District of Massachusetts
Press releases recorded for this federal judicial district.
Lawrence Woman Sentenced to Prison for Identity TheftRead the Press Release
BOSTON – A Lawrence woman was sentenced on July 20, 2022 in connection with identity theft charges.
Alicia Isabel Matias De Jesus, 50, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six months in prison and two years of supervised release. Marias De Jesus was also ordered to pay forfeiture and restitution of $22,904. On March 22, 2022, Matias De Jesus pleaded guilty to false representation of a Social Security number and theft of government money.
Matias De Jesus, who was born in the Dominican Republic and is not a United States Citizen, purchased identity documents of a United States citizen who resides in Puerto Rico. Matias De Jesus used the identity documents to obtain a motor vehicle license and benefits totaling over $22,000.
United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Assistant U.S. Attorney David Tobin of Rollins’ Major Crimes Unit prosecuted the case.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The DBFTF is currently investigating suspected aliens who are believed to have obtained stolen identities of U.S. citizens born in Puerto Rico. The DBFTF has investigated individuals who have used stolen identities to obtain public benefits that they otherwise would not be eligible to receive, including Massachusetts Registry of Motor Vehicles identity documents, Social Security numbers, MassHealth benefits, public housing benefits, and/or unemployment benefits.
DJ Drugs & Surgicals Inc. Agrees to Pay $115,000 to Resolve Allegations of Prior Authorization FraudRead the Press Release
BOSTON – A New York-based specialty pharmacy, DJ Drugs & Surgicals Inc., has agreed to resolve allegations that it altered patient medical records and submitted the altered medical records to Medicare in support of prior authorization requests. DJ Drugs will pay $115,000 to settle this matter.
According to the settlement agreement, DJ Drugs processes and fills prescriptions for proprotein convertase subtilisin kexin type 9 (PCSK9) inhibitors, an expensive class of cholesterol-lowering medication. Between June 2017 and October 2018, DJ Drugs often completed and submitted prior authorization requests to insurers in order to obtain insurance coverage for PCSK9 prescriptions. As part of this settlement, DJ Drugs agreed to a series of factual admissions, including that, on at least 28 occasions and without express authorization from the prescribing physician, it removed certain information in supporting documentation (e.g., laboratory results, patient medical records) associated with PCSK9 prior authorization requests. DJ Drugs also admitted that it then submitted the altered documents to Medicare plan sponsors for approval.
United States Attorney Rachael S. Rollins; Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Assistant U.S. Attorney Charles B. Weinograd of Rollins’ Affirmative Civil Enforcement Unit handled the matter.
Chicago Man Charged with Coercion and Enticement of a MinorRead the Press Release
BOSTON – A Chicago man has been charged in connection with using Snapchat to threaten and coerce a Massachusetts minor to engage in sexual conduct.
Ernesto Herrera, 33, of Chicago, Ill., was charged by an Information with coercion and enticement of a minor. Herrera was previously arrested and charged in June 2021 with one count of sexual exploitation of children and one count of receipt of child pornography. He has remained in custody.
“Mr. Herrera allegedly used social media to target, threaten and rob a child of their innocence,” said United States Attorney Rachael S. Rollins. “Sexual predators who engage in this type of behavior, particularly with minors, will be prosecuted. We will aggressively pursue those who prey on the vulnerable and helpless.”
“Ernesto Herrera is accused of manipulating a 16-year-old girl into providing him with sexually explicit images of herself through a popular multimedia messaging app,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Sadly, online predators seeking to exploit children are becoming too common, and we urge parents and guardians to pay attention to what your children are doing online. Make it clear to them that they are not to blame if they fall victim to a predator and contact law enforcement right away if you suspect something is wrong. The FBI hopes today’s charges are a warning to others that we will be relentless in our pursuit of anyone who commits such heinous acts.”
According to the charging documents, in June 2020, Herrera allegedly threatened and coerced a Massachusetts minor via Snapchat and text message to make and send images of the victim engaged in sexual conduct, among other things. Herrera was identified as the owner of the Snapchat account used to contact the victim. A subsequent search of Herrera’s phone revealed over 1,000 media files were sent from the victim’s Snapchat account to Herrera’s Snapchat account. Several of those media files allegedly depicted child pornography.
The charge of coercion and enticement of a minor provides a mandatory minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine of up to $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, FBI SAC Bonavolonta and Emmerson Buie, Jr., Special Agent in Charge of the Federal Bureau of Investigation, Chicago Division made the announcement. Assistant U.S. Attorney J. Mackenzie Duane of Rollins’ Major Crimes Unit is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by 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.
Local Paving Company Owner Pleads Guilty to Tax EvasionRead the Press Release
BOSTON – The owner of a local paving company pleaded guilty today to tax evasion in connection with a seven-year scheme to underreport income on his tax returns.
Robert Brainard, 52, of Weymouth, pleaded guilty to one count of tax evasion. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Oct. 17, 2022. Brainard was charged on July 15, 2022.
Brainard, the former owner of Got Pavement Needs, Inc., underreported income on his personal tax returns for tax years 2014 through 2021, resulting in an income tax loss of more than $593,993. In addition, to hide his control of the business, Brainard transferred ownership of his company in a straw sale, while maintaining control over the company’s operations and income.
The charge of tax evasion provides for a sentence of up to five years in prison, up to 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 Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Kriss Basil of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Brockton Man Charged with Fraudulently Obtaining over $1.5 Million in COVID-Relief FundsRead the Press Release
BOSTON – A Brockton man was charged on July 21, 2022 in connection with a scheme to submit false applications to obtain Paycheck Protection Program (PPP) and Economic Injury Disaster Loan Program (EIDL) funds through the Small Business Administration (SBA) which were made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Joao Mendes, 59, was charged and has agreed to plead guilty to one count of wire fraud. A plea hearing has not yet been scheduled by the Court.
According to the charging documents, beginning in or around June 2020 and continuing until at least in or around September 2020, Mendes submitted or caused to be submitted multiple fraudulent PPP and EIDL loan applications on behalf of various entities. The fraudulent PPP loan applications misrepresented the number of employees and the average monthly payroll expenses of Mendes’s various businesses. Mendes also allegedly submitted false tax records in support of his loan applications. In his EIDL applications, Mendes allegedly misrepresented the number of employees, gross revenues and costs of goods sold for each business. Based on the fraudulent applications, Mendes and others received over $1.5 million in PPP and EIDL funds. Once Mendes received the funds, he either spent them for his own personal benefit—including for the purchase of cryptocurrency—or transferred the funds into other accounts he controlled or to other individuals.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain approved expenses, through the PPP. Another is the EIDL, through which the SBA offers loans that can only be used on certain permissible business expenses, which can include payment of fixed business debts, payroll, accounts payable, and other business-related expenses that could have been paid had the COVID-19 disaster not occurred. The American Rescue Plan Act established the RRF to provide funding to help restaurants and other eligible businesses keep their doors open through forgivable loans for eligible uses.
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of making a false statements to a financial institution provides for a sentence of up to 30 years in prison, up to three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. 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; Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Robert Manchak, Special Agent in Charge of the Federal Housing Finance Agency Office of Inspector General, Northeast Region; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Amir Ehsaei, Acting Assistant Director in Charge for the FBI’s Los Angeles Field Office; Weston King, Special Agent in Charge of the Small Business Administration Office of Inspector General, Western Region; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of Inspector General, New York Regional Office; Ryan Korner, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, Los Angeles Field Office; William A. Kalb, Special Agent in Charge of the U.S. Treasury Inspector General for Tax Administration, Northeast Field Division; and Stephen Donnelly, Acting Special Agent in Charge of the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, Eastern Region, made the announcement today. Assistant U.S. Attorneys Mackenzie A. Queenin and Carol E. Head of Rollins’ Criminal Division and Trial Attorney Jennifer Bilinkas of the Criminal Division’s Fraud Section are prosecuting the case. Attorney Advisor Scott J. Campbell and Trial Attorney Olivia Zhu of the Criminal Division’s Money Laundering and Asset Recovery Section provided significant assistance.
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 document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Sentenced to Two Years in Prison for Possessing over 200 Counterfeit Fentanyl PillsRead the Press Release
BOSTON – A Boston man was sentenced on July 21, 2022 for possessing hundreds of pressed fentanyl pills disguised as oxycodone intended for distribution.
Diamondez Pierre, 24, was sentenced by U.S. District Court Judge Leo T. Sorokin to two years in prison and three years of supervised release. On March 25, 2021, Pierre pleaded guilty to possession of fentanyl with intent to distribute.
“The impact of the opioid crisis in our communities has been catastrophic. It is taking more and more lives by the minute. Mr. Pierre contributed to and, moreover, profited off this devastation, pain and suffering by trafficking fentanyl disguised as pharmaceutical grade prescription pills,” said United States Attorney Rachael S. Rollins. “To say fentanyl is dangerous would be a gross understatement – it is deadly. Getting fentanyl traffickers who seek to exploit addiction for a profit off of our streets is critical and mandatory in addressing the opioid epidemic. My office and our law enforcement partners will continue putting drug traffickers out of business. We must protect the health and safety of our Commonwealth.”
“We are currently facing a crisis with the amount of illicit drugs flowing into our neighborhoods, today’s sentencing demonstrates that if you peddle this poison, you will be held accountable,” said James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “ATF will continue to work with our law enforcement partners to target individuals who deal this dangerous drug and ensure that they are brought to justice.”
On Aug. 8, 2020, law enforcement stopped Pierre in his vehicle in Brockton. A search of Pierre’s vehicle resulted in the recovery of a backpack that contained 204 blue pressed fentanyl pills, disguised as “Perc 30” oxycodone pills, intended for distribution.
U.S. Attorney Rollins, ATF SAC Ferguson and Brockton Police Chief Brenda Perez made the announcement today. Assistant U.S. Attorney John T. Dawley Jr. of Rollins’ Organized Crime & Gang Unit is prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Statement from U.S. Attorney Rachael S. Rollins on White Supremacist Activity in MassachusettsRead the Press Release
“Every single person deserves to live their life fully and authentically as who they are. But, if your authentic self is a bigot that wants to harm, humiliate and terrorize people, you are not welcome here. There is no hierarchy as to who is entitled to a full and authentic life. We all are. In Boston, Massachusetts we have a long history of standing up to hate and injustice. We don’t hide behind masks. When we see inequity and harm, we look the culprit in their eyes and demand that it stops. If it doesn’t, we use every means at our disposal - legislatively, through the courts, and with community organizing - to end it. And that is exactly what is going to happen here. If the public has any troubling or concerning information about members of white supremacist groups, we ask that you notify your local police departments or a member of law enforcement. I will be announcing a dedicated number for the community to call in the coming weeks. We need to expose these cowards. As was shown by the swift response of Mayor Wu and the Boston Police Department this weekend, there is a zero tolerance policy for white supremacists or any potential racially motivated violent extremist in Massachusetts. As the Chief Federal law enforcement officer, I stand ready to deploy federal time and resources to assist our State, Local and Tribal partners in effectuating any arrests and prosecutions.”
Salvadoran Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Salvadoran man residing in Lynn was sentenced on July 19, 2022 in federal court in Boston for illegally reentering the United States after deportation.
Inmar Samuel Aguiluz-Palacios, 29, was sentenced by U.S. Senior District Court Judge William G. Young to 18 months in prison and three years of supervised release. Aguiluz-Palacios will be subject to deportation proceedings upon completion of his sentence. In March 2022, Aguiluz-Palacios pleaded guilty to one count of illegal reentry.
Aguiluz-Palacios was deported in May 2014. In June 2015, Aguiluz-Palacios was encountered in Texas and determined to be illegally present in the United States. He was convicted in the Southern District of Texas and deported. In December 2015, Aguiluz-Palacios illegally returned to the United States and was again encountered in Texas, determined to be illegally present in the United States, convicted and deported. At some point following this second 2015 removal, Aguiluz-Palacios illegally reentered the United States and was arrested and charged with assault with a dangerous weapon in August 2021 in Lynn. In January 2022, Aguiluz-Palacios was convicted of assault and sentenced to nine months in state prison. In April 2022, Aguilar-Palacios completed his state sentence and was transferred to federal authorities.
