District of Massachusetts

BOSTON – A third individual has been charged and arrested in relation to the violent armed bank robbery on Martha’s Vineyard on Nov. 17, 2022.

Romane Andre Clayton, 21, of Jamaica, was arrested on Dec. 9, 2022 in Connecticut and charged with one count of being an accessory after the fact to armed bank robbery. He will appear in federal court in Boston at a later date. Two co-defendants, Miquel A. Jones and Omar Odion Johnson, were previously arrested and charged by the U.S. Attorney’s Office in Boston on Dec. 1, 2022. Jones and Johnson remain in state custody on related charges.

According to the charging documents, on the morning of Nov. 17, 2022, three masked and armed individuals forced their way into the rear door of the Rockland Trust bank in Tisbury. All three individuals were wearing dark colored clothing and white masks resembling an elderly man with exaggerated facial features. According to witnesses, each of the individuals were allegedly carrying what appeared to be semi-automatic handguns. The video surveillance also showed that one of the individuals was carrying what appeared to be a walkie-talkie. Once inside the bank, one of the individuals allegedly held a gun to the head of one of the bank employees and forced him to open the bank’s vault. It is further alleged that the individuals entered the vault and took approximately $39,100, then bound the employees with duct tape and plastic zip ties, demanded access to one of their vehicles, and left the premises in an employee’s car.  

A short time after the robbery, the stolen car was located in a parking lot approximately 2.3 miles from the bank and determined that, minutes after the robbery, the individuals allegedly left the parking lot in another vehicle.  

According to the charging documents, following an investigation, Jones and Johnson were identified as suspects. It is alleged that subsequent searches  resulted in the recovery of three $100 bills and clothing consistent with the robbers in Jones’ car; a black handgun from Johnson’s home; and paperwork reflecting both a money transfer to Jamaica in the approximate amount of $700 and cash deposits in the amount of $4,100 made at a bank in Connecticut in Johnson’s car. 

Additionally, according to the charging documents, during a search of the Tisbury farm used by a local landscaping company which employs Jones, a glove, paper money band, zip tie and multiple rubber band – items consistent with the bank robbery – were recovered. During the search, investigators observed an area that appeared to have had a recent fire, and found burned pieces of nylon, white metal plastic consistent with a white mask, burned walkie-talkie pieces, an antennae, batteries and pieces of metal consistent with a duffle bag zipper. Within a few feet of the burned area two semi-automatic handguns loaded with 9mm ammunition were discovered buried inches under the ground. These items, including the handguns, were consistent with items possessed by the robbers during the robbery of the Rockland Trust bank.

According to surveillance video obtained from the Steamship Authority ferry terminal in Vineyard Haven, it is alleged that less than 40 minutes after the robbery – at approximately 8:58 a.m. on Nov. 17, 2022 – Clayton was captured arriving in a silver sedan to a parking lot nearby the ferry terminal, parking the vehicle, purchasing ferry tickets and boarding a ferry at 9:21 a.m. Approximately 30 minutes later, at 9:53 a.m., Johnson is allegedly captured arriving to the same parking lot and getting into the driver’s seat of the silver sedan Clayton had previously arrived in and parked before boarding a ferry. It is further alleged that Johnson is later captured driving the silver sedan to the vehicle reservation clerk booth, purchasing a vehicle ferry ticket and boarding a freight ferry in the silver sedan at 12:24 p.m.

On Nov. 19, 2022, Jones was arrested on state charges of accessory after the fact and was later charged with armed and masked bank robbery in Edgartown District Court on Nov. 28, 2022. On Nov. 25, 2022, a criminal complaint and warrant were issued by the Edgartown District Court charging Johnson with the Nov. 17, 2022, masked and armed robbery of the Rockland Trust bank. Johnson was located and arrested in New Haven, Conn., and was taken into state custody. The investigation remains active and ongoing.

The charge of being an accessory after the fact to armed bank robbery provides for a sentence of up to 150 months 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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Cape & Islands District Attorney Michael O’Keefe; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Tisbury Police Chief Chris Habekos; West Tisbury Police Chief Matt Mincone; Edgartown Police Chief Bruce R. McNamee; Chilmark Police Chief Jonathan Klaren; Oak Bluffs Police Chief Jonathan Searle; Aquinnah Police Chief Randhi P. Belain; Canterbury (N.H.) Police Chief Michael Labrecque; and New Haven (Conn.) Police Chief Karl Jacobson made the announcement today. Valuable assistance was provided by the United States Postal Inspection Service; the Bureau of Alcohol Tobacco and Firearms; Immigration and Customs Enforcement; and the United States Customs and Border Protection. Assistant U.S. Attorneys Meghan Chambers Cleary and Kenneth G. Shine of Rollins’s Major Crimes Unit 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.

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

Daniel Lennon, 33, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 118 months in prison and five years of supervised release. On June 30, 2022, Lennon pleaded guilty to one count of distribution of five grams or more of methamphetamine and two counts of distribution of 50 grams or more of methamphetamine. 

In January and February 2021, investigators conducted three undercover purchases of methamphetamine from Lennon. On Jan. 13, 2021, Lennon delivered approximately 28 grams of 95% pure methamphetamine; on Jan. 19, 2021, Lennon delivered approximately 112 grams of 100% pure methamphetamine; and on Feb. 4, 2021, Lennon delivered approximately 110 grams of 87% pure methamphetamine. 

When investigators searched the hotel room where Lennon was staying, they located myriad drugs and drug distribution paraphernalia, including nearly 400 grams of fentanyl and fentanyl analogues, over 500 grams of methamphetamine, over 40 grams of cocaine and approximately $16,740 in cash.

United States Attorney Rachael S. Rollins 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 valuable assistance in the investigation. Assistant U.S. Attorney Lauren A. Graber of Rollins’ Criminal Division prosecuted the case.

BOSTON – A father and son were convicted by a federal jury yesterday in connection with a “ten-percenting” scheme in which they cashed winning Massachusetts state lottery tickets on behalf of the ticket holders to avoid taxes and receive tax refunds.    

Ali Jaafar, 63, and Yousef Jaafar, 29, both of Watertown, were convicted of one count of conspiracy to defraud the Internal Revenue Service, one count of conspiracy to commit money laundering and one count each of filing a false tax return. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for April 11, 2023 and April 13, 2023 for Ali Jaafar and Yousef Jaafar, respectively. Mohamed Jaafar, another of Ali Jaafar’s sons, who was also involved in the scheme, previously pleaded guilty to conspiracy to defraud the Internal Revenue Service on Nov. 4, 2022 and is scheduled to be sentenced on March 8, 2023.

“By defrauding the Massachusetts Lottery and the Internal Revenue Service, the Jaafars cheated the system and took millions of hard-earned taxpayers’ dollars. This guilty verdict shows that elaborate money laundering schemes and tax frauds will be rooted out and prosecuted,” said United States Attorney Rachael S. Rollins.

The defendants conspired with others to purchase winning lottery tickets at a cash discount from gamblers all over Massachusetts, often using convenience store owners to facilitate the transactions. This scheme—referred to as “ten-percenting” because the ticket purchasers typically keep between 10-20 percent of each ticket’s value—allows the real gamblers to avoid reporting the winnings on their tax returns. The defendants and co-conspirators then presented the winning tickets to the Massachusetts Lottery Commission as their own and collected the full value of the tickets. The defendants also reported the ticket winnings as their own on their income tax returns and claimed fake gambling losses to offset the claimed winnings, thereby avoiding federal income taxes and receiving tax refunds.  

Between 2011 and 2020, the defendants and their co-conspirators cashed more than 14,000 lottery tickets and claimed more than $20,000,000 in Massachusetts lottery winnings. Based upon their submitted lottery claims, in 2019, Ali Jaafar was the top individual lottery ticket casher for Massachusetts. Mohamed Jaafar was the third highest individual ticket casher and Yousef Jaafar was the fourth highest individual ticket casher. In total, the three family members received more than $1,200,000 in tax refunds by claiming other peoples’ lottery tickets as their own and then offsetting those winnings with fake gambling losses on their tax returns.
 
The charge of conspiracy to defraud the Internal Revenue Service provides for a sentence of up to five years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $500,000 or twice the value of the property involved in the transaction, whichever is greater, restitution and forfeiture. The charge of filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Rollins and Joleen Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistance was provided by the Massachusetts State Lottery Commission. Assistant U.S. Attorneys Christopher J. Markham and Kristen A. Kearney of Rollins’ Securities, Financial & Cyber Fraud Unit are prosecuting the case.

BOSTON – A Stoughton man has been sentenced in federal court in Boston on a federal weapons charge.  

Sanusie M. Kabba, 37, was sentenced on Dec. 8, 2022 by U.S. District Court Judge Patti B. Saris to 18 months in prison and three years of supervised release. Kabba was also ordered to pay a fine of $30,000. On Sept. 7, 2022, Kabba pleaded guilty to one count of being a felon in possession of a firearm.   

Kabba was arrested in September 2021 at Logan Airport after a loaded firearm was found in his carry-on luggage at a security checkpoint. Kabba was also found in possession of a driver’s license and two credit cards bearing the same stolen identity. 

Kabba was previously convicted in federal court of conspiracy to distribute at least 1,000 kilograms of marijuana, oxycodone, and cocaine and conspiracy to collect a debt by extortionate means, for which he served 63 months in prison.

United States Attorney Rachael S. Rollins; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement today. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – St. Vincent Hospital (St. Vincent) in Worcester has agreed to pay approximately $1.784 million to resolve allegations that it received impermissible “outlier” payments from Medicare by inflating its charges for cardiac surgical procedures and failed to fully reimburse the government for its receipt of these outlier payments after it became aware of the issue. As part of the settlement, St. Vincent admits that it received outlier payments to which it was not entitled.

Hospitals performing surgical procedures can receive reimbursement from Medicare by submitting a claim to a Medicare Administrative Contractor containing, among other information, a Diagnosis Related Group (DRG) code that identifies the procedure performed and the hospital’s costs and charges for the services and supplies provided in treating the patient. In some cases, a hospital might report having incurred extraordinarily high costs due to performing medically necessary services to address unforeseen complications for a particular patient. In such cases, where a hospital suffers losses in excess of a set threshold, Medicare will pay a hospital an “outlier” payment, in addition to the set reimbursement amount.  

