District of Massachusetts
Press releases recorded for this federal judicial district.
United States Files False Claims Act Complaint Against Bournewood Health Systems and First Psychiatric PlannersRead the Press Release
BOSTON – The United States Attorney’s Office has filed a complaint against Brookline-based Bournewood Health Systems and First Psychiatric Planners (FPP) for allegedly paying kickbacks in the form of free sober housing to induce patients to choose Bournewood and FPP over other treatment facilities.
The United States Attorney’s Office filed the complaint under the False Claims Act and the Anti-Kickback Statute against Bournewood Health Systems and FPP, together doing business as Bournewood. The Massachusetts Attorney General’s Office has also joined the complaint under the Massachusetts False Claims Act and other state laws.
It is alleged that Bournewood and FPP paid kickbacks in the form of free sober housing to induce substance use recovery patients to choose and attend Bournewood’s and FPP’s Partial Hospital Program, over a myriad of other treatment options and facilities, in violation of the federal Anti-Kickback Statute, the federal False Claims Act, the Massachusetts Anti-Kickback Statute and the Massachusetts False Claims Act. The governments contend that Bournewood and FPP paid the kickbacks to sustain and grow their daily patient census and increase the amount of reimbursement received from insurers, including federal healthcare programs, for the provision of partial hospital program treatment services.
It is further alleged that Bournewood and FPP contracted to send patients to certain sober homes to support their revenues, even when they knew that some of the sober homes were unsafe and threatened patients’ sobriety. Patients expressed to Bournewood and FPP, and Bournewood and FPP were otherwise aware of, concerns regarding sexual solicitation and harassment, drug overdoses, prescription medication theft, bed bugs and overcrowding.
The Anti-Kickback Statute prohibits providers from offering or paying, directly or indirectly, any remuneration—which includes money or other things of value—to induce Medicare and Medicaid patients to select the provider’s services. The governments do not contend that any substance use patient knowingly accepted the defendants’ kickbacks.
“The government’s complaint today alleges that Bournewood and FPP paid illegal kickbacks to induce vulnerable patients to drive business to their sober home operations,” said Joshua S. Levy, Acting United States Attorney for the District of Massachusetts. “This kickback scheme negatively impacted the Medicare and Medicaid programs financially, and more importantly it jeopardized patients’ health at a vulnerable time in their recovery.”
“Kickbacks can adversely influence the medical decision-making process,” said Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General. “Together with our federal and state law enforcement partners, we remain committed to investigating allegations of improper arrangements that can put patient safety at risk.”
“Massachusetts is no place to take advantage of vulnerable populations, especially those suffering from substance use disorder,” said Attorney General Andrea Joy Campbell. “These entities referred patients to certain unsafe sober homes and jeopardized their healing to support their own revenue. By taking action, my office and the USAO are reaffirming our commitment to ensure those seeking help have access to treatment and a safe path to recovery.”
The government’s investigation was prompted by False Claims Act allegations brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act.
Acting U.S. Attorney Levy, HHS-OIG SAC Coviello and Attorney General Campbell made the announcement today. This matter is being handled by Assistant U.S. Attorneys Steven Sharobem and Julien Mundele of the Affirmative Enforcement Unit; Assistant United States Attorneys Gregory Dorchak and Anuj Kheturpal of the Civil Rights Unit; and Assistant Attorney General Katie Cooper Davis of the Massachusetts Attorney General’s Office’s Medicaid Fraud Division.
Serial Bank Robber from Fall River Sentenced to Nearly Five Years in PrisonRead the Press Release
BOSTON – A Fall River man was sentenced today in federal court in Boston for robbing four separate banks in Massachusetts within a five-day period and attempting to rob a fifth bank.
William Sequeira, 60, was sentenced by U.S. District Court Judge Patti B. Saris to 54 months in prison and three years of supervised release. On June 22, 2023, Sequeira pleaded guilty to four counts of bank robbery and one count of attempted bank robbery.
Between Sept. 26, 2022 and Sept. 30, 2022, Sequeira robbed four separate banks in the Fall River and Boston areas. On Sept. 26, 2022 at approximately 1:52 p.m., Sequeira entered the Stop & Shop on Rodman Street in Fall River. There, he approached the Citizens Bank counter and demanded money stating, “listen, this is what's gonna happen, I have a gun and I'll put it against your forehead.” On Sept. 27, 2022 at approximately 2:35 p.m., Sequeira entered the Santander Bank on located on Berkley Street in Boston and threatened to shoot the employees. Specifically, he ran up to a teller and stated, “give me a $100 bill or I’ll put a bullet in your head.” Sequeira did not present a firearm.
The next day, on Sept. 28, 2022 at approximately 4:01 p.m., Sequeira entered the M&T Bank located on Boylston Street in Boston, approached a teller and stated, “I'm going to put a gun to your head if you don't give me the $100 bills.” On Sept. 30, 2022 at approximately 3:15 p.m., Sequeira entered the TD Bank located on Union Street in Boston. There, he told the teller, “give me all the $100s in the drawer,” and “give me all the money before I blow your brains out,” before fleeing on foot with money from the teller.
An investigation by law enforcement led to the identification of Sequeira as the suspect in each of the robberies. As a result, on Oct. 5, 2022, upon being informed that Sequeira was on a train enroute to Boston, law enforcement conducted surveillance in the Back Bay area suspecting that Sequeira was planning another robbery. Sequeira was subsequently spotted entering the Citizens Bank located on Boylston Street in Boston. There, he approached the teller, said “Give me hundreds,” and threatened to shoot the teller if they did not move fast enough. Sequeira was immediately apprehended.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Boston Police Commissioner Michael Cox made the announcement. Valuable assistance was provided by the Fall River Police Department and the Suffolk County District Attorney’s Office. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit prosecuted the case.
Owner of Temporary Employment Agency Sentenced for Tax Fraud and Workers Compensation Insurance SchemeRead the Press Release
BOSTON – A Dorchester woman was sentenced today in federal court in Boston for tax and fraud offenses in connection with her operation of a temporary employment agency.
Dam Ngoc Luong, 70, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year and one day in prison and three years of supervised release. Luong was also ordered to pay $3,993,169 in restitution to IRS and $155,870 in restitution to Traveler’s Insurance Co. On April 18, 2023, Luong pleaded guilty to two counts of filing false corporate and individual tax returns, three counts of failure to collect and pay over employee taxes and one count of mail fraud.
From at least 2015 through 2019, Luong owned and operated Four Seasons Temp, Inc., an agency providing temporary workers for client businesses. A temporary employment agency is responsible for paying wages to the employees, processing employee payroll, collecting and paying all employee payroll taxes and maintaining workers’ compensation insurance to protect employees who suffer work-related injuries. The agency collects payments from the client businesses to cover the agency’s expenses and a profit for the agency.When collecting payments from business clients of her temporary employment agency, however, Luong cashed most checks rather than deposit the funds into her business account. Then, on annual corporate tax returns, Luong reported to the IRS only the amounts deposited to the business account and failed to pay federal taxes on more than $14 million of the company’s income. Additionally, because Luong created Four Seasons as an S-corporation, the net business income and expenses flowed through to her Form 1040 individual tax returns. As a result, Luong failed to report more than $3 million in pass-through income and failed to pay $885,000 in personal income taxes.
As the owner of the company, Luong also had an obligation to withhold taxes from wages paid to the employees. Despite this obligation, Luong paid more than $12 million of employee wages in cash “under the table.” She failed to withhold taxes from the cash wages and failed to pay more than $3 million in employment taxes she owed to the IRS.
Finally, Luong defrauded the insurance carrier she engaged to provide workers’ compensation insurance coverage for employees, by concealing the cash wages paid to her employees. By concealing the wages she paid, Luong paid lower workers’ compensation insurance premiums and defrauded the insurance carrier of $155,000 in premiums she should have paid.
Acting United States Attorney Joshua S. Levy and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Victor A. Wild of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
Mexican Man Charged with Illegal ReentryRead the Press Release
BOSTON – A Mexican man has been charged with illegally reentering the United States after deportation.
Ramon Alfaro-Orona, 38, was charged with one count of unlawful reentry of a deported alien. Following an initial appearance in federal court in Boston this afternoon, Alfaro-Orona was detained pending a hearing scheduled for Sept. 19, 2023 at noon.
According to the charging documents, Alfaro-Orona was deported from the United States on eight prior occasions, with the most recent being Sept. 30, 2014. It is alleged that sometime after his September 2014 removal, Alfaro-Orona unlawfully reentered the United States. On Aug. 23, 2023, Alfaro-Orona was taken into custody by immigration authorities following his arraignment in Leominster District Court for three counts of larceny by check over $1,200.
Alfaro-Orona was convicted for unlawful reentry on two prior occasions in November 2013 and March 2014.
The charge of unlawful reentry of a deported alien provides for a sentence of up to 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.
Acting 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.
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.
Convicted Felon Charged with Fentanyl Distribution Following His Release from PrisonRead the Press Release
BOSTON – A previously convicted felon has been charged with allegedly contacting a law enforcement officer – whom he believed was a drug customer – to coordinate a drug deal after being released from state prison.
Ruben Depina, 23, of Rockland, was charged with one count of possession with intent to distribute fentanyl.
According to the charging documents, in May 2023, a law enforcement officer – who previously worked in an undercover capacity – allegedly received a call from Depina who introduced himself as “Jake.” Depina allegedly told the officer that he recently got out of jail and was contacting his best customers because he was selling drugs again. On or about May 16, 2023, Depina allegedly sold at least 40 grams of fentanyl to a cooperating witness during a controlled purchase.
Weeks later, on June 11, 2023, local law enforcement allegedly observed the same vehicle Depina had used to participate in the controlled purchase speeding in East Bridgewater. It is alleged that the vehicle sped off after being stopped by law enforcement. While being pursued Depina’s vehicle collided with a van at an intersection.
It is alleged that, when law enforcement approached the vehicle, Depina was observed reaching towards the passenger side floor before complying with instructions to show his hands. Depina was immediately removed through the passenger side window and arrested. During a search of Depina’s vehicle, a loaded firearm, multiple cellphones, a digital scale and a satchel containing at least 20 grams of cocaine base were allegedly recovered.
The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 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 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 Plymouth County District Attorney’s Office; the Massachusetts State Police; the Suffolk, Plymouth and Bristol County Sheriff's Departments; and the Boston, Brockton, Bridgewater, East Bridgewater, Rockland and Westport Police Departments. Assistant U.S. Attorney Kaitlin R. O’Donnell of the Organized Crime & Gang 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.
Brockton Man Under Indictment Arrested for Illegally Receiving a Firearm and Distributing FentanylRead the Press Release
BOSTON – A Brockton man currently under indictment for state charges, was arrested yesterday and charged in U.S. District Court for firearm and fentanyl distribution offenses.
Antonio Denziah Fernandes, 22, was indicted on one count of illegally receiving a firearm while under indictment and two counts of distributing and possessing with intent to distribute 40 grams or more of fentanyl. Following an initial appearance in federal court in Boston yesterday, Fernandes was detained pending a hearing set for Sept. 19, 2023.
According to the indictment, in January 2022, while under indictment in state court for trafficking more than 10 grams of fentanyl, Fernandes allegedly received a Glock Model 48, 9mm pistol. Additionally, in January and February 2022, Fernandes is alleged to have distributed and possessed with intent to distribute 40 grams or more of fentanyl.
The charge of illegally receiving a firearm while under indictment provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charges of distributing and possessing with intent to distribute 40 grams or more of fentanyl each provide for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy 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 Cape and Islands District Attorney’s Office; the Plymouth County District Attorney’s Office; and the Brockton, Taunton, Whitman, West Bridgewater, East Bridgewater, Bridgewater and Bridgewater State University Police Departments. Assistant United States Attorney Meghan C. Cleary of the Major Crimes 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 violent crime and gun violence, 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.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Owner of Construction Company Agrees to Plead Guilty to Tax EvasionRead the Press Release
BOSTON – The owner of a construction company doing business on the South Shore, Cape Cod, and in Rhode Island has been charged and has agreed to plead guilty to a multi-year tax evasion and cash payroll scheme.
Christopher Pomavilla Minchala, 31, of New Bedford, has agreed to plead guilty to one count of tax evasion and one count of failure to pay over taxes. A plea hearing has not yet been scheduled by the Court.