United States Attorney Rachael S. Rollins and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Rollins’ Major Crimes Unit prosecuted the case.
My Big Coin Founder Convicted of Cryptocurrency Fraud SchemeRead the Press Release
BOSTON – The founder of My Big Coin Pay Inc., (My Big Coin) a purported cryptocurrency and virtual payment services company headquartered in Las Vegas, Nev., was convicted by a federal jury today in connection with a scheme to defraud investors by marketing and selling fraudulent virtual currency.
Randall Crater, 51, of East Hampton, N.Y., was convicted of four counts of wire fraud, three counts of unlawful monetary transactions, and one count of operating an unlicensed money transmitting business. U.S. District Court Judge Denise J. Casper scheduled sentencing for Oct. 27, 2022. Crater was arrested and charged in February 2019.
“Fraud is fraud. Mr. Crater preyed on investors and offered them false opportunities in the expanding cryptocurrency marketplace to swindle them out of millions of dollars for his own personal use,” said United States Attorney Rachael S. Rollins. “Mr. Crater saw the burgeoning popularity of crypto as a chance to get rich quick through an unscrupulous fraud scheme cloaked by flashy marketing tactics and outright lies. In the end, he is just another fraudster who made his way into the booming world of cryptocurrency. My office will continue to pursue criminals who seek to exploit and victimize investors with proposals based in fraud and deceit. Today’s conviction sends a clear message that we are monitoring the digital currency realm and bad actors will be found and prosecuted.”
“Cryptocurrency scams are on the rise, and today’s verdict proves that Randall Crater orchestrated one when he deceived and defrauded unsuspecting investors out of more than $6 million which he spent on luxury items for himself, including artwork, antiques, and jewelry,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI works diligently to investigate this type of fraud and we thank the jury for their verdict today, and for sending a clear message of the consequences of such greed.”
“The defendant preyed on victims with what appeared to be an unstoppable rise in cryptocurrency values, when in reality investors were only funding his lavish lifestyle,” said Eric Shen, Inspector in Charge of the U.S. Postal Inspection Service’s Criminal Investigations Group. “The U.S. Postal Inspection Service is proud to work on these complex fraud cases, alongside its federal law enforcement partners, to ensure criminals are brought to account.”
Crater founded My Big Coin in 2013, offering virtual payment services through a fraudulent digital currency, “My Big Coins,” which he marketed to investors between 2014 and 2017 using misrepresentations about the nature and value of Coins. Crater and his associates falsely claimed that Coins were a fully functioning cryptocurrency backed by $300 million in gold, oil and other valuable assets. Crater also falsely told investors that My Big Coin has a partnership with MasterCard and that Coins could readily be exchanged for government-backed paper currency or other virtual currencies. Crater promulgated these misrepresentations through social media, the internet, email and text messages.
In reality, Coins were not backed by gold or other valuable assets, did not have a partnership with MasterCard and were not readily transferable. Over the course of the scheme, Crater misappropriated over $6 million of investor funds for his own personal gain and spending on goods, including hundreds of thousands of dollars’ worth of expenses on antiques, artwork and jewelry.
In January 2018, the Commodity Futures Trading Commission (CFTC) announced commodity fraud charges against Crater and My Big Coin Inc. The CFTC also filed civil charges against the Chief Executive Officer of My Big Coin, John Roche, and two of Crater’s associates Mark Gillespie and Michael Kruger. The civil action was stayed on March 8, 2019, pending resolution of the criminal case.
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 $250,000, or twice the gross gain or loss. The charges of unlawful monetary transactions provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000, or twice the value of the criminally derived property. The charge of operating an unlicensed money transmitting business provides for a maximum sentence of five years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss. 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, Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, FBI SAC Bonavolonta and USPIS Inspector in Charge Shen made the announcement today. The CFTC also provided valuable assistance with the matter. Assistant U.S. Attorney Christopher J. Markham, of Rollins’ Securities, Financial & Cyber Fraud Unit, and Trial Attorney Babasijibomi Moore of the Criminal Division’s Fraud Section are prosecuting the case.
Dracut Man Pleads Guilty to Armed RobberyRead the Press Release
BOSTON – A Dracut man pleaded guilty 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, pleaded guilty to one count of interfering with commerce by robbery and one count of using a firearm in furtherance of a crime of violence. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Oct. 14, 2022. Vangpa was charged by criminal complaint in August 2021 and subsequently indicted by a federal grand jury in October 2021.
“Mr. Vangpa’s acts of violence spread panic across the communities he violated and terrorized by committing multiple armed robberies. Residents should be able to visit their local businesses without fear,” said United States Attorney Rachael S. Rollins. “My office is committed to ensuring the safety of this Commonwealth. We will continue to work with our law enforcement partners to hold violent individuals accountable and more so when they use firearms during their crimes.”
“Convicted felon Michael Vangpa’s crime spree on Christmas Eve during which he committed three commercial armed robberies within an hour, brandishing a handgun, put the store clerks in fear for their lives, and the public in danger,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Removing violent criminals like him from our communities is the top priority of FBI Boston's Violent Crimes Task Force.”
“Armed robberies at neighborhood stores make citizens fearful to carry out their daily business in our community,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division. “ATF and our law enforcement partners are committed to pursuing violent offenders to ensure that those who commit violent crimes will be held accountable for their actions.”
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.
The charge of interference with commerce by robbery 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. The charge of discharging a firearm in furtherance of a crime of violence provides for a mandatory sentence of 10 years in prison to be served consecutively to any other sentence imposed 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.
U.S. Attorney Rollins, FBI SAC Bonavolonta, ATF SAC Ferguson 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 is prosecuting the case.
Lowell Man Sentenced to Seven Years in Prison for Illegal Firearm ChargesRead the Press Release
BOSTON – A Lowell man was sentenced on July 15, 2022 in federal court in Boston in connection with advertising the sale of firearms on Snapchat.
Juan Aparicio, 31, was sentenced by U.S. District Court Judge Patti B. Saris to seven years in prison and three years of supervised release. On Feb. 10, 2022, Aparicio pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
“Firearms are inherently dangerous weapons. Those who lawfully carry them in Massachusetts are required to undergo a thorough vetting process. There are also very strict requirements regarding the legal purchase and sale of any firearm. Convicted felons like Mr. Aparicio are strictly prohibited from possessing firearms in any way, which obviously includes trying to sell them on Snapchat,” said United States Attorney Rachael S. Rollins. “Whether an illegal possession or an unlawful sale is in person over conducted via social media, prohibited individuals will be found and prosecuted. We will work tirelessly with our law enforcement partners to keep deadly firearms out of the hands of prohibited individuals.”
“Illegal firearms trafficking is a serious threat to our communities,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division. “ATF’s Boston Division will continue to work with our local, state and federal partners to target firearms traffickers and remove them from our communities. This investigation is an example of our commitment to protecting the public and making Massachusetts safer.”
In June 2019 and January 2020, Aparicio posted videos on his Snapchat offering to sell numerous firearms. A search of Aparicio’s residence resulted in the recovery of a loaded assault rifle and handgun. Due to previous convictions punishable by more than one year in prison, Aparicio is prohibited from possessing firearms and ammunition.
U.S. Attorney Rollins, ATF SAC Ferguson, Middlesex County District Attorney Marian T. Ryan and Superintendent Raymond Kelly Richardson of the Lowell Police Department made the announcement. Assistant U.S. Attorneys Evan Panich and Charles Dell’Anno of Rollins’ Office prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Inform Diagnostics Agrees to Pay $16 Million to Resolve False Claims Act Allegations of Medically Unnecessary TestsRead the Press Release
BOSTON – Inform Diagnostics, Inc., (Inform) formerly known as Miraca Life Sciences, Inc. (Inform), has agreed to pay $16 million to resolve allegations that it submitted false claims for payment to Medicare and other federal health care programs.
Inform is a clinical laboratory headquartered in Irving, Texas, that provides anatomic pathology services to physician practices throughout the United States. On April 27, 2022, Fulgent Genetics purchased Inform, and the company is now a wholly owned subsidiary of Fulgent Genetics.
According to the settlement, Inform admits that, between 2013 and 2018, it routinely and automatically conducted additional tests on biopsy specimens prior to a pathologist’s review and without an individualized determination regarding whether additional tests were medically necessary. The United States contends that Inform’s policy of conducting routine additional tests caused Inform to perform many tests that were medically unnecessary. Inform submitted these medically unnecessary tests for payment, causing federal health care programs to pay for false claims.
“Laboratories that bill for medically unnecessary tests drain funds from Medicare and other federally funded health care programs,” said United States Attorney Rachael S. Rollins. “Prioritizing profit over complying with the law wastes hard earned taxpayer dollars. Companies that engage in this fraudulent conduct will be held accountable.”
“Clinical laboratories are expected to closely follow Medicare rules and bill properly — nothing more, nothing less,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General. “When that obligation is violated, government health care programs – and American taxpayers – pay the price. We are committed to pursuing these types of allegations along with our law enforcement partners as we work to protect the integrity of our federal health care system.”
“Companies that provide services to VA will be held to the highest standards of integrity, professionalism, and accountability,” said Christopher Algieri, Special Agent in Charge of the Veteran Affairs’ Office of Inspector General’s Northeast Field Office. “Submitting claims for medically unnecessary services will not be tolerated, and the VA OIG will continue to work with the U.S. Attorney’s Office and our law enforcement partners to hold wrongdoers accountable.”
“Submitting claims for medically unnecessary tests threatens the integrity of the federal health care programs and wastes taxpayer dollars,” said Amy K. Parker, Special Agent in Charge of the Office of Personnel Management’s Office of Inspector General. “Today’s settlement is a reminder to all providers that the OPM OIG will not tolerate fraud against the Federal Employees Health Benefits Program.”
“Billing federal health care programs for medically unnecessary tests contributes to the soaring costs of health care for all of us,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s settlement with Inform Diagnostics demonstrates the FBI’s commitment to ensuring that health care providers base their treatment decisions on patients’ needs rather than their own financial interests.”
The False Claims Act allegations being resolved were originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the government and share in any recovery. In connection with today’s settlement, the whistleblower will receive 17 percent of the recovery.
U.S. Attorney Rollins, HHS-OIG SAC Coyne, FBI SAC Bonavolonta and OPM OIG SAC Parker made the announcement today. The Department of Veterans Affairs’ Office of the Inspector General also provided assistance. Assistant U.S. Attorneys Alexandra Brazier and Lindsey Ross of Rollins’s Affirmative Civil Enforcement Unit handled the matter.
Ten Arrested in Southeastern Massachusetts Fentanyl Trafficking ConspiracyRead the Press Release
BOSTON – Ten individuals were arrested today for their alleged involvement in a drug trafficking organization (DTO) that distributed fentanyl throughout Southeastern Massachusetts and Rhode Island. During today’s arrests, 14.9 kilograms of suspected fentanyl and substantial amounts of cash and were seized from target locations.
According to the charging documents, in March 2021, law enforcement began investigating a DTO led by Estarlin Ortiz-Alcantara operating in Southeastern Massachusetts and Rhode Island. Intercepted communications on numerous cellphones allegedly identified Mario Rafael Dominguez-Ortiz, Yeury Francisco Garcia-Rodriguez, Rafael Cesar Cabreja Jimenez and Alfredo Rodriguez as members of the DTO who conspired with Ortiz-Alcantara to regularly distribute multi-kilograms of fentanyl from a base of operations at a stash house in Fall River. According to court documents, at the time of their arrest this morning, Cabreja Jimenez and Rodriguez had barricaded themselves in a back bedroom of the stash house upon the arrival of law enforcement.