St. Vincent admits that between 2018 and 2019, it increased its charges for all inpatient services, including for a cardiac surgical procedure known as a Transcatheter Aortic Valve Replacement (TAVR); once by 18%, and two more times by 15%. St. Vincent’s increased charges resulted in a greater number of Medicare outlier payments, including cases where outlier payments were not appropriate because there were no unforeseen complications or extended lengths of stay that led to the extraordinarily high costs. 

Although prior to settling with the United States, St. Vincent made a voluntary payment to the Medicare Administrative Contractor, that voluntary payment did not fully reimburse Medicare for all outlier payments St. Vincent received for TAVRs and other cardiac-related surgical procedures in cases where patients did not require an increased level of care or an extended length of stay resulting in extraordinarily high costs.  

United States Attorney Rachael S. Rollins and Phillip M. Coyne, Special Agent in Charge of the Department of Health and Human Service’s Office of Inspector General, Boston Regional Office made the announcement today. The matter was handled by Assistant U.S. Attorneys Steven Sharobem and Jessica J. Weber of Rollins’ Affirmative Civil Enforcement Unit.  
 

BOSTON – A New Jersey man was indicted by a federal grand jury yesterday in connection with a conspiracy to convince a Massachusetts victim to convert her bank account funds into gold, claiming her accounts had been compromised by purported drug traffickers.

Gaurang Contractor, 38, a citizen of India living in Jersey City, N.J., was indicted on one count of conspiracy to commit wire fraud. Contractor will appear in federal court in Worcester, Mass. on Dec. 16, 2022. Contractor was previously arrested on state charges on Aug. 8, 2022.  

According to the indictment, a man posing as an agent for the U.S. Drug Enforcement Administration (DEA) who referred to himself as “Oscar White,” contacted a victim in early August 2022 and told the victim that her bank accounts had been “compromised” by drug dealers. “Oscar White” directed the victim to withdraw funds from purported compromised bank accounts and to convert those funds to gold. It is alleged that White provided the victim with the name of a jewelry store in Hadley, Mass. where the victim could purchase the gold. White then allegedly directed the victim to leave the gold in an unlocked vehicle and promised to send a “court officer” to pick up the gold for safekeeping.  

On Aug. 8, 2022, Contractor drove from New Jersey to Hadley. According to court documents, Contractor conducted surveillance of the jewelry store where the victim had purchased the gold at the direction of White. Contractor allegedly followed the vehicle containing the supposed gold. Upon arriving at the meeting location, it is alleged that Contractor removed the two buckets from the vehicle and placed them in his own car. He was subsequently arrested.

The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to a $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Northwestern District Attorney David E. Sullivan; and Hadley Police Chief Michael A. Mason made the announcement today.  Valuable assistance also was provided by the Police Department of the Worcester County town in which the victim resides.  Assistant U.S. Attorneys Danial Bennett and Kaitlin Brown of Rollins’ Worcester Branch Office are prosecuting the case.  

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

BOSTON – A Melrose man has been charged in connection with possessing and receiving child sexual abuse material (CSAM). 

Patrick Baxter, 42, was charged with one count of receipt of child pornography and one count of possession of child pornography. Baxter was arrested on Dec. 7, 2022 and, following an initial appearance in federal court in Boston yesterday afternoon, was detained pending a detention hearing that has not yet been scheduled by the Court. 

According to the charging documents, Baxter downloaded CSAM from the internet on two occasions in June and July 2021. A computer hard drive seized during a search of Baxter’s residence was allegedly found to contain approximately 427 video files depicting CSAM. 

The charge of receipt of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of up to 10 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and the Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance was provided by the Melrose Police Department. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.

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

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

BOSTON – A federal jury in Boston convicted a Framingham man today for his role in a business email compromise (BEC) scheme.

Gustaf Njei, 27, was convicted following a five-day jury trial of two counts of wire fraud, one count of structuring to avoid reporting requirements, one count of unlawful monetary transactions, and one count of money laundering conspiracy. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for March 9, 2023. A federal grand jury indicted Njei in June 2021. 

The evidence at trial established that Njei conspired with others to open bank accounts in Massachusetts in the name of a sham company, to receive the criminal proceeds of a BEC scheme. A BEC scheme is a sophisticated scam often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques, to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by the scammers.

Njei’s co-conspirators used hacked and spoofed email accounts to trick the victims of the scheme into wiring hundreds of thousands of dollars to a bank account under Njei’s control. Njei then transferred part of the funds to a bank account located overseas, while splitting the remaining funds with a co-conspirator in the United States.

“Online criminals spend their days targeting millions of victims with increasingly sophisticated but fraudulent emails. They just need to fool a few people into surrendering their life savings or business revenues to hit a pay day,” said United States Attorney Rachael S. Rollins. “Mr. Njei created a bank account in the name of a fake company. These victims sent hundreds of thousands of dollars and suffered real harm as a result of this cyber scheme. People deserve to feel safe and protected in their communities – whether in person or online. Today’s verdict shows that we will find and hold scammers accountable to the fullest extent of the law.”  

“Last year, business email compromise scams cost consumers nationwide nearly $2.4 billion and here in Massachusetts victims reported losing almost $68 million. Gustaf Njei’s conviction today demonstrates the FBI’s commitment to holding accountable everyone who participates in these scams, which use lies and deceit to trick victims out of their hard-earned money,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division “We thank the jury for their swift verdict.”

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, or twice the gross gain or loss, whichever is greater. The charge of structuring to avoid reporting requirements provides for a sentence of up to five years in prison, three years of supervised release and a fine up to $250,000, or twice the gross gain or loss, whichever is greater. The charge of unlawful monetary transactions provides for a sentence of up to 10 years in prison, three years of supervised release and a fine up to $250,000, or twice the gross gain or loss, whichever is greater. The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000 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.

U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys William B. Brady and Benjamin A. Saltzman of Rollins’ Criminal Division are prosecuting the case.

BOSTON – Four individuals were indicted yesterday by a federal grand jury in Boston for their roles in a wide-ranging fentanyl trafficking conspiracy.

Angel Morales, 51, of Roslindale; Quenty Ogando, 44, of Dorchester; Erika Prado, 31, of Hyde Park; and Rahelin Reynoso, 33, of Dorchester, were indicted on one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl.  Morales was also charged with one count of distribution and possession with intent to distribute 400 grams or more of fentanyl.

According to the indictment, between September 2022 and November 2022, Morales, Ogando, Prado and Reynoso conspired to distribute and to possess with intent to distribute 400 grams or more of fentanyl. As part of the fentanyl distribution conspiracy, Morales allegedly used various post offices and FedEx facilities in Boston, Randolph, Holbrook, Quincy, Mattapan, Braintree, Milton and elsewhere to mail over 150 packages containing suspected fentanyl. On one occasion, on Sept. 23, 2022, it is alleged that Morales mailed over 850 grams of counterfeit pills containing fentanyl from a FedEx location in Randolph. On Nov. 22, 2022, during a search of an apartment in Mattapan allegedly being used as stash location by the defendants, over 22 kilograms of pills containing fentanyl, over 22 kilograms of loose powder containing fentanyl, three industrial grade pill presses, as well as numerous sealed envelopes containing various amounts of pills were recovered.

The charges of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl, as well as distribution and possession with intent to distribute 400 grams or more of fentanyl, provide for a sentence of up to life, with a mandatory minimum sentence of 10 years in prison, at least five 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.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge for Homeland Security Investigations in New England; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division made the announcement today. The Boston Police Department, U.S. Postal Inspection Service, Massachusetts State Police and United States Customs and Border Protection provided valuable assistance. Assistant U.S. Attorney Jennifer Zacks of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.  

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

BOSTON – A Florida man was indicted yesterday by a federal grand jury in connection with a conspiracy to use stolen identities to fraudulently obtain disaster loans from the Small Business Administration (SBA) and to launder the funds.  

Hector Garcia, 51, of Ocala, Fla., was charged with one count of conspiracy to commit wire fraud, three counts of wire fraud and two counts of aggravated identity theft. He will appear in federal court in Boston at a later date. Garcia was previously arrested and charged in August 2021. 

According to charging documents, Garcia conspired with others to use stolen identity information of United States citizens to apply for SBA Economic Injury Disaster Loans. It is alleged that Garcia used stolen identity information of a United States citizen to open a fraudulent bank account, which was then linked to other fraudulent bank accounts set up to receive the SBA funds. Garcia and his co-conspirators allegedly used debit cards associated with those accounts to launder the funds by purchasing iPhones for re-sale. It is also alleged that Garcia and other co-conspirators wired a portion of the funds to the Dominican Republic.

It is further alleged that over $452,000 in SBA funds were fraudulently obtained in connection with the scheme. Approximately $250,000 of this money was used to purchase iPhones in Massachusetts and New Hampshire.

The charges of wire fraud and conspiracy to commit wire fraud each provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of aggravated identity theft provides for a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to 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.

United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Valuable assistance was also provided by Homeland Security Investigations in Orlando, Fla.; Small Business Administration, Office of the Inspector General; Department of Housing and Urban Development, Office of the Inspector General; Social Security Administration, Office of the Inspector General; Department of Labor, Office of the Inspector General; Department of State; U.S. Postal Inspection Service; Massachusetts State Police; New Hampshire State Police; and the Acton, Nashua (N.H.), Manchester (N.H.) and Ocala (Fla.) Police Departments. Assistant U.S. Attorneys Elianna J. Nuzum and Adam W. Deitch of the Rollins’ Criminal Division 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, 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Worcester man was sentenced yesterday in connection with attempting to purchase a $56,000 Jeep Wrangler Rubicon with a counterfeit check. 

David Hogan, 58, was sentenced by U.S. District Court Judge Timothy S. Hillman to two years of probation, with four months spent in home confinement. The government recommended a sentence of six months in prison. On April 25, 2022, Hogan pleaded guilty to one count of wire fraud.

On March 31, 2021, Hogan visited a car dealership in Newton, where he agreed to purchase a Jeep Wrangler Rubicon for $56,208. Hogan tendered a check from Charles Schwab bank in the amount of the purchase price, took possession of the Jeep and drove it off the lot. When the car dealership attempted to cash the check, the bank did not honor it because the bank account had been frozen. The dealership contacted Hogan and advised that the check was not valid.

