., is a general construction company. Buscema, of Port Richey, owns and operates both companies.
S.A.F.E Structure and USA Manufacturing were vendors to Noble Sales Co., Inc. d/b/a Noble Supply & Logistics (Noble), which is a Boston-based prime contractor to DLA for Maintenance, Repair, and Operations (MRO) contracts for the Northeast and Southeast regions. Under the MRO contracts, the DoD can place orders for goods and services through Noble, and Noble is required to solicit bids from two independently competing vendors for transactions below $25,000, and from three independently competing vendors for transactions at or above $25,000. According to DLA, MRO contracts are “a partnership aimed at achieving infrastructure savings, inventory cost reductions, and favorable product pricing through leveraged buying.”
Pursuant to the settlement agreement, Buscema, S.A.F.E. Structure, and USA Manufacturing admitted that, from 2014 to 2023, they coordinated with Noble or other vendors to submit bids on the MRO contracts. For example, Buscema and his companies admitted that, at Noble’s request, they submitted over 100 bids—which they called “courtesy bids” or “comps”—where Buscema and his companies had no intention of winning the business. For these “courtesy bids” or “comps,” Noble provided Buscema and his companies with the specific prices that Buscema’s companies should bid or a price that the bids should exceed. As a result, vendors other than S.A.F.E. Structure or USA Manufacturing won the business. Buscema also admitted that he paid two other vendors to submit at least 60 “courtesy bids” or “comps,” so that S.A.F.E. Structure or USA Manufacturing won the business. Buscema also admitted that, on occasion, he provided a bid from S.A.F.E Structure and a bid from USA Manufacturing for the same solicitation, even though Buscema owned both companies, and that Noble was aware that Buscema owned both companies. The United States contends that claims under the MRO contracts resulting from these coordinated bids were false under the False Claims Act, and that the DoD paid more under the MRO Contracts as a result.
“As evidenced in this settlement agreement, these contractors gamed the system to line their own pockets. They manipulated and undermined the fair and open bidding process designed to save our military – and taxpayers – money. Contractors should be scrupulous in dealing with the government, not coordinating with each other to pad their bottom line,” said United States Attorney Joshua S. Levy. “When defense contractors collude, rather than compete, they violate the law and the public’s trust.”
“Those who seek to do business with the government are expected to compete fairly and independently to ensure that the government receives an appropriate price,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold accountable government contractors that engage in bid rigging or otherwise seek to defraud the American taxpayers.”
“The Department of Defense (DoD) expects its contractors to compete in open and fair markets,” said Patrick J. Hegarty, Special Agent in Charge of the DoD’s Office of Inspector General’s Defense Criminal Investigative Service, Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our law enforcement partners to investigate allegations of anticompetitive practices and ensure the integrity of the DoD’s procurement process.”
“Department of the Army Criminal Investigation Division works diligently to maintain the Army’s readiness and will continue to work closely with our law enforcement partners to prevent and thoroughly investigate fraudulent activity,” said Special Agent in Charge Keith K. Kelly of the Department of the Army Criminal Investigation Division (CID)’s Fraud Field Office. “CID is committed to providing expertise and capabilities supporting whole of government efforts to ensure the U.S. Army remains the most technologically advanced, capable, and ready fighting force in the world.”
“GSA OIG remains committed to working closely with its law enforcement partners to protect American taxpayer dollars and government programs from fraud,” said Special Agent in Charge Joseph Dattoria, U.S. General Services Administration, Office of Inspector General (GDS OIG), Northeast Field Investigations Division.
U.S. Attorney Levy, Deputy AAG Boynton, DCIS SAC Hegarty, ARMY CID SAC Kelly and GSA SAC Dattoria made the announcement. This matter was handled by Assistant U.S. Attorneys Brian LaMacchia and Lindsey Ross for the District of Massachusetts, and Trial Attorney Samson Asiyanbi of the Justice Department’s Civil Division.
Government Contractor Agrees to Pay $1M to Resolve False Claims Act Allegations for Submitting Fraudulent Bids on Prime Vendor ContractsRead the Press Release
Johnny Buscema Jr. of New Port Richey, Florida, and his companies, S.A.F.E. Structure Designs, based in Las Vegas, and U.S.A. Manufacturing, based in New Port Richey, have agreed to pay $1,000,000 to resolve allegations that they violated the False Claims Act by causing a prime vendor for the Defense Logistics Agency (DLA) to submit fraudulent contract bids to DLA that resulted in Department of Defense (DoD) customers being overcharged for goods and related services purchased under those contracts. The settlement is based on the settling parties’ ability to pay.
Buscema owns S.A.F.E. Structure Designs, which sells safety equipment to government customers, and USA Manufacturing, a general construction company. Both companies provide third party logistics support, such as product acquisition, receiving, warehousing, transportation, shipping and returns, to military customers through DLA contracts for Maintenance, Repair and Operations (MRO) for the Northeast and Southeast regions of the United States. The MRO contracts covered by the settlement are held by a “prime vendor,” which procures for DoD agencies supplies and equipment, such as chemicals, electrical supplies, hardware, HVAC/refrigeration, prefabricated structures and a variety of small tools. The goal of the MRO program is to achieve favorable product pricing through leveraged buying, infrastructure savings, and inventory cost reductions. To obtain the best price for items procured for the government, the MRO contracts require the prime vendor to engage in a competitive bidding process, soliciting bids from two independently competing vendors for transactions below $25,000 and from three independently competing vendors for transactions at or above $25,000.
The United States alleged that, from 2016 to 2023, the settling parties conspired with other entities to rig bids for awards on the MRO contracts for the Northeast and Southeast regions of the United States. More specifically, Buscema allegedly submitted non-competitive bids, paid other vendors to submit non-competitive bids and submitted multiple bids from his own two companies on the same solicitations to assist the prime vendor to meet its obligation to obtain bids from two or three vendors and to make one of the bids appear more competitive. As a result of these alleged schemes, the United States contends it was overcharged for items purchased under the MRO contracts.
“Those who seek to do business with the government are expected to compete fairly and independently to ensure that the government receives an appropriate price,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold accountable government contractors that engage in bid rigging or otherwise seek to defraud the American taxpayers.”
“As evidenced in this settlement agreement, these contractors gamed the system to line their own pockets,” said U.S. Attorney Joshua S. Levy for the District of Massachusetts. “They manipulated and undermined the fair and open bidding process designed to save our military — and taxpayers — money. Contractors should be scrupulous in dealing with the government, not coordinating with each other to pad their bottom line. When defense contractors collude, rather than compete, they violate the law and the public’s trust.”
“The DoD expects its contractors to compete in open and fair markets,” said Special Agent in Charge Patrick J. Hegarty of the DoD’s Office of Inspector General’s Defense Criminal Investigative Service (DCIS) Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our law enforcement partners to investigate allegations of anticompetitive practices and ensure the integrity of the DoD’s procurement process.”
“Department of the Army Criminal Investigation Division works diligently to maintain the Army’s readiness and will continue to work closely with our law enforcement partners to prevent and thoroughly investigate fraudulent activity,” said Special Agent in Charge Keith K. Kelly of the Department of the Army Criminal Investigation Division (CID)’s Fraud Field Office. “CID is committed to providing expertise and capabilities supporting whole of government efforts to ensure the U.S. Army remains the most technologically advanced, capable, and ready fighting force in the world.”
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Massachusetts, with assistance from DCIS, Army CID, Air Force Office of Special Investigations and the General Services Administration Office of Inspector General.
Trial Attorney Samson Asiyanbi of the Justice Department’s Civil Division and Assistant U.S. Attorneys Lindsey Ross and Brian LaMacchia for the District of Massachusetts handled the matter.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Settlement
Boston Man Sentenced for Carrying Loaded Firearm at MBTA Station in BostonRead the Press Release
BOSTON – A Boston man was sentenced today for illegally carrying a loaded pistol. The defendant, a felon who also possessed armor-piercing ammunition, was identified when his online purchasing history showed that he was acquiring firearm accessories and various chemicals that could create incendiary or explosive compounds.
Pepo Herd El a/k/a Pepo Wamchawi Herd, 51, of Dorchester, was sentenced by U.S. District Court Judge Allison D. Burroughs to time served plus 10 days – approximately 49 months in prison, to be followed by three years of supervised release. In December 2024, Herd El pleaded guilty to two counts of being a felon in possession of a firearm and ammunition. Herd El was arrested on Thanksgiving Day 2020 and has been in custody since.
Approximately one year preceding his arrest, Herd El made online firearms-related purchases, including a laser sight, magazines and a concealable holster. Herd El also purchased extended magazine plates, which allow magazines to hold more rounds and a Glock firing pin safety which reduces the force required to pull the trigger. According to court documents, Herd El adhered to the sovereign citizen ideology, which is generally considered anti-government and anti-authority.
On Nov. 26, 2020, Herd El took a bus from his home in Dorchester to the Ruggles MBTA station. At Ruggles, Herd El was detained and searched pursuant to a search warrant. A loaded semi-automatic pistol, a laser sight, three spare magazines, 45 rounds of ammunition, a knife and an infrared camera were recovered during the search. Herd El was also wearing a bullet-proof vest and a jacket that had “security” written on it. He told law enforcement officers that he was on his way to Thanksgiving dinner.
During a subsequent search of Herd El’s residence, another magazine loaded with armor-piercing rounds was recovered well as various drawings of gun barrel designs, firearm suppressors and bullets were on the walls. Various tools that could manufacture ammunition, a chemistry book containing handwritten notes about materials needed to make TNT and C-4 were also found.
Due to several 2004 state convictions for possessing firearms without permits and other crimes, Herd El is prohibited from possessing firearms and ammunition.
United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Valuable assistance was provided by the Boston Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the U.S. Postal Inspection Service. Assistant U.S. Attorneys Amanda Beck and Timothy Kistner of the National Security Unit prosecuted the case. Assistant U.S. Attorney Benjamin Tolkoff of the Criminal Division also assisted in the prosecution.Lunenburg Man Arrested and Charged with Possession of Child Sexual Abuse MaterialRead the Press Release
BOSTON – A Lunenburg, Mass man has been arrested and charged in connection with possession of child sexual abuse material (CSAM).
Michael Myers, 37, has been charged with possession of child sexual abuse material. Myers was arrested on Dec. 17, 2024 and is in state custody on related offenses. Myers made his initial appearance before U.S. Magistrate Judge David H. Hennessy this morning and consented to detention pending trial.
According to the charging document, law enforcement obtained a search warrant for Myer’s residence and found his cell phone to contain several videos and images of CSAM. In 2015, Myers was convicted of possession of child pornography and sentenced to serve two years of probation by state authorities. He is a Level One Sex Offender.
The charge of possession of child sexual abuse material with a prior conviction provides for a mandatory minimum sentence of 10 years, up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England; and Lunenburg Police Interim Police Chief Jeffrey M. Thibodeau made the announcement today. Assistant U.S. Attorney Daniel Bennett of the Worcester Branch Office is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Inform Diagnostics Agrees to Pay $2.9 Million to Resolve Potential False Claims Act Liability for Self-Reported ViolationsRead the Press Release
BOSTON – Inform Diagnostics, Inc. (Inform) has agreed to pay $2.9 million to resolve potential False Claims Act liability arising out of conduct that potentially violated the Anti-Kickback Statute (AKS), resulting in the submission of false claims for payment to Medicare and other federal health care programs. Inform voluntarily self-disclosed the conduct to the U.S. Attorney’s Office earlier this year.
Inform is a clinical laboratory with headquarters in Irving, Texas that provides anatomic pathology services to physician practices throughout the United States.
According to the settlement, Inform admitted that, from 2018 through 2023, Inform had purchased test arrangements (PTAs) with a small number of its physician practice customers. Reimbursement for anatomic pathology laboratory services involves two components: a “technical” component, involving the physical preparation of the specimen for pathologist review, and a “professional” component, involving analysis of the slide by the pathologist. Under Inform’s PTAs, the customer performed one component while referring the other component to Inform to perform and Inform billed commercial insurers for both components, reimbursing the customer at a set price. Customers with PTAs also referred other services to Inform, including services that Inform billed to Medicare and federal health care programs. The United States contends that Inform’s PTAs resulted in the submission of false claims for payment to federal health care programs because those claims were tainted by violations of the AKS.
The settlement credits Inform for its self-disclosure. Inform self-reported the conduct, which was unknown to the United States at the time of the disclosure in March 2024, including the results of an internal investigation, the nature of the potentially problematic relationships, and the potential financial impact to the government. Inform has terminated all of its PTAs.
“By self-disclosing this conduct to the federal government, Inform saved itself hundreds of thousands of dollars. That benefit is available to any company that takes the responsible step of reporting false claims to the government. This office is committed to making sure that companies that come forward with information regarding potential violations of the law before the government learns of them get real benefits from such a decision,” said United States Attorney Joshua S. Levy. “While we do not condone unlawful conduct, we commend companies that save time and resources on both sides by disclosing what they know and allowing the government to determine whether to proceed. That is what Inform did here, and today’s resolution both recognizes Inform’s laudable decision to self-disclose and should serve as an incentive for other companies to do the same. Self-disclosures will be resolved fairly and expeditiously.”
United States Attorney Levy; Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Patrick Hegarty, Special Agent in Charge, Defense Criminal Investigation Service, Northeast Field Office made the announcement. Assistant U.S. Attorneys Abraham R. George, Chief of the Civil Division and Alexandra Brazier of the Affirmative Civil Enforcement Unit handled the matter.
Two-Time Convicted Felon Sentenced to over 11 Years in Prison for Drug and Firearm ChargesRead the Press Release
BOSTON – A Lynn man was sentenced today in federal court in Boston for drug and firearm charges.
Jose Perez, 27, was sentenced by Chief U.S. District Court Judge F. Dennis Saylor to 142 months in prison, to be followed by three years of supervised release. In August 2024, Perez was convicted after a five day jury trial of one count of conspiracy to distribute and to possess with intent to distribute controlled substances and one count of felon in possession of a firearm. In January 2023, Perez was arrested and charged along with co-defendant Henry Del Rio.