The investigation also identified Rebecca Bartholomew, Edwin Collazo, Jason Cruz, Michael Pacheco and Jose Santiago as alleged regular DTO customers who re-distributed fentanyl to their own local customer bases in areas including Cape Cod and New Bedford. As part of the conspiracy, it is alleged that members of the DTO, under Ortiz-Alcantara’s management and control, conducted drug transactions with these regular customers in public areas – including in the diaper aisle of a store and in supermarket parking lots. It is also alleged that on at least one occasion, members of the DTO transported drugs concealed in cereal boxes while accompanied by a child. Over 500 grams of suspected fentanyl was seized during the investigation through controlled purchases and drug seizures.
The following defendants were arrested today and charged with conspiracy to distribute controlled substances:
- Estarlin Ortiz-Alcantara, 36, of Providence, R.I.;
- Mario Rafael Dominguez-Ortiz, 24, of Cranston, R.I.;
- Yeury Francisco Garcia-Rodriguez, a/k/a “Benjamin Osorio Pizarro,” 32, of Providence, R.I.;
- Rebecca Bartholomew, 36, of Yarmouth;
- Jose Santiago, 45, of New Bedford;
- Edwin Collazo, 26, of New Bedford;
- Jason Cruz, 41, of New Bedford;
- Michael Pacheco, 43, of Taunton;
- Rafael Cesar Cabreja Jimenez; and
- Alfredo Rodriguez.
“Today’s coordinated law enforcement operation disrupted an organization we believe served as a hub for the distribution of illegal and deadly narcotics in Southeastern Massachusetts and into Rhode Island,” said United States Attorney Rachael S. Rollins. “The opioid crisis has resulted in far too much harm and far too many deaths in our Commonwealth. My office will not relent in pursuing those who make a living off pumping poisonous fentanyl into our communities – violators will be identified, prosecuted, incarcerated and put out of business. I commend our federal, state and local law enforcement partners for their exceptional collaboration that led to today’s arrests and brought this case to fruition.”
“Opioid abuse is at epidemic levels in New England,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “Illegal drug distribution ravages the very foundations of our families and communities here in Massachusetts and Rhode Island. Let these arrests serve as an example to those who distribute poisons like fentanyl. The DEA will aggressively pursue and hold you accountable. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
The charge of conspiracy to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins, DEA SAC Boyle, New Bedford Police Chief Paul Oliveira and Fairhaven Police Chief Michael J. Myers made the announcement today. Special assistance was provided by the Massachusetts State Police; Homeland Security Investigations; Bristol County Sherriff’s Office; and Fall River, Taunton, Attleboro, Scituate, Yarmouth, Providence (R.I.) and West Warwick (R.I.) Police Departments. Assistant U.S. Attorney John T. Mulcahy 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.
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.
Lawrence Man Convicted of Fentanyl DistributionRead the Press Release
BOSTON – A Lawrence man was found guilty by a federal jury in Boston yesterday in connection with drug-trafficking activities involving fentanyl.
Ronald Carmona, 31, who most recently resided in Lawrence, was convicted following a week-long jury trial of one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and five counts of distribution and possession with intent to distribute 40 grams or more of fentanyl. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Nov. 21, 2022. Carmona was indicted in December 2019 by a federal grand jury and has been in custody since his arrest in October 2019.
“Distributing fentanyl in our Commonwealth causes significant harm to real people and their families. Fentanyl is 50 times more potent than heroin and 100 times more potent than morphine,” said United States Attorney Rachael S. Rollins. “Mr. Carmona organized the sale of over an entire kilogram of fentanyl across five different drug deals. One kilogram of fentanyl has the potential to kill 500,000 people. This conviction reflects my office’s relentless pursuit of those responsible for circulating dangerous drugs in our communities and fueling the opioid epidemic.”
“Ronald Carmona exploited the city of Lawrence as his drug-trafficking hub, dealing over one kilo of deadly fentanyl to anyone who could muster the cash to pay him, without a second thought to the harm he was inflicting upon his customers and his community,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Disrupting drug trafficking organizations like this one in which Mr. Carmona had a role is a critical part of our mission, and another example of how we are holding accountable those who are responsible for perpetuating the ongoing opioid crisis in our region.”
Between May 2019 and October 2019, Carmona arranged for and facilitated five separate sales of fentanyl to a long-time drug customer. Carmona then conspired with multiple other drug runners to deliver the fentanyl. All five drug deals totaled over one kilogram of fentanyl.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl 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. The charges of distribution and possession with intent to distribute 40 grams or more of fentanyl each provide for a mandatory minimum sentence of 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 and FBI SAC Bonavolonta made the announcement today. Valuable assistance was provided by the Lawrence Police Department, the Massachusetts State Police and the New Hampshire State Police. Assistant U.S. Attorneys Nathaniel Yeager and Steve Hassink of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.
Former Enforcer for New Bedford Latin Kings Chapter Sentenced to Seven Years in Prison for Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced today on racketeering charges.
Jose Vasquez, a/k/a “King Fearless,” 28, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to seven years in prison and three years of supervised release. On July 29, 2021, Vasquez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
Vasquez served as the Enforcer for the New Bedford Latin Kings Chapter. In his role as Enforcer, Vasquez admitted to approving a “mission,” which involved shooting a victim in June 2019. This victim was targeted for obtaining and selling drugs from a source that was not sanctioned by the Latin Kings. Vasquez also admitted to his participation in the shooting of two victims in May 2018. During that incident, multiple Latin Kings members chased the two victims to a vehicle, surrounded the vehicle and slashed their tires. Another Latin Kings member then fired gunshots at the two victims striking them. Both victims fled in the vehicle and survived. Vasquez admitted that these victims were targeted because one of the victims had objected to Latin Kings members conducting drug transactions in the victim’s driveway.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Vasquez is the 53rd defendant to be sentenced in the case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Paul Oliveira made the announcement. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard of Rollins’ Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brighton Man Arrested for $1.5 Million COVID-Relief FraudRead the Press Release
BOSTON – The owner of a Massachusetts-based food truck business has been arrested and charged in connection with allegedly filing fraudulent loan applications in order to obtain $1.5 million in pandemic relief under the Coronavirus Aid, Relief and Economic Security (CARES) Act and the American Rescue Plan Act.
Loc Vo, 55, was charged with one count of wire fraud. Vo was arrested yesterday afternoon at Newark International Airport and will appear in federal court in Boston at a later date.
According to the charging document, Vo owned Smart Gourmet LLC (Smart Gourmet), a food truck business in Massachusetts, and Indy Publish, a dormant Maryland company. Between April 2020 and July 2021, Vo submitted loan applications on behalf of these businesses under three Small Business Administration (SBA) pandemic relief programs: the Paycheck Protection Program (PPP), the Economic Injury Disaster Loan Program (EIDL), and the Restaurant Revitalization Fund (RRF). In these applications, Vo requested approximately $1.5 million and committed to use the funds for rent, mortgage interest, payroll and utilities, among other eligible expenses.
After receiving the relief funds, it is alleged that Vo immediately transferred most of them to brokerage accounts in his name to purchase shares in an electric car manufacturer, an internet marketplace company and a biotechnology company, among others.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain approved expenses, through the PPP. Another is the EIDL, through which the SBA offers loans that can only be used on certain permissible business expenses, which can include payment of fixed business debts, payroll, accounts payable, and other business-related expenses that could have been paid had the COVID-19 disaster not occurred. The American Rescue Plan Act established the RRF to provide funding to help restaurants and other eligible businesses keep their doors open through forgivable loans for eligible uses.
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 $250,000, or twice the gross gain or loss from the scheme, 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Benjamin A. Saltzman of Rollins’ Securities, Financial & Cyber Fraud Unit 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 document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lowell Career Offender Indicted on Firearms and Drug OffensesRead the Press Release
BOSTON – A Lowell man has been indicted by a federal grand jury in Boston on firearms and drug offenses.
Ricardo Colon, 34, was indicted on one count of possession with intent to distribute fentanyl and cocaine and one count of being a felon in possession of a firearm and ammunition. He will appear in federal court in Boston at a later date.
According to the charging document, on March 21, 2022, Colon was found in possession of cocaine and fentanyl intended for distribution as well as firearms and ammunition: a .22 caliber revolver, two 9 mm pistols, multiple gun magazines and 140 rounds of ammunition. Colon is prohibited from possessing firearms and ammunition due to multiple previous felony convictions.
The charge of being a felon in possession of firearms and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of distribution of and possession with intent to distribute fentanyl and cocaine provides for a sentence of up to 20 years in prison, 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; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Barry Golner, Interim Superintendent of the Lowell Police Department, made the announcement today. Assistant U.S. Attorney Evan Gotlob of Rollins’ Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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.
Local Paving Company Owner Charged with Tax EvasionRead the Press Release
BOSTON – The owner of a local paving company was charged today and has agreed to plead guilty in connection with a seven-year scheme to underreport income on his tax returns.
Robert Brainard, 52, of Weymouth, has agreed to plead guilty to one count of tax evasion. A plea hearing has not yet been scheduled by the Court.
According to the charging document, Brainard, the former owner of Got Pavement Needs, Inc., underreported income on his personal tax returns for tax years 2014 through 2021, resulting in an income tax loss of more than $593,993. In addition, to hide his control of the business, Brainard allegedly transferred ownership of his company in a straw sale, while maintaining control over the company’s operations and income.
The charge of tax evasion provides for a sentence of up to five years in prison, up to 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 Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Kriss Basil of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dorchester Man Pleads Guilty to Illegal Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Dorchester man previously convicted of state firearm charges pleaded guilty yesterday to illegal possession of a semiautomatic pistol and ammunition.
Michael King, a/k/a “Rugga”, 30, pleaded guilty to being a felon in possession of a firearm and ammunition. U.S. District Court Judge Denise J. Casper deferred acceptance of the plea until sentencing, which is scheduled for Nov. 9, 2022. Lee was indicted in March 2021.
On Dec. 18, 2020, King possessed a Smith & Wesson, Model 442 Airweight, .38 caliber revolver, loaded with five rounds of .38 caliber ammunition. King is prohibited from possessing a firearm or ammunition due to a prior felony conviction.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 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 Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Canton Police Chief Kenneth Berkowitz; and Norfolk County District Attorney Michael Morrisey made the announcement today. 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Springfield Woman Pleads Guilty in Drug Trafficking, Firearms and Money Laundering ConspiracyRead the Press Release
BOSTON – A Springfield woman pleaded guilty yesterday in federal court in Boston to her role in a large-scale drug trafficking conspiracy that distributed heroin and crack cocaine across western Massachusetts and into Vermont.
Nia Dinzey, a/k/a “Nia Moore-Bush,” 31, pleaded guilty to one count of conspiracy to distribute heroin, crack cocaine, and 500 grams or more of cocaine; five counts of distribution and possession with intent to distribute heroin, cocaine, and/or crack cocaine; two counts of money laundering conspiracy; seven counts of money laundering; one count of conspiracy to engage in the unlicensed dealing of firearms; one count of engaging in the unlicensed dealing of firearms; one count of aiding and abetting the crime of engaging in the unlicensed dealing of firearms; and one count of aiding and abetting the crime of being a felon in possession of a firearm. U.S. Senior District Court Judge William G. Young scheduled sentencing for Oct. 5, 2022.
Nia Dinzey was arrested and charged in January 2018 and subsequently charged in a superseding indictment in December 2018 along with other members and associates of a Springfield-based drug trafficking organization (DTO) that allegedly distributed heroin and crack cocaine.
“Ms. Dinzey was a main actor in a conspiracy that promoted drug distribution and violence in western Massachusetts and into Vermont,” said United States Attorney Rachael S. Rollins. “This defendant and her co-conspirators jeopardized the safety of our communities by trafficking large quantities of deadly narcotics and dealing firearms that made their way into our Commonwealth, Vermont and New Hampshire. The scope of this illicit conduct is egregious and for that, she appropriately faces significant jail time.”