On April 9, 2021, using the dealership’s electronic chat app, Hogan promised the dealership that he would wire the money to the bank. Hogan did not ultimately wire any funds and the vehicle was repossessed by the dealership. A subsequent investigation revealed that the Charles Schwab account was opened using a stolen identity. 

Hogan later admitted that the phony check he used when attempting to purchase the Jeep had been printed by Brandon Brouillard who was charged separately with two counts of bank fraud and one count of aggravated identity theft in connection with using two victims’ identities to open bank accounts and attempting to purchase an $83,000 Chevrolet Camaro. On Sept. 13, 2022, was sentenced by Judge Hillman to 47 months in prison and five of supervised release. 

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance was provided by the Boston, Braintree, Natick, Newton, Norwood, Worcester and Scottsdale (Ariz.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Criminal Division prosecuted the case.

BOSTON – A Worcester man was indicted today by a federal grand jury in connection with his alleged role in a cocaine distribution conspiracy. 

Luis Torres, 45, was indicted on one count of conspiring to possess with the intent to distribute more than five kilograms of cocaine and one count of use of a communication facility to facilitate a drug felony. Torres was initially arrested and charged on June 21, 2022 and has remained in custody since. He will appear in federal court in Boston at a later date. 

In or about June 2022, Torres allegedly conspired with others to possess and distribute more than 5 kilograms of cocaine. According to the charging documents, Torres was previously convicted of drug trafficking and served more than a year in state prison.

The charge of conspiring to distribute five or more kilograms of cocaine provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five 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 other statutory factors. 

United States Attorney Rachael S. Rollins; Matthew Millhollin, Special Agent in Charge for Homeland Security Investigations in New England; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Kaitlin Brown of Rollins’ Worcester Branch Office is prosecuting the case.

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

BOSTON – A Lynnfield man has been indicted by a federal grand jury in connection with a scheme to fraudulently obtain 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.

Daniel Olivar, 43, was indicted on four counts of wire fraud. Olivar was arrested this morning and will appear in federal court in Boston this afternoon. 

According to the charging documents, Olivar was the owner of Sonny’s Boxing and Fitness, Inc. in Middleton. It is alleged that, since at least 2019, Olivar engaged in a scheme to defraud and to 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 (EIDL) from the SBA and a PPP loan. In addition, Olivar allegedly 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, it is alleged that 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.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Laura J. Kaplan of Rollins’ 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.

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 – The former chairman of the Massachusetts-based company Arch Therapeutics, Inc. pleaded guilty yesterday to three felony securities offenses, two of which concerned his undisclosed sale of over $1.3 million worth of company shares.

Avtar Singh Dhillon, 61, of Long Beach, Calif., pleaded guilty to one count of willful failure to disclose stock sales, one count of aiding and abetting the sale of unregistered securities and one count of touting compensation nondisclosure conspiracy. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for April 18, 2023. Dhillon was arrested and charged by criminal complaint in August 2021. He was subsequently charged by an Information on Sept. 30, 2022.

Dhillon and his then attorney, Daniel V. Martinez, placed 2.75 million Arch Therapeutics shares that Dhillon beneficially owned into a limited liability company that Martinez created. Dhillon and Martinez then worked together to sell the shares in the open market without a valid exemption under the relevant securities laws and to distribute the approximately $1.34 million in proceeds. The proceeds were distributed primarily to third parties for Dhillon’s benefit, with a small portion distributed to Martinez directly. Dhillon thereafter willfully failed to report the stock sales to the U.S. Securities & Exchange Commission and the investing public, as he was required to do.

Martinez was also charged and has agreed to plead guilty to one count of sale of unregistered securities. Martinez’s plea hearing is scheduled for Dec. 15, 2022.

Separately, Dhillon also participated in a securities conspiracy involving the nondisclosure of compensation paid to a subscription newsletter analyst. Specifically, Dhillon agreed with others to cause Emerald Health Pharmaceuticals (EHP), a life sciences company in San Diego, to indirectly compensate a subscription newsletter analyst to tout a securities offering by EHP without the analyst or the newsletter disclosing the compensation, as required under securities laws. Dhillon was both a one-time board member of and an indirect shareholder in EHP, which raised tens of millions of dollars in the securities offering. 

The charge of willful failure to disclose sales provides for a sentence up to 20 years in prison, three years of supervised release and a fine of $5 million. The charge of sale of unregistered securities provides for a sentence up to five years in prison, three years of supervised release and a fine of $10,000. The charge of touting compensation nondisclosure conspiracy provides for a sentence 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.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office made the announcement. Valuable assistance was provided by SEC’s headquarters, Boston and Los Angeles regional offices. Assistant U.S. Attorney James R. Drabick of Rollins’ Securities, Financial & Cyber Fraud 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.

BOSTON – A Worcester man pleaded guilty on Dec. 5, 2022 to distributing fentanyl and methamphetamine.

Johanny Torres-Rojas, 56, pleaded guilty to two counts of distribution of and possession with intent to distribute fentanyl and one count of distribution of and possession with intent to distribute methamphetamine and fentanyl. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for March 31, 2023. Torres-Rojas was charged by criminal complaint in January 2020 and subsequently indicted by a federal grand jury in February 2020. Torres-Rojas was later charged in a superseding Information in November 2022 and pleaded guilty.

Between November 2019 and January 2020, Torres-Rojas distributed fentanyl to a confidential source in at least three controlled purchases. Specifically, on Nov. 20 and Nov. 26, 2019, Torres-Rojas distributed fentanyl pills to a confidential source at a Goodwill Store in Worcester. Later, on Jan. 13, 2020, Torres-Rojas distributed pills containing fentanyl and methamphetamine to the confidential source outside of the same Goodwill Store. In total, Torres-Rojas distributed approximately 835 grams of pills containing methamphetamine and 102 grams of pills containing fentanyl across the three purchases.

The charges of distribution of and possession with intent to distribute fentanyl and methamphetamine provide for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Valuable assistance was provided by the Worcester Police Department. Assistant U.S. Attorneys Lucy Sun and Samuel R. Feldman of Rollins’ Criminal Division are prosecuting the case. 

BOSTON – A Worcester man has been arrested and charged in connection with transferring obscene material to a 14-year-old minor.

Andrew James Gallagher, 28, was charged with one count of transfer of obscene material to a minor. Gallagher was arrested yesterday morning and, following an initial appearance in federal court in Worcester, was detained pending a detention hearing scheduled for Dec. 9, 2022.

According to the charging document, in April 2022, Gallagher contacted the victim using a social media platform. It is alleged that Gallagher asked, “are you underage at all?” to which the minor victim replied identifying himself as 14 years old. Gallagher then allegedly sent two obscene images of himself to the minor victim, expressed interest in meeting with the minor victim in person and asked the minor victim to send an explicit video of himself to Gallagher. 

The charge of transfer of obscene material to a minor 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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Worcester Police Chief Steven M. Sargent; and Matthew B. Millhollin, Special Agent in Charge of the Homeland Security Investigation’s in New England made the announcement. Valuable assistance was provided by the Federal Bureau of Investigation, Omaha Division. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office is prosecuting the case.

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

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

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 – Two Worcester County men were arrested today for conspiring to traffic in contraband smokeless tobacco.

Mohammad Hanif Balaparya, 61, of Shrewsbury, and Rakesh Garg, 52, of Holden, were indicted by a federal grand jury with one count each of conspiracy to transport, possess, purchase and distribute in excess of 500 units of contraband smokeless tobacco. Balaparya was also indicted on one count of transporting and possessing over 500 units of smokeless tobacco. The defendants were arrested this morning and were released following an initial appearance in federal court in Worcester this afternoon. 

According to the indictment, throughout 2017, Balaparya and Garg rented a commercial box truck on an almost weekly basis to drive to Pennsylvania. While in Pennsylvania, Balaparya allegedly purchased significant quantities of smokeless tobacco, which he transported back to Massachusetts and stored at his home. On one occasion, on Dec. 7, 2017, Balaparya allegedly transported more than 500 units of smokeless tobacco from Pennsylvania to Massachusetts. It is further alleged that Balaparya and Garg distributed the smokeless tobacco to certain convenience store owners in Massachusetts. By doing so, the two men evaded over $2 million in excise taxes that wholesale distributors of smokeless tobacco in Massachusetts are required to pay.  

The charging statute provides for a sentence of up to five years in prison for each count, up to three years of supervised release, and a fine of $250,000, and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Geoffrey E. Snyder, Commissioner of the Massachusetts Department of Revenue made the announcement today. Valuable assistance in the investigation was provided by the Shrewsbury and Holden police departments. Assistant U.S. Attorneys Greg A. Friedholm and Lucy Sun of Rollins’ Worcester Branch Office are prosecuting the case.

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

BOSTON – A Revere man pleaded guilty yesterday to possessing cocaine and fentanyl as well as receiving a firearm while under indictment for felony charges. 

Cesar Rivera, 23, pleaded guilty to one count of possession with intent to distribute cocaine and fentanyl and one count of receipt of a firearm while under indictment for felony charges. U.S. District Court Judge Richard G. Stearns scheduled sentencing for April 6, 2023. Rivera was indicted by a federal grand jury on Jan. 12, 2022. He has been in federal custody since July 2021.

In December 2020, Rivera was wanted on outstanding warrants on multiple state gun cases for which he had failed to respond court summonses or appear in court for over a year. On Dec. 22, 2020, law enforcement located Rivera at a carwash in Malden and was subsequently arrested. At the time of his arrest, Rivera was carrying approximately 28 grams of crack cocaine, fentanyl and a Glock firearm. 

In October 2020, two months prior to his arrest, while wanted on the outstanding warrants, Rivera and another individual named Phillips Charles (charged separately) had a brief encounter with a rival gang member, his girlfriend and their one-year-old child at the Square One Mall in Saugus. After the encounter, Rivera and Charles pursued the victim and his family and fired at least seven rounds into their vehicle. Following Rivera’s arrest, ballistics examination of the Glock firearm recovered from Rivera in December 2020 revealed that it had been used in the October 2020 shooting. 