In December 2022, police officers attempted to stop a vehicle speeding through Lexington, Mass. that Perez was driving. Instead of pulling over, Perez accelerated and engaged in a high-speed escape attempt, traveling more than 85 miles per hour on residential streets, crashing head-first into another vehicle, and ultimately losing control and colliding into a post. As Perez exited the vehicle, a loaded Glock 34X 9mm semi-automatic handgun dropped to the ground. Perez and Del Rio, his passenger, then fled and led officers on a foot chase through a Stop and Shop parking lot. After officers apprehended Perez and Del Rio, Perez was found with over $2,000 cash in his pockets. Officers also recovered a bag of cocaine and a bag containing 44 smaller, individually wrapped bags of fentanyl in Del Rio’s flight path, as well as a bag of cocaine in the vehicle Perez had crashed.
At the time, Perez was on supervised release in connection with two prior federal convictions: one in 2017 for engaging in the business of dealing firearms without a license, and one in 2020 for conspiracy to distribute controlled substances and felon in possession of a firearm. Given Perez’s status as a felon, he is barred from possessing a firearm.
In May 2024, Del Rio pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled sentences and is scheduled to be sentenced in January 2025.
United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division made the announcement today. Valuable assistance was provided by the Lexington, Chelsea and MBTA Police Departments and Customs and Border Protection. Assistant U.S. Attorneys Mike Crowley and Sarah Hoefle of the Organized Crime and Gang Unit prosecuted the case.
Physician Resolves Allegations of Improper Prescribing Practices Involving Controlled SubstancesRead the Press Release
BOSTON – A family medicine practitioner based out of Three Rivers, Mass. has agreed to pay $220,000 in civil penalties to settle allegations that he violated the Controlled Substances Act by prescribing controlled substances outside the usual course of professional practice.
As part of the settlement agreement, Dr. Stephen R. Holuk, 75, of Three Rivers, admitted that he regularly prescribed schedule II-controlled substances for his patients. For four of his patients, Dr. Holuk prescribed opioids in combination with benzodiazepines and muscle relaxers. During the covered period, Dr. Holuk wrote 280 prescriptions for opioids for these four patients alone, while also prescribing them benzodiazepines and muscle relaxers. Moreover, Dr. Holuk prescribed opioids for his patients without consistently conducting functional pain assessments or opioid risk assessments. He also rarely checked the Massachusetts Prescription Awareness Tool (formerly the Prescription Drug Monitoring Program), before prescribing his patients schedule II controlled substances, as required by Massachusetts law.
Under the Controlled Substances Act physicians, and other prescribers registered with the Drug Enforcement Administration, may only issue prescriptions for a legitimate medical purpose and in the usual course of professional practice.
“When doctors prescribe addictive opioids outside the scope of proper professional practice, they put patients at risk of overdose and undermine efforts to address the opioid crisis,” said United States Attorney Joshua S. Levy. “Our office and our federal law enforcement partners will continue to hold medical providers accountable for irresponsible prescribing, especially when it threatens the safety of our communities.”
“This settlement resolves allegations that Dr. Stephen Holuk abused his prescribing privileges,” said Jodi Cohen, Special Agent in Charge of the FBI’s Boston Division. “Doctors willing to illegally distribute and prescribe opioids only deepen the drug epidemic that continues to ravage our area. We encourage the public to report any information about prescription abuse to us or our law enforcement partners.”
“Medical practitioners who prescribe controlled substances have an obligation to do so responsibly and for legitimate medical purposes,” said Special Agent in Charge Roberto Coviello of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We will continue to investigate allegations of dangerous and irresponsible prescribing as we work to protect patients from such conduct.”
U.S. Attorney Levy, FBI SAC Cohen and HHS-OIG SAC Coviello made the announcement today. Assistant U.S. Attorney Lindsey Ross of the Affirmative Civil Enforcement Unit handled the case.
Florida Man Sentenced for Health Care Fraud ViolationsRead the Press Release
BOSTON – A Florida man was sentenced today in federal court in Boston for a scheme to defraud insurance providers for physical therapy services that were not provided to patients.
Jeffrey MacEachron, 60, a retired Air Force Colonel and former Inspector General at Hanscom Air Force Base, was sentenced by U.S. District Court Judge Indira Talwani to three months in prison, to be followed by 27 months of supervised release subject to home confinement. MacEachron was also ordered to pay $335,098 in restitution and a $5,500 fine. In July 2024, MacEachron pleaded guilty to an Information charging him with one count of health care fraud; aiding and abetting.
MacEachron owned and managed PT4U, Inc., a business that operated physical therapy clinics in Bedford and Lexington, Mass. According to the charging documents, from 2013 through 2021, MacEachron caused insurance companies and TRICARE to reimburse PT4U for physical therapy services that were not actually performed. Specifically, MacEachron edited claim forms to add units of service beyond those actually performed and then submitted them to insurance companies and TRICARE for payment.
United States Attorney Joshua S. Levy; Chris Averill, Special Agent in Charge of the Air Force, Office of Special Investigations; Brian J. Solecki, Special Agent in Charge of the Defense Criminal Investigative Service; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Anthony DiPaolo, Chief of Investigations of the Insurance Fraud Bureau of Massachusetts made the announcement today. Assistant U.S. Attorneys James D. Herbert and Christopher Looney prosecuted the case.
Springfield Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
BOSTON – A Springfield, Mass. man pleaded guilty today in federal court to drug and gun offenses.
JoPaul McKreith, 46, pleaded guilty to four counts of distribution and possession with intent to distribute cocaine; aiding and abetting and one count of distribution and possession with intent to distribute fentanyl; aiding and abetting; felon in possession of a firearm; possession of a firearm in furtherance of drug trafficking crimes; and unlawful possession of a machinegun. U.S. District Court Judge Myong J. Joun scheduled sentencing for April 1, 2025. McKreith was indicted by a federal grand jury on May 16, 2024.
McKreith possessed with the intent to distribute drugs between March 15 and May 2, 2024. McKreith also possessed a machine gun and ammunition on May 2, 2024, after previously being convicted of a felony.
The charge of possession with intent to distribute fentanyl and cocaine provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. The charge of possession of an interstate firearm and ammunition by a felon provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of up to $250,000. The charge of possession of a machine gun provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of possession of a firearm in furtherance of a drug trafficking felony provides for a sentence of at least five years up to life which must be consecutive to any sentence imposed on any other count, five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of the Springfield Branch Office is prosecuting the case.
Spencer Man Sentenced to Eight Years in Prison for Possessing Kilograms of Counterfeit Adderall Pills Intended for DistributionRead the Press Release
BOSTON – A Spencer man was sentenced today for possessing over 5.2 kilograms of counterfeit Adderall pills containing methamphetamine.
Jabriel Nabulsi, 30, was sentenced by U.S. District Court Judge Margaret R. Guzman to eight years in prison, to be followed by five years of supervised release. In June 2024, Nabulsi pleaded guilty to one count of possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine.
After being identified as a distributor of significant quantities of counterfeit Adderall pills, law enforcement approached Nabulsi’s vehicle as he drove toward his residence in Spencer on Dec. 27, 2023. Upon noticing law enforcement, Nabulsi exited his vehicle in a neighbor’s driveway and, with a blue bag in his hand, attempted to flee on foot. Nabulsi tossed the blue bag in the driveway and was immediately apprehended.
Approximately 19 individual vacuum-sealed clear plastic bags containing orange pills marked “AD/30” – with a total combined weight of approximately 5.25 kilograms – were found inside the blue bag. The substances contained in each of the plastic bags field-tested positive for methamphetamine. In addition, a single vacuum-sealed clear plastic bag containing approximately 300 grams of a white substance that field-tested positive for the presence of cocaine was also found in the blue bag. Smaller quantities of substances that field-tested positive for the presence of cocaine were recovered from Nabulsi’s vehicle.United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration in New England; Colonel Geoffrey D. Noble, Superintendent of the Massachusetts State Police; and Worcester Interim Police Chief Paul Saucier made the announcement. Valuable assistance was provided by. Assistant U.S. Attorney Danial E. Bennett of the Worcester Branch Office prosecuted the case.
Iranian Man Indicted for Providing Material Support to Foreign Terrorist Organization Resulting in Death, and for Scheme to Procure Sensitive U.S. Technology Used in Military DronesRead the Press Release
BOSTON – Two men who were arrested earlier this week have been indicted on charges related to a scheme to illegally export sophisticated electronic components from the United States to Iran.
Mahdi Mohammad Sadeghi, 42, a dual U.S.-Iranian national of Natick, Mass. and Mohammad Abedininajafabadi, A/K/A Mohammad Abedini (Abedini), 38, of Tehran, Iran, were each indicted on one count of conspiracy to violate the International Emergency Economic Powers Act “IEEPA) and the Iranian Transactions and Sanctions (ITSR) regulations; and three counts of violation of the IEEPA and the ITSR. Abedini was also indicted on four additional counts of violation of the IEEPA and the ITSR; as well as one count of conspiracy to provide material support to a foreign terrorist organization resulting in death; and one count of provision and attempted provision of material support to a foreign terrorist organization resulting in death.
On Jan. 28, 2024, three U.S. service members were killed, and more than 40 others were injured, in a drone attack by IRGC-backed militants on a military base located in northern Jordan, known as Tower 22. According to court documents, analysis of the drone that was recovered from the site of the attack showed that the drone was an Iranian Shahed UAV and that the navigation system used in the drone was manufactured by Abedini’s company.
The defendants were charged by criminal complaint on Dec. 16, 2024 and were arrested on Dec. 16, 2024. Sadeghi was arrested in Massachusetts and remains in federal custody. Abedini was arrested in Italy by Italian authorities at the request of the United States and is pending extradition proceedings.
According to court documents, Abedini is the founder and managing director of an Iranian company, San’at Danesh Rahpooyan Aflak Co. (SDRA or SADRA), that manufactures navigation modules used in the IRGC’s military drone program. SDRA’s main business is the sale of a proprietary navigation system—known as the Sepehr Navigation System—to the IRGC, which the United States designated as an foreign terrorist organization (FTO) on April 15, 2019. The primary application of SDRA’s Sepehr Navigation System is for use in Unmanned Aerial Vehicle (UAVs) – also known as drones – as well as cruise and ballistic missiles. Sadeghi was employed by a Massachusetts-based microelectronics manufacturer (U.S. Company 1) and was one of the founders of a Massachusetts-based technology company (U.S. Company 2) that specializes in wearable sensors that provide kinetic monitoring for fitness applications.
As alleged in court documents, Abedini, Sadeghi, and others conspired to evade U.S. export control and sanctions laws by procuring U.S. origin goods, services and technology from, U.S. Company 1 and causing them to be exported and supplied to Iran and, in particular, Abedini’s Iranian company, SDRA.
As further alleged, in or around 2016, Sadeghi traveled to Iran to request funding for U.S. Company 2 from the Iranian National Elites Foundation (INEF), which is an Iranian governmental organization whose main purpose is to recognize, organize and support Iran’s elite national talents. In exchange for funding for U.S. Company 2, which Sadeghi’s company ultimately received from the INEF, Sadeghi and others created a second company in Iran (Iranian Company 1). Shortly after forming Iranian Company 1, Sadeghi, through Iranian Company 1, entered into a contract with SDRA for the purchase of SDRA’s technology. It is also alleged that, since in or around 2016, on multiple occasions, Sadeghi has helped Abedini procure U.S. export-controlled electronic components for Abedini’s use in Iran.
Due to U.S. laws restricting exports to Iran, Abedini established a Switzerland front company for SDRA, Illumove SA (Illumove). According to court documents, with Sadeghi’s assistance, Abedini, through Illumove, entered into a contract with U.S. Company 1 to develop a mechanism to evaluate U.S. Company 1’s electronic components, including sophisticated semiconductors. It is alleged that Sadeghi and Abedini subsequently caused U.S.-origin goods, services and technology to be transferred to Iran, through Illumove, for the benefit of SDRA. Certain of the electronic components that Abedini allegedly obtained through Illumove were the same types of electronic components used in SDRA’s Sepehr Navigation System. According to court filings, the same navigation system that was determined to be used in the drone that struck Tower 22 and caused the death of three U.S. service members.
Abedini is also charged with providing material support to a foreign terrorist organization, the IRGC Aerospace Force, which is a strategic missile, air and space force. Since at least in or about 2014, SDRA has had multiple projects with the IRGC Aerospace Force, including projects for guided rockets and integrated navigation systems. As alleged, between 2021 and 2022, approximately 99% of SDRA’s sales of the Sepehr Navigation System, which are used in IRGC one-way attack drones, were to the IRGC’s Aerospace Force.
Sadeghi and Abedini each face up to 20 years in prison, three years of supervised release and a fine of up to $1 million fine on the charges related to violating the International Emergency Economics Powers Act. On the charges related to providing material support to a Foreign Terrorist Organization, resulting in death, Abedini faces up to life in prison, up to a lifetime of supervised release and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Attorneys Jared Dolan and Alathea Porter of the District of Massachusetts’ National Security Unit; Trial Attorney Christina Clark of the National Security Division’s Counterintelligence and Export Control Section; and Trial Attorneys Katie Sweeten and David Smith of the National Security Division’s Counterterrorism Section are prosecuting the case. The Justice Department’s Office of International Affairs is providing assistance and is seeking extradition of Abedini from Italy.
This prosecution is being coordinated through the Disruptive Technology Strike Force, an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states. Under the leadership of the Assistant Attorney General for National Security and the Assistant Secretary of Commerce for Export Enforcement, the Strike Force leverages tools and authorities across the U.S. Government to enhance the criminal and administrative enforcement of export control laws.
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.Hyannis Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
BOSTON – A Hyannis man pleaded guilty today in federal court in Boston to possession of a firearm and possession with intent to distribute fentanyl.
Timothy Lee Galvin, 32, pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime and possession with intent to distribute fentanyl. U.S. District Court Judge Angel Kelley scheduled sentencing for April 3, 2025. Galvin was indicted in August 2023.
On or about June 2, 2023 in Barnstable, Galvin was arrested for possession of approximately six grams of fentanyl and three rounds of 9mm ammunition in his pocket, and a backpack in which the police found a privately made firearm which was a .45 caliber pistol, 11 rounds of .45 caliber ammunition and 47 rounds of 9mm ammunition.
The charge of possession with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, a minimum term of three years of supervised release and a maximum fine of $1,000,000. The charge of possession of a firearm in furtherance of a drug trafficking crime provides a mandatory minimum sentence of five years and up to life in prison, a maximum of five years of supervised release and a maximum fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Cape & Islands District Attorney Robert Galibois made the announcement today. Assistant U.S. Attorney Benjamin Tolkoff of the Organized Crime & Gang Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce gun violence and other violent crime, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.