According to the charging document, from 2017 to 2021, Pomavilla, the owner of Rossy Construction Corporation based in New Bedford, cashed customer checks and did not deposit the receipts in his business bank accounts. Pomavilla allegedly hid from his tax preparer that he was cashing large numbers of checks from customers. By hiding his income in this manner, Pomavilla underreported income from the business on his tax returns, resulting in his failure to pay more than $1.1 million in federal income taxes he owed for the tax years 2017 to 2021. Pomavilla also allegedly ran an unlawful cash payroll, paying Rossy employees in cash while failing to pay over to the IRS more than $670,000 in payroll taxes.
Acting United States Attorney Joshua S. Levy and Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. The Insurance Fraud Bureau of Massachusetts and the United States Department of Labor, Criminal Investigations Team provided valuable assistance in this matter. Assistant U.S. Attorney Ian J. Stearns of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.Newton Man Pleads Guilty to Cocaine Distribution and Unlawfully Possessing Firearm and AmmunitionRead the Press Release
BOSTON – A previously convicted felon residing in Newton, Mass. pleaded guilty today in federal court in Boston to cocaine distribution and firearm offenses.
Shawn Craig, 38, pleaded guilty to three counts of possession with intent to distribute and distribution of cocaine and one count of possession of a firearm and ammunition as a convicted felon. U.S. District Court Judge Patti B. Saris scheduled sentencing for Dec. 18, 2023. Craig was charged in January 2022.
Craig coordinated three drug transactions with an undercover agent between September and October 2022. Craig met with the undercover agent near his Newton residence on three separate occasions – Sept. 12, Oct. 20 and Oct. 26, 2022 – to conduct the deals, during which Craig provided cocaine in exchange for cash. Prior to the third meeting, on Oct. 26, 2022, Craig sent an image of a firearm to the undercover agent and indicated that he could sell it to the agent. During the subsequent meeting, Craig provided the undercover agent with a firearm, ammunition and a quantity of cocaine.
At the time of the conduct, Craig was on federal supervised release for a 2014 federal conviction for possessing a stolen firearm and possessing a firearm with an obliterated serial number. Craig was sentenced to seven years in prison and three years of supervised release in that case.
Acting United States Attorney Joshua S. Levy; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; Middlesex District Attorney Marian Ryan; and Newton Police Chief John F. Carmichael Jr. made the announcement today. Valuable assistance was provided by the U.S. Probation Office. Assistant U.S. Attorney Kaitlin R. O’Donnell of the Organized Crime & Gang Unit is prosecuting the case.
Ludlow Man Sentenced to Seven Years in Prison for Distributing Child PornographyRead the Press Release
BOSTON – A Ludlow man was sentenced today in federal court in Springfield for sharing child sexual abuse material with an undercover agent and others online.
Robert Avrett, 42, was sentenced by U.S. District Court Judge Mark G. Mastroianni to seven years in prison and five years of supervised release. In March 2023, Avrett pleaded guilty to distribution and possession of child pornography.
Avrett was identified as the owner of a Kik messenger account that shared numerous videos containing child sexual abuse material (CSAM) to an undercover law enforcement agent. The CSAM Avrett distributed depicted the sexual exploitation of minor victims as young as approximately three-years-old. During search of Avrett’s residence on Nov. 21, 2022, Avrett admitted that he was the operator of the Kik messenger account and that he used the account to share and receive CSAM.
Acting 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. Assistant U.S. Attorney Catherine G. Curley of the Springfield Branch Office prosecuted 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.
Dominican Man Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Dominican man pleaded guilty yesterday in federal court in Boston to illegally reentering the United States after deportation.
Manny Bautista-Arias, 31, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Oct. 26, 2023. Bautista-Arias was indicted by a federal grand jury in July 2023.
Bautista-Arias was removed from the United States in September 2017 after being convicted of possession of a controlled drug with intent to sell in New Hampshire. Sometime after his removal, Bautista-Arias unlawfully returned to the United States. In November 2018, Bautista-Arias was removed from the United States again following an illegal reentry conviction in the Northern District of Georgia.
Bautista-Arias unlawfully reentered the United States for a second time and in November 2022, he was arrested in Quincy for trafficking cocaine, possession to distribute methamphetamine, trafficking fentanyl and conspiracy to violate the controlled substance act. He was subsequently transferred into the custody of immigration authorities in June 2023.
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.
Acting 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 Meghan C. Cleary of the Major Crimes Unit is prosecuting the case.
Canton Man Convicted of Sex Trafficking a MinorRead the Press Release
BOSTON – A Canton man was convicted today by a federal jury in Boston of sex trafficking a minor who had been reported missing.
Keion Rowell, 24, was convicted following a four-day jury trial of one count of sex trafficking of a child. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Dec. 11, 2023. Rowell was arrested and charged by criminal complaint in April 2022 and subsequently indicted by a federal grand jury in May 2022.
“Justice was delivered today. Mr. Rowell preyed on a vulnerable 15-year-old girl, grooming her and then trafficking her and pocketing the money. This conduct is despicable and has no place in a civilized society. This prosecution should send an unmistakable message that this office and our law enforcement partners are dedicating all the resources needed to make sure predators like Mr. Rowell will face the full weight of the law,” said Acting United States Attorney Joshua S. Levy. “Sex trafficking causes immeasurable physical and long-term emotional suffering, and this office will continue to work tirelessly to seek justice for the brave survivors.”
“Keion Rowell forced a 15-year-old child into sexual servitude, for his own greed and financial gain,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “While FBI Boston’s Child Exploitation – Human Trafficking Task Force can’t erase the harm he’s done, we’ve made him answer for it. We thank the jury for bringing justice for his victim and ensuring Mr. Rowell can’t claim anymore.”
According to evidence presented at trial, on or about Jan. 18, 2021, Rowell met the 15-year-old victim, who had recently run away from home. Almost immediately, Rowell created and posted numerous online commercial sex advertisements that contained photos of the victim, including nude photos, and told her that she would have to engage in prostitution. Rowell then communicated with sex buyers and sent the victim to meet with those men to have sex in exchange for money he kept. On Jan. 28, 2021, approximately 10 days after the victim had been reported missing, law enforcement participated in an undercover operation to rescue her. When she was recovered, the victim had Rowell’s phone which contained photos of the victim, photos of Rowell and information about his personal bank accounts, links to online advertisements for commercial sex and communications with sex buyers.
If you or someone you know may be impacted or experiencing commercial sex trafficking, please contact [email protected].
The charge of sex trafficking of a child carries a mandatory minimum sentence of 10 years in prison, with a maximum sentence of up to life in prison, 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.
Acting U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Valuable assistance was provided by the Suffolk County District Attorney's Office; the Boston and Belmont Police Departments; and the Massachusetts Bay Transit Authority Police. Assistant U.S. Attorney Brian A. Fogerty of the Civil Rights & Human Trafficking Unit and Special Assistant U.S. Attorney Alyssa Tochka are prosecuting the case.
Boston Man Sentenced to Four Years in Prison for Trafficking FentanylRead the Press Release
BOSTON – A Boston man was sentenced today in connection with distributing multiple kilograms of fentanyl, including thousands of counterfeit fentanyl pills, to a cooperating source.
Luis Sonier Bautista Moreta, 27, was sentenced by U.S. District Court Judge Richard G. Stearns to four years in prison and three years of supervised release. In May 2023, Bautista pleaded guilty to two counts of distribution of and possession with intent to distribute fentanyl and one count of possession with intent to distribute fentanyl.
Bautista’s relative negotiated two sales of fentanyl to an undercover officer. Bautista handled the sales transactions, which took place on Oct. 22, 2021, in Attleboro and on Nov. 1, 2021, in Dorchester. Both times, Bautista entered the car of a cooperating source acting on behalf of the undercover officer and delivered fentanyl. The first transaction involved one kilogram of fentanyl and 6,000 counterfeit pills containing fentanyl; the second transaction involved an additional kilogram of fentanyl. Bautista’s relative arranged for Bautista to sell 1,000 more pills to the undercover officer on Nov. 5, 2021, but Bautista left before completing the deal. On Nov. 10, 2021, a search of Bautista’s residence resulted in the seizure of 1,000 pills containing fentanyl.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance in the investigation was provided by the Boston Police Department. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit prosecuted the case.
Wayland Woman Sentenced for Role in Physical Therapy Clinic Fraud SchemeRead the Press Release
BOSTON – A Wayland woman was sentenced today in federal court in Boston for her role in a scheme to defraud multiple insurance providers for physical therapy services that were not provided to patients.
Anna Barenboym, 47, was sentenced by U.S. District Court Judge Richard G. Stearns to one year of probation with one month of home confinement. Barenboym was also ordered to pay restitution in the amount of $648,852. In March 2022, Barenboym pleaded guilty to one count of conspiracy to commit mail fraud. Barenboym was indicted in February 2021 along with co-defendants Gyulnara Bayryshova, Slava Pride and Raya Bagardi.
Barenboym was a licensed physical therapist employed at Brighton Physical Therapy (BPT), a physical therapy clinic owned by Bayryshova. Pride and Bagardi were also employed at BPT as licensed physical therapist assistants. From October 2018 through June 2020, Barenboym and her co-defendants conspired to cause an insurance company to reimburse them for physical therapy services that were not actually provided and/or were not medically necessary and, in some cases, were provided by individuals not licensed to provide the services. Specifically, Barenboym and her co-defendants falsely billed for services purportedly rendered to patients injured in automobile accidents when the services were not actually provided. BPT paid patients for referrals, referred patients to attorneys to assist with patients’ insurance settlements and accepted kickbacks from those attorneys in return.
On July 12, 2023, Pride was sentenced to two years in prison, two years of supervised release and was ordered to pay restitution of over $2.3 million. On July 19, 2023, Bagardi was sentenced to two years of supervised release, with the first year to be spent in home confinement and was also ordered to pay restitution of over $2.3 million. On July 26, 2023, Bayryshova was sentenced to three years in prison and two years of supervised release. Bayryshova was also ordered to pay restitution of $7,383,756 and forfeiture of $7,834.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Anthony DiPaolo, Chief of Investigations of the Insurance Fraud Bureau of Massachusetts; Boston Police Commissioner Michael Cox; and Quincy Police Chief Paul Keenan made the announcement today. Assistant U.S. Attorney Laura J. Kaplan of the Organized Crime & Gang Unit prosecuted the case.
Court Approves City of Holyoke Settlement Addressing Pollution in Connecticut RiverRead the Press Release
BOSTON – A consent decree requiring the City of Holyoke to reduce future sewage discharges into the Connecticut River from sewer collection and stormwater systems has been approved in U.S. District Court.
The consent decree was the result of an enforcement action brought by the Department of Justice, on behalf of the U.S. Environmental Protection Agency and the Massachusetts Attorney General’s Office, on behalf of the Massachusetts Department of Environmental Protection.
As stated in the consent decree, Holyoke discharges pollutants from combined sewer overflows (CSOs) into the Connecticut River in violation of its federal and state wastewater discharge permits. In full cooperation with federal and state environmental agencies, the City has taken steps in recent years to address these discharges, including finalizing a CSO long term control plan and eliminating the Jackson Street CSO. The consent decree requires the City to undertake further sewer separation work that will eliminate or reduce additional CSO discharges.
Holyoke will also conduct sampling of its storm sewer discharges, work to remove illicit connections, and take other actions to reduce pollution from stormwater runoff. The consent decree also includes a $50,000 penalty for past permit violations as a result of CSO discharges.
In 2019, at the request of the Department of Justice and the Massachusetts Attorney General, the court entered a partial consent decree whereby Holyoke agreed to develop a long-term plan for reducing sewer discharges. The consent decree approved by the court on Aug. 31, 2023 represents the parties’ final plan for Holyoke to reduce sewer discharges and supersedes the prior decree.
“Protecting our precious waterways from dangerous pollutants is a vital part of the Department’s work. This consent decree will better ensure that Holyoke residents and every single community that enjoys the Connecticut River is safer,” said Acting United States Attorney Joshua S. Levy. “We commend Holyoke for their ongoing cooperation in developing this improvement plan and for their commitment to protecting the future of the Connecticut River moving forward.”