On Sept. 7, Charles was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 78 months in prison and four years of supervised release.

The charge of possession with intent to distribute cocaine and fentanyl 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 $5 million. The charge of possession of firearm in furtherance of a drug trafficking crime provides for a sentence of at least five years and 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.

First Assistant United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Malden Police Chief Kevin Molis made the announcement. Valuable assistance was provided by the Massachusetts State Police; the Middlesex County and Suffolk County District Attorney’s Offices; and the Boston Police Department. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime and Gang Unit is 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.

BOSTON – An Acton man was sentenced yesterday in federal court in Boston in connection with his role in a scheme to defraud the U.S. Treasury Department of more than $50 million in tax-free energy grants as part of the American Recovery and Reinvestment Act of 2009. 

Christopher N. Condron, 50, was sentenced by U.S. District Court Judge Indira Talwani to seven years in prison and three years of supervised release. Condron was also ordered to pay $8.7 million in restitution and forfeiture. In September 2021, Condron was convicted by a federal jury of conspiracy to defraud the United States with respect to claims and three counts of wire fraud. 

In August 2017, Condron was indicted for conspiring to submit fraudulent applications to the Treasury Department for energy grants available as part of the American Recovery and Reinvestment Act of 2009. The Recovery Act provided tax-free grants to individuals and businesses who put certain “specified energy property”—such as wind farms and gasification systems that convert trash into electricity—into service in a trade or business.

From May 2009 to June 2013, Condron and his co-conspirators submitted fraudulent grant applications to the Treasury Department on behalf of four different Massachusetts companies: Acton Bio Energy; Concord Nurseries; Kansas Green Energy; and Ocean Wave Energy. For each of the applications, Condron falsely claimed that the entities had acquired, placed into service, or started construction of energy property, which included three different bio-fuel gasification systems, purportedly built at a cost of approximately $88 million, and an $84 million wind farm project. Condron and his co-conspirators sought to be reimbursed for more than $50 million based on those costs—which they never actually incurred. To support their applications, Condron submitted fraudulent documentation to a Massachusetts-based attorney who, in turn, submitted the applications to the Treasury Department. Evidence at trial demonstrated that Condron vastly overstated property costs in the grant applications and as a result, defrauded the government out of more than $8.7 million. Additionally, further evidence showed that Condron attempted to obtain another $42 million in energy grants.

United States Attorney Rachael S. Rollins and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Special assistance was provided by the U.S. Department of Treasury, Office of Inspector General, Office of Investigations. Assistant U.S. Attorneys Neil J. Gallagher, Jr. and Elysa Q. Wan of Rollins’ Public Corruption & Special Prosecutions Unit prosecuted the case. 

BOSTON – A former Malden firefighter was sentenced yesterday in federal court in Boston for conspiring to distribute controlled substances including oxycodone, suboxone, Klonopin and Adderall.

Joshua Eisnor, 43, of North Reading, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years of probation. Eisnor was also ordered to pay a $2,000 fine and forfeiture of $900. On June 23, 2022, Eisnor pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute controlled substances.

While working as a firefighter at the Malden Fire Department, Eisnor distributed controlled substances to other members of the Malden Fire Department.  

"Mr. Eisnor compromised the integrity, security and operations of the Malden Fire Department by distributing controlled substances. As a firefighter, Mr. Eisnor was responsible for protecting the Malden community. Instead, he dishonored his noble profession and sold drugs while on duty,” said United States Attorney Rachael S. Rollins. “His conduct also jeopardized the safety of his fellow firemen and women who – like the overwhelming majority of public servants – do their jobs with honor, dignity and controlled substance free.”

“It is dishonorable for a firefighter to break the law and breach the trust of his community that he took an oath to protect, but that is exactly what Joshua Eisnor did while dealing drugs on duty to his fellow firefighters, putting them, and the citizens of Malden, in potential danger,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This case illustrates the FBI’s commitment to bringing to justice those who deliberately compromise the integrity of their position for their addictions.”

“Prescription drugs offered illegally have no guarantees of safety or efficacy and hold the potential to harm those who use them,” said Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who put the health of the public at risk.”

U.S. Attorney Rollins, FBI SAC Bonavolonta, FSA-CI SAC McMillan and Christopher F. Algieri, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General’s Northeast Field Office made the announcement. Special assistance was provided by the Merrimack Valley Transnational Organized Crime Task Force. Assistant U.S. Attorneys Eugenia M. Carris, Deputy Chief of Rollins’ Public Corruption & Special Prosecutions Unit and Howard Locker of Rollins’ Health Care Fraud Unit prosecuted the case.

BOSTON – A Rhode Island woman, formerly of North Easton, Mass. was sentenced on Dec. 2, 2022, in federal court in Boston for stealing approximately $74,000 in Veteran Affairs (VA) and Office of Personnel Management (OPM) benefits from a veteran she was supposed to be protecting.    

Lisa Heino, 55, of Newport, R.I., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to two months in prison followed by three years of supervised release, with the first 10 months to be served in home confinement. Heino was also ordered to pay restitution of $74,045. On Aug. 2, 2022, Heino pleaded guilty to two counts of theft of public funds. 

In May 2014, Heino was appointed by the Massachusetts state court to serve as the conservator for the victim who was a disabled veteran and retired federal employee. Later, in October 2014, Heino became the OPM representative payee for the victim as well. As a court appointed conservator and representative payee, Heino had access to the federal VA and OPM monthly benefit payments that were directly deposited into the victim’s bank account. In this capacity, Heino transferred federal VA and OPM benefit payments from the victim’s bank account to her own bank account and used the funds for her own expenses. Specifically, from in or about June 2017 through August 2018, Heino stole or converted approximately $44,191 in VA funds she was not entitled to for her own use. Additionally, from in or about January 2017 through January 2019, Heino stole or converted approximately $29,853 in OPM funds she was not entitled to for her own use. 

After Heino was removed as conservator in 2017 and representative payee in 2019, she continued to access the victim’s bank account and federal benefits. When interviewed by authorities, Heino admitted to withdrawing the benefit payments from the victim’s bank account and depositing the funds into her own account for her personal use while serving as conservator and representative payee.

United States Attorney Rachael S. Rollins; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Scott A. Rezendes, Special Agent in Charge of the Office of Personnel Management made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – Northeast Hospital Corporation (Northeast), part of Beth Israel Lahey Health, has agreed to pay $1.9 million in civil penalties to resolve allegations that Northeast violated the Controlled Substance Act (the CSA) by failing to keep accurate records of controlled substances, including opioids. 

The CSA requires accurate inventorying and tracking of each controlled substance in circulation, from the manufacturer to the ultimate user. The recordkeeping requirements are intended, in part, to prevent misuse of controlled substances and avoid overdoses or other harms.

Northeast does business as Beverly Hospital in Beverly, Mass.; Lahey Outpatient Center Danvers in Danvers, Mass.; BayRidge Hospital in Lynn, Mass.; and Addison Gilbert Hospital in Gloucester, Mass. Each of these four locations is separately registered with the Drug Enforcement Agency (DEA) to handle controlled substances.  

The DEA began investigating Northeast after it reported on March 22, 2018, that an employee had stolen 17,846 dosage units of controlled substances, including fentanyl, Percocet, oxycodone, dextroamphetamine and MS Contin, over more than a year. Northeast discovered the diversion in the course of implementing improvements to its pharmacy operations and controlled substances accountability procedures, and promptly suspended the employee.  

The settlement resolves allegations that Northeast’s recordkeeping was not in compliance with the CSA and its regulations. According to the admissions in the settlement, Northeast ordered controlled substances under Beverly Hospital’s DEA registration but subsequently transferred the location of those drugs to other Northeast locations, without notifying the DEA of such inter-registrant transfers. DEA requires that registrants notify the agency of transfers of controlled substances between registrants through filings with the DEA, even when transfers are among affiliated entities. The settlement also resolves allegations that, based on DEA’s  audit of the controlled substances that Northeast had on site, Northeast’s actual controlled substances inventory differed from what its records showed should be present.  

As part of the settlement, in addition to the improvements undertaken by Northeast voluntarily, both before and after the DEA investigation, Northeast has agreed to additional security and recordkeeping measures.  

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Thomas E. Kanwit of Rollins’ Civil Division handled the matter.

BOSTON – Two men have been charged in federal court in Boston in connection with the Nov. 17, 2022 armed bank robbery of the Rockland Trust bank in Tisbury, Mass.

Miquel Antonio Jones, 39, of Edgartown, and Omar Odion Johnson, 32 of Canterbury, N.H., were charged with one count each of armed bank robbery. The defendants are currently in state custody on related charges and will appear in federal court in Boston at a later date. 

According to the charging documents, on the morning of Nov. 17, 2022, three masked and armed individuals forced their way into the rear door of the Rockland Trust bank in Tisbury. All three individuals were wearing dark colored clothing and matching white masks that resembled an elderly man with exaggerated facial features. According to witnesses, each of the individuals were allegedly carrying what appeared to be semi-automatic handguns. The video surveillance also showed that one of the individuals was carrying what appeared to be a walkie-talkie. Once inside the bank, one of the individuals allegedly held a gun to the head of one of the bank employees and forced him to open the bank’s vault. It is further alleged that the individuals entered the vault and took approximately $39,100, then bound the employees with duct tape and plastic zip ties, demanded access to one of their vehicles, and left the premises in an employee’s car.  

A short time after the robbery, law enforcement located the stolen car in a parking lot approximately 2.3 miles from the bank and determined that, minutes after the robbery, the individuals allegedly left the parking lot in another vehicle.  

According to the charging documents, following an investigation by law enforcement, Jones and Johnson were identified as suspects. It is alleged that subsequent searches by law enforcement resulted in the recovery of three $100 bills and clothing consistent with the individuals’ in Jones’ car; a black handgun from Johnson’s home; and paperwork reflecting both a money transfer to Jamaica in the approximate amount of $700 and cash deposits in the amount of $4,100 made at a bank in Connecticut in Johnson’s car. 