Former Bank Teller Arrested for Stealing More Than $180,000 from Customer AccountsRead the Press Release
BOSTON – A Saugus man has been arrested and charged for allegedly embezzling bank funds while working as a teller at TD Bank.
Derek Aut, 28, has been charged by criminal complaint with embezzlement by a bank employee. Aut was arrested yesterday and released on conditions following an initial appearance in federal court in Boston.
According to the charging documents, Aut allegedly stole from the bank accounts of two TD Bank customers. When one of the victims noticed money missing from her account, Aut allegedly attempted to cover up his theft by taking money from the other victim’s account and depositing it into the first victim’s account. In total, Aut is alleged to have taken more than $180,000 from the victims’ accounts.
The charge of embezzlement by a bank employee provides for a sentence of up to 30 years in prison, five years of supervised release and a $1 million fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Assistant U.S. Attorney Kristen A. Kearney of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law
Boston Man Sentenced to 15 Years in Prison for Sex TraffickingRead the Press Release
BOSTON – A Boston man was sentenced today for sex trafficking and cocaine charges. The defendant operated out of a tent systematically preying on women dating back to at least 2019, in the Boston area and Cape Cod, some of whom he transported from Massachusetts to other states, including New York, for commercial sex. The defendant referred to himself as “Ason the Pimp,” has a tattoo across his chest that states “Pimp or Die,” and wrote music in which he glorified his work as a pimp and the objectification of women.
Jonathan Vaughan, a/k/a “Ason,” 38, was sentenced by U.S. District Court Judge Richard G. Stearns to 15 years in prison, to be followed by five years of supervised release. In September 2024, Vaughan pleaded guilty to three counts of sex trafficking by force, fraud and coercion, two counts of transportation of an individual for purposes of prostitution and one count of possession with intent to distribute cocaine. In March 2022, Vaughan was indicted by a federal grand jury.“Jonathan Vaughan will now pay a very heavy price for exploiting his victims’ vulnerabilities and using forcing them to sell their bodies for his financial gain,” said United States Attorney Joshua S. Levy. “This office and our federal, state and local partners are putting substantial resources into combatting the dehumanizing sex trafficking industry and this lengthy sentence is a message to everyone involved in preying on women that there are very serious consequences to this conduct.”
“Vaughn used physical violence and coercion to leverage his victims’ vulnerabilities as a form of control. Today’s sentence holds Vaughn accountable for these heinous crimes against these victims,” said Special Agent in Charge Michael J. Krol for Homeland Security Investigations in New England. “We hope that this severe sentence will bring some peace to those he victimized as they continue to heal.”
From at least June 2019 through October 2021, Vaughan recruited and trafficked three female victims to engage in commercial sex acts and transported two of the victims for purposes of prostitution to another state. At the time of his arrest on state charges, on Oct. 13, 2021, Vaughan possessed 15 bags of cocaine intended for distribution to drug users.
From at least late spring or early summer of 2021 until his arrest on state charges, Vaughan maintained a tent at Mass and Cass which he used for distributing drugs and recruiting and trafficking women.
Vaughan permitted his sex trafficking victims to stay in and bring “dates” back to his tent so long as he received the proceeds of the commercial sex acts that the women engaged in at his direction. He recruited victims in and around Mass and Cass and Downtown Crossing as well as on the internet, including over Facebook. Vaughan also brought his victims to hotels in Boston, Chelsea, Saugus, Cape Cod, as well as Queens and Manhattan, N.Y.
Vaughan forced at least two of his victims to solicit themselves outdoors, by walking “the track” in areas such as Mass and Cass, Broadway in Chelsea and in and around Times Square in Manhattan, N.Y. Dating back to at least 2019, Vaughan engaged in both physical and sexual violence against his victims to manipulate them and to assert power and control over them.
Members of the public who believe they may be a victim of this crime should contact [email protected].
U.S. Attorney Levy and HSI SAC Krol made the announcement today. Valuable assistance was provided the Federal Bureau of Investigation, Boston Division; Barnstable and Boston Police Departments; and the Suffolk County District Attorney’s Office. Assistant U.S. Attorney Lindsey E. Weinstein of the Criminal Division prosecuted the case.
Boston Man Sentenced for Fraudulently Obtaining COVID-Relief FundsRead the Press Release
BOSTON – A Boston man was sentenced yesterday in federal court in Boston after being convicted of fraudulently obtaining pandemic-related relief funds from the Paycheck Protection Program (PPP).
Robert Platt Jr., 45, was sentenced by U.S. District Court Judge Myong J. Joun to time served (one day), to be followed by two years of supervised release. Platt was also ordered to pay $20,833 in restitution and forfeiture. In September 2024, Platt pleaded guilty to one count of wire fraud and one count of making false statements. Platt arrested in February 2024 along with over 40 Heath Street Gang members/associates, who were charged with racketeering conspiracy, drug trafficking, firearms charges, and financial frauds, including COVID-related fraud.
Among other relief programs, the Coronavirus Aid, Relief, and Economic Security Act created the PPP, a temporary loan program directed at small businesses. PPP loans were processed and funded by participating lenders and guaranteed by the U.S. Small Business Administration. If the small business used the loan funds for permissible expenses, the loan could be forgiven.
In April 2021, Platt submitted a fraudulent PPP loan application on behalf of his purported construction business. The application contained multiple false statements, including false representations regarding the fictitious business’s income in 2019 and the purpose of the loan. Platt also submitted false tax records in support of his loan application. Based on the fraudulent application, Platt received approximately $20,833, which he then spent on non-business-related expenses, including transactions at Encore Boston Harbor Casino.
United States Attorney Joshua S. Levy; Boston Police Commissioner Michael Cox; Jonathan Mellone, Special Agent in Charge of Department of Labor, Office of Inspector General; and Jonathan Wlodyka, Acting Special Agent in Charge of the Internal Revenue Service Criminal Investigations made the announcement today. Assistant U.S. Attorneys Sarah Hoefle and Lucy Sun of the Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Worcester Man Sentenced for Unlawful Firearm PossessionRead the Press Release
BOSTON – A Worcester man was sentenced today for unlawfully possessing a firearm as a convicted felon.
Joan Rosado Maldonado, 43, was sentenced by U.S. District Court Judge Margaret R. Guzman to five years in prison followed by three years of supervised release. Rosado Maldonado was also ordered to forfeit a firearm and ammunition. In March 2024, Rosado Maldonado pleaded guilty to one count of being a felon in possession of firearm and ammunition.
Shortly after midnight on Sept. 10, 2021, law enforcement observed Rosado Maldonado standing on Main Street in Worcester, outside of a high-rise apartment building located across the street from the federal courthouse. Officers observed Rosado Maldonado raise his arm to the sky and, as they drove away, heard the ring of a gunshot. The officers immediately turned around and returned to the apartment building, where they apprehended Rosado Maldonado as he attempted to enter an elevator. During a subsequent search of his person, Rosado Maldonado was found in possession of a semi-automatic .40 caliber pistol with its serial number removed, loaded with 14 rounds of ammunition, including one in the chamber. The spent casing from the shooting was found on the street outside of the apartment building.
Rosado Maldonado is prohibited from possessing firearms and ammunition due to multiple prior convictions of crimes punishable by more than one year in prison, including armed assault to murder and assault and battery by dangerous weapon and cocaine trafficking.United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Paul B. Saucier, Interim Chief of the Worcester Police Department made the announcement today. Assistant U.S. Attorney Kristen M. Noto, Chief of the Worcester Branch Office, prosecuted the case.
Revere Man Pleads Guilty to Armed Robberies of Two Local Convenience StoresRead the Press Release
BOSTON – A Revere man pleaded guilty today in federal court in Boston to the armed robberies of two Boston-area convenience stores in less than one week.
Jaquan Barrows, 27, pleaded guilty to two counts of robbery interfering with interstate commerce, commonly referred to as Hobbs Act robbery, and one count of using and brandishing a firearm during and in relation to, and in furtherance of a crime of violence. U.S. District Court Judge Richard G. Stearns scheduled sentencing for March 26, 2025. In April 2024, Barrows was charged by criminal complaint.
On the morning of March 29, 2024, a male wearing a mask, dark clothing and an orange safety vest entered a Revere convenience store brandishing a handgun. The suspect walked behind the counter, demanded cash from the cash register drawer, additional cash and a cell phone from the store clerk. The suspect struck the clerk in the head with the firearm, took an ice cream bar from a store freezer and fled the scene.
Less than one week later, on the morning of April 4, 2024, a male wearing a black mask and dark clothing entered an Everett convenience store and appeared to be shopping. After being asked to pay for his items, the suspect brandished a handgun, pointed it at the store clerk and demanded cash from the cash register drawer and fled the scene.
A subsequent investigation identified a Honda Pilot captured in the vicinity of the Revere convenience store. The vehicle was registered to an individual who resided with Barrows. Surveillance footage obtained from the Revere convenience store and from Barrows’ residence showed Barrows wearing clothing similar to the robber. During a search of Barrows’ residence on April 4, 2024, clothing items matching the robber from the Revere robbery, as well as a handgun were found. Barrows was immediately taken into custody.
The charge of Hobbs Act robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $ 250,000. The charge of using and brandishing a firearm during and in relation to, and in furtherance of a crime of violence provides for a mandatory minimum sentence of seven years in prison to be served consecutively to the penalty for the underlying crime, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance was provided by the Revere and Everett Police Departments. Assistant U.S. Attorney Lauren Maynard of the Major Crimes Unit is prosecuting the case.
New Hampshire Man Pleads Guilty to Possessing 70 Kilos of CocaineRead the Press Release
BOSTON – A Manchester, N.H. man pleaded guilty on Dec. 11, 2024, in federal court in Boston to possession with intent to distribute five kilograms or more of cocaine.
Miguel Angel Martinez Lugo, a/k/a “Jesus Manuel Encarnacion,” a/k/a “Jose Rosado Rabell,” 38, pleaded guilty to one count of possession with intent to distribute 5 kilograms or more of cocaine. U.S. District Court Judge Julia E. Kobick scheduled sentencing for March 6, 2025.
On April 4, 2024, police working in plain clothes and operating an unmarked vehicle observed a black Acura MDX with a New Hampshire license plate registered to Martinez Lugo under his alias, “Jesus Encarnacion,” and a Chevrolet pickup truck with an Ohio license plate in close proximity to one another that appeared to be travelling together. Law enforcement followed the two vehicles as they drove down a number of streets and then ultimately parked on Porter Street Court in Salem, Mass. The two vehicles were parked in such a way that their trunks were visible and law enforcement observed two males, one of which was identified as Martinez Lugo, transporting a heavy-duty black plastic storage bin with a yellow lid from the pickup truck to the black Acura MDX. Two additional heavy duty black plastic storage bins were observed inside of the black Acura MDX.
When the Black Acura MDX passed the law enforcement vehicle, the driver, Martinez Lugo, made eye contact with the officer and then quickly parked and abandoned the vehicle. A search warrant was subsequently sought for the vehicle and 70 kilograms of cocaine were found inside of the three plastic storage bins inside of the vehicle. Three cellular phones were also recovered from the vehicle, among other things.
The charge provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years and up to life of supervised release and fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Chief Lucas J. Miller of the Salem (Mass.) Police Department; and Chief Peter Marr of the Manchester N.H. Police Department made the announcement. Valuable assistance was provided by the United States Marshals and the U.S. Customs and Border Patrol. Assistant U.S. Attorney J. Mackenzie Duane of the Narcotics & Money Laundering Unit is prosecuting the case.
Man Who Robbed Martha's Vineyard Bank at Gunpoint Sentenced to Decade in PrisonRead the Press Release
BOSTON – An Edgartown, Mass. man was sentenced today in federal court in Boston for arranging the November 2022 armed bank robbery of a Martha’s Vineyard bank.
Miquel Anthonio Jones, 33, was sentenced to 10 years in federal prison to be followed by three years of supervised release. In March 2023, Jones was indicted by a federal grand jury, and additional charges were brought in a superseding indictment in April 2023.
Jones conspired with co-defendants Omar Odion Johnson, of Canterbury, N.H., Romane Andre Clayton, of Jamaica, and Tevin Porter, of Bridgeport, Conn., to commit the Nov. 17, 2022 armed robbery of the Rockland Trust bank branch in Vineyard Haven.
As the only member of the crew from Martha’s Vineyard, Jones led the robbery conspiracy. Specifically, Jones identified the bank they would be robbing, obtained and provided all the necessary items for the robbery to his co-conspirators – including dark-colored clothing, plastic masks that resembled an elderly man with exaggerated facial features, zip ties and duct tape – and chose which bank to rob and when. Jones also paid Johnson to bring a gun.
On Nov. 16, 2022, Jones met Johnson and Clayton in Martha’s Vineyard and provided them with details of his plan before driving himself and his co-conspirators to the Rockland Trust bank in Vineyard Haven, where he assured them he had obtained information about the bank and its security. The defendants then slept at Jones’ residence in Edgartown the night before they committed the robbery.
On the morning of Nov. 17, 2022, Jones drove the group to the bank. After arriving, Jones, Johnson and Porter hid in bushes near the rear of the bank while Clayton drove to a nearby state forest to park the car, before bicycling back to the bank.
As the bank’s three employees arrived that morning, Jones, Johnson and Porter – wearing the plastic masks and displaying two handguns – approached them and forced their way through the rear door. Once inside the bank, one of the individuals held a gun to the head of one of the bank employees, forced the employee to open the bank’s vault and took approximately $39,100. The bank employees were bound with duct tape and plastic zip ties while their belongings were searched and the robbers demanded access to one of their vehicles.
Jones, Porter, and Johnson then left the bank in an employee’s car, picked up Clayton outside the bank, and drove to the Manuel Correllus State Forest, where they abandoned the vehicle in a parking lot. They then fled in another vehicle that Clayton had left there for purposes of their escape.
Later that morning, Porter and Clayton left Martha’s Vineyard together on a ferry. Meanwhile, Jones and Johnson drove to a local farm associated with Jones’s landscaping job to dispose of the equipment that had been used during the bank robbery. At the farm, they buried the two firearms used in the robbery in a hole in the ground and burned the remainder of the robbery equipment, including the plastic masks.