“The U.S. EPA is very pleased that the work called for under this settlement will achieve a cleaner and healthier environment for people living in and downstream from Holyoke. This work is especially important because Holyoke includes historically disadvantaged communities. It’s a significant priority for EPA to help ensure that all our citizens are able to enjoy a clean and healthy environment,” said EPA New England Regional Administrator David W. Cash.
“We are grateful to our federal partners for working with us to reach this settlement that will improve the water quality of the Connecticut River, and thus the overall health of Holyoke residents,” said Attorney General Andrea Joy Campbell. “My office is committed to creating healthier, safer communities across Massachusetts by fighting environmental injustices like contaminated water and we appreciate the City of Holyoke’s parallel commitment to these important efforts.”
Holyoke owns and operates a sewer collection system that services approximately 70% of the City, two-thirds of which carries both sewage and stormwater. Most of the time, the combined system transports all wastewater to the facility for treatment. However, during periods of heavy rain the wastewater volume can exceed the capacity of the sewer system or the treatment facility and the excess wastewater will discharge to the Connecticut River without treatment. CSO discharges contain raw sewage and are a major water pollution concern.
Acting U.S. Attorney Levy; Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division; EPA Regional Administrator Cash; Attorney General Campbell; and MassDEP Acting Commissioner Gary Moran made the announcement today. Assistant U.S. Attorney Brian M. LaMacchia of the Affirmative Civil Enforcement Unit; Assistant Attorney General I. Andrew Goldberg of Campbell’s Environmental Protection Division; Tonia Bandrowicz of EPA; and Henry Friedman of the Environmental Enforcement Section of the Department of Justice handled the matter.
Boston Doctor Indicted for Exposing Himself to Minor Sitting Next to Him on FlightRead the Press Release
BOSTON – A Boston man was indicted today by a federal grand jury in Boston for allegedly masturbating and exposing himself within the view of a 14-year-old female seated next to him onboard a flight from Honolulu to Boston in May 2022.
Dr. Sudipta Mohanty, 33, was indicted on one count of lewd, indecent and obscene acts while in the special aircraft jurisdiction of the United States. Mohanty was arrested and charged by criminal complaint on Aug. 10, 2023 and was released on conditions.
According to the charging documents, at the time of his arrest Mohanty was an internal medicine and primary care doctor with a practice in Boston. It is alleged that, on May 27, 2022, Mohanty was a passenger aboard a Hawaiian Airlines Flight enroute from Honolulu to Boston with a female companion. Mohanty was allegedly seated next to a 14-year-old minor travelling with her grandparents, who were seated nearby.
About half-way through the flight, the minor allegedly observed that Mohanty had covered himself with a blanket up to his neck and that Mohanty’s leg was bouncing up and down. Shortly thereafter, the minor observed that the blanket was on the floor, no longer covering Mohanty, and that Mohanty was masturbating. The minor moved herself to an empty seat in a different row for the remainder of the flight.
After arriving in Boston, the minor informed members of her family about the incident and law enforcement was notified.The charge of lewd, indecent and obscene acts while in the special aircraft jurisdiction of the United States provides for a sentence of up to 90 days in prison, up to one year of supervised release and a fine of up to $5,000. 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 and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of the Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Repeat Felon Charged with Armed Robbery of Two BusinessesRead the Press Release
BOSTON – A previously convicted felon was charged today in connection with the armed robberies of two Boston and Brockton businesses in March.
Fernando Bost, 32, of Boston, was charged with two counts of Hobbs Act robbery and one count of being a felon in possession of a firearm. He will appear in federal court in Boston on Sept. 18, 2023 at 12 p.m.
According to the charging documents, on March 29, 2023 at approximately 11:05 p.m., a man allegedly entered RJ Smoke and Convenience Store in Dorchester, held the victim cashier at gunpoint and took cash before fleeing the store. While investigating the robbery, law enforcement learned that a 7-Eleven in Brockton was robbed approximately 40 minutes earlier that same day. Surveillance footage depicts the robber wearing the same unique clothing worn in the RJ Smoke and Convenience store robbery.
A subsequent investigation identified a Kia Sorento captured in the vicinity of both businesses prior to the robberies and leaving after each robbery took place. Records allegedly determined that the vehicle had been rented out to Bost’s girlfriend at the time of the robberies. Law enforcement allegedly learned that Bost’s EBT card had been used at a gas station and a Target the same day of the robberies. Surveillance footage obtained from those locations allegedly show Bost wearing clothing identical to that worn by the robber.
Bost was arrested by state law enforcement during a traffic stop near Springfield. During the stop, a loaded Glock 43x with a high-capacity magazine was allegedly located in Bost’s front sweatshirt pocket.
Bost is prohibited from possessing firearms and ammunition due to two previous armed robbery convictions from 2012 and 2017. Additionally, at the time of the alleged conduct, Bost had several pending charges for armed and unarmed robbery as well as three outstanding warrants issued out of three different courts for armed robbery, assault with a dangerous weapon, breaking and entering daytime for felony, receiving stolen property and shoplifting.
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 being a felon in possession of a firearm and ammunition provides for a sentence of up to 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.
Acting 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 Massachusetts State Police Department; the Hamden County District Attorney’s Office; and the Boston and Brockton Police Departments. Assistant U.S. Attorney Luke A. Goldworm of the Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Leader of $25 Million International Money Laundering Conspiracy Pleads GuiltyRead the Press Release
BOSTON – A New York man pleaded guilty today in federal court in Boston to leading a sophisticated international money laundering organization that also distributed large quantities of cocaine and MDMA (ecstasy).
Jin Hua Zhang, 36, of Staten Island, N.Y., pleaded guilty to money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine. U.S. District Judge Angel Kelley scheduled sentencing for Feb. 1, 2024. Zhang was among 10 others charged in October 2022 in connection with the conspiracy. The defendants and one other were subsequently charged in a superseding indictment in May 2023.
“Money is the lifeblood of any narcotics trafficking organization. Mr. Zhang targeted the critical flow of funds and the vicious circle that leads to deadly drugs being sold on our streets every day. This office is committed to dedicating the resources to do whatever we can to choke off the flow of money as part of our efforts to combat narcotics trafficking,” said Acting United States Attorney Joshua S. Levy.
“Today, Jin Hua Zhang admitted to leading a sophisticated, transnational criminal organization that flooded the streets of Massachusetts with kilos of cocaine and ecstasy and laundered at least $25 million through a global network in an attempt to conceal their criminal conduct,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “FBI Boston’s Organized Crime Task Force will continue to work with our law enforcement partners to unravel elaborate and complex schemes like this one, to ensure the individuals behind them are held accountable for the harm they’ve inflicted on our communities.”
Zhang’s network was first detected in the greater Boston area, but alleged leaders and members of the organization were later identified throughout the United States and overseas. During a year-long investigation Zhang’s organization was infiltrated and it was determined that, for a fee, Zhang laundered bulk cash for drug dealers and laundered profits from other illegal businesses and internet-based scams. Zhang directed alleged co-conspirators to pick up hundreds of thousands of dollars in cash or transmit millions of dollars in wire transfers and bank deposits. Zhang then converted those funds into cryptocurrency, which he believed would enable his organization to transfer illicit funds without detection by banks’ security teams or law enforcement.
Over numerous recorded conversations and meetings, Zhang, and allegedly others, discussed efforts to launder funds from drug trafficking and other scams and laundered money from fraud operations based in Cambodia. In less than one year, Zhang and his organization laundered at least $25 million worth of drug proceeds and funds from other illegal businesses through undercover agents. To date, funds have been traced from the Zhang Organization to Hong Kong and elsewhere including China, India, Cambodia and Brazil, among other locations.
In addition to money laundering, Zhang, and allegedly others, were recorded distributing kilograms of cocaine and MDMA that Zhang intended for distribution in Massachusetts.
The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000, or twice the amount involved, whichever is greater. The charge of conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine provides for a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, at least eight years of supervised release and a 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 U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Assistant U.S. Attorneys Christopher Pohl, Brian A. Fogerty and Meghan C. Cleary of the Criminal Division 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.
Maryland Man Pleads Guilty to Extorting Massachusetts Victims He Met via Online Dating WebsiteRead the Press Release
BOSTON – A Maryland man pleaded guilty today to making extortionate threats toward victims in Massachusetts.
Brandon D. Kane, 27, of Baltimore, pleaded guilty to making extortionate threats in interstate commerce. U.S. District Court Judge Patti B. Saris scheduled sentencing for Jan. 11, 2024. Kane was arrested and charged in April 2023.
Kane used an online dating website to meet victims locally in Eastern Massachusetts. During such meetings, Kane made unauthorized videos of his victims engaging in illicit drug use or sexual activity with him. Kane then threatened to release the videos to the victims’ families and employers unless his victims paid him.
The charge of making extortionate threats in interstate commerce provides for a sentence of up to two years in prison, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting 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. Attorneys Jessica Soto and Benjamin Tolkoff of the Criminal Division are prosecuting the case.
Lowell Gang Member Pleads Guilty in Drug Trafficking and Money Laundering ConspiraciesRead the Press Release
BOSTON – A leader of a Lowell-based gang, One Family Clique (OFC), pleaded guilty yesterday to conspiring with fellow OFC gang members to traffic wholesale quantities of cocaine, and to launder millions of dollars in drug proceeds through casinos in Canada.
Virak Prum, a/k/a “Polo,” a/k/a “Capo,” a/k/a “Lips,” 36, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine and one count of money laundering conspiracy. U.S. Senior District Court Judge William G. Young scheduled sentencing for Dec. 14, 2023.
In August 2018, law enforcement began investigating OFC in response to a dramatic spike in shootings and gang violence in Lowell. OFC is an alliance between several gangs in and around Lowell with ties to gangs in California and other states. In 2018 and 2019, at least 12 incidents of gunfire in the Lowell area are alleged to be attributable to gang-motivated hostilities between OCF and its rivals.
Since at least 2019, Prum and his co-conspirators used the U.S. Postal Service to receive shipments of illegal narcotics, and, in return, to ship cash proceeds to the sources of supply. Members of the conspiracy maintained stash houses in Lowell, which also served as venues for gang meetings and other events furthering the gang’s illegal activities. Over the course of the investigation, agents seized or purchased approximately 12 kilograms of methamphetamine, 2.4 kilograms of cocaine, 2.1 kilograms of MDMA, 513 grams of heroin, and 169 grams of Fentanyl; $177,591 in cash; and seven firearms.
In May 2021, Prum led a money laundering operation in which he and his co-conspirators provided “protection” to a shipment from Europe that purportedly contained 8 million Euros in drug proceeds from black tar heroin sales. Specifically, Prum and his co-conspirators helped pack a shipment of money into a truck and escorted it from New York to New Hampshire.
Prum was charged with 14 others in June 2021. He is the final defendant in custody to plead guilty in the case. One defendant remains a fugitive.
The charge of conspiracy to distribute and to possess with intent to distribute cocaine provides for a sentence of up to twenty years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. The charge of money laundering conspiracy provides for a sentence of up to twenty years in prison, supervised release for up to three years up to life and a fine of up to $500,000 or twice the value of the laundered property. 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; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division; Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Greg Hudon, Superintendent of the Lowell Police Department made the announcement today. Valuable assistance was provided by the DEA-San Jose Task Force as well as the Long Beach (Calif.) and Santa Clara (Calif.), Police Departments. Assistant U.S. Attorneys Timothy Moran and Fred Wyshak, III of the Organized Crime & Gang Unit are prosecuting 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.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Leader of Identity Theft Conspiracy That Stole Nearly 50 Vehicles Sentenced to 8.5 Years in PrisonRead the Press Release
BOSTON – A Haverhill man was sentenced today in federal court in Boston for orchestrating schemes to use the stolen identities of United States citizens from Puerto Rico to fraudulently purchase vehicles and other merchandise and apply for and utilize bank accounts and credit cards.
Alvin Rivera, 40, was sentenced by U.S. District Court Judge Patti B. Saris to 102 months in prison and three years of supervised release. He was also ordered to pay $389,141 in restitution to victims. In March 2023, Rivera pleaded guilty to one count of conspiracy to commit wire fraud; two counts of wire fraud; three counts of aggravated identity theft; and three counts of false representation of a Social Security number in his District of Massachusetts case; he also pleaded guilty to a similar scheme originating in the District of New Jersey that was transferred to the District of Massachusetts for resolution.