Additionally, according to the complaint affidavits, during a search of the Tisbury farm used by a local landscaping company which employs Jones, a glove, paper money band, zip tie and multiple rubber band – items consistent with the bank robbery – were recovered. During the search, investigators observed an area that appeared to have had a recent fire, and found burned pieces of nylon, white metal plastic consistent with a white mask, burned walkie-talkie pieces, an antennae, batteries and pieces of metal consistent with a duffle bag zipper. Within a few feet of the burned area two semi-automatic handguns loaded with 9mm ammunition were discovered buried inches under the ground. These items, including the handguns, were consistent with items possessed by the robbers during the robbery of the Rockland Trust bank.

On Nov. 19, 2022, Jones was arrested on state charges of accessory after the fact and was later charged with armed and masked bank robbery in Edgartown District Court on Nov. 28, 2022.  He is in state custody.  On Nov. 25, 2022, a criminal complaint and warrant were issued by the Edgartown District Court charging Johnson with the Nov. 17, 2022, masked and armed robbery of the Rockland Trust bank. Johnson was located and arrested in New Haven, Conn., and is currently in state custody awaiting arraignment in the Edgartown District Court. The investigation remains active and ongoing.

The charge of armed bank robbery provides for a sentence of up to 25 years 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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Cape & Islands District Attorney Michael O’Keefe; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Tisbury Police Chief Chris Habekos; West Tisbury Police Chief Matt Mincone; Edgartown Police Chief Bruce R. McNamee; Chilmark Police Chief Jonathan Klaren; Oak Bluffs Police Chief Jonathan Searle; Aquinnah Police Chief Randhi P. Belain; Canterbury (N.H.) Police Chief Michael Labrecque; and New Haven (Conn.) Police Chief Karl Jacobson made the announcement today. Valuable assistance was provided by the United States Postal Inspection Service; the Bureau of Alcohol Tobacco and Firearms; Immigration and Customs Enforcement; and the United States Customs and Border Protection. Assistant U.S. Attorneys Meghan C. Cleary and Kenneth G. Shine of Rollins’s Major Crimes Unit 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.

BOSTON – A Texas man was arrested and charged today in connection with threatening a Boston doctor providing care to members of the transgender community.

Matthew Jordan Lindner, 38, of Comfort, Texas, was charged with one count of transmitting interstate threats. Lindner was arrested this morning and will make an initial appearance in the Western District of Texas this afternoon. He will appear in federal court in Boston at a later date.

“Death threats instill fear and terror in their targeted audiences. The conduct alleged here is not protected free speech. The words used here do not amount to someone simply expressing their discontent or engaging in a heated debate. Mr. Lindner’s alleged conduct – a death threat – is based on falsehoods and amounts to an act of workplace violence. The victim, a Doctor caring for gender nonconforming and transgendered patients, should be able to engage in this meaningful and necessary work without fear of physical harm or death. And although the Doctor is clearly a victim, Mr. Lindner’s threat is rooted in a hatred of the LGBTQIA+ community and the families, friends and people that love and support them. They are victims too,” said United States Attorney Rachael S. Rollins. “There used to be a respite and safe haven from harm or attack in our schools, churches, hospitals and courthouses.  We used to extend that decency and respect to even our fiercest adversaries.  Sadly, those days appear to be gone. The Department of Justice has pledged to protect the rights of the gender nonconforming and transgendered community, which includes the health care providers who render care and support. This office will vigorously investigate and prosecute individuals who engaged in hate crimes, including threats. Today’s charges show that we will scour the country to ensure the safety and wellbeing of people in Massachusetts. Hate has no place here.”

“Today, the FBI arrested Matthew Lindner for allegedly harassing and threatening to kill a physician at the Fenway Institute solely because she was caring for gender nonconforming children. While everyone has a right to express their opinion, they don’t have a right to use or threaten violence against individuals who do not share their same set of beliefs,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “No one should have to live in fear of violence because of who they are, what kind of work they do, where they are from, or what they believe. This case is unfortunately one of many others that illustrates FBI Boston’s commitment to thwarting potential violent incidents motivated by hate and bias and holding the individuals behind them accountable.”

According to the charging documents, in August 2022, inaccurate information spread online regarding procedures at Boston Children’s Hospital (BCH) for the transgender community. It is alleged that on Aug. 31, 2022, Lindner called the Boston-based National LGBTQIA+ Health Education Center and left a threatening voicemail targeting one of the Center’s affiliated doctors. In that voicemail, Lindner allegedly said: “You sick motherf*****s, you’re all gonna burn. There’s a group of people on their way to handle [victim]. You signed your own warrant, [victim]. Castrating our children. You’ve woken up enough people. And upset enough of us. And you signed your own ticket. Sleep well, you f******, c***.”

In August 2022, U.S. Attorney Rollins announced the creation of the “End Hate Now” hotline - 1-83-END-H8-NOW (1-833-634-8669) - for reporting hate-based incidents or potential criminal activity. Massachusetts residents and visitors are encouraged to call the hotline to report concerning or troubling incidents of hate, potential hate crimes, or concerns regarding individuals believed to be espousing the hate-filled views or actions we learn of far too often in the wake of mass shootings and/or acts of hate-based violent extremism. Callers are encouraged to leave their contact information but may remain anonymous. At this time, the hotline is available in English, Spanish, Cantonese and French.

The charge of transmitting interstate threats 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.

U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Brian A. Fogerty of Rollins’ Human Trafficking & Civil Rights Unit is prosecuting the case.

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

BOSTON – A Rockland man was indicted yesterday by a federal grand jury in Boston on charges of distribution and possession of child sexual abuse material (CSAM).

Donald J. Caruso, 41, was indicted on one count of distribution of child pornography and one count of possession of child pornography. Caruso was previously arrested and charged on Nov. 7, 2022. 

According to the charging documents, in early-November 2022, Caruso used an online communication platform to send an undercover agent links to videos depicting the sexual abuse of children. A forensic examination of devices seized from Caruso’s residence allegedly revealed images and videos depicting CSAM. 

The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of the Homeland Security Investigation’s in New England; Rockland Chief of Police Nicholas Zeoli; and Plymouth County District Attorney Timothy J. Cruz made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ Major Crimes Unit is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

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

BOSTON – A member of a violent Brockton drug crew pleaded guilty yesterday to fentanyl distribution and firearm charges in federal court in Boston.

Placido Pereira, 36, of Brockton, pleaded guilty to conspiracy to distribute fentanyl; three counts of distribution of fentanyl; one count of possession with the intent to distribute marijuana; one count of being a felon in possession of a firearm and ammunition; and one count of possessing a firearm during a drug trafficking offense. U.S. District Court Judge Richard G. Stearns scheduled sentencing for April 5, 2023. Pereira was indicted along with three co-conspirators in November 2019.
  
“Mr. Pereira has had many previous encounters with the criminal legal system, yet continues to engage in illegal activity. Most recently, he distributed fentanyl – a deadly synthetic opioid up to 50 times stronger than heroine and up to 100 times stronger than morphine – into the Brockton community and surrounding neighborhoods.  Although his criminal record strictly forbids him from doing so, Mr. Pereira also possessed a firearm to further his drug trafficking activities. Now, he is a federally convicted felon,” said United States Attorney Rachael S. Rollins. “We will continue to target all necessary federal resources into combatting the flow of opioids and narcotics into our state and making sure those with a substance use disorder get the treatment they need.”

“Pereira and his co-conspirators ran a drug trafficking enterprise that distributed deadly fentanyl in communities across southern Massachusetts, continuing the insidious expanse of the opioid crisis in our neighborhoods. Pereira’s record already shows multiple convictions related to his involvement in drug trafficking and today he adds several more. HSI is proud to work closely with our partners across the state to disrupt and dismantle drug trafficking organizations and keep drugs off our streets,” said Matthew Millhollin, Special Agent in Charge for Homeland Security Investigations in New England.

Law enforcement began investigating a violent Brockton-area drug crew that distributed large quantities of fentanyl throughout southeastern Massachusetts. The drug crew ran a fentanyl delivery service that encompassed all of Brockton as well as neighboring cities. Specifically, drug users/customers placed orders for fentanyl by contacting a cellphone maintained and shared by crew members, which included Pereira, Djoy Defrancesco, Jason Miranda and, allegedly, his brother Natalio Miranda, who worked together to deliver the fentanyl order. In September and October 2019, an undercover law enforcement officer made six purchases of fentanyl from members of the crew.

A search of Pereria’s Brockton home in October 2019 resulted in the seizure of a loaded firearm with an obliterated serial number, over $5,000 in cash, digital scales, marijuana packaged for sale and the cell phone used by members of the crew to distribute fentanyl. 

According to court records, in 2017, Pereira was convicted of unlawful possession of a firearm and possession with intent to distribute marijuana and was sentenced to three years in prison. In 2010, Pereira was arrested on drug trafficking charges at Logan Airport as he returned to the United States from Cape Verde and was later sentenced to 30 months in prison and three years of supervised release for conspiracy to distribute cocaine base. 

    On Sept. 14, 2022, Jason Miranda pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on Jan. 18, 2023. Defrancesco was sentenced in June 2021 after previously pleading guilty.

The charge of conspiracy to distribute fentanyl and distribution of fentanyl provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. The charge of possession with intent to distribute marijuana provides for a maximum term of imprisonment of 5 years, supervised release for at least 2 years, and a fine of $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a $250,000 fine. The charge of possessing a firearm during a drug trafficking crime provides for a mandatory minimum sentence of five years and 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.
 
U.S. Attorney Rollins; HSI SAC Millhollin; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Brenda Perez; Brian Kyes, U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy J. Cruz made the announcement. Assistance was provided by the East Bridgewater, West Bridgewater, Whitman and Bridgewater State University Police Departments as well as the Plymouth County Sheriff’s Office. Assistant U.S. Attorney Christopher J. Pohl of Rollins’ Narcotics & 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.

BOSTON – A Lawrence man has pleaded guilty in federal court in Boston to stealing the identity of a United States citizen to fraudulently obtain a United States passport.

Arciliano Gregorio Arias Suarez, 64, pleaded guilty on Nov. 30, 2022 to one count of aggravated identity theft, one count of false representation of a Social Security number and one count of passport fraud. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Feb. 28, 2023. Arias Suarez was arrested and charged in June 2021 and subsequently indicted by a federal grand jury in July 2021.