After the evidence was disposed of, Jones returned home to his residence where he hid the approximately $39,100 that had been stolen from the bank, in his bedroom under a bureau. Johnson left Martha’s Vineyard, reconvened with Porter and Clayton in Woods Hole, and then drove them to the area of Johnson’s home in New Hampshire.
“Protecting the people of Massachusetts from criminal conduct comes in many forms, and this case highlights some of the most old-fashioned, blatant and terrifying criminal behavior we face: armed bank robbery. Miquel Antonio Jones orchestrated and led a calculated and violent robbery that terrorized bank employees and the surrounding community. His conduct left lasting emotional scars, and today, he is paying a significant price for his actions,” said United States Attorney Joshua S. Levy “This decade-long sentence sends a clear message: such violent and calculated crimes have no place in our communities. We will not tolerate those who threaten the safety of others, and we will continue to pursue justice to ensure Massachusetts remains a safe place for all who live and work here.”
“This was a bold and brazen armed robbery carried out on a picturesque island at the start of the day. The ringleader of this robbery crew, Miquel Antonio Jones, showed up armed with loaded firearms, zip ties, duct tape, and plastic masks and forced employees into the bank at gunpoint, making them fear for their lives,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “It’s incredibly fortunate no one was hurt before the armed robbers opted to flee. Today’s sentence makes it clear that bank robbery is not an easy payday, it’s a federal crime, and the FBI and our partners will ensure perpetrators like Jones are held fully accountable.”
Clayton, Johnson and Porter have each pleaded guilty to their roles in the conspiracy and are scheduled to be sentenced on Jan. 8, 2025, Jan. 9, 2025 and Jan. 28, 2025, respectively.
U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Valuable assistance was provided by Cape & Islands District Attorney’s Office; the Massachusetts State Police; the Tisbury, West Tisbury, Edgartown, Chilmark, Oak Bluffs, Aquinnah, Canterbury (N.H.) and New Haven (Conn.) Police Departments; the United States Postal Inspection Service; the Bureau of Alcohol Tobacco and Firearms; Immigration and Customs Enforcement; and United States Customs and Border Protection. Assistant U.S. Attorney Meghan C. Cleary of the Criminal Division is prosecuting the case.
Level 1 Sex Offender from Attleboro Arrested and Charged with Possession of Child Sexual Abuse MaterialRead the Press Release
BOSTON – An Attleboro man, who is a Level 1 sex offender, has been arrested and charged in connection with possession of child sexual abuse material (CSAM).
Eric Brault, 31, was charged with possession of child pornography and will appear in federal court in Boston at 3 p.m. today.
According to the charging documents, an investigation into an internet-based communications application used for the trafficking of CSAM allegedly identified Brault as a likely user of the application who participated in groups where CSAM was disseminated. During a search of Brault’s residence this morning, a review of his phone allegedly revealed that Brault was a member of several groups on the platform that exchanged CSAM. Additionally, more than 200 video and image files, most of which appear to depict CSAM, were allegedly located within a photo album on Brault’s phone.
Brault was previously convicted in Attleboro District Court to Indecent Assault and Battery on a Child Under 14 Years Old and was subsequently sentenced to 18 months of probation.
Brault faces a sentence of at least 10 years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Valuable assistance was provided by the Attleboro Police Department. Assistant U.S. Attorney Jessica L. Soto of the Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican Man Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Dominican man pleaded guilty today to illegally reentering the United States after deportation.
Salvador Reynoso-Perez, 38, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for March 25, 2025. In November 2024, Reynoso-Perez was charged by indictment.
Reynoso-Perez was deported from the United States on two prior occasions, with the most recent being March 16, 2021. Sometime after his March 2021 removal, Reynoso-Perez unlawfully reentered the United States. Immigration authorities became aware of Reynoso-Perez’s unlawful presence in the United States on Sept. 17, 2024. Reynoso-Perez was serving a state sentence for, among other things, Possession to Distribute a Class A substance.
The charge of unlawful reentry of a deported alien provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Brian Sullivan of the Major Crimes Unit is prosecuting the case.
Clinton Man Sentenced for Employment Tax Fraud, Mail Fraud and False StatementsRead the Press Release
BOSTON – A Clinton, Mass. man was sentenced today in federal court in Worcester for his involvement in tax and mail fraud, and other offenses.
Juliano Fernandes, 42, of Clinton, was sentenced by U.S. District Court Judge Margaret R. Guzman to five years of probation. In July 2023, Fernandes pleaded guilty to 11 counts of employment tax fraud, two counts of mail fraud and two counts of making false statements to a federal agency.
Fernandes exercised financial control over Force Corporation and AB Construction, both Massachusetts-based construction companies. Between 2015 and 2017, Fernandes willfully failed to account for and pay over employment taxes for these companies to the United States Internal Revenue Service. In addition, from approximately April 2013 through January 2017, Fernandes defrauded worker’s compensation insurance companies by misrepresenting the number of employees at Force Corporation and AB Construction, and the wages paid to the employees. In August 2017, Fernandes also made materially false statements to the U.S. Department of Labor regarding the value of property he owned in Lunenburg, Mass., and that he never had responsibility or control over the payroll of Force Corporation. These statements related to the Department of Labor’s efforts to collect funds from Fernandes and his businesses in connection with alleged civil wage violations.
Co-defendant Anderson Dos Santos, who worked for AB Construction, signed and filed individual tax returns for tax years 2013, 2014, 2016 and 2017, in which he materially under-reported his income.
Dos Santos pleaded guilty and was sentenced in May 2024 to three years of probation.
United States Attorney Joshua S. Levy; Jonathan Wlodyka, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations, Boston Field Office; Jonathan Mellone, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, Labor Racketeering and Fraud, Northeast Region; and Anthony DiPaolo, Executive Director of the Insurance Fraud Bureau of Massachusetts made the announcement. Assistant U.S. Attorneys Brendan D. O’Shea and Danial Bennett of the Worcester Branch Office and John T. Mulcahy of the Public Corruption & Special Prosecutions Unit prosecuted the case.
After-Market Firearm Accessory Manufacturer and Distributor Sentenced for Illegal Distribution of Firearm SilencersRead the Press Release
BOSTON – A New Hampshire company was sentenced for violating the National Firearms Act (NFA) by distributing interoperable components for firearm silencers.
KBC Capital, LLC d/b/a “Lethal Eye” was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to three years’ probation and ordered to pay a $260,000 fine. In September 2024, KBC pleaded guilty to 26 counts of transferring a firearm in violation of the NFA.
“Silencers allow for the proliferation in criminal activity by reducing the sound of gunfire and affecting the ability to identify the location and source of a shot. By knowingly misbranding these devices, KBC flooded our streets with dangerous devices and impeded law enforcement,” said Acting United States Attorney Joshua S. Levy. “The U.S. Attorney’s Office and our law enforcement partners take all gun crimes seriously and will continue to work together to hold those accountable who violate our gun laws.”
“ATF takes violations of the National Firearm Acts very seriously, and suppressors in the wrong hands possesses significant threats to public safety. Today’s sentence, reinforces ATF’s commitment to arresting and prosecuting individuals who violate the NFA statutes,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division
“Each and every illicit silencer has potential for violent use and today’s sentence accounts for each transfer of a silencer made by KBC confirmed by this investigation. Companies in the firearms trade have a duty to follow regulations to ensure a safe, lawful firearms industry. This case brings together several of our law enforcement partners and underlines our commitment of holding sellers accountable when they try to subvert the law,” said Special Agent in Charge Michael J. Krol for Homeland Security Investigations in New England.
“Postal inspectors are committed to ensuring the U.S. Postal Service is not a mechanism to distribute illicit firearms or firearm components,” stated Ketty Larco-Ward, Inspector in Charge of the Boston Division of the United States Postal Inspection Service. “The sentence handed down in this case serves as a reminder that postal inspectors, along with our law enforcement partners, remain steadfast in our resolve to protect our communities from dangerous weapons.”
“This investigation is an example of DEA’s dedication to working with our local, state and federal partners in identifying, targeting and investigating those who are involved in selling dangerous devices,” said Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “We will continue to work with our law enforcement partners to stop illegal activities so our communities can be safe places to be.”
KBC operated a website using the trade name “Lethal Eye,” selling a variety of firearms accessories. Despite marketing one of these products as a “muzzle break,” the product actually served as a principal part of a firearm silencer. This part was interoperable with other KBC products that, together, along with other generally available consumer products, could be combined to generate a firearm silencer. According to court documents, while doing business as “Lethal Eye,” KBC sent 26 illegal suppressor parts to Massachusetts residents. On Aug. 18, 2023, a search of Lethal Eye’s principal place of business resulted in the recovery of 327 items classified as illegal firearm silencers. At no time, was KBC an FFL and at no time did KBC pay the appropriate tax to manufacture a single silencer.
The NFA imposes taxes on the making and transfer of NFA Firearms, as well as a special occupational tax on Federal Firearms Licensees (FFLs) engaged in the business of importing, manufacturing and dealing in NFA firearms. Only certain classes of FFLs may lawfully manufacture NFA weapons. The NFA requires registration of all NFA firearms with the Attorney General in the National Firearms Registration and Transfer Record. The purpose of the NFA is to regulate transactions which are deemed to be more dangerous than those not regulated by the NFA due to their proliferation in criminal activity at the time the NFA was enacted.
United States Attorney Levy; ATF SAC Ferguson; HSI SAC Krol; USPIS INC Larco-Ward; and DEA Acting SAC Belleau made the announcement today. Valuable assistance was provided by Nashua (N.H.) and Hollis, (Mass.) Police Departments. Assistant U.S. Attorney Evan Panich of the Criminal Division is prosecuting the case.
Securities Trader Sentenced for Market Manipulation ConspiracyRead the Press Release
BOSTON – A securities trader was sentenced yesterday for his role in a sophisticated, multi-year market manipulation conspiracy involving securities traded on exchanges within the United States, including the New York Stock Exchange and NADSAQ.
Xiaosong Wang, 36, of Upton, Mass., was sentenced by U.S. Senior District Court Judge William G. Young to 30 days in prison. Wang was also ordered to forfeit $1,041,084 in illicit proceeds and ordered removed to China upon completion of his prison sentence. On Sept. 12, 2024, Wang pleaded guilty to one count of conspiracy to commit securities fraud.
From approximately 2013 through 2018, Wang participated in the manipulative trading activity of a group of securities traders located in China and, at times, in Massachusetts. Specifically, Xiaosong Wang and his co-conspirators, including Jiali Wang, used several brokerage accounts in their names, and in the names of others with whom Xiaosong Wang and Jiali Wang had relationships, to artificially depress or inflate the prices of thinly traded securities. They did so by repeatedly placing relatively small sell (or buy) orders designed to send a false signal about a security’s supply (or demand) and to depress (or inflate) the security’s price. Xiaosong Wang and his co-conspirators then immediately placed relatively large buy (or sell) orders on the other side of the market to take advantage of their manipulations. Once the large orders executed, Xiaosong Wang and his co-conspirators canceled their outstanding manipulative orders.
Jiali Wang pleaded guilty in August 2022 and was sentenced in December 2022 to time served (three months in prison) and nine months of home detention. Jiali Wang was also ordered to forfeit $7.75 million in illicit proceeds and was later ordered removed to China.
United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Assistant U.S. Attorney James R. Drabick of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
Repeat Offender Sentenced to 12 Years in Prison for Distributing MethamphetamineRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for distributing methamphetamine hydrochloride (“crystal meth”).
Vincent Lambert, 41, was sentenced by U.S. District Court Judge Indira Talwani to 12 years in prison, to be followed by five years of supervised release. In June 2024, Lambert pleaded guilty to three counts of distribution of and possession with intent to distribute methamphetamine. In June 2023, Lambert was indicted by a federal grand jury.
In August 2022, Lambert was identified as a supplier of crystal meth in the Boston area by a cooperating source. Lambert distributed 24 grams of crystal meth to the cooperating source in Boston on Feb. 15, 2023. On March 2, 2023, Lambert distributed another 110 grams of crystal meth in Cambridge to the cooperator. On April 4, 2023, Lambert distributed another 83 grams of crystal meth in Dorchester to the cooperator.
On June 7, 2023, 1,102 grams of crystal meth; 4,437 grams of butanediol; 100 grams of fentanyl; 43 grams of ketamine; 39 grams of cocaine; and 25 grams of MDMA were seized during a search of Lambert’s residence.
Lambert, a career offender, was sentenced to 18 months in prison for drug charges in West Roxbury District Court in 2017. In 2019, Lambert was sentenced to one year in prison for drug charges in Cambridge District Court. Later in 2019, Lambert was also sentenced to 3.5-5 years in prison for additional drug charges in Suffolk Superior Court.
Acting United States Attorney Joshua S. Levy and Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit prosecuted the case.
New York City Man Arrested for Drug DistributionRead the Press Release
BOSTON – A New York City man has been arrested and charged for allegedly distributing multiple kilograms of fentanyl in the greater Boston area that he transported from New York.
Cesar Nunez Lopez, 42, was charged with three counts of distribution and possession with intent to distribute controlled substances. Lopez was arrested on Dec. 13, 2024 and, following an initial appearance in federal court in Boston later that day, agreed to voluntary detention.
According to the charging documents, in November 2024, Lopez was identified as a fentanyl trafficker. On Nov. 15, 2024, in a supermarket parking lot in the greater Boston area, Lopez distributed 99.4 grams of fentanyl wrapped in a clear plastic bag inside a black sock. It is further alleged that on Nov. 25, 2024, Lopez distributed approximately 500 grams of suspected fentanyl at a store parking lot in Watertown.
On the morning of Dec. 13, 2024, Lopez allegedly travelled from New York to a parking lot in Watertown where he distributed approximately 2.5 kilograms of fentanyl inside shopping bag.
The charge of distribution and possession with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation, Boston Field Office made the announcement. Valuable assistance was provided by the Watertown and Waltham Police Departments. Assistant U.S. Attorney Steve Hassink of the Narcotics & Money Laundering Unit is prosecuting the case.
This investigation was led by members of the Organized Crime Drug Enforcement Task Forces (OCDETF) Boston Strike Force. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lexington Doctor Sentenced for Engaging in International Money Laundering Scheme and Importing Illegal and Misbranded DrugsRead the Press Release
BOSTON – A Lexington, Mass. doctor was sentenced yesterday in federal court in Boston for an international money laundering scheme involving importing illegal, misbranded drugs.