“Reducing violent crime and protecting the public in the communities that we serve is a priority for the ATF and our law enforcement partners,” James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Office. “We will continue to work vigorously with our law enforcement partners to make sure those individuals who commit violent firearms and narcotics crimes are brought to justice.”
Nia Dinzey and her husband, Dinelson Dinzey, obtained narcotics in the Springfield area, transported them to Vermont themselves or via couriers and distributed the drugs in the Barre area. The two then conspired to launder the drug proceeds through bank accounts allegedly held by co-defendant Daphne Moore in trust for Nia Dinzey. The DTO would make cash deposits of its Vermont drug proceeds into the accounts. To obtain the proceeds, Nia Dinzey and, allegedly, Moore would facilitate withdrawals of those funds from the accounts in Massachusetts. Additionally, Nia Dinzey, her husband and others also conspired to engage in the unlicensed dealing of firearms and in a May 5, 2017 firearms sale. According to court documents, six firearms involved in this conspiracy were traced to individuals connected to Vermont or New Hampshire.
Dinelson Dinzey previously pleaded guilty and, in October 2019, was sentenced to 19 years in prison and 10 years of supervised release. Moore has pleaded not guilty and is pending trial.
The charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine carries a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charges of money laundering conspiracy and money laundering provide for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000. The charges of conspiring to engage in the unlicensed dealing of firearms and engaging in the unlicensed dealing of firearms provide for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of aiding and abetting the crime of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins and ATF SAC Ferguson made the announcement today. The case was investigated by the ATF’s Springfield Area Firearms Enforcement Task Force with assistance of the Internal Revenue Service’s Criminal Investigations in Boston, ATF’s Burlington Field Office, the Massachusetts State Police and the Vermont State Police. Assistant U.S. Attorney Catherine G. Curley of Rollins’ Springfield Office 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.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Connecticut Ophthalmologist Pleads Guilty to Five-Year Health Care Fraud SchemeRead the Press Release
BOSTON – A Connecticut doctor pleaded guilty today in federal court in Boston to receiving kickbacks in exchange for ordering medically unnecessary brain scans.
Dr. Donald Salzberg, 67, of Avon, Conn., pleaded guilty before U.S. Senior District Court Judge Douglas P. Woodlock to one count of conspiracy to commit health care fraud and one count of conspiracy to receive kickbacks. A sentencing hearing has not yet been scheduled by the Court. Salzberg was charged by an Information on May 23, 2022.
Salzberg, a licensed medical doctor in the State of Connecticut for 36 years, owned and operated Donald J. Salzberg, M.D., an ophthalmology practice in West Hartford, Conn. From 2014 through 2019, Salzberg conspired with a principal for a medical diagnostics company that performed transcranial doppler (TCD) scans – brain scans that measure blood flow in parts of the brain – to order hundreds of medically unnecessary TCD scans in exchange for kickbacks. Salzberg and his co-conspirator used false patient diagnoses to order the unnecessary brain scans, for which the co-conspirator would submit claims to Medicare and other insurance companies on behalf of the medical diagnostic company for payment. In exchange, Salzberg was paid cash kickbacks of $100 to $125 per test that he ordered, as well as sham administrative services fees. The scheme resulted in fraudulent bills of over $3 million to Medicare and private insurance companies.
The charge of conspiracy to commit health care 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. The charge of conspiracy to violate the anti-kickback statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division, Boston Field Office; Carol S. Hamilton, Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office. Assistant U.S. Attorneys Rachel Y. Hemani and Howard Locker of Rollins’ Health Care Fraud Unit are prosecuting the case.
Boston Gang Associate Sentenced for Cocaine Trafficking and Firearm OffensesRead the Press Release
BOSTON – A Boston gang associate was sentenced today for cocaine and firearm offenses in connection with his role in a cocaine trafficking conspiracy.
Renardo Williams, 45, of South Boston, was sentenced by U.S. District Court Judge Richard G. Stearns to time served (approximately 32 months in prison) and six years of supervised release. In September 2021, Williams pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute cocaine and one count of being a felon in possession of a firearm and ammunition.
Williams was charged in June 2020 along with 23 others as part of Operation Snowfall – a multi-year investigation into a drug trafficking organization (DTO) comprised of Boston-based street gang members and associates. Investigators identified Williams as a drug customer and distributor for co-defendant Kenji Drayton, the DTO’s principal drug suppler. In the hours preceding his arrest, investigators intercepted calls and conducted surveillance of Williams and Drayton, which allegedly indicated that Williams sought to purchase drugs from Drayton. At the time of his arrest, Williams was found in possession of approximately 125 grams of cocaine and a loaded firearm.
On April 13, 2022, Drayton pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine and conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine. He is scheduled to be sentenced on Aug. 10, 2022.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistance in the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Offices. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran, Chief of the Organized Crime & Gang Unit, prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
BioReference Laboratories and Parent Company Agree to Pay $9.85 Million to Resolve False Claims Act Allegations of Illegal Remuneration to Referring PhysiciansRead the Press Release
BOSTON – BioReference Health, LLC, formerly known as BioReference Laboratories, Inc., (BioReference) and OPKO Health, Inc. (OPKO) have agreed to pay $9.85 million to resolve alleged violations of the False Claims Act. The government alleges that BioReference rented office space from physicians and then paid those physician-landlords above-market rent so that the physicians would send their laboratory business to BioReference. BioReference, a subsidiary of OPKO, is headquartered in New Jersey and is one of the largest clinical laboratories in the United States.
Between January 2013 and March 2021, BioReference made lease payments to physicians and physician groups for the rental of office space for amounts that exceeded fair market value, in violation of the Physician Self‑Referral Law and the Anti-Kickback Statute. The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a health care provider from billing for certain services referred by physicians with whom the provider has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Anti‑Kickback Statute prohibits offering or paying remuneration with the intent to induce the referral of items or services covered by Medicare, Medicaid, and other federally funded programs. Both the Stark Law and the Anti-Kickback Statute are intended to ensure that physicians’ medical judgments are not compromised by improper financial inducements.
As part of today’s settlement, BioReference admitted that it rented the office space from the specified physician practices for Patient Service Centers (PSCs) where patients could have their blood samples taken. In calculating payments under certain PSC lease arrangements, BioReference inaccurately measured the amount of space it would use exclusively and included a disproportionate share of common spaces. BioReference analyzed referrals from nearby health care providers—including physician-landlords—when deciding whether to open, maintain, or close PSCs. Following OPKO’s acquisition of BioReference, the companies conducted multiple internal audits that showed that the payments to the specified physician-lessors exceeded fair market value. BioReference did not report or return any overpayments to federal health care programs.
“Medical decisions by doctors should be based on what is best for each patient, not a doctor’s personal financial interest,” said United States Attorney Rachael S. Rollins. “When companies violate the federal health care laws that are meant to protect patients, health care costs for hard working people increase. We will continue to find fraud and use the False Claims Act to make companies that break the law pay back the taxpayers they defrauded as well as pay a financial price for their misconduct.”
“The integrity of federal health care programs depends on providers making decisions based on the interests of their patients,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice and its agency partners are committed to enforcing laws prohibiting illegal financial arrangements that may distort health care decision-making and drive up costs to federal health care programs and patients.”
In connection with the False Claims Act settlement, BioReference and OPKO have also entered into a five-year Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General, which provides for periodic reviews of BioReference’s processes, policies, and transactions for compliance with the Anti-Kickback Statute and the Stark Law by an Independent Review Organization.
“This settlement is a warning to laboratories that think they can boost their profits by entering into improper financial arrangements with referring physicians,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General. “Working with our law enforcement partners, we will continue to crack down on such deals, which work to undermine impartial medical judgement, drive up health care costs, and corrode the public’s trust in the health care system.”
“Laboratories that scheme to enrich their businesses through health care fraud—such as by paying kickbacks—drive up health care costs for everyone,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This settlement shows how seriously the FBI takes its responsibility to weed them out, and we’d also like to thank the whistleblower in this case for helping us ensure these entities are held accountable.”
“When health care companies pay unlawful remuneration to physicians and submit false claims for improper referrals, they undermine the integrity of TRICARE and place an unnecessary financial burden on the program,” stated Special Agent in Charge Patrick J. Hegarty of the Defense Criminal Investigative Service, the law enforcement arm of the Department of Defense Office of Inspector General. “The settlement agreement announced today demonstrates our ongoing commitment to work with our law enforcement partners to investigate healthcare fraud and protect TRICARE, the healthcare system for military members and their dependents.”
The False Claims Act allegations being resolved were originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the government and share in any recovery. In connection with today’s settlement, the whistleblower will receive 17 percent of the recovery.
Under the settlement, the defendants will also pay approximately $145,000 to the Commonwealth of Massachusetts and the State of Connecticut to resolve alleged violations of their respective state False Claims Acts.
U.S. Attorney Rollins, HHS-OIG SAC Coyne, FBI SAC Bonavolonta and DCIS SAC Hegarty made the announcement today. Assistant U.S. Attorneys Alexandra Brazier and Charles B. Weinograd of Rollins’s Affirmative Civil Enforcement Unit, and Trial Attorney Douglas Rosenthal of the Justice Department’s Civil Division, Commercial Litigation Branch, handled the matter.
BioReference Laboratories and Parent Company Agree to Pay $9.85 Million to Resolve False Claims Act Allegations of Illegal Payments to Referring PhysiciansRead the Press Release
BioReference Health LLC, formerly known as BioReference Laboratories, Inc., (BioReference), and OPKO Health, Inc. (OPKO) have agreed to pay $9.85 million to resolve alleged violations of the False Claims Act arising from BioReference’s payment of above-market rents to physician landlords for office space in order to induce referrals from those physicians to BioReference. BioReference, a subsidiary of OPKO, is headquartered in New Jersey and is one of the largest clinical laboratories in the United States.
“The integrity of federal health care programs depends on providers making decisions based on the interests of their patients,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice and its agency partners are committed to enforcing laws prohibiting illegal financial arrangements that may distort health care decision-making and drive up costs to federal health care programs and patients.”
BioReference and OPKO have agreed to pay $9.85 million to resolve allegations that, between January 2013 and March 2021, BioReference made lease payments to physicians and physician groups for the rental of office space for amounts that exceeded fair market value, in violation of the Physician Self‑Referral Law and the Anti-Kickback Statute. The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a health care provider from billing for certain services referred by physicians with whom the provider has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Anti‑Kickback Statute prohibits offering or paying remuneration to induce the referral of items or services covered by Medicare, Medicaid and certain other federally funded programs. Both the Stark Law and the Anti-Kickback Statute are intended to ensure that medical judgments are not compromised by improper financial inducements.
As part of today’s settlement, BioReference admitted that it rented the office space from the specified physician practices for Patient Service Centers (PSCs), where patients could have their blood samples taken. In calculating payments under certain PSC lease arrangements, BioReference inaccurately measured the amount of space BioReference would use exclusively and included a disproportionate share of common spaces. BioReference analyzed referrals from nearby health care providers — including physician-lessors — when deciding whether to open, maintain or close PSCs. Following OPKO’s acquisition of BioReference, the companies conducted multiple internal audits that showed that the payments to the specified physician-lessors exceeded fair market value. BioReference did not report or return any overpayments to federal health care programs.
“Medical decisions by doctors should be based on what is best for each patient, not a doctor’s personal financial interest,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “When companies violate the federal health care laws that are meant to protect patients, health care costs for hard working people increase. We will continue to find fraud and use the False Claims Act to make companies that break the law pay back the taxpayers they defrauded as well as pay a financial price for their misconduct.”
In connection with the False Claims Act settlements, BioReference has also entered into a “Corporate Integrity Agreement” with the Department of Health and Human Services, Office of Inspector General (HHS-OIG).