In January 2016, Arias Suarez submitted a U.S. passport application at a post office in Lawrence in the name of a United States citizen from New York. In support of the fraudulent passport application, Aris Suarez submitted copies of a Massachusetts driver’s license and a New York birth certificate, both in the victim’s name. Later, in May 2019, Aris Suarez submitted a license renewal application at the Lawrence Registry of Motor Vehicles (RMV) in the name of the same victim and provided the RMV with a copy of a U.S. passport, a Massachusetts driver’s license and a Social Security card all in the victim’s name. 

The charge of misrepresentation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years in prison to be served consecutively to any other sentence imposed, one year of supervised release and a fine of $250,000 or twice the gross gain or loss. The charge of passport fraud 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.

United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.

BOSTON – A Boston man pleaded guilty today in connection with the robbery of a TD Bank branch in Cambridge.

Jamall Copeland, 49, pleaded guilty to one count of bank robbery. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for March 1, 2023. Copeland was charged by criminal complaint in May 2022 and subsequently indicted by a federal grand jury in June 2022.

On April 27, 2022, an unknown male – later identified as Copeland – entered the TD Bank located at 1270 Massachusetts Avenue in Cambridge at approximately 1:45 p.m. and handed the teller a demand note that stated, “Give up all Hundreds! AN 50's Robbery!” Copeland obtained $1,455 in cash and fled the scene. Following the robbery, law enforcement recovered a fingerprint from the demand note that matched the known fingerprint of Copeland.

According to court records, Copeland was released from state prison in December 2021 and has a criminal history including charges related to murder, kidnapping, drug and firearms offenses, armed robbery and assault with intent to murder. 

The charge of bank robbery provides for a sentence of up to 20 years in prison, up to five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Cambridge Police Chief Christine Elow made the announcement today. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.

BOSTON – A Weymouth man was sentenced yesterday for his role in a sophisticated, multi-year market manipulation conspiracy involving securities traded on securities exchanges within the United States, including the New York Stock Exchange and NADSAQ.

Jiali Wang, 44, was sentenced by U.S. Senior District Court Judge William G. Young to time served (three months in prison) and nine months of home detention. Wang was also ordered to forfeit $7.75 million in illicit proceeds. On Aug. 5, 2022, Wang pleaded guilty to one count of conspiracy to commit securities fraud. 

From approximately 2013 through at least 2018, Wang participated in the manipulative trading activity of a group of securities traders located in China and, at times, in Massachusetts. Specifically, Wang and his co-conspirators used multiple brokerage accounts in their names, and in the names of others with whom Wang had a relationship, to artificially depress or inflate the prices of thinly traded securities. They did so by repeatedly placing relatively small sell (or buy) orders designed to send a false signal about a security’s supply (or demand) and to depress (or inflate) the security’s price. Wang and his co-conspirators then immediately placed relatively large buy (or sell) orders on the other side of the market to take advantage of their manipulations. Once the large orders executed, Wang and his co-conspirators cancelled their outstanding manipulative orders.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement. Assistant U.S. Attorney James R. Drabick of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – A former co-owner of the now-defunct New England Compounding Center (NECC) was sentenced today in federal court in Boston in connection with conspiring to defraud the Food and Drug Administration (FDA).

Gregory Conigliaro, 57, of Southborough, Mass. was sentenced by U.S. District Court Judge Richard G. Stearns to one year in prison and one year of supervised release. In December 2018, Conigliaro was convicted following a 41-day jury trial of one count of conspiracy to defraud the United States. 

Conigliaro was the Vice President and General Manager of NECC and served as NECC’s primary point of contact with federal and state regulators. Conigliaro conspired with the former co-owner of NECC and head pharmacist, Barry Cadden, and others at NECC to misrepresent to the FDA and the Massachusetts Board of Registration in Pharmacy that NECC was operating as a pharmacy dispensing drugs only pursuant to patient-specific prescriptions, when, in reality, NECC was shipping drugs in bulk across the nation for over a decade, evading regulatory oversight through fraud and misrepresentation.  

Though he was well aware that NECC was routinely shipping drugs to customers throughout the country without patient-specific prescriptions, from 2002 through 2012, Conigliaro (and his co-conspirators) always represented to the FDA and the Massachusetts Board of Registration in Pharmacy that NECC was only dispensing drugs pursuant to valid, patient-specific prescriptions—even going so far as to create fraudulent prescriptions and present them to regulators to conceal NECC’s true activities.

Through this deceit, Conigliaro and NECC were able to avoid the FDA’s oversight authority—and the FDA’s requirement that drug-manufacturers follow cGMPs—and operate in a slipshod, unsafe manner, ultimately leading to a tragic outbreak of fungal meningitis that killed more than one hundred individuals and injured many hundreds more. 

“Mr. Conigliaro and his co-conspirators repeatedly made the choice to put their greed over patient safety,” said United States Attorney Rachael S. Rollins. “In turn, nearly 800 patients suffered terribly and over 100 died. Today's sentence sends a clear message to healthcare executives – if you lie to regulators, the outcomes can be deadly and we will hold you accountable.”

The criminal case in this matter arose from the nationwide outbreak of fungal meningitis that was traced back to contaminated vials of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. In 2012, nearly 800 patients in 20 states were diagnosed with a fungal infection after receiving injections of MPA manufactured by NECC, and more than 100 patients died as a result. The outbreak was the largest public health crisis ever caused by a contaminated pharmaceutical drug.

In December 2014, following a two-year investigation, Conigliaro and 13 other owners, employees and associates of NECC were charged in a 131-count indictment. The indictment did not charge Conigliaro with having any role in the drug manufacturing operations of NECC.

On July 7, 2021, Cadden was resentenced, following the government’s successful appeal of his original sentence, to 174 months in prison and ordered to pay forfeiture of $1.4 million and restitution of $82 million. On July 21, 2021, Glenn Chin was resentenced, following the government’s successful appeal of his original sentence, to 126 months in prison and three years of supervised release. Chin was also ordered to pay forfeiture of approximately $473,584 and restitution in the amount of $82 million.

U.S. Attorney Rollins; FDA Commissioner Robert M. Califf, M.D.; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Christopher Algieri, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; Patrick Hegarty, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, made the announcement today. Assistant U.S. Attorney Amanda P.M. Strachan, Chief of Rollins’ Criminal Division and Assistant U.S. Attorney Christopher R. Looney of Rollins’ Health Care Fraud Unit prosecuted the case.

BOSTON – A Tewksbury woman was sentenced yesterday in federal court in Boston for stealing over $64,000 from the local bank branch where she was employed.

Gina Rogers, 46, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to three years of supervised release with three months served in home detention. Rogers was also ordered to pay restitution of $64,495 to Citizens Bank. On Aug. 10, 2022, Rogers pleaded guilty to one count of bank theft. 
  
While working as a teller and vault custodian at a Citizens Bank branch in Woburn, Rogers stole $64,496 in bank deposits. 

United States Attorney Rachael S. Rollins and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service in Boston made the announcement. Valuable assistance was provided by the Waltham Police Department. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – A former bank manager was sentenced yesterday in federal court in Boston for falsely inflating taxpayer’s federal income tax refunds and diverting a portion of those refunds to accounts controlled by him and others.  

Christian Zynga, 47, formerly of Everett, was sentenced by U.S. District Court Judge Allison D. Burroughs to time served and two years of supervised release with the first six months to be served in home detention. Zynga was also ordered to pay a fine of $5,000 and restitution to the Internal Revenue Service of $194,305. In October 2021, Zynga pleaded guilty to one count of conspiracy to defraud the United States. 

From 2012 to 2018, Zynga and co-conspirator Boris Shadari held Shadari out to be a tax professional, particularly for the Congolese community of Greater Boston. Until 2017, they took their customers’ tax information to a legitimate tax professional and provided the tax professional with false information concerning their customers’ dependents, dependent and childcare expenses and business income and losses in order to inflate the customers’ federal income tax refunds. They then caused the refunds to be split between the customers’ bank accounts and accounts they and their co-conspirators controlled. 

From 2017 to 2018, Zynga and Shadari prepared customers’ tax returns themselves while continuing to inflate refunds by adding false information to the returns and diverting a portion of the customers’ refunds to themselves or accounts they or their co-conspirators controlled. The scheme resulted in a tax loss of more than $500,000. Among other things, Zynga, who worked as a bank manager, opened bank accounts in others’ names for the purpose of receiving the fraudulent federal income tax refunds. Zynga also provided Shadari with the names and Social Security numbers of children of an associate who was living abroad at the time so that they could be falsely listed as dependents on returns.  

On Aug. 2, 2022, Shadari was sentenced to 30 months in prison and two years of supervised release after previously pleading guilty to his role in the scheme. Shadari was also ordered to pay restitution of $496,082.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service made the announcement. Assistant U.S. Attorney Kristen A. Kearney of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – A Dracut man was sentenced today in federal court in Boston in connection with the armed robbery of three convenience stores in Lowell and Tewksbury on Dec. 24, 2020.

Michael Vangpa, 33, was sentenced by U.S. District Court Judge Leo T. Sorokin to 150 months in prison and five of supervised release. On July 21, 2022, Vangpa pleaded guilty to three counts of interfering with commerce by robbery and one count of using a firearm in furtherance of a crime of violence.

On Dec. 24, 2020, Vangpa robbed three nearby convenience stores—two in Lowell and one in Tewksbury—within an hour. In each of the robberies, Vangpa brandished a firearm and demanded money from the store clerks. During one of the robberies, Vangpa discharged the firearm into cardboard boxes under the register while demanding money. In the other robberies, he used the firearm to strike the cashier in the head and make a store customer get on the ground.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. The Lowell, Tewksbury, Dracut and Nashua (N.H.) Police Departments provided valuable assistance. Assistant U.S. Attorney Charles Dell’Anno of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – A Spencer man pleaded guilty yesterday in federal court in Worcester to possessing child sexual abuse material (CSAM).

Joseph Michael Smith, 60, pleaded guilty to one count of possession of child pornography before U.S. District Court Judge Mark G. Mastroianni who scheduled sentencing for March 6, 2023. Smith was arrested and charged in November 2021 and subsequently indicted by a federal grand jury in March 2022.