Between October 2017 and September 2020, Rivera was the leader of a conspiracy in Massachusetts that used stolen identity information of United States citizens to obtain credit and goods. Under Rivera’s direction, and with stolen identity information that he provided, co-conspirators visited Massachusetts car dealerships to purchase late-model vehicles and applied for 100% financing. In support of the applications, the co-conspirators provided stolen biographical information from real United States citizens, fraudulent Puerto Rico driver’s licenses and Social Security cards in those identities, as proof of identification. The co-conspirators used the stolen identities to illegally open bank accounts and credit cards and purchase vehicles, many of which were exported out of the United States.
Between October 2017 and February 2018, Rivera also personally used stolen identity information of United States citizens to apply for credit and fraudulently purchase vehicles in a similar scheme in New Jersey.Together, the co-conspirators fraudulently purchased at least 47 vehicles from dealerships in Massachusetts, Pennsylvania, New York and New Jersey – obtaining over $2 million in cars and other merchandise using the stolen identities.
Following Rivera’s arrest, the investigation revealed that in 2020, Rivera also allegedly led a conspiracy that used stolen identity information of United States citizens to apply for and obtain over $450,000 in Economy Injury Disaster Loans, a form of pandemic relief, from the Small Business Administration. It is alleged that Rivera’s co-conspirators fraudulently opened bank accounts to receive those funds, laundered the funds and shared a portion of the profits with co-conspirators in the Dominican Republic. Multiple individuals have been arrested, charged, and pleaded guilty with respect to that conspiracy, and Rivera’s sentencing also took that conduct into account.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Special Agent in Charge of Homeland Security Investigations, in New England; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; and Brockton Police Chief Brenda Perez made the announcement today. Valuable assistance was provided by the U.S. Attorney’s Office for the District of New Jersey; and the Lowell, Lawrence, Methuen, Haverhill, Woburn and Dartmouth Police Departments. Assistant U.S. Attorneys Elianna J. Nuzum and Adam W. Deitch of the Criminal Division prosecuted the case.
The District of Massachusetts investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The District of New Jersey investigation was conducted by the Social Security Administration, Office of Inspector General, Office of Investigations.Four New Hampshire Men Charged in Connection with the Stalking of Two JournalistsRead the Press Release
BOSTON – Four New Hampshire men have been indicted by a federal grand jury in Boston for their roles in a conspiracy to harass and intimidate two journalists employed by New Hampshire Public Radio (NHPR). The alleged harassment and intimidation of the victims included the vandalism – on five separate occasions – of the victims’ homes and the home of one of the victims’ parents with bricks, large rocks and red spray paint.
The following defendants were indicted for conspiracy to commit stalking through interstate travel and/or the use of a facility of interstate commerce:
- Eric Labarge, 46, of Nashua, N.H.;
- Tucker Cockerline, 32, of Salem, N.H.;
- Michael Waselchuck, 35, of Seabrook, N.H.; and
- Keenan Saniatan, 36, of Nashua, N.H.
Labarge was arrested this morning and will appear in federal court in Boston this afternoon. Cockerline, Saniatan and Waselchuck were previously arrested and charged by criminal complaint on June 16, 2023 and remain in custody.
According to the indictment, after a year-long investigation, an NHPR journalist (Victim 1) published an article in March 2022 detailing allegations of sexual and other misconduct by a former New Hampshire businessperson, identified in the charging document as Subject 1. Another NHPR journalist (Victim 2) also contributed to the article, which appeared on NHPR’s website during and after March 2022. In response to this reporting, Labarge – who is alleged to be a close personal associate of Subject 1 – Saniatan, Cockerline and Waselchuck allegedly agreed to harass and intimidate Victims 1 and 2 and their immediate family members. Among other things, the indictment alleges that:
- On or about April 22, 2022, Labarge solicited Cockerline to vandalize Victim 1’s former residence in Hanover, N.H., using a brick and red spray paint. Thereafter, on the evening of April 24, 2022, Cockerline allegedly spraypainted the word “C*NT” in large red letters on the front door and allegedly threw a brick through an exterior window of the home;
- On or about April 22, 2022, Saniatan allegedly agreed to vandalize Victim 2’s home in Concord, N.H., and Victim 1’s parents’ home in Hampstead, N.H., using large rocks and red spray paint. Thereafter, on the evening of April 24, 2022, Saniatan allegedly spraypainted the word “C*NT” in large red letters on the front door and threw a large rock at the exterior of Victim 2’s home; and he allegedly threw a softball-sized rock through a front exterior window and spraypainted the word “C*NT” in large red letters on one of the garage doors of Victim 1’s parents’ home;
- On or about May 18, 2022, Labarge allegedly solicited Cockerline to vandalize Victim 1’s parents’ home in Hampstead, N.H., and Victim 1’s home in Melrose, Mass., using bricks and red spray paint. Cockerline, in turn, allegedly recruited Waselchuck to vandalize Victim 1’s residence; and
- Thereafter, on the evening of May 20, 2022, Cockerline allegedly spraypainted the word “C*NT” in large red letters on one of the garage doors of Victim 1’s parents’ home, and left a brick on the ground near the front door. Several hours later, Waselchuck allegedly threw a brick through an exterior window of Victim 1’s home and painted the phrase “JUST THE BEGINNING” in large red letters on the front of the house.
Each charge in the indictment carries a maximum sentence of up to five years in prison, three years of supervised release, a $250,000 fine and restitution. 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 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 Concord, Hampstead and Hanover, New Hampshire Police Departments, the Melrose, Massachusetts Police Department and the United States Attorney’s Office for the District of New Hampshire. Assistant U.S. Attorneys Jason A. Casey and Torey B. Cummings of the Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fitchburg Man Sentenced to over Three Years in Prison for His Role in Wide-Ranging Drug ConspiracyRead the Press Release
BOSTON – A Fitchburg man was sentenced yesterday in federal court in Worcester for his role in a wide-ranging fentanyl, heroin, crack, and cocaine trafficking conspiracy.
Ivan Torres, 32, of Fitchburg, was sentenced by U.S. Senior District Court Judge Timothy S. Hillman to 37 months in prison, followed by three years of supervised release. On March 10, 2023, Torres pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
According to court documents, following a fatal fentanyl overdose in September 2018, an investigation began into a drug trafficking organization in the Fitchburg area. Beginning in July 2019, court authorized interceptions of wire and electronic communications to and from telephones used by members and suppliers of the drug trafficking organization revealed that Torres was a cocaine dealer who supplied cocaine to the drug trafficking organization.
Over the course of the investigation, over 1.8 kilograms of a heroin/fentanyl mixture, over 3.6 kilograms of cocaine, over 50 grams of crack cocaine, a stolen, loaded handgun, drug manufacturing equipment and over $376,000 in U.S. currency were seized.
Torres is the 12th defendant to be sentenced in this case. All 18 defendants have been convicted – either by guilty plea or jury conviction following trial. The remaining convicted defendants are scheduled to be sentenced in September and October 2023.Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police, made the announcement today. The Fitchburg and Lunenburg Police Departments, U.S. Postal Inspection Service and Massachusetts State Police provided valuable assistance. Assistant U.S. Attorney Alathea Porter of the Criminal Division 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.
Tennessee Man Sentenced to Two Years in Prison for Illegally Trafficking at Least 30 FirearmsRead the Press Release
BOSTON – A Tennessee man was sentenced today in federal court in Boston for trafficking at least 30 firearms in the Boston area.
John Pierre, 27, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to two years in prison and three years of supervised release. On Feb. 17, 2022, Pierre pleaded guilty to an Indictment.
In March 2022, Pierre was arrested at South Station in Boston carrying a bag containing 11 firearms, large capacity magazines and numerous rounds of ammunition. A subsequent investigation revealed that Pierre had moved from Massachusetts to Tennessee where he legally purchase firearms. Additionally, Pierre travelled back and forth from Tennessee to Massachusetts on numerous occasions with at least 30 firearms that he illegally sold in the Boston area as part of his gun trafficking operation.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives; and Boston Police Commissioner Michael Cox made the announcement today. Assistant U.S. Attorney John T. Dawley Jr. of the Organized Crime & Gang Unit prosecuted 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 violent crime and gun violence, 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.
Social Media Influencer Sentenced to Five Years in Prison for $1.5 Million COVID-19 Relief Fraud SchemeRead the Press Release
BOSTON – A Miami woman was sentenced today in federal court in Boston for fraudulently obtaining over $1 million in pandemic-related loans using the stolen identities of more than 10 individuals and then using those funds for personal expenses, including chartering a private jet and renting a luxury apartment.
Danielle Miller, 32, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to five years in prison and three years of supervised release. Miller was also ordered to pay restitution in an amount that will be determined at a later date. In March 2023, Miller pleaded guilty to three counts of wire fraud and two counts of aggravated identity theft.
“Ms. Miller isn’t an influencer, she is a convicted felon. She stole the identities of innocent people to steal over $1.2 million in pandemic-relief loans that should have gone to people in need. In a quest for fleeting social media stardom, Ms. Miller relied on fraud to fund a lavish lifestyle of private jets, luxury apartments and other accoutrements of wealth. Today's sentencing should make it crystal clear that curating a high-society social media presence on the backs of hardworking taxpayers is a path to prison, not fleeting fame,” said Acting United States Attorney Joshua S. Levy.
“Danielle Miller stole critical financial support from the hands of people who needed it during one of the most turbulent economic periods in recent history. While other Americans worried about how to keep food on the table, Miller spent her ill-gotten gains on hotels and luxury goods, heartlessly flaunting this fraudulent lifestyle on social media. Today’s sentence is the result of a collaborative team of investigators committed to uncovering fraud and ensuring taxpayer dollars are going where they should and not into the hands of scammers like Miller,” said Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England.
“Danielle Miller engaged in a scheme targeted at the Massachusetts Department of Unemployment Assistance, as well as five other state workforce agencies, to fraudulently obtain pandemic-related unemployment benefits in the names of identity theft victims. Miller also utilized stolen identities to fraudulently apply for Economic Injury Disaster Loans. Miller’s schemes sought to secure more than $1 million in stolen benefits set aside by the federal government to assist Americans struggling with the economic effects of the COVID-19 pandemic. We will continue to work with our law enforcement partners to safeguard these critical benefit programs for those who need it,” said Jonathan Mellone, Special Agent-in-Charge, Northeast Region, U.S. Department of Labor, Office of Inspector General.
From in or around July 2020 through May 2021, Miller devised and executed a scheme to fraudulently obtain pandemic-related relief loans funded by the federal government – including Economic Injury Disaster Loan funds through the U.S. Small Business Administration (SBA) as well as Pandemic Unemployment Assistance and related unemployment benefits. To execute the scheme, Miller used the personal identifying information of more than 10 individuals and used fake business names to apply for and receive more than $1 million in government benefits.
Additionally, Miller possessed counterfeit driver’s licenses in the victims’ names but bearing Miller’s photograph. In August 2020, Miller used a counterfeit driver’s license in the name of a Massachusetts victim to arrange a Gulfstream private jet charter flight from Florida to California, where she stayed at a luxury hotel under the same victim’s name. In a separate instance, Miller used the identity of another victim to rent a luxury apartment in Florida.
Miller maintained an active social media presence via her Instagram account, which had more than 34,000 followers. There, Miller posted her extravagant use of the fraud proceeds and stolen identities, publicizing her purchasing of luxury goods and renting of luxury accommodations. Posts to this account included a post showing Miller at luxury hotels in California where transactions were made using the bank account in one of the victim’s names.
Acting U.S. Attorney Levy; HSI SAC Krol; DOL-OIG SAC Mellone; Amaleka McCall-Brathwaite, Special Agent in Charge of the Small Business Administration Office of Inspector General (SBA-OIG), Eastern Region; and Abington (Mass.) Police Chief David DelPapa made the announcement today. Valuable assistance was provided by Homeland Security Investigations in Miami and the Massachusetts State Police. Assistant U.S. Attorneys William F. Abely, Chief of the Criminal Division and Benjamin A. Saltzman of the Securities Financial & Cyber Fraud Unit prosecuted the case.
The investigation was conducted by Homeland Security’s Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.
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.