“This settlement is a warning to laboratories that think they can boost their profits by entering into improper financial arrangements with referring physicians,” said Special Agent in Charge Phillip M. Coyne of HHS-OIG. “Working with our law enforcement partners, we will continue to crack down on such deals, which work to undermine impartial medical judgement, drive up health care costs, and corrode the public’s trust in the health care system.”
“Laboratories that scheme to enrich their businesses through health care fraud — such as by paying kickbacks — drive up health care costs for everyone,” said Special Agent in Charge Joseph R. Bonavolonta of the FBI Boston Division. “This settlement shows how seriously the FBI takes its responsibility to weed them out, and we’d also like to thank the whistleblower in this case for helping us ensure these entities are held accountable.”
“When health care companies pay unlawful remuneration to physicians and submit false claims for improper referrals, they undermine the integrity of TRICARE and place an unnecessary financial burden on the program,” stated Special Agent in Charge Patrick J. Hegarty of the Defense Criminal Investigative Service, the law enforcement arm of the Department of Defense Office of Inspector General. “The settlement agreement announced today demonstrates our ongoing commitment to work with our law enforcement partners to investigate health care fraud and protect TRICARE, the health care system for military members and their dependents.”
The settlement resolves allegations that were originally brought in a lawsuit filed by Jean Marie Crowley, a former employee at BioReference and OPKO, under the qui tam or whistleblower provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the government and share in any recovery. Ms. Crowley will receive approximately $1.7 million as her share of the recovery in this case. The qui tam case is captioned United States ex rel. Crowley v. BioReference Laboratories, Inc. and OPKO Health, Inc., Civil Action No. 19-CV-10981-WGY (D. Mass.). Under the settlement, defendants will also pay the Commonwealth of Massachusetts $141,041 and the State of Connecticut $5,001 to resolve alleged violations of their respective state False Claims Acts.
The investigation was conducted by the Civil Division, Commercial Litigation Branch, Fraud Section, of the Department of Justice and the U.S. Attorney’s Office for the District of Massachusetts with assistance from HHS-OIG and Office of the General Counsel, the Department of Defense Office of Inspector General and the FBI.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Solera Specialty Pharmacy Agrees to Enter into Deferred Prosecution Agreement; Company and CEO to Pay $1.31 Million for Submitting False Claims for Anti-Overdose DrugRead the Press Release
Florida-based Solera Specialty Pharmacy has entered into a deferred prosecution agreement and agreed to pay a $1.31 million civil settlement to resolve allegations that it submitted fraudulent claims to Medicare for Evzio, a high-priced drug used in rapid reversal of opioid overdoses.
According to Solera’s admissions in the criminal and civil agreements, the pharmacy dispensed Evzio from January 2017 to May 2018. During that time, Evzio was the highest-priced version of naloxone on the market and insurers frequently required the submission of prior authorization requests before they would approve coverage for Evzio. Solera completed Evzio prior authorizations forms in place of the prescribing physicians, including instances in which Solera staff signed the forms without the physician’s authorization and listed Solera’s contact information as if it were the physician’s information. In addition, Solera submitted Evzio prior authorization requests that contained false clinical information to secure approval for the expensive drug. Finally, Solera waived Medicare beneficiary co-payment obligations for Evzio on numerous occasions without analyzing whether the patient had a genuine financial hardship.
“Pharmacies, like all Medicare providers, must submit accurate claims,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s continuing commitment to preventing submissions of false claims by entities at all levels of the health care delivery chain.”
“Taxpayers deserve honesty and integrity from those who profit from federal health care programs,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “This resolution will provide oversight to correct behavior and prevent it from happening again.”
Solera entered into a deferred prosecution agreement in connection with a criminal information charging the pharmacy with one count of health care fraud. Solera and its CEO, Nicholas Saraniti, also entered into a civil settlement agreement and will pay the government $1.31 million to resolve claims under the False Claims Act.
In connection with the settlements, Solera and Saraniti entered into a three-year integrity agreement (IA) with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). The IA requires, among other things, Solera implement measures designed to ensure that its submission of claims for pharmaceutical products complies with applicable law relating to prior authorizations and collection of beneficiary co-payment obligations. In addition, the IA requires reviews by an independent review organization.
“The submission of truthful and accurate documentation by all parties involved in the delivery of health care goods or services is essential to the integrity of federal health care programs. This includes pharmacies that submit claims for pharmaceutical products,” said Special Agent in Charge Phillip M. Coyne of the HHS-OIG. “Along with our law enforcement partners, HHS-OIG is committed to preventing fraud in Medicare and other taxpayer-funded health care programs.”
“Today’s settlement resolves serious allegations that Solera submitted false and fraudulent claims to Medicare for their own financial gain, pilfering funds from a program intended to help those truly in need, while going behind the backs of prescribing physicians to secure approval for this expensive anti-overdose drug,” said Special Agent in Charge Joseph R. Bonavolonta of the FBI Boston Division. “This is not a victimless crime — health care fraud is a crime against all of us who contribute hard earned income and taxes into the system. The FBI will continue to work with our law enforcement partners to ensure those who willingly defraud the American people are held accountable.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Rebecca Socol, a former employee of kaléo Inc., the manufacturer of Evzio. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. As part of this resolution, Ms. Socol will receive $262,000 of the settlement amount. The qui tam case is captioned United States ex rel. Socol v. Solera Specialty Pharmacy LLC., 18-cv010050-RGS (D. Mass.) (under seal). In 2021, the department announced settlements with kaléo for $12.7 million and with other pharmacies for $1 million relating to the submission of false claims for Evzio.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of Massachusetts, with assistance from the HHS OIG; the Department of Defense Criminal Investigative Service; the Office of Personal Management, Office of Inspector General; the FBI; and the U.S. Postal Service Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Senior Trial Counsel Sarah Arni of the Justice Department’s Civil Division and Assistant U.S. Attorneys David Derusha, Abraham George and Amanda P.M. Strachan for the District of Massachusetts.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Pharmacy Agrees to Enter into Deferred Prosecution and Civil Settlement Agreements in Connection with Fraudulent Claims for Anti-Overdose DrugRead the Press Release
BOSTON – Florida-based Solera Specialty Pharmacy has entered into a deferred prosecution agreement and has agreed, along with its Chief Executive Officer (CEO), to pay a $1.31 million civil settlement to resolve allegations that it submitted fraudulent claims to Medicare for Evzio, a high-priced drug used in rapid reversal of opioid overdoses.
According to the admissions of Solera and its CEO Nicholas Saraniti in the civil agreement, and Solera’s additional admissions in the criminal agreement, the pharmacy dispensed Evzio from January 2017 to May 2018. During that time, Evzio was the highest-priced version of naloxone on the market and insurers frequently required the submission of prior authorization requests before they would approve coverage for Evzio. Solera completed Evzio prior authorization forms in place of the prescribing physicians, including instances in which Solera staff signed the forms without the physician’s authorization and listed Solera’s contact information as if it were the physician’s. In addition, Solera submitted Evzio prior authorization forms that contained false clinical information to secure approval for the expensive drug. Finally, Solera waived Medicare beneficiary co-payment obligations for Evzio on numerous occasions without analyzing whether the patient had a genuine financial hardship.
Solera entered into a deferred prosecution agreement in connection with a criminal information charging the pharmacy with one count of health care fraud. Solera and its CEO, Saraniti, also entered into a civil settlement agreement and will pay the government $1.31 million to resolve claims under the False Claims Act.
“Taxpayers deserve honesty and integrity from those who profit from federal health care programs,” said United States Attorney Rachael S. Rollins. “This resolution will provide oversight to correct behavior and prevent it from happening again.”
“Pharmacies, like all Medicare providers, must submit accurate claims,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s continuing commitment to preventing submissions of false claims by entities at all levels of the health care delivery chain.”
In connection with the settlement, Solera and Saraniti entered into a three-year Integrity Agreement (IA) with the U.S. Department of Health and Human Services Office of Inspector General. The IA requires, among other things, that Solera implement measures designed to ensure that its submission of claims for pharmaceutical products complies with applicable law relating to prior authorizations and collection of beneficiary co-payment obligations. In addition, the IA requires reviews by an independent review organization.
“The submission of truthful and accurate documentation by all parties involved in the delivery of health care goods or services is essential to the integrity of federal health care programs. This includes pharmacies that submit claims for pharmaceutical products,” said Special Agent in Charge Phillip M. Coyne of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Along with our law enforcement partners, HHS-OIG is committed to preventing fraud in Medicare and other taxpayer-funded health care programs.”
“Today’s settlement resolves serious allegations that Solera submitted false and fraudulent claims to Medicare for their own financial gain, pilfering funds from a program intended to help those truly in need, while going behind the backs of prescribing physicians to secure approval for this expensive anti-overdose drug,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This is not a victimless crime—health care fraud is a crime against all of us who contribute hard earned income and taxes into the system. The FBI will continue to work with our law enforcement partners to ensure those who willingly defraud the American people are held accountable.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Rebecca Socol, a former employee of kaléo Inc., the manufacturer of Evzio. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Socol v. Solera Specialty Pharmacy, LLC., 18-cv010050-RGS (D. Mass.) (under seal). In 2021, the department announced settlements with kaléo for $12.7 million and with other pharmacies for $1 million relating to the submission of false claims for Evzio.
U.S. Attorney Rollins, Principal Deputy AAG Boynton of the Justice Department’s Civil Division, HHS-OIG SAC Coyne and FBI Boston SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys David J. Derusha, Abraham R. George, and Amanda P.M. Strachan of Rollins’s Office and Senior Trial Counsel Sarah Arni of the Justice Department’s Civil Division handled the matter.
Connecticut Man Agrees to Plead Guilty to Cyberstalking and Threatening Massachusetts WomanRead the Press Release
BOSTON – A Connecticut man has agreed to plead guilty to threatening, harassing and intimidating a Massachusetts woman through social media and email.
Marshall Nicholas Fain, 31, of New Haven, Conn., has agreed to plead guilty to one count of cyberstalking and one count of transmitting threats through interstate commerce. Fain was arrested and charged on Feb. 2, 2022. A plea hearing has not yet been scheduled by the Court.
“The language used by this individual made his intent clear. Threats of violence, whether spoken, written, or transmitted over the internet, will not be tolerated. Domestic violence takes many forms. Verbal abuse and threats are one of them and can be precursors to escalated behaviors – like the stalking involved in this case – and, in some cases, physical abuse. Mr. Fain’s violent words landed him in this situation, and we will continue to prosecute threats of violence of any form,” said United States Attorney Rachael S. Rollins.
According to the charging documents, Fain was in a relationship with the victim for approximately two years, until the relationship ended in August 2021. Soon after, in September 2021 and continuing through December 2021, Fain sent the victim multiple private messages through email and social media threatening to kill the victim and members of her family.
According to the charging documents, Fain created multiple social media and email accounts which he used to harass and threaten the victim anonymously. Specifically, Fain used anonymous Instagram and Facebook accounts to send the victim messages that said, among other things, “I’ll kill you” and “You gonna get yours if it’s the last thing I do.” Fain also used anonymous email addresses to send the victim threatening messages that said, among other things, “I’m gonna find you and kill you if it’s the last thing I do,” “By now you know I don’t give a f*** about my own life so I really don’t mind taking yours,” and “When the time is right you gonna be one of the girls going missing. Ima torture the f*** out of you when I catch you.”
The charge of stalking by electronic means 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 transmitting threats through interstate commerce provides for a sentence of up to two years in prison, one year 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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The Federal Bureau of Investigation, New Haven Division, provided valuable assistance in the matter. Assistant U.S. Attorney Evan Gotlob of Rollins Major Crimes Division 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.
Former GSA Official Sentenced to Four Months in Prison for Receiving Illegal GratuityRead the Press Release
BOSTON – A former employee of the U.S. General Services Administration (GSA) was sentenced today in federal court in Boston for receiving illegal gratuity.