Investigators received several tips that CSAM was shared from messenger accounts tied to Smith’s address. During a search of Smith’s residence on Nov. 10, 2021, a USB drive was seized, and a forensic analysis revealed 35 videos depicting children as young as two-years-old being sexually abused, as well as over 300 images on child sexual exploitation that had downloaded to, and deleted from, the USB drive.

The charge of possession of child pornography provides for a sentence of up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England; and Spencer Police Chief David Darrin made the announcement today. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office is prosecuting the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

BOSTON – A Lawrence man has pleaded guilty in federal court in Boston to fentanyl distribution charges.

Rafael Sierra-Baez, 42, pleaded guilty on Nov. 28, 2022 to distribution and possession with intent to distribute fentanyl. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for March 28, 2023. Sierra-Baez was arrested and charged on May 19, 2022.

On five separate occasions between Feb. 22, 2022 and May 4, 2022, Sierra-Baez sold suspected fentanyl to a law enforcement cooperating witness in Methuen.

The charge of distribution and possession with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Assistant U.S. Attorney Charles Dell’Anno of Rollins’ Major Crimes Unit is prosecuting the case.

BOSTON – A Fall River Police Officer was arrested today in connection with an alleged assault with a baton on a man in Fall River Police custody.

Nicholas M. Hoar, 35, was indicted on one count of deprivation of rights under color of law and two counts of false reports. Hoar was arrested this morning and will appear in federal court in Boston today at 1:45pm before U.S. District Court Magistrate Judge Donald L. Cabell.

According to the indictment, on Dec. 21, 2020, while on duty as an officer with the Fall River Police Department, Hoar struck an individual who had been arrested in the forehead with a baton, resulting in bodily injury to the arrestee. The indictment further alleges that, on Dec. 21 and Dec. 22, 2020, Hoar submitted two reports which omitted any mention of the fact that he had struck the arrestee in the forehead with a baton. 

The charge of deprivation of rights under color of law resulting in bodily injury provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. 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.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Rollins’ Public Corruption & Special Prosecutions Unit is 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.

BOSTON – A Boston man has pleaded guilty to conspiracy to distribute fentanyl, cocaine and cocaine base (crack cocaine).

Josiah Watkins, 26, pleaded guilty on Nov. 28, 2022 to one count of conspiracy to distribute, and possess with intent to distribute, 40 grams or more of fentanyl, 28 grams or more of cocaine base and cocaine. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for March 28, 2023. Watkins was arrested and charged in April 2021.

In February 2021, law enforcement opened an investigation into drug trafficking activities conducted by Watkins and, allegedly, his co-defendant London Lee. The investigation revealed that Watkins and his co-defendant were actively selling cocaine, crack cocaine and fentanyl in the Boston area. Between February and April 2021, Watkins sold or arranged the sale of crack cocaine and fentanyl in at least 10 separate controlled purchases. His co-defendant has pleaded not guilty and is pending trial.

The charge of conspiracy to distribution of 40 grams or more of fentanyl, and conspiracy to distribute 28 grams or more of cocaine base provide 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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Boston Police Commissioner Michael Cox made the announcement. Assistant U.S. Attorney John T. Dawley, Jr. of the Organized Crime & Gang Unit is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce 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 remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Florida man pleaded guilty today in federal court in Boston to performing a lewd act aboard an aircraft in flight from Newark to Boston on Friday, April 8, 2022.

Donald Edward Robinson, 76, of Bonita Springs, Fla., pleaded guilty to one count of lewd, indecent and obscene acts while in the special aircraft jurisdiction of the United States. U.S. District Court Magistrate Judge Marianne B. Bowler scheduled sentencing for March 2, 2023. Robinson was arrested and charged on April 10, 2022.

On or about April 8, 2022, Robinson engaged in masturbation and exposed himself to a 21-year-old female passenger seated next to him while onboard a flight from Newark to Boston. Robinson then placed his hand on top of the victim’s thigh without her consent.

Shortly after departure, the victim recorded a 24-second video of Robinson fondling and manipulating his penis through his pants. A short time later, the victim looked over and saw that Robinson had exposed his penis. Approximately five minutes before landing, Robinson placed his hand on the victim’s thigh, prompting the victim to ask why he was touching her, to which Robinson withdrew his hand and looked out the window. The victim then got the attention of another passenger and displayed a message on her phone, “Hi, this man assaulted me and touched my leg and is masturbating.”

During the deplaning process, the victim approached a flight attendant about the incident but was unable to point Robinson out due to the volume of passengers deplaning. Security footage captured Robinson, upon exiting the secure area of the terminal, repeatedly looking back in the direction from which he came while proceeding to the baggage carousel level.

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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Charles Dell’Anno of Rollins’ Major Crimes Unit is prosecuting the case.

BOSTON – A Dominican man has been charged with illegally reentering the United States after deportation.

Jonathan Alcequiez-Sanchez, 35, was charged with one count of unlawful reentry of a deported alien. Alcequiez-Sanchez is currently in the custody of the United States Immigration and Customs Enforcement and will appear in federal court in Boston at a later date.

According to the charging documents, Alcequiez-Sanchez was deported from the United States on Sept. 18, 2018, after being arrested in the Bronx, N.Y. for unlawful entry. It is alleged that sometime after his September 2018 removal, Alcequiez-Sanchez illegally reentered the United States.

On or about Dec. 27, 2021, Alcequiez-Sanchez was convicted in Lawrence District Court of drug distribution and weapons charges for which he was sentenced to serve jail time at the Essex County House of Corrections. Alcequiez-Sanchez was taken into federal custody upon his release on Nov. 15, 2022.

The charge of unlawful reentry of a deported alien provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Rollins’ Major Crimes Unit is prosecuting the case.

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

BOSTON – A Ludlow man has been arrested for a child pornography offense.

Robert Avrett, 41, was charged with distribution of child pornography. Avrett was arrested on Nov. 21, 2022 and was detained following an initial appearance yesterday before U.S. District Court Magistrate Judge Katherine A. Robertson.

According to the charging document, 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 allegedly 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. 

The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, at least five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorney Catherine G. Curley of Rollins’ Springfield Branch Office is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

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

BOSTON – A Florida man pleaded guilty yesterday in federal court in Springfield to sending threatening communications to the Department of Veterans Affairs.

Drummond Neil Smithson, 31, pleaded guilty to one count of use of interstate communications to transmit a threat to injure. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 2, 2023 in federal court in Worcester. Smithson was indicted by a federal grand jury on May 12, 2022. 

On or about July 19, 2020, Smithson, an Army veteran, mailed a threatening communication from Ayer, Mass., to the Department of Veterans Affairs threatening to injure members of Moms Demand Action, a grassroots organization advocating for the end to gun violence. In the letter, Smithson threatened, among other things, “If you take my pension there is going to be retaliation,” and, “You take my pension and the second I get out of prison I will go to a Moms Demand Action meeting […] Try me.”

The charge of use of interstate communications to transmit a threat to injure provides for a sentence of up to five 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.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today.  Valuable assistance was provided by the Department of Veterans Affairs’ Office of Inspector General; Federal Bureau of Investigations, Miami Field Office; and Federal Medical Center, Devens, Special Investigations Section. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office is prosecuting the case.

BOSTON – The United States Attorney’s Office for the District of Massachusetts filed a civil forfeiture action today against a manuscript signed by Conquistador Hernando Cortés in 1527, believed to have been unlawfully removed from the Archivo General de la Nación de México – Mexico’s national archives located in Mexico City – sometime before 1993. It is a violation of federal law to transport or receive stolen goods valued at more than $5,000 that have traveled in foreign or interstate commerce.   

The manuscript is a payment order signed by Cortés on April 27, 1527 authorizing the purchase of rose sugar for the pharmacy in exchange 12 gold pesos. It is believed to be one of several documents unlawfully removed from a collection of documents concerning a Spanish expedition to Central America in 1527 that is housed in Mexico’s national archives.

According to the civil complaint, earlier this year an individual consigned the Cortés manuscript for online auction at a Massachusetts auction house. Mexican authorities alerted federal authorities that the manuscript being auctioned appeared to have been stolen. In turn, the auction house removed the manuscript from the upcoming auction and the manuscript was recovered.

“As a result of exceptional work by the Asset Recovery Unit in our office and our law enforcement partners, this historic artifact has been recovered. Mexico, like the United States, has national archives and the Cortés manuscript is nearly five centuries old. Our goal in filing today's forfeiture action is to return the manuscript to its rightful owner,” said United States Attorney Rachael S. Rollins.

“Thanks to the hard work of the FBI’s Art Crime Team, with the assistance of the General Archives of Mexico, we were able to track down and authenticate this historic manuscript signed by Conquistador Hernando Cortés in 1527, three decades after it was stolen,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation Boston Division. “The recovery of this national treasure stolen from Mexico and its people not only preserves an important part of Mexico’s history, but reflects the FBI’s ongoing commitment to pursue justice for victims of crime here and abroad. Our investigation into how this priceless artifact ended up in Massachusetts continues, and we look forward to the day when we can return it to the Government of Mexico.”

In 2021, a number of colonial-era documents believed to have been stolen from Mexico’s national archives and placed for auction in the United States were recovered and repatriated to Mexico, including some signed by Cortés.

Anyone with information on stolen art and cultural property are encouraged to contact the FBI at 1-800-CALL FBI (1-800-225-5324). Tips may also be submitted online at https://tips.fbi.gov/.

U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. The civil forfeiture action is being prosecuted by Assistant U.S. Attorney Carol E. Head, Chief of Rollins’ Asset Recovery Unit.

The details contained in the civil forfeiture complaint are allegations. 

BOSTON – Two Hyannis men have been indicted for being felons in possession of a firearm. 

Donnell Pina, 50, and Ryan Diefenbach, 31, were indicted on one count each of being a felon in possession of a firearm. The defendants were detained following an initial appearance in federal court in Boston on Nov. 17, 2022 before U.S. District Court Magistrate Judge Jennifer C. Boal. Diefenbach was remanded to federal custody following a detention hearing this afternoon.

According to the indictment, in September 2021, Pina and Diefenbach possessed a Chinese SKS .762 caliber rifle. Due to multiple previous felony convictions for heroin trafficking in 2007, 2013 and 2014, Pina is considered an armed career criminal prohibited from possessing firearms. Diefenbach is also prohibited from possessing firearms due to previous felony convictions.