Rahim Shafa, 66, was sentenced by U.S. District Court Judge Margaret R. Guzman to three years in prison, to be followed by three years of supervised release. Shafa was also ordered to pay $115,765 in restitution and a fine of $150,000. In February 2024, Shafa was convicted after a 14-day jury trial of international money laundering, illegally importing merchandise contrary to law and receiving and delivering misbranded drugs. The defendant was indicted by a federal grand jury in August 2020 and subsequently charged in a superseding indictment in June 2021.
Shafa was a psychiatrist who owned and operated Novel Psychopharmacology (Novel). From approximately January 2008 through January 2018, Shafa engaged in an international money laundering scheme to purchase naltrexone pellet implants as well as disulfiram pellet implants and injections from Hong Kong. Naltrexone and disulfiram are approved by the U.S. Food and Drug Administration (FDA) in certain forms for the treatment of alcohol dependence and alcohol and opioid dependence, respectively. However, the implantable pellet form of the drug that Shafa purchased are not approved by the FDA. Shafa falsified shipping documents to conceal that the packages containing the drugs were shipped from Hong Kong to Shafa in Massachusetts. For example, packages containing naltrexone pellet implants were falsely declared as ‘plastic beads in plastic tubes’ in shipping documents. Shafa sold these drugs to patients of Novel and implanted them into patients, without fully understanding the risks of the drugs. Patients testified at trial regarding infections and complications they experienced from the pellet implantation procedure.
United States Attorney Joshua S. Levy, Fernando P. McMillan, Special Agent in Charge of the New York Field Office of the U.S. Food and Drug Administration, Office of Criminal Investigations and Special Agent in Charge Roberto Coviello of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) made the announcement. Valuable assistance was provided by the Massachusetts State Police, the Milford Police Department and the Lexington Police Department. Assistant U.S. Attorneys John T. Mulcahy, Howard Locker and Kaitlin J. Brown of the Criminal Division prosecuted the case.
Leader of Large-Scale Fentanyl Trafficking Conspiracy Sentenced to 22.5 Years in PrisonRead the Press Release
BOSTON – A Rhode Island man was sentenced in federal court in Boston for his role in a large-scale fentanyl trafficking conspiracy responsible for the distribution of large quantities of fentanyl across Massachusetts, Rhode Island, New York and other states.
Jasdrual a/k/a Josh Perez, 36, of Cranston, R.I., was sentenced by U.S. District Court Judge Leo T. Sorokin to 22.5 years in prison to be followed by five years of supervised release. Perez was also ordered to pay a fine of $1 million. In addition, Perez was ordered to forfeit his rights to the residence from which Perez distributed fentanyl.
“Fentanyl kills over 2,000 people a year in Massachusetts. That is unacceptable. Jasdural Perez was running a business that pumped over 200 kilograms of this deadly poison onto the streets of Massachusetts and neighboring states, wreaking havoc and destroying lives. This was not some low-level street dealer. This is a man who bought industrial pill presses to churn out millions of pills containing highly addictive and dangerous fentanyl.” said United States Attorney Joshua S. Levy. “This office and our federal partners will stay relentless in holding accountable the people contributing to this deadly crisis. We commend the tireless work of our law enforcement partners who continue, day in and day out, to root out, dismantle and punish these organizations and the people who sit atop them.”
“Fentanyl is causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes this poison, especially in the form of pills designed to look like real prescription medication, in order to profit and destroy lives,” said Acting DEA Special Agent in Charge Stephen Belleau, New England Field Division. “Illegal drug distribution ravages the very foundations of our families and communities so every time we take fentanyl off the streets, lives are saved. This investigation demonstrates the strength of collaborative local, county and state law enforcement efforts in Massachusetts and our strong partnership with the U.S. Attorney’s Office.”
“The sentence of Jasdural Perez sends a strong message to all those who seek to endanger the welfare and wellbeing of our communities in order to enrich themselves,” said Jonathan Wlodyka, Acting Special Agent in Charge of the Internal Revenue Service Criminal Investigation, Boston Field Office. “Perez led a syndicate whose sole intent was flooding our streets with large quantities of deadly drugs. By concealing fentanyl as pharmaceutical grade prescription drugs, Perez further endangered his clients lives by selling them a product that is much more potent and deadly.”
Perez was the leader of a drug trafficking organization (DTO) based in Providence, R.I., that distributed significant quantities of fentanyl. Perez and his DTO pressed fentanyl powder into pills designed to look like pharmaceutical grade Oxycodone or Percocet pills and sold these pills across multiple states. Perez and his DTO distributed an estimated 200 kilograms of fentanyl and manufactured and sold millions of counterfeit pills containing fentanyl. Perez led the DTO, had multiple people working for him and manufactured fentanyl pills himself.
On Feb. 7, 2022, a search of a home owned by Perez resulted in the seizure of two industrial-sized pill presses and kilograms of fentanyl, including bags containing fentanyl powder and over 50,000 counterfeit oxycodone pills containing fentanyl.
Perez fled from Rhode Island to New York upon hearing of the searches on his properties. While he was fleeing, Perez orchestrated another fentanyl deal, this time for the sale of 19,000 pills. Those drugs were also seized.
Perez was arrested on Feb. 11, 2022 and has been in custody since his arrest. Last week, co-defendant Erik Ventura was sentenced to 10 years in prison for his role in this conspiracy.
U.S. Attorney Levy; DEA Acting SAC Belleau; Acting IRS SAC Wlodyka; and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Special assistance in the investigation was provided by the United States Attorney’s Office for the District of Rhode Island; Rhode Island State Police; Massachusetts State Police; and the Cranston, Warwick, and West Warwick, RI Police Departments. Assistant U.S. Attorneys Kunal Pasricha, Lindsey Weinstein and Craig Estes of the Criminal Division and Alexandra Amrhein of the Asset Forfeiture Unit represented the government.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Brazilian Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Brazilian man was sentenced today in federal court in Boston for illegally reentering the United States after deportation.
Jose Antonio Moreira Martins Desouza, 39, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to eight months in prison, to be followed by three years of supervised release. In September 2024, Desouza pleaded guilty to one count of unlawful reentry of a deported alien. Desouza was indicted by a federal grand jury in July 2024.
Desouza was previously deported from the United States on Nov. 14, 2012. Sometime after his November 2012 removal, Desouza illegally reentered the United States. He was arrested by local police on May 22, 2023 and detained by immigration authorities on June 26, 2024.
Acting United States Attorney Joshua S. Levy and Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit prosecuted the case.
Transplant Surgeon Sentenced for Operation of Unlicensed Money Transmitting BusinessRead the Press Release
BOSTON – A renowned Chinese kidney transplant surgeon at Wuhan Union Hospital was sentenced today in federal court in Boston for operating an unlicensed money transmitting business in connection with his family member’s drug trafficking operation.
Zhendi Wang, 44, of Wuhan, was sentenced by District Court Judge Allison D. Burroughs to 20 months in prison, to be followed by one year of supervised release. Three co-defendants in a related money laundering conspiracy remain at large. In October 2024, Wang pleaded guilty to operating an unlicensed money transmitting business.
Wang, a citizen of the People’s Republic of China, opened bank accounts in Massachusetts. Between 2020 and 2023, Wang received $1.2 million in his bank accounts from a family member. That money was derived from sales from the family member’s online steroids business. Wang then repaid equivalent amounts to his family member in Chinese currency. Wang lacked the appropriate license to operate a money transmitting business.
United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Valuable assistance was provided by the Quincy Police Department. Assistant U.S. Attorney Lindsey Weinstein and Evan Panich of the Narcotics and Money Laundering Unit prosecuted the case.
The details contained in the charging document are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nahant Woman and Winthrop Man Sentenced for Fraud and Tax EvasionRead the Press Release
BOSTON – A Nahant woman and Winthrop man were sentenced in federal court in Boston for conspiring to commit wire fraud and tax evasion.
Gary P. DeCicco, 65, was sentenced by U.S. District Court Judge Richard G. Stearns to 15 months in prison, which he has already served, to be followed by three years of supervised release. Pamela M. Avedisian, 61, was sentenced by U.S. District Court Judge Richard G. Stearns to one year of supervised release, with the first four months to be served in home confinement. DeCicco and Avedisian were ordered to pay $425,754 in restitution and to forfeit $650,000. In June 2024, DeCicco and Avedisian pleaded guilty to one count of conspiracy to commit wire fraud and one count of conspiracy to defraud the United States. DeCicco and Avedisian were indicted by a federal grand jury in January 2018.
Between April 2012 and February 2013, DeCicco repeatedly told the IRS that he did not have the ability to pay his over $340,000 tax liability and that he had very little cash, no vehicles or real property and no ownership interest in any asset with a positive value. However, DeCicco had ownership interests in several businesses, vehicles and real properties titled in his name and the names of Avedisian and others, in order to conceal those assets from the IRS during that time period. In addition, beginning in March 2013, after the IRS accepted DeCicco’s proposed monthly payment plan (based on the false information DeCicco provided about his assets and income) and instead of making the agreed-upon monthly payments, DeCicco bought and sold numerous real properties, boats and high-end cars and concealed those assets and his income from the IRS, often with Avedisian’s assistance.
In addition, Avedisian owned a property in Nahant that was subject to a mortgage in excess of $1 million. In October 2015, DeCicco and Avedisian conspired to defraud the mortgage holder by proposing the sale of the property for significantly less than the outstanding mortgage, in what is commonly referred to as a “short sale.” By their very nature, short sales are intended to be arms-length transactions in which the buyers and sellers are unrelated and act independently, allowing sellers to cede their ownership of the property in exchange for the short-selling bank’s agreement to release them from their unpaid mortgage debt. In order to get approval for the sale, DeCicco and Avedisian concealed their long-term romantic and business relationship from the loan servicing company and falsely represented that Avedisian could no longer make payments towards the mortgage on the property. In fact, just two months before the “short sale” closed, Avedisian purportedly received $3.5 million from the sale of another asset to DeCicco.
United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Jonathan Wlodyka, Acting Special Agent in Charge of the Internal Revenue Service Criminal Investigation, Boston Field Office made the announcement today. Assistant U.S. Attorneys Kristina E. Barclay and Neil J. Gallagher, Jr. of the Public Corruption & Special Prosecutions Unit prosecuted the case.
Lowell Man Charged with Sex Trafficking and Transporting Victim Through Four StatesRead the Press Release
BOSTON – A Lowell, Mass. man was arrested on Friday and charged with sex trafficking a victim in Massachusetts, Nevada, Rhode Island and New York.
Melando Streety, a/k/a “Prez,” 41, was charged with sex trafficking by force, fraud, or coercion, and five counts of transporting a person to engage in prostitution. Streety was arrested in Michigan and will make an initial appearance in federal court in Detroit.
According to the indictment, beginning in September 2023, and continuing to December 2023, Streety caused a victim to engage in commercial sex through the use of various means, including force, threats of force, fraud and coercion. During that period, he also transported the victim from Nevada to Massachusetts, and then to Rhode Island and New York, all to cause to the victim to engage in prostitution.
The charge of sex trafficking by force, fraud, or coercion carries a mandatory minimum sentence of 15 years in prison, with a maximum sentence of life in prison, at least five years of supervised release and a fine of up to $250,000. Each count of transporting a person to engage in prostitution provides a maximum sentence of 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Members of the public who have information regarding this case should call 888-221-6023, option 5.
United States Attorney Joshua S. Levy and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Valuable assistance was provided by the Cambridge Police Department and the Lowell Police Department. Assistant U.S. Attorney Brian A. Fogerty of the Human Trafficking & Civil Rights Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Founder of Iranian Company Arrested for Providing Material Support to the Islamic Revolutionary Guard Corps (IRGC), and for Scheme to Procure Sensitive U.S. Technology for Use in IRGC Military Drones, One of Which Killed Three U.S. ServicemembersRead the Press Release
Mahdi Mohammad Sadeghi, 42, a dual U.S.-Iranian national of Natick, Massachusetts, and Mohammad Abedininajafabadi, also known as Mohammad Abedini (Abedini), 38, of Tehran, Iran, have been charged with conspiring to export sophisticated electronic components from the United States to Iran in violation of U.S. export control and sanctions laws. Abedini is also charged with providing material support to a foreign terrorist organization (FTO), that resulted in the deaths of three U.S. service members who were killed by a one-way attack Unmanned Aerial Vehicle (UAV), also known as a drone, on a military base in Jordan.
Sadeghi was arrested and made his initial appearance today in the District of Massachusetts. Abedini was also arrested today in Italy by Italian authorities at the request of the United States.
“Today, the Justice Department has charged, and our foreign partners have taken into custody, Mohammad Abedini, who we allege supplied sensitive technology used by the Iranian military to kill three American servicemembers in Jordan earlier this year,” said Attorney General Merrick B. Garland. “In addition, we have charged and arrested Mahdi Mohammad Sadeghi, a dual U.S.-Iranian citizen, for conspiring with Abedini to export sensitive U.S. technology to Iran. Today’s arrests demonstrate that the Justice Department will hold accountable those who enable the Iranian regime to continue to target and kill Americans and undermine the national security of the United States.”
“Earlier this year, Iran-backed militias murdered three American soldiers and wounded dozens more in a brutal drone attack at the Tower 22 base in Jordan,” said Deputy Attorney General Lisa Monaco. “Today, working with our partners here and abroad, we have charged and arrested two men who conspired to evade U.S. sanctions and supply the Iranian government with the type of drone navigation technology used in that attack. Our message is unmistakable: if you provide support to the Iranian regime’s campaign of terror and violence targeting Americans – we will find you, arrest you, and hold you accountable in a U.S. court, no matter where you are.”
“This case reflects our commitment to pursuing those who unlawfully aid Iran’s military drone program and to seeking justice for the U.S. servicemembers killed at the hands of the IRGC-backed militants earlier this year,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Export laws exist to keep cutting-edge U.S. technology out of the hands of foreign terrorist organizations. When sensitive drone technology is supplied to the IRGC – as alleged in this case – it places our military at risk and imperils American citizens.”
“These defendants are charged with supplying sensitive technology to an Iranian company that develops technology the IRGC uses in its one-way attack drones to commit acts of terror around the world,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Department of Commerce Bureau of Industry and Security (BIS). “Export crimes are much more than just regulatory violations – they enable our adversaries to engage in numerous malign activities harmful to U.S. interests, including the sowing of terror worldwide.”