Russian Businessman Sentenced to Nine Years in Prison in $93 Million Hack-to-Trade ConspiracyRead the Press Release
BOSTON – A Russian businessman was sentenced today in federal court in Boston for his involvement in an elaborate hack-to-trade scheme that netted approximately $93 million through securities trades based on confidential corporate information stolen from U.S. computer networks.
Vladislav Klyushin, a/k/a “Vladislav Kliushin,” 42, of Moscow, Russia, was sentenced by U.S. District Court Judge Patti B. Saris to nine years in prison. Klyushin was also ordered to forfeit $34,065,419 and pay restitution in an amount that will be determined at a later date. In February 2023, Klyushin was convicted by a federal jury of securities fraud, wire fraud, gaining unauthorized access to computers, and conspiracy to commit those crimes. Klyushin was arrested in Sion, Switzerland in March 2021 and extradited to the United States in December 2021.
Klyushin was charged along with two Russian co-conspirators: Ivan Ermakov and Nikolai Rumiantcev. Two others, Mikhail Vladimirovich Irzak and Igor Sergeevich Sladkov, were charged in a separate indictment. All four co-conspirators remain at large. In July 2018, a federal grand jury in Washington, D.C. indicted Ermakov in connection with his alleged role in a scheme to interfere with the 2016 United States elections by way of computer hacking. In October 2018, Ermakov was also charged by a federal grand jury in Pittsburgh in connection with his alleged role in hacking and related disinformation operations targeting international anti-doping agencies, sporting federations and anti-doping officials.
“Mr. Klyushin hacked into American computer networks to obtain confidential corporate information that he used to make money illegally in the American stock market,” said Acting United States Attorney Joshua S. Levy. “He thought he could get away with his crimes by perpetrating them from a foreign base, hidden behind layers of fake domain names, virtual private networks, and computer servers rented under pseudonyms and paid for with cryptocurrency. He found out otherwise, and will now spend nearly a decade of his life in a U.S. prison. This case should send a message to criminals around the world that their location does not provide anonymity and the reach of American law enforcement is long. Anyone who defrauds American companies, markets or investors, will be found and prosecuted, regardless of where they hide, or how long it takes.”.
“Russian businessman Vladislav Klyushin is a sophisticated hacker who engineered a global get-rich-quick scheme that defrauded unsuspecting American businesses of approximately $93 million. He hacked into U.S. computer networks, stole non-public information, and illegally traded on it,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “This case demonstrates how cybercrime knows no boundaries and justice will not stop at international borders. The FBI will not stand idly by and allow criminals like him to launch intrusive cyber-attacks to meddle in our financial markets. We are committed to working with our public and private sector partners to stop computer intrusions and prevent further harm.”
Klyushin, Ermakov and Rumiantcev worked at M-13, a Moscow-based information technology company that Klyushin owned. M-13 offered penetration testing and “Advanced Persistent Threat (APT) emulation,” – both services that seek exploitable vulnerabilities in a computer system via hacking techniques, purportedly for defensive purposes. M-13’s website indicated that the company’s “IT solutions” were used by “the Administration of the President of the Russian Federation, the Government of the Russian Federation, federal ministries and departments, regional state executive bodies, commercial companies and public organizations.” In addition to these services, Klyushin invested the money of several investors in his hack-to-trade scheme, and took a cut of up to 60 percent of their profits.
Trial evidence showed that, between at least in or about January 2018 and September 2020, Klyushin, and allegedly Ermakov, Irzak, Sladkov and Rumiantcev, conspired to use stolen earnings information to trade in the securities of companies that are publicly traded on U.S. national securities exchanges, including the NASDAQ and the NYSE, in advance of public earnings announcements. Using the same malicious hacking techniques M-13 advertised to customers, Klyushin and, allegedly his co-conspirators, obtained inside information by hacking into the computer networks of two U.S.-based filing agents that publicly-traded companies used to make quarterly and annual filings through the U.S. Securities and Exchange Commission (SEC). Specifically, Klyushin, and allegedly his co-conspirators, deployed malicious infrastructure capable of harvesting and stealing employees’ login information and used proxy (or intermediary) computer networks outside of Russia to conceal the origins of their activities. With this access, Klyushin, and allegedly his co-conspirators, viewed and downloaded material non-public information, such as quarterly and annual earnings reports that had not yet been filed with the SEC or disclosed to the general public, for hundreds of companies – including Capstead Mortgage Corp., Tesla, Inc., SS&C Technologies, Roku and Snap, Inc. Many of the illegally obtained earnings reports were downloaded through a computer server located in downtown Boston.
Armed with this information before it was disclosed to the public, Klyushin, and allegedly his co-conspirators, knew ahead of time, among other things, whether a company’s financial performance would meet, exceed or fall short of market expectations – and thus whether its share price would likely rise or fall following the public earnings announcement. Klyushin then traded based on that stolen information in brokerage accounts held in his own name and in the names of others. Klyushin, and allegedly his co-conspirators, also distributed their trading across accounts they opened at banks and brokerages in several countries, including Cyprus, Denmark, Portugal, Russia and the United States, and misled brokerage firms about the nature of their trading activities.
Evidence presented at trial demonstrated that the times in which the filing agents were hacked corresponded with the times in which Klyushin, and allegedly his co-conspirators, made profitable trades. Additionally, of the more than 2,000 earnings events around which Klyushin and allegedly his co-conspirators traded between January 2018 and September 2020, more than 97 percent were filed with the SEC by the victim filing agents. Testimony at trial indicated that the odds of this trading pattern occurring in the absence of a relationship between the trading and the identity of the filing agent was less than one in a trillion.
In total, Klyushin and allegedly his co-conspirators earned close to $100 million in earnings trading from roughly $9 million in investments using inside information, even as they lost close to $10 million in non-earnings trading – representing a return of more than 900 percent during a period in which the broader stock market returned just over 25 percent.
Of that amount, Klyushin individually netted more than $34 million, including nearly $22.5 million on his personal trading and trading for his company, in addition to more than $11.5 million on the money he invested for others. Further, Klyushin’s sophisticated cyber attack cost its two victims more than $8 million dollars.
Acting U.S. Attorney Levy and FBI SAC Cohen made the announcement today. The SEC, the Swiss Federal Office of Justice, the Valais and Zurich Cantonal Police authorities and the victim filing agents provided valuable assistance to the investigation. The Justice Department’s Office of International Affairs provided significant assistance in securing Klyushin’s arrest and extradition from Switzerland. Stephen E. Frank and Seth B. Kosto, Chief and Deputy Chief, respectively, of the Securities, Financial & Cyber Fraud Unit prosecuted the case.
Quincy Man Arrested for $1 Million Counterfeit Check SchemeRead the Press Release
BOSTON – A Quincy man was arrested and charged today in connection with a bank fraud scheme involving approximately 114 counterfeit checks – totaling more than $1 million.
Hui Zhang, 41, was charged with one count of bank fraud. Zhang was arrested this morning and will appear in federal court in Worcester at 3 p.m. today.
From in or around June 2020 through at least May 2022, Zhang allegedly opened fraudulent bank accounts under false identities, deposited over $1 million worth of approximately 114 counterfeit checks and then subsequently withdrew hundreds of thousands of dollars in cash from these accounts via ATMs. Zhang was allegedly identified in part by a tattoo on his left hand that was visible in surveillance footage of the ATM withdrawals. Zhang allegedly used the same IP address that was used to open one of the fraudulent bank accounts and to deposit counterfeit checks.
The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million, or twice the gross proceeds. 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 and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney William F. Abely, Chief of the Criminal Division is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lowell Man Pleads Guilty to Possessing Half a Kilogram of Methamphetamine Intended for DistributionRead the Press Release
BOSTON – A Lowell man pleaded guilty today in federal court in Boston to methamphetamine charges and possessing of a firearm with an obliterated serial number.
Ravouth Chhoy, 34, pleaded guilty to one count of possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and one count of possession of a firearm with an obliterated serial number. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Dec. 7, 2023. Chhoy was indicted by a federal grand jury in August 2022.
Chhoy agreed to distribute more than 5,000 counterfeit Adderall pills containing methamphetamine to a confidential source. Before Chhoy could complete this transaction, law enforcement intercepted Chhoy and recovered more than 6,000 pills – weighing approximately 1.85 kilograms. Additionally, a search of Chhoy’s residence resulted in the recovery of a firearm with an obliterated serial number.
The charge of possession with intent to distribute 500 grams or more of a mixture or substances containing a detectible amount of methamphetamine provides for a mandatory minimum sentence of 10 years and up to life years in prison, at least five years of supervised release and a fine of $5 million. The charge of possession of a firearm with an obliterated serial number provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. The Boston Police Department provided critical assistance in the investigation of this case. Assistant U.S. Attorney Evan Panich of the Narcotics & Money Laundering Unit is prosecuting the case.
Dominican Woman Pleads Guilty to Possessing Fentanyl and Fentanyl Analogue Intended for DistributionRead the Press Release
BOSTON – A Dominican woman pleaded guilty yesterday to possessing seven kilograms of fentanyl and one kilogram of fentanyl and fentanyl analogue intended for distribution.
Ana Checo, 42, pleaded guilty to one count of possession with intent to distribute 400 grams or more of fentanyl and 100 grams or more of valeryl fentanyl, and one count of money laundering conspiracy. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 7, 2023. Checo was arrested and charged in May 2021.
In 2019, Checo delivered $58,510 in drug proceeds to an undercover officer for laundering. In July 2019, a search warrant at Checo’s residence resulted in the recovery of eight kilograms of fentanyl, one of which also contained valeryl fentanyl, a fentanyl analogue. Four kilograms of tramadol, one kilogram of “2C-B,” a schedule I controlled substance and $18,325 were also seized. In addition, Checo possessed approximately 55 kilograms of suspected fentanyl and several thousand dollars at the time of her arrest.
The charge of possession with intent to distribute 400 grams or more of fentanyl and 100 grams or more of fentanyl analogue provides for a sentence of at least 10 years and up to life in prison, at least five years of supervised release, and a fine of up to $10 million. The charge of money laundering conspiracy carries a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of up to $500,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Assistant U.S. Attorney Katherine Ferguson of the Narcotics & Money Laundering Unit is prosecuting the case.
California Man Pleads Guilty to Smuggling Alleged Cognitive Enhancement Drug into the United States from ChinaRead the Press Release
BOSTON – A California man pleaded guilty today in connection with a conspiracy to smuggle tianeptine, a drug that claims to enhance mood and cognitive functioning, into the United States from China.
Ryan M. Stabile, 36, pleaded guilty to one count of conspiracy and two counts of introduction of misbranded drugs with intent to defraud and mislead. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Jan. 10, 2024. Stabile was indicted by a federal grand jury in October 2019.
Stabile smuggled tianeptine, a misbranded drug, from China into the United States and then resold the tianeptine to American consumers on the internet through his company, Supplements for Work. Stabile falsely represented that he was selling tianeptine for research purposes only, even though he sold tianeptine to individuals for personal use. Stabile, through his company, marketed tianeptine as a mood enhancer and claimed that it improved cognitive functioning.
The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. The charge of introduction of misbranded drugs provides for a sentence of up to three years in prison, one year of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Joshua S. Levy and Fernando McMillan, Special Agent in Charge of the United States Food and Drug Administration’s Office of Criminal Investigation made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla, Chief of the Springfield Branch Office is prosecuting the case.
Bridgewater Man Pleads Guilty to Defrauding InvestorsRead the Press Release
BOSTON – A Bridgewater man pleaded guilty today in federal court in Boston for defrauding investors out of more than half a million dollars.
Jose Rocha, 37, pleaded guilty to one count of securities fraud before U.S. District Court Judge Leo T. Sorokin, who scheduled sentencing for Dec. 1, 2023. Rocha was charged in August 2023.
Between 2020 and 2022, Rocha solicited investments from individuals in Massachusetts, falsely portraying himself as a successful investor in securities and promising that he would invest their money in stocks and stock options in exchange for a share of the returns. In total, Rocha obtained over $1 million from his victims, the majority of which he used to pay purported investment returns to other investors or for himself, including to pay for vacations and gambling at casinos.
The Securities and Exchange Commission filed a civil complaint against Rocha in August 2023 alleging violations of the securities laws.