Kevin Richards, 52, of Hanover, was sentenced by U.S. Chief District Court Judge F. Dennis Saylor IV to four months in prison and one year of supervised release. Richards was also ordered to pay a fine of $7,500 and forfeiture of $10,250. On March 29, 2022, Richards pleaded guilty to one count of receiving an illegal gratuity as a public official and two counts of making false statements to a federal agency.
Richards was employed as the Leasing Director for the New England Region of the Public Buildings Service, a division of GSA. Starting in 2017, Richards also worked as a licensed real estate agent for a Duxbury real estate company owned by Individual A, from whom he received real estate commissions in 2017 and 2018. Richards was permitted to have a job outside GSA provided that he disclosed it, and whether or not he received any compensation, in an annual financial disclosure report required by GSA’s ethics office.
In November 2019, GSA posted a job announcement “Realty Specialist (Lease Contracting Officer)” opening in Richards’s office for which he would be the hiring manager. In April 2020, Richards emailed Individual A about the job posting, substantively edited Individual A’s resume and gave Individual A confidential GSA interview questions, all without telling GSA. Individual A applied and was selected by Richards for the position over 65 qualifying individuals who had also applied for the job. Richards then successfully sought authorization for Individual A to receive an above-normal salary – $102,517 instead of $85,428 – and an above-normal accrual rate for annual leave. Richards did not disclose his financial relationship with Individual A with GSA officials.
Shortly after Individual A started at GSA and almost two years after Richards had earned a commission from the Duxbury real estate company, Richards texted Individual A, “If you need any help on your new listing let me know.” A few days later Individual A advertised Richards as a listing agent for a $1.1 million property in Duxbury. Individual A paid Richards a $10,250 commission when the second property sold.
In his GSA financial disclosure report for 2020, Richards falsely stated that he had not held any positions outside GSA that year. On Feb. 22, 2021, a GSA ethics official emailed Richards, asking whether he still had the position with the Duxbury real estate company that he had reported having in 2019. Richards falsely replied, “I did not work for them last year. I did not do any outside business last year.” In fact, Richards had done work for the Duxbury real estate company in 2020 and later filed a federal tax return in which he reported a net loss of $14,592 working for that company in 2020.
United States Attorney Rachael S. Rollins and Joseph Dattoria, Special Agent in Charge of the U.S. General Services Administration, Office of Inspector General, Boston Field Investigations Office made the announcement today. Assistant U.S. Attorneys Christine Wichers and Dustin Chao of Rollins’ Public Corruption & Special Prosecutions Unit prosecuted the case.
Convicted Sex Offender Sentenced to 20 Years in Prison for Child Pornography OffensesRead the Press Release
BOSTON – A Greenfield man was sentenced today in federal court in Springfield for receiving child pornography. The defendant used Facebook messenger to communicate with a minor in the Philippines and receive pornographic images of the child.
Charles Fox, 47, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 20 years in prison and 10 years of supervised release. On Nov. 22, 2021, Fox pleaded guilty to two counts of receipt of child pornography.
“Mr. Fox exploited a helpless child on the other side of the world, robbing them of their innocence,” said United States Attorney Rachael S. Rollins. “He engaged in this repugnant behavior while he was a registered sex offender. Protecting children from predators like Mr. Fox and securing Justice and accountability for vulnerable victims is one of my top priorities. Those who seek to sexualize and exploit children will be prosecuted to the fullest extent of the law.”
“Fox preyed upon a child, using common social media channels to seek out a vulnerable victim and exploit them,” said Matthew Millhollin, Special Agent in Charge for the Homeland Security Investigations New England Field Office. “Child exploitation is among the most heinous crimes we investigate and HSI is totally committed to working with our partners to find predators like Fox and work for justice for their victims.”
Fox induced a minor in the Philippines to engage in sexually explicit conduct for the purpose of producing images of that conduct. Specifically, Fox used Facebook messenger to communicate with the minor and to receive the pornographic images. In exchange for the images, Fox sent Western Union payments to the Philippines.
Fox is a registered sex offender for a 2010 conviction of indecent assault and battery on a child under 14 years of age.
U.S. Attorney Rollins and HSI SAC Millhollin made the announcement. Assistant U.S. Attorney Catherine G. Curley of Rollins’ Springfield Branch Office prosecuted the case.
Career Offender Sentenced to Four Years in Prison for Distributing CocaineRead the Press Release
BOSTON – A Cambridge man was sentenced on July 8, 2022 in federal court in Boston for cocaine distribution.
Dante Starks, a/k/a “Tay,” 40, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to four years in prison and three years of supervised release. In March 2021, Starks pleaded guilty to one count of distribution of cocaine.
This case was a part of Operation Landshark, a federal investigation targeting impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking.
The investigation identified Starks a career offender and target impact player due to his multiple felony convictions of controlled substance offenses. In July 2018, Starks sold approximately 14 grams of cocaine to a cooperating witness in a Brockton parking lot. At the time of the offense, Starks was on probation for a 2015 conviction out of Suffolk Superior Court for multiple drug distribution offenses, for which he served one year in prison.
Previously, in 2012, Starks was convicted in Plymouth Superior Court of drug distribution offenses, assault and battery of a police officer and resisting arrest, for which he served three years in prison. In 2011, Starks was convicted in Dorchester District Court of drug distribution offenses for which he served 30 months in prison. In 2004, Starks was charged and fined for drug distribution offenses.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Kevin Hayden; Boston Police Commissioner Gregory Long; and Brockton Police Chief Brenda Perez made the announcement today. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. Assistant U.S. Attorney Timothy E. Moran, Chief of Rollins’ Organized Crime & Gang Unit, prosecuted the case.
Operation Landshark was 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 make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
United States Files Forfeiture Action for Historic Marksmanship Medals Taken from Springfield ArmoryRead the Press Release
BOSTON – The United States Attorney’s Office filed a civil forfeiture action against 24 marksmanship medals from the 1880s and 1890s believed to have been unlawfully removed from the Springfield Armory, a National Historic site, several decades ago.
The Springfield Armory, located in Springfield, Mass., is a National Historic site managed by the National Park Service. All of the artifacts in the Springfield Armory’s collection are property of the United States Government.
The medals were awarded to Milan Bull and Freeman Bull, members of the Massachusetts Volunteer Militia in the late 1800s. The daughter and niece of Freeman Bull and Milan Bull donated the medals to the Springfield Armory in 1944.
In October 2021, a collector contacted a curator at the Springfield Armory inquiring about the marksmanship medals. Based on the information provided by the collector, the Springfield Armory was able to determine that numerous items matching the collector’s items were missing from the Armory’s collection since the 1990s. The Federal Bureau of Investigation subsequently seized the medals.
“Massachusetts is the birthplace of the American Revolution, a war that gained our nation’s independence. Protecting and preserving artifacts of our Commonwealth’s history is of fundamental importance to this,” said United States Attorney Rachael S. Rollins. “My office is committed to combating the theft and sale of stolen historical property. The recovery of these important artifacts is the result of the excellent collaborative work between my office’s Asset Recovery Unit, the FBI, and the National Park Service.”
“These stolen medals that once belonged to world class marksmen and have been missing for almost 30 years are now one step closer to being returned to their rightful owner,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Their absence represented not just a physical and financial loss, but a loss to every visitor who missed out on viewing these significant artifacts of military history. The FBI is very proud to have recovered them.”
The Springfield Armory was established in 1777 as a federal arsenal to supply the Continental Army during the Revolutionary War. After the Revolutionary War, the Springfield Armory remained under control of the United States Army until 1974 when Congress designated it as a national historic landmark and transferred control to the National Park Service. The Springfield Armory began operating a museum on the premises in 1866, and from that time, it collected artifacts.
It is a violation of federal law to embezzle, steal, purloin, or knowingly convert, or, without authority, to sell, convey or dispose of government property. A civil forfeiture action allows third parties to assert claims to property, which must be resolved before the property can be forfeited to the United States and returned to victims.
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.
Former Contracting Officer for the Department of Defense to Plead Guilty in Conspiracy to Defraud the GovernmentRead the Press Release
BOSTON – An Uxbridge man has agreed to plead guilty to his role in a conspiracy to defraud the government of thousands of dollars from 2014 to 2018.
Thomas Bouchard, 59, of Uxbridge, Mass, has agreed to plead guilty to one count of conspiracy and 10 counts of theft of government funds. A plea hearing has not yet been scheduled by the Court. Bouchard was arrested and charged in July 2020 along with co-defendant Chantelle Boyd.
Bouchard was the Contracting Officer in charge of the U.S. Army Natick Contracting Division, a full-service contracting organization for the Department of Defense. According to the charging documents, in 2014, Bouchard used his long-standing relationship with Evolution Enterprise, Inc., a government contractor, to allegedly have Boyd hired for a “no show” job as an assistant that specifically supported Bouchard. Boyd’s position cost the Department of Defense more than $490,000 during her time at Evolution from 2014 to 2018, during which Boyd allegedly performed little if any useful function.
Bouchard and, allegedly, Boyd took numerous government-funded trips, ranging in duration from two to 15 days, under the guise that they were work related. This included 31 trips to Orlando, Fla., among other locations such as Clearwater Beach, Fla., and Stafford, Va., during which Boyd allegedly performed little if any work. For many of the trips, Bouchard and, allegedly, Boyd stayed in the same hotel room and spent time at the pool and Disney parks – all during business hours. In order to conceal the personal nature of the trips, Bouchard altered, created and approved false travel to reimburse the Boyd for out-of-pocket expenses.
The charge of conspiracy provides a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charges of theft of government funds each provide 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; Joseph Dattoria, Special Agent in Charge of the General Services Administration Office of Inspector General; Patrick Hegarty, Special Agent in Charge of the Defense Criminal Investigative Service; and Michael Connor, Resident Agent in Charge of the Army Criminal Investigations Command, Major Procurement Fraud Unit made the announcement. Assistant U.S. Attorney Evan Gotlob of Rollins’ Major Crimes Unit is 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.
Chelmsford Man Pleads Guilty to Distributing Fentanyl and Methamphetamine Pills in Drug Trafficking ConspiracyRead the Press Release
BOSTON – A Chelmsford man pleaded guilty yesterday in federal court in Boston to trafficking counterfeit oxycodone and Adderall pills that actually contained fentanyl and methamphetamine.
Vando Gvozdarevic, 29, pleaded guilty to possession with intent to distribute 500 grams or more of methamphetamine and 40 grams or more of fentanyl. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Nov. 7, 2022.
“Yesterday, Mr. Gvozdarevic admitted to peddling deadly narcotics – fentanyl and methamphetamine – disguised in the form of counterfeit prescription pills into neighborhoods across New England. He is part of a drug pipeline that profited off of destroying lives, families, and communities,” said United States Attorney Rachael S. Rollins. “That he committed the instant felonies while on probation for similar state crimes is an affront to the overwhelming number of people that adhere to the terms of their probation without incident. This was a lost opportunity for Mr. Gvozdarevic. Probation can assist people with employment opportunities and training. I am committed to working with my law enforcement partners to make sure probationers and the community know all of the employment and advancement opportunities individuals have if they come into contact with the criminal legal system. There are viable options.”
“Convicted felon Vando Gvozdarevic supplied a ruthless gang demonstrating a blatant disregard for the law by distributing counterfeit prescription pills containing methamphetamine and fentanyl while on state probation for similar crimes. Today, he was convicted yet again for his role in a multi-state drug trafficking conspiracy that posed a significant threat to our communities,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Getting dangerous criminals off the street and dismantling the organized and violent criminal enterprises they belong to is a top priority of the FBI’s North Shore Gang Task Force.”