The charge of being a felon in possession provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Due to Pina’s status as an armed career criminal, he faces a mandatory minimum of 15 years and up to life in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Assistant United States Attorney Evan Gotlob of Rollins’ 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Brookline man has been arrested for illegally possessing a machinegun. 

Stewart Silvestri, 24, was charged by criminal complaint with one count of unlawful possession of a machinegun and was detained on Nov. 18, 2022 following an initial appearance in federal court in Boston before U.S. District Court Magistrate Judge Judith G. Dein.

“The alleged conduct here is incredibly serious. Mr. Silvestri allegedly possessed eight unserialized and untraceable ghost guns. These dangerous weapons are nearly impossible to trace and directly contribute to the ongoing plague of gun violence we see across the nation and in our Commonwealth. Moreover, two of the firearms Mr. Silvestri allegedly possessed were machineguns capable of causing extreme harm, destruction and even mass casualties in the blink of an eye,” said United States Attorney Rachael S. Rollins. “Firearms, including ghost guns, are deadly weapons and those who illegally possess them are a potential threat to the safety of our neighborhoods. We will identify and prosecute these individuals and seek pre-trial detention whenever possible if it will result in keeping those that pose this type of danger off our streets.”

“The illegal possession of fully automatic “ghost guns” is a federal crime that ATF takes very seriously as it threatens the safety of our communities.” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division. “ATF will continue to work tirelessly with our local state and federal partners to investigate and arrest those who illegally possess firearms.”

According to the criminal complaint, on Oct. 15, 2022, law enforcement responded to multiple calls for an erratic driver on Route 95 in Rowley, Mass., who had pulled into a weigh station. Upon arriving at the weigh station, law enforcement approached the driver – Silvestri – who stated he had just come from an armory in New Hampshire. When asking for his license and registration, law enforcement observed Silvestri allegedly sitting on what appeared to be firearms. According to the charging document, a subsequent search of the vehicle recovered eight privately made firearms (also known as ghost guns), hundreds of rounds of ammunition and numerous firearm parts. Two of the firearms were fully automatic pistols, classified as machineguns. 

The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

U.S. Attorney Rollins; ATF SAC Ferguson; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Essex County District Attorney Jonathan Blodgett made the announcement today. Assistant U.S. Attorney Philip C. Cheng of Rollins’ Organized Crime & Gang Unit is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce 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 complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Boston man was arrested yesterday for a drug distribution offense involving fentanyl and a fentanyl analogue known as para-fluorofentanyl.

Melvin Cordero, 40, was indicted on one count of distribution of and possession with intent to distribute fentanyl and p-fluorofentanyl. Cordero was arrested yesterday morning and, following an initial appearance in federal court in Boston yesterday before U.S. District Court Magistrate Judge M. Page Kelley, was detained pending a hearing set for Nov. 30, 2022.

According to the indictment, on or about March 15, 2022, Cordero distributed fentanyl and fentanyl analogue in the Boston area. At Cordero’s detention hearing on Nov. 22, 2022, it was specifically alleged that Cordero sold approximately 7,000 pills containing fentanyl and p-fluorofentanyl to a government agent. It was further alleged that Cordero attempted to sell a pill press to an undercover officer, and that officers seized the pill press after Cordero’s arrest.

The charge of distribution of and possession with intent to distribute fentanyl and p-fluorofentanyl provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance was provided by the DEA New York Field Office, the Boston Police Department and the Massachusetts State Police. Assistant U.S. Attorney Samuel R. Feldman of Rollins’ Narcotics & Money Laundering Unit is 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.

BOSTON – A Barnstable man has pleaded guilty in federal court in Boston to child exploitation offenses.

Atticus J. Bernard, 22, pleaded guilty on Nov. 18, 2022 to two counts of sexual exploitation of children and one count of possession of child pornography. U.S. District Court Judge Indira Talwani scheduled sentencing for Feb. 17, 2023. Bernard was arrested and indicted by a federal grand jury in July 2021. He has remained in federal custody.

On two separate occasions in November 2019 and October 2020, Bernard sexually exploited two minor girls under the age of five-years-old and who were known to him. Bernard documented the abuse and exploitation and possessed the child sexual abuse material on his cell phone. A search of Bernard’s phone in January 2021 revealed numerous photos of Bernard exploiting the minor victims on the reported dates. 

The charges of sexual exploitation of children each provide for mandatory minimum sentence of 15 years and up to 30 years in prison, up to a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England; Andrew Murphy, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and Barnstable Police Chief Matthew Sonnabend made the announcement today. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.

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

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

BOSTON – A Holyoke man associated with the CJNG (Cartel Jalisco Nueva Generacion) drug cartel has pleaded guilty to drug trafficking charges involving fentanyl.

Josue Rivera Rodriguez, a/k/a “Bori,” 45, pleaded guilty on Nov. 18, 2022 to one count of conspiracy to distribute 400 grams or more of fentanyl, two counts of distribution of 40 grams or more of fentanyl and one count of distribution of 400 grams or more of fentanyl. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Feb. 6, 2023. Rodriguez was arrested and charged in April 2021.

“The CJNG cartel is one of the most dangerous criminal organizations in Mexico. Mr. Rodriguez conspired to bring CJNG’s violent drug trafficking operations into our Commonwealth. Because of the exceptional work of our law enforcement partners, he failed,” said United States Attorney Rachael S. Rollins. “Not only did he distribute considerable quantities of fentanyl on behalf of the cartel into our communities, agents also seized deadly firearms from his home – including a fully automatic AR-15 machinegun and several handguns fitted with laser sight. These weapons are far too excessive and powerful for any claim of self-defense. They are designed for destruction and harm. Stopping the flow of illegal narcotics from entering into our communities remains the most critical step in combating violent criminal activity directly at its source.”

"Josue Rivera Rodriguez trafficked deadly fentanyl all over Massachusetts including Watertown, Revere, Holyoke, and Springfield for one of the largest and most violent transnational criminal organizations operating in Mexico and the United States. Equally troubling is what we found when we took him into custody— a cache of high-powered weapons, including an AR-15 assault rifle, a bullet proof vest, and even a police hat with insignia,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “This case illustrates the FBI’s commitment to removing large-scale drug traffickers like Rodriguez who are a clear and present danger to our communities from our streets before they can ruin any more lives.”

“DEA is committed to investigating those involved with drug trafficking in Massachusetts,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “As we all know, drug trafficking in our communities, along with the gun and physical violence that often accompanies it, is a serious threat to our families and communities.  This is unacceptable and will not be allowed to happen.  DEA and its local, state and federal partners are dedicated to bringing to justice those that commit these crimes.”

Rodriguez was recorded delivering $35,000 to a cooperating witness and using a code indicating that the money was intended for the CJNG cartel. Thereafter, on three occasions in 2020 and 2021, Rodriquez was recorded distributing over 750 grams of fentanyl to the cooperating witness.

At the time of his arrest in April 2021, approximately 300 grams of fentanyl; an AR-15 assault rifle; five semi-automatic pistols, including handguns capable of carrying large-caliber ammunition and fitted with a laser sight; a bullet-proof vest; a police hat with insignia; packaging materials; cellphones; a money counter; and $1,900 cash was seized from Rodriguez’s residence.

The charges of conspiracy to distribute 400 grams or more of fentanyl and distribution of 400 grams or more of fentanyl provide 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 distribution of 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.

U.S. Attorney Rollins, FBI SAC Bonavolonta, DEA SAC Boyle and Holyoke Police Chief Manny Febbo made the announcement today. Assistant U.S. Attorney Christopher Pohl of Rollins’ Narcotics & Money Laundering Unit is 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.

BOSTON – A Fall River man has been charged in connection with robbing a TD Bank branch in downtown Boston.

William Sequeira, 59, was charged with one count of bank robbery and will appear in federal court in Boston at a later date.

According to the charging documents, on Sept. 30, 2022, a white male – later identified as Sequeira – entered the TD Bank branch on Union Street in Boston. Once inside, Sequeira allegedly approached a teller and stated, “give me all the $100s in the drawer,” and “give me all the money before I blow your brains out.” Sequeira fled on foot after obtaining money from the teller. It is alleged that surveillance footage of the robbery and subsequent interviews positively identified Sequeira as the robber.

On Oct. 5, 2022, law enforcement surveilling the Back Bay area in an effort to locate Sequeira spotted him entering a Citizens Bank branch on Boylston Street in Boston. There, it is alleged that Sequeira approached the teller, said “Give me hundreds,” and then threatened to shoot the teller if they did not move fast enough. Sequeira was immediately apprehended.

The charge of bank robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, 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 Rollins’ Major Crimes Unit is prosecuting the case.

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

BOSTON – A Springfield man pleaded guilty today to a drug offense involving fentanyl distribution.

Christian Camacho, 25, pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for April 13, 2023. Camacho was indicted by a federal grand jury and arrested in May 2022.

On or about March 30, 2022, in Hampden County, Camacho knowingly possessed 40 grams or more of fentanyl intended for distribution. Additionally, at the time of his arrest, Camacho was found in possession of more than 129 grams of fentanyl laced with heroin packaged for distribution in more than 8,000 bags as well as $14,282 cash.

The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of up to 40 years in prison, four years of supervised release and a fine of $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration in New England; and Springfield Police Commissioner Cheryl Clapprood made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Rollins’ Springfield Branch Office is prosecuting the case.

BOSTON – A New Bedford man pleaded guilty yesterday in federal court in Boston to unlawfully possessing a firearm and ammunition.

David Acosta, 26, pleaded guilty to one count of being a prohibited person in possession of a firearm and ammunition before U.S. District Court Judge Alison D. Burroughs who scheduled sentencing for Feb. 6, 2023. Acosta was indicted by a federal grand jury in May 2021.

On Oct. 22, 2020, Acosta was found in possession of a loaded Glock .45 caliber pistol and 10 rounds of assorted .45 caliber ammunition. Co-defendant, Marquise Thompson pleaded guilty to one count of possession with intent to distribute fentanyl and was sentenced to three years of supervised release on Nov. 15, 2022.

The charge of being a prohibited person in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and New Bedford Police Chief Paul Oliveira made the announcement. Assistant U.S. Attorney Evan Gotlob of Rollins’ 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.