Acting United States Attorney Joshua S. Levy and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division made the announcement. The Securities and Exchange Commission provided valuable assistance with the investigation. Assistant U.S. Attorney Christopher J. Markham of the Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Stoughton Man Sentenced for Bank Fraud Scheme Related to COVID-19 Pandemic AssistanceRead the Press Release
BOSTON – A Stoughton man was sentenced today in federal court in Boston in connection with a fraudulent scheme to obtain COVID-19-related small business loans from several financial institutions.
Yves Montima, 55, was sentenced by U.S. District Court Judge Denise J. Casper to three years of supervised release, with the first 10 months to be served in home confinement. Montima was also ordered to pay $239,595 in restitution. In November 2021, Montima pleaded guilty to one count of conspiracy to commit bank fraud.
Montima participated in a scheme that obtained over $220,000 in proceeds through fraudulent PPP loan applications submitted between April 2020 and April 2021. Montima and his co-conspirator submitted 12 fraudulent PPP loan applications, both in their own names and in the names of others, at several financial institutions. Montima and his co-conspirator also received kickback payments from individuals on whose behalf they submitted fraudulent PPP loan applications.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created a temporary loan program directed at small businesses called the Paycheck Protection Program (PPP). Independent contractors were eligible to apply for PPP loans, which were processed by private financial institutions and fully guaranteed by the U.S. Small Business Administration. If an independent contractor used the loan funds for approved purposes, such as payroll, the loan could be forgiven by the financial institution and paid for by the U.S. Small Business Administration.
Acting United States Attorney Joshua S. Levy and Andrew Murphy, Special Agent in Charge of the United States Secret Service, Boston Field Office made the announcement. Valuable assistance in the investigation was provided by the U.S. Postal Service, Massachusetts State Police and the Boston Police Department. Assistant U.S. Attorneys Christopher J. Markham and Philip C. Cheng of the Criminal Division 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.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Man Charged with March 2023 Armed RobberyRead the Press Release
BOSTON – A local man has been charged in federal court in Boston in connection with the March 20, 2023 armed robbery of the JP Wireless store in Jamaica Plain, Mass.
Royal Benjamin, 63, was charged with one count of Hobbs Act robbery. Benjamin currently is in state custody on related charges and will appear in federal court in Boston at a later date.
According to charging documents, on the evening of March 20, 2023, a Black male approximately six feet in height, wearing a black ski mask, grey hooded sweatshirt, light blue jeans and black-and-white sneakers entered the JP Wireless Store in Jamaica Plain brandishing a black revolver. The suspect allegedly removed the cash register drawer with his bare hands, but dropped the drawer on the floor before fleeing the scene. It is alleged that Benjamin was identified as a positive match for fingerprints retrieved from the cash register drawer.
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. 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 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 Massachusetts Bay Transit Authority Police Department; the Suffolk County District Attorney’s Office; and the Boston and Cambridge Police Departments. Assistant U.S. Attorney Meghan C. Cleary of the Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lynn Man Pleads Guilty to Wire Fraud and Aggravated Identity TheftRead the Press Release
BOSTON – A Lynn man pleaded guilty today to submitting false federal loan applications and using a stolen identity to rent an apartment, for which he made no rent payments.
Steeve Jean, 36, pleaded guilty to wire fraud, aggravated identity theft and unauthorized use of a Social Security number. U.S. District Court Judge Denise J. Casper scheduled sentencing for Nov. 29, 2023. Jean was arrested and charged in April 2023.
From September 2021 through June 2022, Jean rented an apartment in Lynn under an assumed name. Jean paid no rent for the apartment and left when the apartment complex began steps to evict him. In April 2021, Jean submitted two fraudulent federal Paycheck Protection Program loan applications claiming business losses for a business that did not exist. Jean was serving a state prison sentence during the period he claimed to be running a business.
The charge of wire fraud 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 aggravated identity theft provides for a mandatory sentence of two years in prison, three years of supervised release and a fine of up to $250,000. The charge of unauthorized use of a Social Security number provides for a sentence of up to five years in prison, three 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 and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Benjamin A. Tolkoff of the Criminal Division is prosecuting the case.
La Oficina de Envigado Member Sentenced to Five Years in Prison for Role in Drug Trafficking Conspiracy Tied to Medellín CartelRead the Press Release
BOSTON – A Colombian man was sentenced today in federal court in Boston for his role in a drug trafficking conspiracy connected to organized crime in the Republic of Colombia.
Mario Zapata Velez, 41, of Medellín, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years in prison and three years of supervised release. In April 2023, Zapata pleaded guilty to one count of money laundering conspiracy, one count of extortion conspiracy, two counts of interstate and foreign travel or transportation in aid of racketeering, one count of use of extortionate means to collect and attempt to collect an extension of credit and one count of conspiracy to possess with intent to distribute cocaine. Zapata Velez was indicted by a federal grand jury in May 2020 along with co-conspirators Fabio de Jesus Yepes Sanchez, Miguel Colindres and Juan Pablo Ariasgil.
Zapata Velez and Yepes Sanchez were members of La Oficina de Envigado (La Oficina), a criminal organization based in Medellín, Colombia. La Oficina originated in the 1980s when its members provided enforcement and collection services for the Medellín Cartel, including deceased Medellín Cartel leader Pablo Escobar. Today, La Oficina is involved in international narcotics trafficking, drug debt collection, money laundering, extortion and murder for hire.
Zapata Velez and Yepes Sanchez conspired to use threats to extort approximately $750,000 in drug debt from two cocaine traffickers based in Massachusetts. Zapata Velez and Yepes Sanchez also conspired with Colindres and Pablo Ariasgil to obtain five kilograms of cocaine from the Massachusetts traffickers, sell those kilograms, and then repatriate the drug proceeds to Colombia, in partial satisfaction of the outstanding drug debt.
In May 2022, Ariasgil was sentenced to four years in prison and four years of supervised release after previously pleading guilty to his role in the cocaine conspiracy. On April 24, 2023, Colindres was sentenced to 51 months in prison and three years of supervised release after previously pleading guilty to his role in the cocaine conspiracy. On June 27, 2023, Yepes Sanchez pleaded guilty to his role in the cocaine conspiracy, and is scheduled to be sentenced on Oct. 5, 2023.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance in the investigation was provided by the Criminal Division’s Office of International Affairs of the Justice Department; the Internal Revenue Service’s Criminal Investigations in Boston; and the Government of Colombia. Assistant U.S. Attorneys Lauren A. Graber and Jared C. Dolan of the Criminal Division 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.
Former Marblehead Postal Worker Pleads Guilty to Conversion of Government MoneyRead the Press Release
BOSTON – A former U.S. Postal Service (USPS) employee pleaded guilty today in federal court in Boston in connection with two schemes to convert USPS funds.
Zeon Johnson, 28, of Saugus, pleaded guilty to one count of conversion of government money. U.S. District Court Judge Patti B. Saris scheduled sentencing for Dec. 1, 2023. In May 2022, Johnson was indicted by a federal grand jury.
Beginning in approximately August 2018, Johnson worked as a Sales and Service Distribution Associate for USPS at the Marblehead Post Office. As part of his job, Johnson sold stamps and processed money order transactions for USPS customers. From approximately July 2019 through June 2020, Johnson converted over $18,000 in USPS funds for personal use by stealing cash funds paid by customers for stamps and issuing USPS money orders payable to himself.
The charge of conversion of government money provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office, made the announcement today. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief of the Public Corruption & Special Prosecutions Unit and Assistant U.S. Attorney Elysa Wan of the Criminal Division are prosecuting the case.
Former Head of New Mission School Pleads Guilty to Misusing Nearly $40,000 in School FundsRead the Press Release
BOSTON – The former Head of School for New Mission School in Hyde Park, an autonomous pilot school within the Boston Public Schools system, pleaded guilty today to engaging in a scheme to defraud Boston Public Schools of approximately $38,806 by misusing school funds for her own personal use.
Naia Wilson, 60, of Mattapan, pleaded guilty to one count of wire fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Jan. 9, 2024. Wilson was charged on Aug. 1, 2023.
Wilson was employed as Head of School for New Mission School from 2006 until about June of 2019. Pilot schools like New Mission are granted maximum autonomy over their budget and spending. New Mission School receives a lump sum per pupil budget from Boston Public Schools and school administrators decide how to spend that money based on the needs of the school.
Pilot school budgets are managed by an external fiscal agent that contracts with Boston Public Schools. The school funds managed by the external fiscal agent were held in a bank account. In order to spend school funds managed by the external fiscal agent, Wilson, in her role as Head of School for New Mission School, would be required to make a formal check request to the external fiscal agent for a check to be issued from the bank account holding the school’s funds.
Beginning in or about September of 2016 and continuing until at least May of 2019, Wilson requested checks from the external fiscal agent school account to be issued in the name of other individuals, fraudulently endorsed those checks to herself and then deposited them into her own bank account without the nominee ever knowing or authorizing her to do so.
Additionally, Wilson requested checks from the external fiscal agent that were used to pay for two all-inclusive personal vacations to Barbados for herself and her friends in 2016 and 2018. For both the 2016 and 2018 Barbados trips, Wilson requested that the external fiscal agent issue checks payable to other people who went on the trips and then converted that money to pay for the all-inclusive hotel and airfare. Wilson also fraudulently endorsed the checks used to pay for the 2018 trip.
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Boston Police Commissioner Michael Cox made the announcement today. The Boston Public Schools were cooperative in the investigation. Assistant U.S. Attorneys Eugenia M. Carris and Charles Dell’Anno of the Criminal Division are prosecuting the case.
Federal Prison Employee Pleads Guilty to Accepting Payments from High-Net-Worth InmateRead the Press Release
BOSTON – A Correctional Counselor for the Federal Bureau of Prisons (BOP) assigned to Federal Medical Center Devens (FMC Devens) in Massachusetts pleaded guilty today to accepting payments from an inmate under his care, in violation of his duties as a public official. The defendant also pleaded guilty to lying to a bank about a loan he received from the inmate’s business associate and forging the associate’s signature to support this false claim.
William S. Tidwell, 49, of Keene, N.H., pleaded guilty to receipt of payments by a public official in violation of his official duties, making false statements to a bank and identity theft. U.S. Senior District Court Judge William G. Young scheduled sentencing for Dec. 7, 2023. Tidwell was charged on July 24, 2023.
Tidwell has been employed by the BOP since 2000 and has been working at FMC Devens since 2008. According to BOP’s rules and policies that govern the duties and conduct of its employees, employees may not receive any payments, gifts, or personal favors from inmates, give preferential treatment to any inmate in the performance of their duties, or engage in outside employment that conflicts with their duties.
In approximately 2014, Tidwell began working as a Correctional Counselor at FMC Devens, a position that give him significant levels of contact with, and authority over, inmates. Among other things, Tidwell was responsible for monitoring inmate work assignments, assigning inmate housing assignments, arranging inmate legal calls and coordinating prison visits for inmates. One of the inmates for whom Tidwell served as a Correctional Counselor was Individual 1 – an ultra-high net worth individual who had been convicted on federal charges in another jurisdiction. Starting in approximately 2018, Individual 1 caused a stream of benefits to be paid to Tidwell.
In November 2018, Tidwell supervised Individual 1, who directed a close friend and business associate (Individual 2) to wire $25,000 to Tidwell’s close family member. Thereafter, starting in 2019, Tidwell and Individual 1 entered into an agreement pursuant to which Tidwell received thousands of dollars as part of a property management agreement. Individual 2, the inmate’s close associate, made the payments to Tidwell. In total, between 2019 and 2020, Tidwell received over $65,000 in benefits as part of this property management agreement with Individuals 1 and 2. Tidwell’s receipt of payments and his employment relationship with an inmate or a close associate of an inmate violated his official duties as a BOP employee.
Separately, in 2020, Tidwell sought to purchase a home. In connection with seeking financing for the home purchase, Tidwell received a $50,000 loan from Individual 2. Tidwell made multiple false statements to the bank in connection with his loan application, falsely telling the bank that the $50,000 was a gift from his employer. When the bank asked for written proof of this purported gift, Tidwell forged documents to support his earlier claim, including by unlawfully using Individual 2’s name and address, and forging Individual 2’s signature.
The charge of receiving payments in violation of official duties 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. The charge of making false statements to a bank provides for a sentence of up to 30 years in prison, up to five years of supervised release and a fine of up to $1 million. The charge of identity theft provides for a sentence of up to five 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.