“The FBI will continue to aggressively use all of our authorities to investigate and arrest anyone who assists the Government of Iran in obtaining technology that can be used for deadly purposes,” said FBI Deputy Director Paul Abbate. “These perpetrators allegedly facilitated the transfer of electronic components to an Iranian company which one of them owned. According to the charges, the company owner then supplied the IRGC with drone technology that was used in various terrorist acts, including an attack on a U.S. military base in Jordan which killed three servicemembers and injured dozens more. Such acts are wholly unacceptable, and the FBI will work tirelessly with our partners to cut off illegal transfers of technology to foreign terrorists and other adversaries.”
“Holding culpable people accountable for the death and maiming of U.S. service men and women bravely serving our nation abroad is about as important a prosecution as there is. These allegations make clear the grievous harm that can result when highly sophisticated American technologies subject to export controls end up in the hands of our adversaries,” said U.S. Attorney Joshua S. Levy for the District of Massachusetts. “These criminal charges are the direct product of the dogged work of the FBI and the Department of Commerce, in close collaboration with DOJ lawyers, as part of the Disruptive Technologies Task Force launched in February 2023, and I commend their outstanding work.”
According to court documents, Abedini is the founder and managing director of an Iranian company, San’at Danesh Rahpooyan Aflak Co. (SDRA or SADRA), that manufactures navigation modules used in the IRGC’s military drone program. SDRA’s main business is the sale of a proprietary navigation system — known as the Sepehr Navigation System — to the IRGC, which the United States designated as an FTO on April 15, 2019. The primary application of SDRA’s Sepehr Navigation System is for use in UAVs, as well as cruise and ballistic missiles. Sadeghi is currently employed by a Massachusetts-based microelectronics manufacturer (U.S. Company 1) and was one of the founders of a Massachusetts-based technology company (U.S. Company 2) that specializes in wearable sensors that provide kinetic monitoring for fitness applications.
As alleged in court documents, Abedini, Sadeghi, and others conspired to evade U.S. export control and sanctions laws by procuring U.S. origin goods, services, and technology from, among others, U.S. Company 1 and causing those goods, services, and technology to be exported or otherwise supplied to Iran and, in particular, Abedini’s Iranian company, SDRA.
As further alleged, in or around 2016, Sadeghi traveled to Iran to request funding for U.S. Company 2 from the Iranian National Elites Foundation (INEF), which is an Iranian governmental organization whose main purpose is to recognize, organize, and support Iran’s elite national talents. In exchange for funding for U.S. Company 2, which Sadeghi’s company ultimately received from the INEF, Sadeghi and others created a second company in Iran (Iranian Company 1). Shortly after forming Iranian Company 1, Sadeghi, through Iranian Company 1, entered into a contract with SDRA for the purchase of SDRA’s technology. It is also alleged that, since in or around 2016, on multiple occasions, Sadeghi has helped Abedini procure U.S. export-controlled electronic components for Abedini’s use in Iran.
Due to U.S. laws restricting exports to Iran, Abedini established a Switzerland front company for SDRA, Illumove SA (Illumove). With Sadeghi’s assistance, Abedini, through Illumove, entered into a contract with U.S. Company 1 to develop a mechanism to evaluate U.S. Company 1’s electronic components, including sophisticated semiconductors. Sadeghi and Abedini subsequently caused U.S.-origin goods, services, and technology to be transferred to Iran, through Illumove, for the benefit of SDRA. Certain of the electronic components that Abedini obtained through Illumove were the same types of electronic components used in SDRA’s Sepehr Navigation System.
Abedini is also charged with providing material support to a foreign terrorist organization, the IRGC, specifically, the IRGC Aerospace Force, which is the strategic missile, air, and space force within the IRGC. Since at least in or about 2014, SDRA has had multiple projects with the IRGC Aerospace Force, including projects for guided rockets and integrated navigation systems. As alleged, between 2021 and 2022, approximately 99% of SDRA’s sales of the Sepehr Navigation System, which are used in IRGC one-way attack drones, were to the IRGC’s Aerospace Force.
On Jan. 28, three U.S. service members were killed, and more than forty others were injured, in a drone attack by IRGC-backed militants on a military base located in northern Jordan, known as Tower 22. According to court documents, FBI analysis of the drone that was recovered from the site of the attack showed that the drone was an Iranian Shahed UAV and that the navigation system used in the drone was the Sepehr Navigation System, which was manufactured by Abedini’s company, SDRA.
Sadeghi and Abedini were charged by criminal complaint with one count of conspiracy to violate the International Emergency Economics Powers Act, which carries a penalty of up to 20 years in prison, three years supervised release, and a fine of up to $1 million. Abedini was also charged with one count of conspiracy to provide material support to a Foreign Terrorist Organization, resulting in death, and one count of provision and attempted provision of material support to a Foreign Terrorist Organization, resulting in death, which carries a penalty of up to life in prison, lifetime supervised release, and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI, Department of the Army Criminal Investigation Division, and BIS are investigating the case.
U.S. Attorneys Jared Dolan and Alathea Porter for the District of Massachusetts, Trial Attorney Christina Clark of the National Security Division’s Counterintelligence and Export Control Section, and Trial Attorneys Katie Sweeten and David Smith of the National Security Division’s Counterterrorism Section are prosecuting the case. The Justice Department’s Office of International Affairs is providing assistance and is seeking extradition of Abedini from Italy.
This prosecution is being coordinated through the Disruptive Technology Strike Force, an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states. Under the leadership of the Assistant Attorney General for National Security and the Assistant Secretary of Commerce for Export Enforcement, the Strike Force leverages tools and authorities across the U.S. Government to enhance the criminal and administrative enforcement of export control laws.
A complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Founder of Iranian Company Arrested for Providing Material Support to the Islamic Revolutionary Guard Corps (IRGC), and for Scheme to Procure Sensitive U.S. Technology for Use in IRGC Military Drones, One of Which Killed Three U.S. ServicemembersRead the Press Release
BOSTON – Mahdi Mohammad Sadeghi, 42, a dual U.S.-Iranian national of Natick, Mass. and Mohammad Abedininajafabadi, A/K/A Mohammad Abedini (Abedini), 38, of Tehran, Iran, have been charged in federal court in Boston with conspiring to export sophisticated electronic components from the United States to Iran in violation of U.S. export control and sanctions laws. Abedini is also charged with providing material support to a foreign terrorist organization (FTO), IRGC, that resulted in the deaths of three U.S. servicemembers who were killed by a one-way attack Unmanned Aerial Vehicle (UAV), also known as a drone, on a military base in Jordan.
Sadeghi was arrested today and made his initial appearance in the District of Massachusetts. He was held pending a detention hearing scheduled for Dec. 27, 2024. Abedini was also arrested today in Italy by Italian authorities at the request of the United States.
According to court documents, Abedini is the founder and managing director of an Iranian company, San’at Danesh Rahpooyan Aflak Co. (SDRA or SADRA), that manufactures navigation modules used in the IRGC’s military drone program. SDRA’s main business is the sale of a proprietary navigation system—known as the Sepehr Navigation System—to the IRGC, which the United States designated as an FTO on April 15, 2019. The primary application of SDRA’s Sepehr Navigation System is for use in UAVs, as well as cruise and ballistic missiles. Sadeghi is currently employed by a Massachusetts-based microelectronics manufacturer (U.S. Company 1) and was one of the founders of a Massachusetts-based technology company (U.S. Company 2) that specializes in wearable sensors that provide kinetic monitoring for fitness applications.
As alleged in court documents, Abedini, Sadeghi, and others conspired to evade U.S. export control and sanctions laws by procuring U.S. origin goods, services, and technology from, among others, U.S. Company 1 and causing those goods, services, and technology to be exported or otherwise supplied to Iran and, in particular, Abedini’s Iranian company, SDRA.
As further alleged, in or around 2016, Sadeghi traveled to Iran to request funding for U.S. Company 2 from the Iranian National Elites Foundation (INEF), which is an Iranian governmental organization whose main purpose is to recognize, organize, and support Iran’s elite national talents. In exchange for funding for U.S. Company 2, which Sadeghi’s company ultimately received from the INEF, Sadeghi and others created a second company in Iran (Iranian Company 1). Shortly after forming Iranian Company 1, Sadeghi, through Iranian Company 1, entered into a contract with SDRA for the purchase of SDRA’s technology. It is also alleged that, since in or around 2016, on multiple occasions, Sadeghi has helped Abedini procure U.S. export-controlled electronic components for Abedini’s use in Iran.
Due to U.S. laws restricting exports to Iran, Abedini established a Switzerland front company for SDRA, Illumove SA (Illumove). With Sadeghi’s assistance, Abedini, through Illumove, entered into a contract with U.S. Company 1 to develop a mechanism to evaluate U.S. Company 1’s electronic components, including sophisticated semiconductors. Sadeghi and Abedini subsequently caused U.S.-origin goods, services, and technology to be transferred to Iran, through Illumove, for the benefit of SDRA. Certain of the electronic components that Abedini obtained through Illumove were the same types of electronic components used in SDRA’s Sepehr Navigation System.
“Today, the Justice Department has charged, and our foreign partners haven taken into custody, Mohammad Abedini, who we allege supplied sensitive technology used by the Iranian military to kill three American servicemembers in Jordan earlier this year,” said Attorney General Merrick B. Garland. “In addition, we have charged and arrested Mahdi Mohammad Sadeghi, a dual U.S.-Iranian citizen for conspiring with Abedini to export sensitive U.S. technology to Iran. Today’s arrests demonstrate that the Justice Department will hold accountable those who enable the Iranian regime to continue to target and kill Americans and undermine the national security of the United States.”
“Earlier this year, Iran-backed militias murdered three American soldiers and wounded dozens more in a brutal drone attack at the Tower 22 base in Jordan,” said Deputy Attorney General Lisa Monaco. “Today, working with our partners here and abroad, we have charged and arrested two men who conspired to evade U.S. sanctions and supply the Iranian government with the type of drone navigation technology used in that attack. Our message is unmistakable: if you provide support to the Iranian regime’s campaign of terror and violence targeting Americans – we will find you, arrest you, and hold you accountable in a U.S. court, no matter where you are.”
“Holding culpable people accountable for the death and maiming of U.S. service men and women bravely serving our nation abroad is about as important a prosecution as there is. These allegations make clear the grievous harm that can result when highly sophisticated American technologies subject to export controls end up in the hands of our adversaries,” said United States Attorney Joshua S. Levy. “These criminal charges are the direct product of the dogged work of the FBI and the Department of Commerce, in close collaboration with DOJ lawyers, as part of the Disruptive Technologies Task Force launched in February 2023, and I commend their outstanding work.”
“This case reflects our commitment to pursing those who unlawfully aid Iran’s military drone program and to seeking justice for the U.S. servicemembers killed at the hands of the IRGC-backed militants earlier this year,” said Assistant Attorney General Matthew G. Olsen of the Justice Department's National Security Division. “Export laws exist to keep cutting-edge U.S. technology out of the hands of foreign terrorist organizations. When sensitive drone technology is supplied to the IRGC – as alleged in this case – it places our military at risk and imperils American citizens.”
“These defendants are charged with supplying sensitive technology to an Iranian company that develops technology the IRGC uses in its one-way attack drones to commit acts of terror around the world,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod. “Export crimes are much more than just regulatory violations – they enable our adversaries to engage in numerous malign activities harmful to U.S. interests, including the sowing of terror worldwide.”
“The FBI will continue to aggressively use all of our authorities to investigate and arrest anyone who assists the Government of Iran in obtaining technology that can be used for deadly purposes,” said FBI Deputy Director Paul Abbate. “These perpetrators allegedly facilitated the transfer of electronic components to an Iranian company which one of them owned. According to the charges, the company owner then supplied the IRGC with drone technology that was used in various terrorist acts, including an attack on a U.S. military base in Jordan which killed three servicemembers and injured dozens more. Such acts are wholly unacceptable, and the FBI will work tirelessly with our partners to cut off illegal transfers of technology to foreign terrorists and other adversaries.”
“We believe these two men conspired to illegally procure sophisticated U.S. technology, made right here in Massachusetts, for one of the world’s most infamous state sponsors of terrorism – in an effort to help the Government of Iran strengthen its arsenal of weapons,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “With today’s arrests, the FBI has disrupted this Iranian procurement network that was directly involved in the horrific attack on Tower 22 where three U.S. soldiers were killed, and more than 40 others injured. This case demonstrates our ongoing commitment to bring to justice anyone who seeks to commit acts of terror against the United States and our allies.”
“The Office of Export Enforcement vigorously investigates violations of export controls to protect U.S. national security,” said Special Agent in Charge James Guanci of the U.S. Department of Commerce, Office of Export Enforcement, Boston Field Office. “The two defendants are charged with working on behalf of Iran and the IRGC to facilitate the illegal export of high-tech drone components that resulted in a deadly terrorist act targeting U.S. service members.”Abedini is also charged with providing material support to a foreign terrorist organization, the IRGC, specifically, the IRGC Aerospace Force, which is the strategic missile, air and space force within the IRGC. Since at least in or about 2014, SDRA has had multiple projects with the IRGC Aerospace Force, including projects for guided rockets and integrated navigation systems. As alleged, between 2021 and 2022, approximately 99% of SDRA’s sales of the Sepehr Navigation System, which are used in IRGC one-way attack drones, were to the IRGC’s Aerospace Force.
On Jan. 28, 2024, three U.S. service members were killed, and more than 40 others were injured, in a drone attack by IRGC-backed militants on a military base located in northern Jordan, known as Tower 22. According to court documents, analysis of the drone that was recovered from the site of the attack showed that the drone was an Iranian Shahed UAV and that the navigation system used in the drone was the Sepehr Navigation System, which was manufactured by Abedini’s company, SDRA.
Sadeghi and Abedini each face up to 20 years in prison, three years of supervised release and a fine of up to $1 million fine on the conspiracy to violate the International Emergency Economics Powers Act charge. On the conspiracy to provide material support to a Foreign Terrorist Organization, resulting in death charge and provision and attempted provision of material support to a Foreign Terrorist Organization, resulting in death, Abedini faces up to life in prison, up to a lifetime of supervised release and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Jared Dolan and Alathea Porter of the District of Massachusetts’ National Security Unit; Trial Attorney Christina Clark of the National Security Division’s Counterintelligence and Export Control Section; and Trial Attorneys Katie Sweeten and David Smith of the National Security Division’s Counterterrorism Section are prosecuting the case. The Justice Department’s Office of International Affairs is providing assistance and is seeking extradition of Abedini from Italy.