Gvozdarevic was charged in November 2021 along with 12 others in connection with a large drug conspiracy centering around the Gangster Disciples in Lawrence, Haverhill and Methuen. The investigation, which began in August 2020, intercepted communications between Gangster Disciples’ leaders, members and drug suppliers pertaining to their alleged distribution of fentanyl, cocaine, methamphetamine and suboxone in Massachusetts, Maine and southern New Hampshire as well as into the Essex County Jail. The investigation identified Gvozdarevic as a supplier of methamphetamine and fentanyl disguised as counterfeit Adderall and oxycodone pills. 12,556 counterfeit Adderall pills containing methamphetamine and 3,717 counterfeit oxycodone pills containing fentanyl were seized from Gvozdarevic’s apartment during the execution of a federal search warrant.
At the time of his arrest, Gvozdarevic was on probation for drug trafficking and firearm convictions out of Middlesex Superior Court, for which he served a five-year prison sentence.
Gvozdarevic is the third defendant to plead guilty in the case.
The charge of possession with intent to distribute 500 grams or more of methamphetamine provides for a sentence of at least 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine of $10 million. The charge of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins, FBI SAC Bonavolonta and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Valuable assistance was provided by the Chelmsford Police Department. Assistant U.S. Attorney Philip C. Cheng of Rollins’ Organized Crime & Gang Unit is prosecuting the case.
This case 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.
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 make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Arrested in Counterfeit Fentanyl Pills ConspiracyRead the Press Release
BOSTON – A Boston man was arrested yesterday for his alleged participation in a conspiracy to distribute thousands of counterfeit prescription pills containing fentanyl.
Alexis Radhames Diaz Tejeda, 44, was charged with one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl. Following an initial appearance today in federal court in Boston before U.S. District Court Magistrate Judge Judith G. Dein, Diaz Tejeda was detained pending a detention hearing which is scheduled for July 12, 2022.
“Counterfeit fentanyl pills put lives at risk, destroy communities and worsen the opioid crisis. These powerful pills are manufactured to look like regular prescriptions from a pharmacy, but beneath that disguise is a deadly narcotic,” said United States Attorney Rachael S. Rollins. “We believe Diaz Tejeda conspired to flood our neighborhoods with thousands of fentanyl pills. This arrest means that one less alleged drug trafficker, and approximately 5,000 fewer potentially deadly pills, are out on the streets of Boston threatening the health and safety of our residents. We will use every resource to stem the flow of fentanyl in our Commonwealth and remove drug traffickers from our communities.”
“DEA is committed to investigating and dismantling drug trafficking organizations and individuals like Mr. Diaz Tejeda who are responsible for distributing lethal drugs like counterfeit fentanyl pills to the citizens of Massachusetts,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “This arrest serves as a warning to those traffickers who are fueling the opioid epidemic with deadly drugs in order to profit and destroy people’s lives. DEA’s top priority is combating the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes this poison.”
According to the charging document, in October 2021, law enforcement began an investigation into the drug trafficking and money laundering activities of Diaz Tejeda and others. On March 7, 2022, during a video-recorded controlled purchase in Dorchester, Diaz Tejeda was allegedly captured providing a confidential source with 30 counterfeit fentanyl pills as a sample. It is alleged that, on June 1, 2022, Diaz Tejeda again met with the confidential source during a controlled purchase in Lawrence, this time providing the source with 1,000 counterfeit fentanyl pills weighing approximately 152 grams. On July 5, 2022 in Dorchester, Diaz Tejeda allegedly agreed to sell another 4,000 fentanyl pills to the confidential source and arranged for the deal to occur the following day in Dorchester. Diaz Tejeda was arrested on July 6, 2022 after greeting the source for the arranged deal. It is alleged that approximately 4,000 fentanyl pills weighing approximately 513 grams were recovered during a subsequent search of Diaz Tejeda’s residence.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl provides for a sentence of at least 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine of up to $10 million. 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 DEA SAC Boyle made the announcement. Special assistance was provided by the Boston Police Department’s Gang Unit 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 charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Swansea Man Arrested for Child PornographyRead the Press Release
BOSTON – A Swansea man has been arrested on child pornography charges.
Todd Miozza, 51, was charged with possession of child pornography. Miozza was arrested on June 29, 2022 and, following an initial appearance yesterday in federal court in Boston before U.S. District Court Magistrate Judge Donald L. Cabell, Miozza was detained pending a detention hearing which is scheduled for July 5, 2022.
“My number one priority as U.S. Attorney is to keep the people of Massachusetts healthy and safe,” said United States Attorney Rachael S. Rollins. “Child pornography is not a victimless crime. Although a person who views child sexual abuse material may never meet the children depicted in the imagery, a child was harmed to produce each image and each view and image exacerbates that harm. Some of the images in this case allegedly involve infants. We will dedicate every resource necessary to protect children.”
“Miozza stands accused of the same crime of which he was convicted of two decades ago—possession of child pornography. These materials document the abuse and exploitation of children, a horrific violation that inflicts untold harm on the most vulnerable. Homeland Security Investigations is committed to investigating those who possess child sexual abuse materials as part of our ongoing mission to prevent and protect the public from crimes of exploitation,” said Matthew Millhollin, Special Agent in Charge for Homeland Security Investigations, New England.
According to the charging document, law enforcement received information that Miozza had shared child pornography over the internet using a social media platform. During a search of Miozza’s residence yesterday morning, his iPhone and laptop were seized and found to contain child sexual abuse material – including videos depicting infants.
Miozza was previously convicted of possession of child pornography in the District of Massachusetts in 2002.
Members of the public who have questions, concerns, or information regarding this case should call 617-748-3274.
The charge of possession of child pornography by a person previously convicted of a child pornography offense carries a mandatory minimum sentence of 10 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. 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 and Swansea Police Chief Marc Haslam made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Rollins’ Major Crimes Unit is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by 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 document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lawrence Man Previously Arrested with Multiple Pill Press Machines Charged with Fentanyl DistributionRead the Press Release
BOSTON – A Lawrence man has been charged for allegedly distributing counterfeit prescription pills containing fentanyl, made using multiple pill press machines.
Miguel Angel Fajardo, 32, was charged by an Information with one count of possession with intent to distribute 400 grams or more of fentanyl. Fajardo was previously arrested and charged by criminal complaint on March 25, 2022 and has remained in custody since.
According to the charging documents, law enforcement allegedly seized approximately 7.3 kilograms worth of fentanyl pills, an industrial pill press and “M” and “30” pill stamps consistent with markings on pharmaceutical-grade Oxycodone pills in Fajardo’s apartment. Pill stamps are commonly used to make counterfeit pills appear to be legitimate pharmaceutical-grade pills. Also inside Fajardo’s apartment, law enforcement allegedly found approximately 1.4 kilograms of fentanyl powder, two individual finger presses, 50 rounds of .40 caliber ammunition concealed in a microwave, four kilograms of cutting agent and two air purifying respirators – which are commonly used when working with fentanyl powder. It is further alleged that investigators located two one-kilogram pill press machines and another large pill press in the landing outside the apartment.
“The opioid crisis remains a clear and present danger to our community, claiming over two thousand lives in Massachusetts in 2021 alone,” said United States Attorney Rachael S. Rollins. “Mr. Fajardo allegedly possessed a staggering quantity of fentanyl – almost nine kilograms – and a clandestine laboratory outfitted with all the tools and materials necessary to press fentanyl into counterfeit pills. By seizing nearly 48,000 such pills along with the tools we believe Mr. Fajardo used to make them, our law enforcement partners likely saved countless lives.”
“Fentanyl is causing great damage to our communities,” said DEA Special Agent in Charge Brian D. Boyle. “Those who distribute this lethal drug are endangering the safety of the citizens of Massachusetts. This investigation demonstrates the strength of collaborative local, county and state law enforcement efforts in Massachusetts and our strong partnership with the U.S. Attorney’s Office.”
The charge of possession with intent to distribute 400 grams or more of a mixture or substance containing fentanyl provides for a sentence of at least 10 years and up to life in prison, at least five years of supervised release and a fine of $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.
U.S. Attorney Rollins, DEA SAC Boyle and Lawrence Police Chief Roy P. Vasque made the announcement today. Assistant U.S. Attorney Craig Estes of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Latin Kings Associate Sentenced for Firearms OffenseRead the Press Release
BOSTON – An associate of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced yesterday in federal court in Boston for firearm and ammunition charges.
Derek Southworth, 34, of Fitchburg, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (approximately 15 days in prison). The government recommended a sentence of 20 months in prison. On Feb. 8, 2022, Southworth pleaded guilty to being a felon in possession of a firearm and ammunition.
On April 18, 2017, Southworth provided an AK-47 style rifle and approximately 49 rounds of ammunition to a cooperating witness. The transaction was captured on audio-video recording. Due to a prior conviction, Southworth is prohibited from possessing firearms and ammunition.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against dozens of leaders, members and associates of the Latin Kings. Southworth is the 52nd defendant to be sentenced in the case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Paul Oliveira made the announcement. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard of Rollins’ Organized Crime & 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.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Head Tennis Coach at Georgetown University Sentenced to More Than Two Years in Prison in College Admissions CaseRead the Press Release
BOSTON – The former head coach of men and women’s tennis at Georgetown University was sentenced today in connection with soliciting and accepting bribes to facilitate the admission of prospective Georgetown applicants and failing to report all of the income from the bribes on his federal income taxes.
Gordon Ernst, 55, of Rockville, Md. and Falmouth, Mass., was sentenced by U.S. District Court Judge Indira Talwani to 30 months in prison and two years of supervised release, with the first six months to be served in home confinement. This is the longest prison term imposed in the college admissions case. Ernst was also ordered to forfeit $3,435,053, including more than $1.3 million in assets that the government seized in March 2019. In October 2021, Ernst pleaded guilty to one count of conspiracy to commit federal programs bribery, three counts of federal programs bribery and one count of filing a false tax return.
Ernst conspired with William “Rick” Singer to solicit and receive bribe payments from the families of prospective Georgetown applicants to facilitate their admission to Georgetown as purported student athletes. Specifically, Ernst regularly used at least two, and often as many as five, of the six recruitment slots Georgetown allotted him each year to recruit unqualified students in exchange for bribe payments. For more than 10 years, Ernst facilitated the admission of at least 22 students – at least 19 of which were Singer’s clients – to Georgetown as purported tennis recruits in exchange for a total of nearly $3.5 million in bribe payments. He then failed to report all of the income from those bribe payments on his federal income tax returns.
Case information, including the status of each defendant, is available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
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 Terry Harris, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Eastern Regional Office made the announcement today. Assistant U.S. Attorneys Stephen E. Frank, Leslie A. Wright, Kristen A. Kearney and Ian Stearns of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case and Assistant U.S. Attorney Carol E. Head, Chief of Rollin’s Asset Recovery Unit handled the forfeiture aspects of the case.
Wenham Man Charged with COVID-19 Pandemic Fraud SchemeRead the Press Release
BOSTON – A Wenham man was charged today in connection with a scheme to obtain Paycheck Protection Program funds made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act by submitting false applications.
James Joseph Cohen, 59, was charged and has agreed to plead guilty to one count of bank fraud. A plea hearing has not yet been scheduled by the Court.
According to the charging documents, between April 2020 and September 2021, Cohen submitted six false applications to financial institutions and to the Small Business Administration to obtain pandemic-related relief funds on behalf of companies that he controlled. In the applications, it is alleged that Cohen falsely misstated the revenues of the companies, the persons employed, or amounts paid to those employees in the 12-month period preceding the application. In total, Cohen is alleged to have fraudulently obtained approximately $1.2 million in pandemic relief funds based upon these false submissions.
The charge of bank fraud provides a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million or twice the gross 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Rollins’ Securities, Financial & Cyber Fraud Unit 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 document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Convicted Felons Charged with Ammunition Offenses in Connection with Everett ShootingRead the Press Release
BOSTON – Two previously convicted felons have been charged with illegally possessing ammunition in connection with a January shooting in a residential neighborhood of Everett.