Acting United States Attorney Joshua S. Levy; Jodi Cohen Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Ryan T. Geach, Special Agent in Charge of the Department of Justice Office of the Inspector General New York Field Office made the announcement today. Valuable assistance in the investigation was provided by the Federal Bureau of Prisons. Assistant U.S. Attorneys Kunal Pasricha and Mark Grady of the Criminal Division are prosecuting the case.
Convicted Felon Arrested for Attempting to Trade Fentanyl for Four FirearmsRead the Press Release
BOSTON – A Quincy man was arrested yesterday for allegedly distributing fentanyl to obtain four firearms while a convicted felon.
Caesar Ross, 39, was charged with one count of being a felon in possession of firearms and one count of distribution and possession with intent to distribute fentanyl. Ross was arrested yesterday and, following an initial appearance in federal court in Boston this afternoon, was detained pending a hearing set for Sept. 8, 2023 at 2 p.m.
“This case allegedly involves the deadly cocktail of fentanyl and firearms. Our office is committed to do everything in our power to reduce the number of illegal guns on the streets and the amount of fentanyl that is sold in our communities,” said Acting United States Attorney Joshua S. Levy.
“This case illustrates the collaborative efforts by ATF, DEA and QPD to stop firearm trafficking and combat flow of fentanyl into our communities. This alleged illegal activity will not be tolerated and ATF will continue to aggressively partner with local, state and federal law enforcement agencies to target traffickers,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division.
According to court documents, in 2022, an investigation began into Ross, and others, for allegedly engaging in firearms trafficking and other violations of federal firearms and drug laws. It is alleged that Ross met with a cooperating witness yesterday in Quincy to whom he allegedly provided 60 grams of fentanyl in exchange for four firearms, each of which has no visible serial number: a Beretta 92F, 9 parabellum, pistol; a Beretta 96 Brigadier elite IA, .40S&W pistol; a Glock 22, .40S&W pistol; and a FN Herstal 5.7, 5.7x28 pistol. Ross was immediately taken into custody.
Ross is prohibited from possessing a firearm or ammunition due to a prior felony conviction.
The charge of being a felon in possession of a firearm and ammunition 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 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 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.
Acting U.S. Attorney Levy and ATF SAC Ferguson made the announcement today. Valuable assistance was provided by the Drug Enforcement Administration, New England Division and the Quincy Police Department.
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 violent crime and gun violence, 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.
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 More Than Five Years in Prison for Bank RobberyRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for robbing a TD Bank branch in Boston.
Coleman Nee, 42, was sentenced by U.S. District Court Judge Indira Talwani to 63 months in prison and three years of supervised release. In November 2022, Nee pleaded guilty to one count of bank robbery.
At approximately 4:15 pm on the afternoon of April 26, 2021 – one day after being released from Suffolk County House of Correction in an unrelated matter – Nee entered a TD Bank branch in Boston, showed a teller what appeared to be a firearm and threatened to kill a teller and a bank customer before robbing the bank of $990. Within 21 minutes of the robbery, Nee was apprehended by law enforcement inside a department store in Downtown Crossing. All but $10 of the stolen money was recovered from the defendant when he was apprehended. During booking, items were recovered from the defendant including a MBTA Charlie Card with a date/time stamp of April 26, 2021, at 4:23pm that reflected $10.00 in cash was used to purchase the Charlie Card.
According to court records, Nee’s prior criminal conduct includes a prior federal conviction for bank robbery, as well as state court convictions for, among other crimes, Armed Robbery, Assault Dangerous Weapon Possession of Firearm with no FID card, Possession of Ammunition with no FID card, Possession of a Firearm in the Commission of a Felony and Knowingly Receiving Stolen Property.
Acting United States Attorney Joshua S. Levy; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; Boston Police Commissioner Michael Cox; and Massachusetts Bay Transportation Authority Police Chief Kenneth Green made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of the Major Crimes Unit prosecuted the case.
Beverly Farms Man Pleads Guilty to Multi-Million Dollar Payroll SchemeRead the Press Release
BOSTON – A Beverly Farms man pleaded guilty today in connection with a payroll scheme involving underreporting of overtime hours for his union employees and failing to collect and pay payroll taxes.
Frank Loconte, 62, pleaded guilty to one count of mail fraud and one count of failing to pay taxes. U.S. District Court Judge Denise J. Casper scheduled sentencing for Nov. 29, 2023. Loconte was indicted by a federal grand jury in October 2022.
From 2009 to 2022, Loconte was the president of NER Construction Management Corporation, a Wilmington-based construction company that employed union workers. Loconte was also the president of the company’s employment management company, NER Management LLC. Loconte was responsible for collective bargaining with multiple unions, including the Bricklayers and Allied Craftsmen Local Union No. 3 and various local unions affiliated with the Massachusetts and Northern New England Laborers’ District Council of the Laborers International Union of North America. On behalf of NER, Loconte was bound by collective bargaining agreements with the unions which governed the transfer of worker benefit contributions to employee welfare and pension benefit plans, each of which was subject to ERISA provisions. As a result, NER was required to make periodic contributions to the benefit funds each hour worked by covered employees at rates prescribed and to deduct dues from the pay of each union worker which was also to be forwarded to the benefit funds.
From approximately January 2014 and May 2022, Loconte engaged in a scheme to defraud the union benefit funds and the IRS by paying certain of its union workers for overtime hours worked without reporting these hours to the union benefit funds and without making the required payroll tax withholdings and payments. At times, some NER employees were paid entirely in cash for overtime hours worked and, at other times, the employees were paid by check without the required withholdings. Loconte also caused NER to file false and fraudulent remittance reports with the benefit funds and the unions which underreported the overtime hours worked by these employees thereby depriving the benefit funds and unions of contributions owed to their members. Loconte also caused NER to file false and fraudulent IRS payroll taxes that underreported the amount of wages paid.
Instead of paying employment taxes, Loconte used NER business accounts to pay for personal expenses, including vehicles, personal property taxes, household improvements, and golf memberships, and failed to report these benefits to the IRS. As a result, Loconte defrauded union workers of more than $l million dollars for overtime work covered by the collective bargaining agreements and defrauded the IRS of more than $3 million by not making the required payroll tax and union dues withholdings and payments.
The charge of mail fraud 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 willful failure to collect and pay over taxes provide for a sentence of up to five years in prison, two 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; Carol S. Hamilton, Regional Director, U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; Jonathan Russo, District Director, U.S. Department of Labor, Office of Labor-Management Standards; Harry Chavis, Jr., Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Jonathan Mellone, Special Agent in Charge of Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations; and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Laura J. Kaplan of the Criminal Division is prosecuting the case.
Kentucky Man Pleads Guilty to Advertising Child PornographyRead the Press Release
BOSTON – A Kentucky man pleaded guilty today in federal court in Boston to advertising child sexual abuse material (CSAM) on the dark web.
Scott Allison, 58, of Glasgow, Ky., pleaded guilty to one count of advertisement of child pornography. U.S. District Court Judge Indira Talwani scheduled sentencing for Jan. 11, 2024. Allison was initially charged by criminal complaint in November 2021 in the Western District of Kentucky, and subsequently indicted by a federal grand jury in Boston in December 2021.
In April 2021, Allison was identified advertising and posting links to CSAM, including images of boys as young as approximately two years old, via a website on the dark web for which he served as a moderator. Allison used at least two different usernames on various websites on the dark web. During a search of Allison’s home in November 2021, an external hard drive was located plugged into Allison’s computer in his bedroom and found to contain approximately 130,000 images and videos of CSAM. Allison also had the content or text of approximately 108,000 posts to child pornography websites saved on his computer. Additionally, a box containing boy’s underwear, diapers and condoms as well as a silicone mold of a boy’s buttocks with partial genitalia were also found during the search.
The charge of advertisement of child pornography provides for a sentence of at least 15 years and up to 30 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.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; Michael A. Bennett, United States Attorney for the Western District of Kentucky; and Rana Saoud, Special Agent in Charge of Homeland Security Investigations in Nashville made the announcement today. Assistant U.S. Attorneys J. Mackenzie Duane and Luke A. Goldworm of the Major Crimes Unit are 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.
Malden Man Pleads Guilty to Trafficking Fentanyl and MethamphetamineRead the Press Release
BOSTON – A Malden man pleaded guilty yesterday in federal court in Boston to trafficking fentanyl disguised as oxycodone and Xanax, as well as methamphetamine disguised as Adderall in and around the Malden area.
Igor Desouza, 27, pleaded guilty to one count of possession with intent to distribute 500 grams or more of methamphetamine, 40 grams or more of fentanyl, and other controlled substances. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Dec. 1, 2023. Desouza was indicted by a federal grand jury in December 2021 along with co-defendant Matthew Ramos. Under the terms of Desouza’s plea agreement, he faces a sentence of 120 months in prison.
According to the charging documents, a search of the defendant’s residence in May 2021 resulted in the recovery of over 10,000 pills, which included over 2 kilograms of methamphetamine pills pressed to resemble Adderall or Xanax (some containing MDMA) and over 40 grams of fentanyl pills (some mixed with xylazine) pressed to resemble oxycodone. The search also resulted in the recovery of a firearm, loaded and unloaded magazines, hundreds of rounds of ammunition, LSD strips, oxycodone pills, MDMA pills, and oxycodone pills. A search warrant executed on Desouza’s phone yielded videos of him holding a firearm and pointing it at orange and blue pills, similar to the methamphetamine and fentanyl pills recovered during the search warrant at his home.The charge of possession with intent to distribute 500 grams or more of methamphetamine provides for a sentence of at least 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine of up to $10 million. The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to life in prison, at least four and up to a lifetime of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. The investigation was led by DEA’s New England Field Division’s Boston Tactical Diversion Squad. Special assistance was provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; the Malden Police Department; and the Middlesex District Attorney’s Office. Assistant U.S. Attorney Lindsey E. Weinstein of the Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Marine Arrested for Stealing More than $344,000 in Government Benefits and Submitting False Purple Heart Application to the United States Marine Corps Through His Local CongressmanRead the Press Release
BOSTON – A former United States Marine has been indicted by a federal grand jury in Springfield, Mass. for allegedly stealing benefit payments from the Department of Veterans Affairs and submitting a false Purple Heart application to the United States Marine Corps through his local Congressman.
Paul John Herbert, 52, of Shelburne Falls, Mass., was indicted on one count of theft of government money and one count of making false statements. Herbert was arrested this morning and was released on conditions following an initial appearance today in federal court in Springfield, Mass.
“Mr. Herbert’s alleged conduct is an affront to every veteran who has sacrificed to earn the honor of a Purple Heart and who is deserving of disability benefits. According to the indictment, he not only stole tens of thousands of dollars in disability benefits that are supposed to be used to help veterans in need, but he also falsely claimed to have suffered a traumatic brain injury during his deployment in an effort to receive a Purple Heart he didn’t deserve,” said United States Attorney Joshua S. Levy. “Every day, thousands of brave members of the military selflessly risk their lives to protect our country. Stealing from our country’s veterans or claiming valor where there is none is an insult to the honorable service members who sacrifice for our safety.”
“The VA Office of Inspector General remains committed to ensuring that VA benefits are administered to deserving recipients based on legitimate accounts of their military service,” said Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General (VA OIG) Northeast Field Office. “The VA OIG thanks our partners at the Defense Criminal Investigative Service and the U.S. Attorney’s Office for their efforts in this joint investigation.”
“Individuals who steal veterans disability benefits and falsely represent themselves as decorated veterans of the U.S. Armed Forces degrade the service of the men and women who selflessly serve our country,” said Patrick J. Hegarty, Special Agent in Charge of the U.S. Department of Defense, Defense Criminal Investigative Service (DCIS), Northeast Field Office, the law enforcement component of the Department of Defense Office of Inspector General. “Today's charges demonstrate our commitment to work with the U.S. Department of Veterans Affairs Office of Inspector General and the Department of Justice to investigate allegations of stolen military benefits.”
According to the indictment, from Jan. 1, 2010 to March 11, 2023, Herbert stole more than $344,000 in veterans disability benefits. In addition, on Oct. 24, 2018, Herbert allegedly submitted an application for a Purple Heart award to the United States Marine Corps through his local Congressman, in which Herbert falsely stated that he had suffered injuries, including traumatic brain injury, from a roadside explosion while deployed to Northern Iraq.