This prosecution is being coordinated through the Disruptive Technology Strike Force, an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states. Under the leadership of the Assistant Attorney General for National Security and the Assistant Secretary of Commerce for Export Enforcement, the Strike Force leverages tools and authorities across the U.S. Government to enhance the criminal and administrative enforcement of export control laws.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.Dominican Man Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Dominican pleaded guilty today in federal court in Boston for illegally reentering the United States after deportation.
Jose De La Rosa Rosario, 50, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for March 14, 2025. In October 2024, De La Rosa was indicted by a federal grand jury.
De La Rosa is a citizen of the Dominican Republic who entered the United States in 2006 through Puerto Rico using false identification. He was convicted of federal conspiracy and cocaine distribution charges in 2011. Following completion of his federal sentence, in July 2018, De La Rosa was removed from the United States and deported to the Dominican Republic pursuant to a court order. Thereafter, at an unknown time and place, he illegally reentered the United States without permission. In September 2024, De La Rosa was arrested on new state drug charges and later detained by U.S. Immigration and Customs Enforcement. A copy of his fingerprint from his removal document was compared to his fingerprint when he entered federal custody in September 2024 and they were identical to each other.
The charge of unlawful reentry of a deported alien provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Special Assistant U.S. Attorney James J. Nagelberg of the Major Crimes Unit is prosecuting the case.
United States Settles False Claims Act Allegations Against Pharmaceutical Distributor for Paying Kickbacks Through Inventory Management SystemsRead the Press Release
ASD Specialty Healthcare LLC (ASD), doing business as Besse Medical (Besse), has agreed to pay $1.67 million to resolve allegations that it violated the Anti-Kickback Statute and False Claims Act by providing inventory management systems to retina practices at no cost to induce them to purchase drugs from Besse. ASD, headquartered in Carrollton, Texas, distributes specialty medical and pharmaceutical products nationwide, including ophthalmological injections that treat neovascular age-related macular degeneration (wet AMD).
As part of the settlement agreement, ASD admits that it acquired a commercially available inventory management system, known as PODIS, in May 2017. Through November 2023, ASD offered PODIS at no cost to customers who met certain purchase requirements, including that they purchase branded Wet AMD drugs from ASD and convert to an ASD customer if not a current customer. The government alleges that ASD caused physicians to submit false claims to Medicare, TRICARE and the Department of Veterans Affairs induced by these kickbacks.
The Anti-Kickback Statute prohibits any person, including specialty medical and pharmaceutical suppliers, from offering or paying, directly or indirectly, any remuneration — which includes money or anything of value, such as free inventory management systems — to induce the purchase of a drug that Medicare pays for.
“According to the allegations in today’s settlement, ASD purchased a commercially available product and leveraged it to gain business in violation of the AKS,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will pursue kickbacks at all levels of the distribution chain to preserve the integrity of federal health care programs.”
“Pharmaceutical distributors cannot violate the law to gain a financial advantage,” said U.S. Attorney Joshua S. Levy for the District of Massachusetts. “Offering improper incentives to health care customers can increase health care costs and disadvantage competitors who are playing by the rules. Our office is committed to continue pursuing these investigations with our federal law enforcement partners.”
“Improper financial inducements can compromise medical judgement and threaten the integrity of the Medicare program,” said Special Agent in Charge Roberto Coviello of the U.S. Department of Health and Human Services Office of Inspector General. “We are committed to pursuing allegations of kickbacks and false claims as we work to protect the integrity of the taxpayer-funded Medicare program, and we encourage the public to come forward with information about such conduct.”
“Investigating schemes that undermine the integrity of TRICARE, the healthcare system for military members and their families, is a top priority for the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our partner agencies and the Justice Department to pursue those individuals and corporations that submit false claims to the TRICARE system.”
“Investigations such as these help safeguard the integrity of the healthcare industry marketplace and protect taxpayer funds,” said Special Agent in Charge Christopher Algieri of the Department of Veterans Affairs Office of Inspector General (VA OIG)’s Northeast Field Office. “The VA OIG thanks the Justice Department and our federal law enforcement partners for their collaboration in this joint investigation.”
The settlement resolves claims brought under the whistleblower or qui tam provisions of the FCA by Julianne Nunnelly and Matthew Shanks. Ms. Nunnelly and Mr. Shanks are former employees of Regeneron Pharmaceuticals Inc., which manufactures and sells a drug to treat wet AMD. Under the FCA, private parties may sue on behalf of the government for false claims for government funds and receive a share of any recovery. Mr. Shanks and Ms. Nunnelly will receive $250,705.20 from the proceeds of the settlement. The lawsuit is captioned United States ex rel. Nunnelly et al. v. Regeneron Pharmaceuticals, Inc. et al., No. 20-cv-11401-PBS (Dist. Mass.). The United States filed a complaint in intervention against Regeneron Pharmaceuticals, Inc., on March 28, that remains pending.
The investigation of this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys’ Offices for the District of Massachusetts, with assistance from the Department of Health and Human Services Office of Inspector General, FBI, DCIS, VA-OIG and the Office of Personnel Management Office of Inspector General.
The investigation and resolution of these matters illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
Trial Attorneys Douglas Rosenthal and Samuel Lehman of the Justice Department’s Civil Division and Assistant U.S. Attorneys Diane Seol and Lindsey Ross for the District of Massachusetts handled the matter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Suffolk County Corrections Officers Charged with COVID Unemployment and Loan FraudRead the Press Release
BOSTON – Two corrections officers employed by the Suffolk County Sherriff’s Department were arrested today for allegedly submitting fraudulent information in an effort to obtain loans through CARES Act programs like the Pandemic Unemployment Assistance (PUA) program and the Paycheck Protection Program (PPP).
Christnel Orisca, 25, of Boston, was indicted by a federal grand jury on five counts of wire fraud and one count of making a false statement to a financial institution, arising out of PUA, traditional Unemployment Insurance (UI) and PPP loan benefits obtained prior to his employment at the Suffolk County Sherriff’s Department. Jasmine Murphy, 38, also of Boston, was indicted on seven counts of wire fraud and one count of making a false statement to a financial institution, arising out of PUA and PPP loan benefits obtained prior to her employment at the Suffolk County Sherriff’s Department and UI benefits obtained prior to and during her employment there.
The defendants were arrested this morning and will appear in federal court in Boston at 1:30 PM and 1:45 PM today.
“This case highlights the critical importance of protecting taxpayer-funded programs like the CARES Act from fraud and abuse,” said United States Attorney Joshua S. Levy. “These defendants, who hold positions of public trust as corrections officers, are alleged to have knowingly exploited pandemic relief programs intended to support small businesses and unemployed workers during a time of unprecedented crisis. Such conduct not only undermines the integrity of these programs but also betrays the public’s trust. My office remains steadfast in holding accountable those who engage in such schemes and ensuring that federal relief funds are used for their intended purpose – helping those in genuine need.”
“An important part of the mission of the Office of Inspector General is to investigate allegations of fraud involving COVID-19 pandemic unemployment insurance programs. We will continue to work with our law enforcement partners to investigate these types of allegations,” said Special Agent-in-Charge Jonathan Mellone, U.S. Department of Labor, Office of Inspector General.
“Today’s arrest sends a clear message that those seeking to fraudulently receive benefits will be investigated and prosecuted. DHS OIG is grateful for our continued partnership with our law enforcement partners as we continue fighting corruption,” said Inspector General Joseph V. Cuffari, Ph.D., U.S. Department of Homeland Security, Office of Inspector General.
According to the charging document, Orisca has been a Corrections Officer with the Suffolk County Sherriff’s Department since late 2021. It is alleged that Orisca fraudulently applied for pandemic unemployment and small business loan benefits while working full-time, initially for a security company and later for a delivery company. While employed full-time, it is alleged that Orisca collected approximately $54,700 in unemployment benefits and small business loan funds.
According to the indictment, Murphy has been a Corrections Officer with the Suffolk County Sherriff’s Department since approximately January 2022. It is alleged that Murphy fraudulently applied for pandemic unemployment and small business loan benefits while working for trucking and workforce services companies. It is alleged that Murphy collected approximately $44,346 in unemployment benefits and small business loan funds to which she was not entitled.
In both of their PUA applications, it is alleged that Orisca and Murphy made fraudulent representations about their employment status and thereafter falsely claimed, on a weekly basis, that they did not work and did not receive any income during the prior week. In their PPP loan applications, it is alleged that Orisca and Murphy submitted false statements to SBA-approved lenders, including about the income and/or payroll of their purported small businesses, in order to obtain their loans. According to the charging documents, they also made false representations on forms submitted to request that their PPP loans be forgiven.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a $250,000 fine. The charge of making false statements to a financial institution provides for a sentence of up to 30 years in prison, five years of supervised release and a $1 million fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Levy, DOL-OIG SAC Mellone and DHS-OIG Inspector General Cuffari made the announcement today. The U.S. Postal Inspection Service, Boston Police Department and the Suffolk County Sheriff’s Department provided valuable assistance with the investigation. Assistant U.S. Attorneys Adam Deitch and Dustin Chao of the Public Corruption Unit are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
The details contained in the charging document are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rhode Island Man Sentenced to 10 Years in Prison for his Role in Wide-Ranging Fentanyl Trafficking Conspiracy that Spanned Across the CountryRead the Press Release
BOSTON – A Rhode Island man was sentenced in federal court in Boston for his role in a fentanyl trafficking organization involved in the manufacturing and distribution of fentanyl pills that spanned across Massachusetts, Rhode Island, New York, Texas and North and South Carolina.
Erik Ventura, 36, was sentenced by U.S. District Court Judge Leo T. Sorokin to 10 years in prison, to be followed by five years of supervised release. In May 2024, Ventura pleaded guilty to a superseding indictment charging him with conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl. In July 2024, Jasdrual Perez pleaded guilty and is scheduled to be sentenced on Dec. 16, 2024. Ventura and Perez were arrested and charged in February 2022 and have remained in custody since.
In September 2019, an investigation began into a drug trafficking organization (DTO) lead by Jasdrual Perez, based in Providence, Rhode Island, known to manufacture large quantities of fentanyl pills designed to appear like pharmaceutical grade oxycodone/Percocet pills and distribute them and other controlled substances throughout the United States. Ventura was a trusted member of the DTO and maintained one of the drug stash locations. Ventura transported cash and kilogram quantities of drugs to and from New York on behalf of the DTO, distributed thousands of fentanyl pills to wholesale customers in Massachusetts and was paid by the DTO for his work as a drug distributor. Ventura also distributed fentanyl and cocaine to his own customers, including one who suffered a non-fatal overdose at a DTO stash house where Ventura resided. In February 2022, two industrial grade pill presses, approximately 20 kilograms of powdered fentanyl, pressed fentanyl pills and other items, including kilograms of pill binder used in the large-scale manufacturing of clandestinely pressed fentanyl pills, were seized.
United States Attorney Joshua S. Levy; Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Jonathan Wlodyka, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Special assistance in the investigation was provided by the United States Attorney’s Office for the District of Rhode Island; the Federal Bureau of Investigation, Providence Resident Agency; the Drug Enforcement Administration, Providence Field Office; Rhode Island State Police; and the Cranston, Warwick and West Warwick Police Departments. Assistant U.S. Attorneys Lindsey E. Weinstein and Kunal Pasricha of the Narcotics & Money Laundering Unit are prosecuting the case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Revere Man Pleads Guilty to Ammunition Offense in Connection with Everett ShootingRead the Press Release
BOSTON – A Revere man pleaded guilty yesterday in federal court in Boston to illegally possessing ammunition in connection with a January shooting in a residential neighborhood of Everett.
Kenneth Munoz, 27, pleaded guilty to one count of being a felon in possession of ammunition. U.S. Senior District Court Judge William G. Young scheduled sentencing for April 9, 2025.
On the afternoon of Jan. 2, 2022, three individuals fired over 20 shots in an Everett neighborhood causing ballistic damage in the surrounding area, including bullet holes inside of bedrooms and living rooms in surrounding residences. The shooting was captured on video surveillance from nearby residences. Munoz was identified as one of the two shooters. Munoz is prohibited from possessing firearms and ammunition due to prior convictions.
The charge of being a felon in possession of ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Joshua S. Levy, James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, Everett Police Chief Paul Strong and Chelsea Police Chief Keith E. Houghton made the announcement. Assistant U.S. Attorney Sarah Hoefle of the Organized Crime & Gang Unit is prosecuting the case.
New York Man Sentenced to 69 Months in Prison for Hacking, Credit Card Trafficking and Money Laundering ConspiraciesRead the Press Release
BOSTON – A New York City man has been sentenced in federal court in Boston for conspiracies to engage in computer hacking, trafficking in stolen payment card numbers and money laundering.
Vitalii Antonenko, 32, was sentenced by United States District Judge William G. Young to time served plus 10 days (69 months and 18 days in prison) to be followed by three years of supervised release. The Court ordered Antonenko to pay approximately $1.8 million in restitution to a victim in the case. In September 2024, Antonenko pleaded guilty to one count of conspiracy to gain unauthorized access to computer networks and to traffic in unauthorized access devices, and one count of money laundering conspiracy. Antonenko was arrested and detained in March 2019 on money laundering charges at New York’s John F. Kennedy International Airport after he arrived there from Ukraine carrying computers and other digital media that held hundreds of thousands of stolen payment card numbers. He was indicted by a federal grand jury in May 2020.
Antonenko and co-conspirators scoured the internet for computer networks with security vulnerabilities that were likely to contain credit and debit card account numbers, expiration dates, and card verification values (Payment Card Data) and other personally identifiable information (PII). They used a hacking technique known as a “SQL injection attack” to access those networks without authorization, extracted Payment Card Data and other PII, and transferred it for sale on online criminal marketplaces. Once a co-conspirator sold the data, Antonenko and others used Bitcoin as well as traditional bank and cash transactions to launder the proceeds in order to disguise their nature, location, source, ownership and control. The conspiracy’s victims included a hospitality business and non-profit scientific research institution, both located in eastern Massachusetts.
United States Attorney Joshua S. Levy and Andrew Murphy, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement today. Assistant U.S. Attorney Seth B. Kosto, Chief of the Securities, Financial & Cyber Fraud Unit, prosecuted the case.
Justice Department Announces Resolution of Criminal and Civil Investigations into McKinsey & Company’s Work with Purdue Pharma L.P.; Former McKinsey Senior Partner Charged with Obstruction of JusticeRead the Press Release
McKinsey & Company Inc. (McKinsey), a global management consulting firm based in New York, has agreed to pay $650 million to resolve a criminal and civil investigation into the firm’s consulting work with opioids manufacturer Purdue Pharma L.P. (Purdue). The resolution pertains to McKinsey’s advice to Purdue concerning the sales and marketing of Purdue’s extended-release opioid drug, OxyContin, including a 2013 engagement in which McKinsey advised on steps to “turbocharge” sales of OxyContin.
Today’s resolution marks the first time a management consulting firm has been held criminally responsible for advice resulting in the commission of a crime by a client and reflects the Justice Department’s ongoing efforts to hold actors accountable for their roles in the opioid crisis. The resolution is also the largest civil recovery for such conduct.
Additionally, a former McKinsey senior partner who worked on Purdue matters has been charged with obstruction of justice in federal court in Abingdon, Virginia. Martin E. Elling, 60, a U.S. citizen currently residing in Bangkok, Thailand, has been charged with one count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department. Elling has agreed to plead guilty and is expected to appear in federal court in Abingdon to enter his plea and for sentencing at later dates.
As part of the government’s resolution with McKinsey, the company has entered into a five-year deferred prosecution agreement (DPA) (part one and part two) in connection with a criminal Information filed in U.S. District Court for the Western District of Virginia against McKinsey’s U.S. subsidiary (McKinsey & Company Inc. United States, “McKinsey U.S.”). The information charges McKinsey U.S. with one felony count of knowingly destroying records, documents and tangible objects with the intent to impede, obstruct, and influence the investigation and proper administration of a matter within the jurisdiction of the Justice Department; and one misdemeanor count of knowingly and intentionally conspiring with Purdue and others to aid and abet the misbranding of prescription drugs, held for sale after shipment in interstate commerce, without valid prescriptions.
McKinsey has agreed to pay a penalty of over $231 million, a forfeiture amount of over $93 million (reflecting all money it was paid by Purdue from 2004 to 2019) and a payment of $2 million to the Virginia Medicaid Fraud Control Unit to resolve the criminal allegations. McKinsey also has entered into a civil settlement agreement in which it will pay over $323 million to resolve its liability under the False Claims Act for allegedly providing advice to Purdue Pharma L.P. that caused the submission of false and fraudulent claims to federal healthcare programs for medically unnecessary prescriptions of OxyContin, as well as allegedly failing to disclose to the U.S. Food and Drug Administration (FDA) conflicts of interest arising from McKinsey US’s concurrent work for Purdue and the FDA. This brings the total payments under the global resolution to $650 million.
Today’s filing includes a 71-page Agreed Statement of Facts, which provides a detailed account of McKinsey’s work with Purdue relating to OxyContin. As part of the resolution, McKinsey has agreed to implement a significant compliance program, including a system of policies and procedures designed to identify and assess high-risk client engagements. As part of this compliance program, McKinsey will implement new document retention procedures and training for all partners, officers and employees who provide or implement advice to clients. This compliance program is in addition to the provisions negotiated between McKinsey and the Department in a concurrent resolution with McKinsey & Company Africa that was announced on Thursday, Dec. 5.
McKinsey has also agreed that it will not do any work related to the marketing, sale, promotion or distribution of controlled substances during the five-year term of the DPA. The resolution requires McKinsey’s Managing Partner to certify, on an annual basis, the firm’s compliance with its obligations under the DPA and federal law.
“This global resolution shows the department’s commitment to holding accountable those who played key roles in fueling the opioid crisis,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Consulting companies cannot advise their clients to break the law, and then skirt responsibility when their clients do so.”
“For the first time in history, the Justice Department is holding a management consulting firm and one of its senior executives criminally responsible for the sales and marketing advice it gave resulting in the commission of crime by a client,” said U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia. “This ground-breaking resolution demonstrates the Justice Department’s ongoing commitment to hold accountable those companies and individuals who profited from our Nation’s opioid crisis.”
“McKinsey schemed with Purdue Pharma to ‘turbocharge’ OxyContin sales during a raging opioid epidemic — an epidemic that continues to decimate families and communities across the nation. Today’s groundbreaking resolution makes clear our office’s commitment to holding powerful companies accountable for their part in the opioid epidemic, even if they did not make, sell, or dispense the drugs,” said U.S. Attorney Joshua Levy for the District of Massachusetts. “Consulting firms like McKinsey should get the message: if the advice you give to companies in boardrooms and PowerPoint presentations aids and abets criminal activity, we will come after you and we will expose the truth.”
“No amount of money can make-up for the devastating impact and heartbreaking loss of life the opioid crisis has inflicted on the people of Massachusetts, and our country. But today’s settlement is a sobering reminder that if you try to capitalize on a crisis by putting profits over patient safety — and then try to obstruct a federal investigation — you will pay a hefty price,” said Special Agent in Charge Jodi Cohen of the FBI Boston Field Office. “McKinsey is now being held criminally and financially accountable for devising an aggressive marketing strategy that was in reality a roadmap to boost sales of highly addictive opioids. Their actions resulted in powerful prescription painkillers being used in an unsafe, ineffective, and medically unnecessary manner. As both health care consumers, and taxpayers, this type of fraud negatively impacts all of us.”
“McKinsey’s management consulting work with Purdue Pharmaceuticals significantly contributed to a devastating public health crisis affecting American families and communities nationwide,” said Inspector General Christi A. Grimm of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to holding accountable those who violate the law and put the public at risk, including health care consultants who are complicit in fraudulent schemes.”
“Aiding and abetting in the potential misbranding and illegal distribution of controlled substances poses a danger to U.S. consumers,” said Special Agent in Charge George A. Scavdis of the FDA Office of Criminal Investigations Metro Washington Field Office. We will continue to investigate and bring to justice companies whose actions put profits over patient safety.”
“Today’s resolution holds this defendant accountable for its role in the aggressive marketing and promotion of opioids. Their actions led to medically unnecessary opioid prescriptions, which compromised the integrity of VA’s healthcare system that cares for our nation’s veterans,” said Department of Veterans Affairs (VA) Inspector General Michael J. Missal. “We thank our law enforcement partners for their diligent work in bringing this case to closure.”
“It shocks the conscience that a major consulting corporation would actively seek to increase the submission of fraudulent claims for medically unnecessarily opioid prescriptions in the midst of the opioid crisis,” said Inspector General Krista A. Boyd of the U.S. Office of Personnel Management Office of the Inspector General. “The outstanding efforts of our law enforcement partners and colleagues at the Department of Justice led to this ground-breaking result. We must hold accountable those who prey upon the most vulnerable Americans in the name of increased profits.”
As described in the DPA, McKinsey received credit for its cooperation with the United States in connection with the criminal investigation, including providing updates regarding information obtained through is internal investigation; highlighting documents of interest in voluminous productions; and facilitating interviews. McKinsey also engaged in extensive remedial measures, including voluntarily stopping all work in 2019 on any opioid-specific business issues; terminating two senior partners, including Elling, who communicated about deleting opioid-related documents concerning Purdue; hiring a new chief legal officer and chief ethics and compliance officer; significantly enhancing its new client selection framework; and deploying a formalized diligence review and intake process for all clients. McKinsey has agreed to continue to cooperate with the United States.
McKinsey’s Criminal Liability for Misbranding
The criminal misbranding charge was based on McKinsey’s advice to Purdue Pharma L.P. as set forth in the Agreed Statement of Facts filed today. Between 2004 and 2019, McKinsey contracted with Purdue on 75 different engagements in the United States. In 2007, a Purdue affiliate pleaded guilty to misbranding OxyContin, from 1996 through 2001, by falsely marketing it as less addictive, less subject to abuse and diversion, and less likely to cause dependence and withdrawal than other pain medications, and Purdue entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. After the 2007 guilty plea, McKinsey partners maintained close contact with Purdue, and in 2009, worked with Purdue to enhance “brand loyalty” for OxyContin and protect market share. In 2010 McKinsey worked with Purdue to obtain FDA approval for a version of OxyContin that was reformulated with abuse-deterrent properties. Following the introduction of reformulated OxyContin in August 2010, OxyContin sales immediately began to decline. Purdue studied the drivers for this decline and attributed it, in large part, to a drop in prescriptions for individuals abusing OxyContin and increases in regulatory safeguards intended to hinder medically unnecessary prescribing of OxyContin.
In May 2013, Purdue retained McKinsey to conduct a rapid assessment of the underlying drivers of OxyContin performance, identify key opportunities to increase near-term OxyContin revenue and develop plans to capture priority opportunities. This 2013 effort was called Evolve to Excellence, or “E2E,” and included McKinsey advising Purdue on how to “turbocharge” the sales pipeline for OxyContin by, among other strategies, intensifying marketing to High Value Prescribers, included prescribers who were writing opioid prescriptions for uses that were unsafe, ineffective, and medically unnecessary. McKinsey consultants spoke with Purdue about the concerns and increasing reluctance of pharmacists and pharmacy chains to fill prescriptions for OxyContin as abuse of the drug rose. McKinsey consultants also went on several “ride-alongs” with Purdue sales representatives in the field, as these sales representatives called on prescribers and pharmacists. In notes about one of these ride-alongs, a McKinsey consultant wrote, in part, “Pharmacist; [had] a gun and was shaking; abuse is definitely a huge issue[.]”
In August 2013, McKinsey partners met with certain members of the Purdue Board of Directors (members of the family that controlled Purdue) to present McKinsey’s findings and proposal; as one McKinsey partner reported afterwards, “[b]y the end of the meeting the findings were crystal clear to everyone and they gave a ringing endorsement of ‘moving forward fast.’” McKinsey also described for Purdue the financial value at stake: “hundreds of millions, not tens of millions.”
For Purdue and McKinsey, E2E was a financial success. Their targeting of High Value Prescribers slowed OxyContin’s declining sales and kept Purdue’s profits flowing at the expense of public health. After the conclusion of McKinsey’s work for Purdue on E2E, McKinsey performed additional work with Purdue that also sought to maximize OxyContin sales by further targeting sales efforts to High Value Prescribers.
Obstruction of Justice by Former McKinsey Senior Partner
According to the charging documents filed today, Elling served as the Director of the client services team for approximately 30 of McKinsey’s engagements with Purdue. He had a senior, relationship-focused role with respect to the E2E engagement and was involved in securing the engagement for McKinsey. On July 4, 2018, Elling allegedly emailed another senior partner: “Just saw in the FT that [Purdue board member] is being sued by states attorneys general for her role on the [Purdue] Board. It probably makes sense to have a quick conversation with the risk committee to see if we should be doing anything other [than] eliminating all our documents and emails. Suspect not but as things get tougher there someone might turn to us.” According to court documents, forensic analysis of Elling’s McKinsey-issued laptop found that Elling in fact removed materials related to McKinsey’s work for Purdue from the laptop, as well as a Purdue-related folder from his Outlook email account.
Elling faces a maximum penalty of 20 years in prison, three years of supervised release and a fine up to $250,000 for the obstruction of justice charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
False Claims to Federal Healthcare Programs
The department’s civil False Claims Act settlement resolves allegations that, from 2013 to 2014, McKinsey US, by advising Purdue to turbocharge OxyContin marketing to High Value Prescribers, some of whom were already prescribing very large quantities of OxyContin, as a means to increase OxyContin sales, and despite its awareness of the opioid crises, thereby knowingly caused false and fraudulent claims for OxyContin to be submitted to Medicare, Medicaid, TRICARE, the Federal Employees Health Benefit Program and the Veterans Health Administration.
Along with the civil settlement, McKinsey US entered into a five-year Corporate Integrity Agreement with HHS-OIG. The CIA, HHS-OIG’s first with a management consulting firm, contains novel obligations regarding risk assessment and quality control. First, the CIA requires McKinsey’s Compliance Committee to establish a robust risk evaluation process, evaluating engagement risks and providing quality oversight for certain client deliverables. Second, it requires McKinsey to establish a Quality Review Program to assess the quality of McKinsey’s advice to certain life sciences and health care clients with the dual goals of ensuring that McKinsey complies with applicable laws and does not provide or assist clients with plans, advice, or strategies that violate the law. HHS-OIG will select an independent Compliance Expert to review McKinsey’s systems and processes under the Quality Review Program and to review a sample of McKinsey client engagements, including the advice provided to those clients.
False Claims to FDA
The department’s civil False Claims Act settlement also resolves allegations that, from 2014 to 2017, McKinsey US knowingly misled the FDA by assigning consultants to concurrently work on both FDA projects and competitively sensitive Purdue projects, contrary to McKinsey US’ conflict of interest policy. While soliciting a contract from the FDA, McKinsey US represented to the FDA that it had a conflict-of-interest policy in which its consultants serving the FDA would not be assigned to a competitively sensitive project for a significant period of time following an assignment for FDA. The FDA then awarded McKinsey US the first in a series of contracts on a project relating to the monitoring of the safety of FDA-regulated products. McKinsey US admitted that it did not inform the FDA that its consultants worked on the Purdue projects around the same time those consultants also worked on the FDA project.
Assistant U.S. Attorney Randy Ramseyer for the Western District of Virginia; Assistant U.S. Attorneys Amanda P. Masselam Strachan and William B. Brady for the District of Massachusetts; Senior Trial Counsel Kristen M. Echemendia of the Civil Division’s Commercial Litigation Branch, Fraud Section; Trial Attorneys Jessica Harvey and Steven R. Scott of the Civil Division’s Consumer Protection Branch; and Special Assistant U.S. Attorneys and Assistant Attorneys General Kristin Gray and Kimberly Bolton of the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit are prosecuting the criminal case against Elling and McKinsey.
The civil resolution was handled by Senior Trial Counsel Christopher Terranova of the Civil Division’s Commercial Litigation Branch, Fraud Section. The FDA Office of Criminal Investigations, FBI and Offices of the Inspector General of the Department of Health and Human Services, Department of Veterans Affairs and Office of Personnel Management investigated the case, with assistance from the Department of Justice’s Computer Crimes and Intellectual Property Section Cybercrime Lab.
The details contained in the charging documents and civil resolution are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.