The charge of theft of government money provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of making a false statement provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting U.S. Attorney Levy, VA-OIG SAC Algieri and DCIS SAC Hegarty made the announcement today. Assistant U.S. Attorney Steven H. Breslow of the Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Pleads Guilty to Role in International Money Laundering ConspiracyRead the Press Release
BOSTON – A Boston man pleaded guilty yesterday to his involvement in a sophisticated international money laundering and drug trafficking organization.
Mariano Santana, 57, pleaded guilty to conspiracy to commit money laundering. U.S. District Judge Angel Kelley scheduled sentencing for Nov. 30, 2023.
In May 2023, Santana was among 12 individuals from Massachusetts, Rhode Island, New York and California charged in a superseding indictment for their alleged involvement in a sophisticated international money laundering and drug trafficking organization allegedly led by Jin Hua Zhang.
According to the charging documents, Zhang allegedly laundered bulk cash for drug dealers and laundered profits from other illegal businesses for a fee. It is alleged that, during the investigation, Zhang directed his co-defendant couriers, and others, to deliver to undercover agents hundreds of thousands of dollars in cash and millions of dollars in wire transfers and bank deposits. In total, Zhang and his organization allegedly laundered at least $25 million worth of drug proceeds and funds from other illegal businesses traced to Hong Kong and elsewhere in China, India, Cambodia, and Brazil, among other locations.
Santana was a courier who dropped off drug money to be laundered by the Zhang organization. On two separate occasions in June 2022, Santana delivered bulk cash deliveries of illicit proceeds to a cooperating witness in a Quincy parking lot. Specifically, on June 2, 2022, Santana provided the individual with a bag containing $30,000 in cash. On June 7, 2022, Santana delivered $29,800 in cash,
The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000, or twice the amount involved, whichever is greater. 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 and Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Christopher Pohl, Brian A. Fogerty and Meghan C. Cleary of the Criminal Division 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.
Worcester Man Indicted for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
BOSTON – A Worcester man has been indicted by a federal grand jury in Worcester for unlawfully possessing a firearm and ammunition as a convicted felon.
Ryan Davidson, 38, was indicted on one count of being a felon in possession of a firearm and ammunition.
According to the charging documents, on or about May 9, 2023 in Worcester, Davidson possessed a Taurus 9-millimeter pistol and 26 rounds of 9mm ammunition. Davidson is prohibited from possessing firearms and ammunition due to prior felony convictions.
The charge of being a felon in possession of a firearm and ammunition provides a sentence of up to 15 years, 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.Acting 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 Worcester Police Chief Steven Sargent made the announcement today. Assistant U.S. Attorney Kaitlin J. Brown of the Worcester Branch Office 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 violent crime and gun violence, 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.
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.
Norfolk Man Charged with Price Gouging N95 Masks in Early Months of COVID-19 PandemicRead the Press Release
BOSTON – A Norfolk, Mass. man has been charged and has agreed to plead guilty to conspiring to price gouge hospitals for scarce N95 filtering facepiece respirators (N95 masks) at the start of the COVID-19 pandemic.
Jason Colantuoni, 35, was charged by an Information with one count of conspiracy to commit price gouging in violation of the Defense Production Act. A plea hearing has not yet been scheduled by the Court.
According to the charging documents, on March 11, 2020, a longtime friend of Colantuoni (Individual 1) formed a company in Florida in response to the COVID-19 pandemic. It is alleged that from in or about March 2020 through April 2020, Colantuoni, Individual 1 and the company’s head of sales (Individual 2) conspired to use the company to exploit and profit off of the critical need of hospitals and healthcare workers for scarce N95 masks during the COVID-19 pandemic.
Specifically, Colantuoni, Individual 1 and Individual 2 allegedly accumulated N95 masks from various sources and then sold the N95 masks through the company to desperate hospitals in Massachusetts and elsewhere at prices in excess of the prevailing market price.
Prior to the COVID-19 pandemic, the hospitals to which the company sold N95 masks typically paid approximately $0.44 to $0.70 per respirator. Through the company, Colantuoni, Individual 1 and Individual 2 allegedly offered to sell N95 masks to hospitals for as much as $11.95 per mask.
Through the company, it is alleged that Colantuoni, Individual 1 and Individual 2 sold a total of approximately 1,000 boxes of N95 masks to various hospitals, with each box containing 20 or 30 masks. The weighted average price for the company’s purchases of N95 masks was approximately $4.48 per mask, while the weighted average price for the company’s sales of N95 masks to hospitals was approximately $9.91 per mask.
The charge of conspiracy to commit price gouging in violation of the Defense Production Act provides for a sentence of up to one year in prison, up to one year of supervised release and a fine of up to $10,000. 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; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorneys Bill Brady and Howard Locker of the Health Care Fraud 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 NCDF Web Complaint Form.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.
Mexican Man Sentenced to More Than Six Years in Prison for Illegally Re-Entering the United States and Trafficking FentanylRead the Press Release
BOSTON – A Mexican man residing in Lawrence was sentenced yesterday for possessing one kilogram of fentanyl intended for distribution and to illegally re-entering the United States after deportation.
Jesus Gracielo Garcia-Vega a/k/a Jonathan Ivan Badillo-Hernandez, 35, was sentenced by Chief U.S. District Court Judge F. Dennis Saylor to 75 months in prison followed by three years of supervised release. On March 20, 2023, Garcia-Vega pleaded guilty to one count of possession with intent to distribute fentanyl and one count of unlawful re-entry of a deported alien.
On March 23, 2022, Garcia-Vega gave a sample of fentanyl to a confidential source working with law enforcement. During that transaction, Garcia-Vega agreed to sell fentanyl the next day to the confidential source. On March 24, 2022, Garcia-Vega drove to the Premium Outlets in Wrentham with a kilogram of fentanyl inside a laundry bag, intending to sell it to the confidential source. Garcia-Vega was later stopped by police on I-495 in Westford and arrested. A Subsequent investigation determined that Garcia-Vega had been deported on several occasions from the United States, including most recently on March 23, 2016, after which he unlawfully re-entered the country.
“Fentanyl is an incredibly serious threat to public safety as it can have fatal consequences even in very small amounts. Mr. Garcia-Vega tried to pump a kilogram of this poison into our communities. It’s particularly disturbing that he engaged in this criminal behavior after entering this country unlawfully following several deportations,” said Acting United States Attorney Joshua S. Levy. “This office and our law enforcement partners will continue to relentlessly pursue fentanyl distributors and ensure the safety and well-being of Massachusetts residents.
“Fentanyl distribution is destroying people’s lives and wreaking havoc in our communities,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “DEA and our law enforcement partners will aggressively pursue and bring to justice individuals like Mr. Garcia-Vega who distribute this deadly drug. This sentence not only holds Mr. Garcia-Vega accountable for his crimes but serves as a warning that we will do everything in our power to keep this poison off the streets of Massachusetts.”
Acting U.S. Attorney Levy and DEA SAC Boyle made the announcement today. Valuable assistance in the investigation was provided by the Massachusetts State Police. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit prosecuted the case.
Former MBTA Transit Police Officer Indicted for False Reports Related to Assault at MBTA StationRead the Press Release
BOSTON – A former Sergeant with the Massachusetts Bay Transportation Authority (MBTA) Transit Police Department (Transit Police) was arrested today in connection with the alleged filing of false reports regarding another Transit Police Officer’s assault on a man at the Ashmont MBTA Station.
David S. Finnerty, 47, of Rutland, was indicted on two counts of false reports. Finnerty was arrested this morning and will appear in federal court in Boston later today.
“Our office holds the men and women who wear police uniforms and serve our communities in the highest regard. Instances of police misconduct are rare, but they need to be investigated and prosecuted when they do happen, especially when supervisors are involved as alleged here. For the good of the community and all the honorable officers and supervisors in the police ranks, misconduct of this nature cannot be tolerated. I commend the leadership of the MBTA Transit Police for their sustained cooperation in this investigation,” said Acting United States Attorney Joshua S. Levy.
“Today, the FBI arrested former Transit Police Sgt. David Finnerty for violating his oath by filing false reports to try and obstruct an investigation into another officer’s assault on a man at the MBTA’s Ashmont station. We believe Sgt. Finnerty not only failed to lead by example, but betrayed the trust placed in him by his fellow officers, and the public,” said Jodi Cohen Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Make no mistake, the FBI will do everything we can to help our law enforcement partners bring to justice anyone who violates their oath by trying to cover up civil rights violations, overshadowing the majority of officers who are dedicated, honest, and fully committed to enforcing our laws and building trust within their communities.”
According to the indictment, Finnerty was the Transit Police Officer in Charge and the supervisor of Transit Police Officer D.B. It is alleged that at or around 1:47 a.m. on July 27, 2018 at the Ashmont MBTA station, Officer D.B., while acting in his role as an officer, physically assaulted a man without legal justification. It is alleged that Finnerty falsified an arrest report and a Duty Supervisor/OIC Command Staff shift briefing regarding the incident involving Officer D.B. – specifically, by including false and misleading statements and by omitting material information.
The charge of false reports provides for a sentence of up to 20 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.
Acting U.S. Attorney Levy and FBI SAC Cohen made the announcement today. Assistant U.S. Attorneys Kristina E. Barclay and Assistant U.S. Attorney Julien Mundele are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boxing Gym Owner Pleads Guilty to COVID Fraud SchemeRead the Press Release
BOSTON – A Lynnfield man pleaded guilty today in federal court in Boston to fraudulently obtaining multiple Coronavirus Aid, Relief, and Economic Security (CARES) Act loans, including funds from the Payroll Protection Program (PPP), and unemployment benefits to which he was not entitled for his boxing gym.
Daniel Olivar, 44, pleaded guilty to four counts of wire fraud. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 6, 2023. Olivar was arrested and charged in December 2022.
Olivar was the owner of Sonny’s Boxing and Fitness, Inc., a boxing club and fitness center in in Middleton. Since at least 2019, Olivar engaged in a scheme to defraud and obtain CARES Act business loans, by filing false and fraudulent applications with the United States Small Business administration (SBA). This included an Economic Injury Disaster Loan from the SBA and a PPP loan. In addition, Olivar filed a claim for unemployment benefits with the State of Massachusetts, falsely claiming that he was laid off from Gold’s Gym. As a result, from January 2020 until at least May 2021, Olivar received unemployment benefits from the state of Massachusetts.
The charge of wire fraud 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.
Acting 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 Laura J. Kaplan of the Criminal Division is 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, 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.
Methuen Man Sentenced for Disaster Fund Fraud SchemeRead the Press Release
BOSTON – A Methuen man was sentenced today in federal court in Boston for using stolen identities to fraudulently obtain Economic Injury Disaster Loan funds from the Small Business Administration (SBA) and laundering the funds.
Ramon Joseph Cruz, Jr., 27, was sentenced by U.S. District Court Judge Richard G. Stearns to two years and one day in prison and three years of supervised release. Cruz was also ordered to pay restitution in an amount that will be determined at a future hearing. On May 18, 2023, Cruz pleaded guilty to one count of conspiracy to commit wire fraud and four counts of wire fraud and aiding and abetting.Between approximately April and December 2020, Cruz and co-defendant Darwyn Joseph conspired to use stolen identity information of United States citizens to apply for SBA Economic Injury Disaster Loans. Specifically, Cruz and Joseph used stolen identity information of U.S. citizens to open fraudulent bank accounts which were then linked to other fraudulent bank accounts set up to receive the SBA funds. Cruz and Joseph also received some of the debit cards associated with fraudulent bank accounts into which SBA funds were deposited, and then laundered those funds by using them to purchase large numbers of iPhones for re-sale. Cruz and Joseph also wired a portion of the funds to the Dominican Republic in furtherance of the scheme.
Over $452,000 in SBA funds were fraudulently obtained in connection with this scheme. Approximately $250,000 of this money was used to purchase iPhones in Massachusetts and New Hampshire.
Joseph pleaded guilty to his role in the conspiracy on July 12, 2023 and is scheduled to be sentenced on Oct. 19, 2023.Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Assistant U.S. Attorneys Elianna J. Nuzum and Adam W. Deitch of the Criminal Division 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 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 at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.