Luis Rivera, 25, of Medford, and Kenneth Munoz, 24, of Revere, were charged with one count each of being a felon in possession of ammunition. Rivera was arrested this morning and, following an initial appearance today before U.S. District Court Magistrate Judge Donald L. Cabell, Rivera was detained pending a detention hearing which is scheduled for July 6, 2022. Munoz is currently in state custody on unrelated state firearms charges and will appear in federal court at a later date.
“Gun violence continues to plague and hurt our communities,” said United States Attorney Rachael S. Rollins. “These defendants, each prohibited from possessing firearms and ammunition due to prior criminal convictions, are alleged to have recklessly fired shots in the middle of the day in a residential neighborhood, striking numerous homes. It is sheer luck that no one was harmed or killed as a result of their alleged reckless and violent conduct. Gun violence poses a real threat to our community. There is only one use for ammunition. One. Accordingly, we will prosecute prohibited individuals.”
“The ATF values the partnership we have with our local, state and federal partners to target violent offenders,” said James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. “These individuals put the lives of everyday citizens at risk, and we will work diligently to combat these senseless acts of violence.”
According to the charging document, on the afternoon of Jan. 2, 2022, three individuals fired over 20 shots in an Everett neighborhood causing ballistic damage in the surrounding area, including bullet holes inside of bedrooms and living rooms in surrounding residences. The shooting was captured on video surveillance from nearby residences. Rivera and Munoz were allegedly identified as two of the shooters in the surveillance footage. Both men are prohibited from possessing firearms and ammunition due to prior convictions.
The charge of being a felon in possession of ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins, ATF SAC Ferguson, Everett Police Chief Steven A. Mazzie and Chelsea Police Chief Brian Kyes made the announcement. Assistant U.S. Attorney Sarah Hoefle of Rollins’ Organized Crime & Gang Unit is 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.
Massachusetts Woman Sentenced for Role in Sex Trafficking ConspiracyRead the Press Release
BOSTON – A Massachusetts woman was sentenced today in federal court in Boston for her involvement in a sex trafficking conspiracy.
Muriel Close, 42, was sentenced by U.S. District Court Judge Patti B. Saris to 12 months of home detention. In April 2021, Close pleaded guilty to two counts of conspiracy to commit sex trafficking.
Close was charged in July 2020 with co-defendant and serial sex trafficker Bruce Brown. On Feb. 10, 2022, Brown was sentenced to 138 months in prison on charges arising from his exploitation of multiple victims in operating a sex trafficking enterprise for more than 15 years.
“As a prosecutor, some of the most difficult cases are those in which harmed and victimized individuals inflict trauma and harm on others,” said United States Attorney Rachael S. Rollins. “Ms. Close was herself a victim of brutal physical and psychological abuse at the hands of her co-defendant, Bruce Brown. However, her recruitment and involvement with other victims in Mr. Brown’s enterprise caused others to experience the same force, fraud and coercion she did. Ultimately, it was Mr. Brown who ran his enterprise that inflicted inexplicable pain and trauma on numerous victims for his own financial benefit. For that, he is exactly where he deserves to be - behind bars for at least the next decade. But Ms. Close, although a victim herself, engaged in egregious conduct which requires consequences. Ultimately, people who prey on the vulnerable and engage in sex trafficking will be held accountable. We remain steadfast and dedicated in our fight on behalf of trafficking victims and survivors.”
“While Muriel Close conspired with Bruce Brown to commit sex trafficking, it’s important to remember that she too is a victim who suffered physical and psychological abuse at his hands. Today’s sentence reflects that, and while nothing can wipe away the trauma inflicted upon the victims in this case, we hope it helps them heal,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “With a victim-centered approach, FBI Boston’s Child Exploitation – Human Trafficking Task Force will continue to investigate and bring to justice those who commit these reprehensible crimes.”
Close aided Brown’s sex trafficking operation through recruitment efforts and by monitoring victims on behalf of Brown.
U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. The Newton Police Department provided valuable assistance in the investigation. Assistant U.S. Attorneys Mackenzie A. Queenin and Mackenzie J. Duane of Rollins’ Civil Rights Enforcement Team prosecuted the case.
If you believe that you or someone you know may be a victim of human trafficking, please contact the National Human Trafficking Resource Center Hotline at 1-888-373-7888 or text 233733.
Leader of Violent Fentanyl Pill Trafficking Organization and His Mother Sentenced to Years in JailRead the Press Release
BOSTON – The leader of a North Shore-based drug trafficking organization (DTO) and his mother have been sentenced for their roles in a conspiracy that manufactured and flooded the streets of Massachusetts with hundreds of thousands of counterfeit prescription pills containing fentanyl made on high-volume pill press machines.
Vincent Caruso, 27, a/k/a “Fatz,” of Lynn, was sentenced by U.S. District Court Judge Denise J. Casper to 250 months (more than 20 years) in prison and five years of supervised release. On March 15, 2022, Vincent Caruso pleaded guilty to one count of conspiracy to manufacture, distribute and possess with intent to distribute 400 grams or more of fentanyl, cocaine, marijuana and other controlled substances; one count of conspiracy to possess firearms in furtherance of a drug trafficking crime; possession of firearms in furtherance of a drug trafficking crime; conspiracy to interfere with commerce by robbery (Hobbs Act robbery); and one count of conspiracy to commit money laundering.
Yesterday, Vincent Caruso’s mother, Laurie Caruso, 52, also of Lynn, was sentenced by U.S. District Court Judge Nathaniel Gorton to nine years in prison and four years of supervised release. On Feb. 28, 2022, Laurie Caruso pleaded guilty to one count of conspiracy to manufacture, distribute and possess with intent to distribute fentanyl and other controlled substances.
“This family business has been shut down for good. Vincent Caruso was a prolific and violent drug trafficker who flooded North Shore communities with hundreds of thousands of deadly counterfeit prescription pills containing fentanyl. Caruso and his associates orchestrated numerous shootings and armed robberies using an arsenal of firearms – including machine guns – and then took to social media to brag about their incredibly destructive criminal conduct. That this all took place while he was on pretrial release is even more appalling. Caruso, along with his mother and co-conspirator Laurie Caruso, pumped poison and violence into our communities and you won’t be hearing from them on Instagram for a long long time,” said First Assistant United States Attorney Joshua S. Levy. “Thanks to the exceptional, coordinated efforts of our law enforcement partners, this career criminal will now spend over 20 years behind bars – out of our communities and off of social media. This office will continue its relentless pursuit of individuals who threaten public safety for the sake of profit.”
“Vincent Caruso, a self-admitted Crip gang member, and his mother, Laurie Caruso ran a major drug trafficking organization that, for years, brought nothing but poison, mayhem, and violence to the North Shore of Massachusetts, and beyond. They peddled hundreds of thousands of counterfeit pills containing fentanyl, capitalizing on those struggling with addiction, while raking in an obscene amount of money,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The severity of these sentences reflects the seriousness of their criminal conduct, and the tireless efforts of our North Shore Gang Task Force to make our communities safer for everyone.”
“ATF will continue to work in conjunction with our local, state and federal law enforcement partners to identify organized violent criminals in our joint effort to protect the public,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division. “The sentencing of a self-admitted gang member of the Crips in federal court for possession of a machine gun and dangerous drugs should send a loud and clear message to anyone who chooses to engage in this type of criminal activity; it cannot and will not be tolerated and you will be held accountable.”
The Carusos were arrested and charged by complaint on June 30, 2021 along with co-conspirators Ernest Johnson and Nicole Benton as part of an investigation that began in 2020 in response to an increased number of shootings in communities north of Boston by street gangs whose violence was fueled by drug distribution. Vincent Caruso was later indicted by a federal grand jury on Jan. 19, 2022. Benton has pleaded guilty to her role in the DTO and is scheduled to be sentenced on Sept. 8, 2022. Ernest Johnson has also pleaded guilty and is scheduled to be sentenced on Sept. 13, 2022.
Vincent Caruso, a self-admitted Crip gang member, operated a large and sophisticated DTO with multiple subordinates that sold counterfeit prescription pills containing fentanyl to street gangs for further distribution on the North Shore. Laurie Caruso served as her son’s right-hand in the operations and was the primary distributor for his well-armed DTO.
The investigation identified Vincent Caruso’s DTO as a common supply source of counterfeit pressed fentanyl pills and other controlled substances for several street gangs responsible for the uptick in violence. Vincent Caruso’s DTO distributed approximately 36 kilograms of fentanyl, largely in the form of pressed fentanyl pills – equating to a total of over 360,000 fentanyl pills – of which, a significant portion was manufactured directly by Vincent Caruso’s DTO itself using multiple pill presses capable of generating thousands of pills per hour. In order to move these quantities, Laurie Caruso personally distributed fentanyl pills for the DTO at all hours of the day and retrieved cash owed by drug customers. A single counterfeit fentanyl pill retails at between $10-$20, thereby generating millions of dollars in proceeds for the DTO. In an effort to conceal the DTO’s operations, Vincent and Laurie Caruso conspired to launder their illegal proceeds by conducting cash transactions through sports bets at a New Hampshire casino.
In furtherance of his drug trafficking activities, Vincent Caruso possessed and used firearms and orchestrated multiple violent offenses, including two armed robberies and a shooting involving a machinegun.
The first armed robbery took place on March 5, 2020, while Vincent Caruso on pretrial release for state fentanyl and firearm charges. He orchestrated an armed robbery and home invasion in which two individuals armed with a firearm and zip ties robbed the occupants of an apartment of approximately $18,000 and jewelry. Vincent Caruso dropped off the robbers, waited at a nearby coffee shop and returned to pick them up after the robbery.
In May 2021 a second armed robbery took place also while Vincent Caruso on pretrial release for state fentanyl and firearm charges. For this incident, Vincent Caruso enlisted associates to rob an individual. Surveillance video shows assailants run up to the victim, including one assailant who was armed with an AR-15 style rifle. The victim escaped and ran off. Police responded and chased the assailant, who threw the AR-15 style rifle in a dumpster. The assailant ran into the highway and escaped police.
A third violent incident took place shortly after midnight on June 29, 2021, in Lynn. For this incident, Vincent Caruso provided a fully automatic handgun to an associate. The associate then used a fully automatic handgun to fire dozens of rounds at a number of victims who were gathered on a porch. Bullets hit residences, vehicles and three individuals who were hit by the gunfire and survived. This incident was captured on surveillance video.
In addition, while on state pretrial release Vincent Caruso sent dozens of photos and videos via social media that depicted him in possession of firearms and machine guns, large quantities of fentanyl that would be distributed by his organization, large amounts of cash and high-end jewelry.
Over 1.5 kilograms of pressed fentanyl pills, over 12 firearms, multiple luxury brand watches, chains, four medallions, two custom ATVs, a dirt bike and over $177,000 in cash were recovered through various search warrants executed in this and related investigations.
First Assistant U.S. Attorney Levy, FBI SAC Bonavolonta, ATF SAC Ferguson and Colonel Christopher Mason, Superintendent of the Massachusetts States Police made the announcement today. Assistance was provided by the Essex, Middlesex and Suffolk County District Attorneys’ Offices; Essex, Middlesex, Suffolk and Hancock (Maine) County Sheriffs’ Departments; U.S. Attorney’s Office for the District of Maine; Maine Drug Enforcement Agency; and the Boston, Cambridge, Chelsea, Danvers, Everett, Lynn, Malden, Salem, Saugus, Somerville, Revere, Bolton (Maine), Bangor (Maine), Portland (Maine) and Westbrook (Maine) Police Departments. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit prosecuted the cases.
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.
Gangster Disciple Sentenced to Five Years in Prison for Fentanyl TraffickingRead the Press Release
BOSTON – A member of the Gangster Disciple street gang was sentenced yesterday in federal court in Boston on drug distribution charges involving fentanyl.
Manuel Roderick, 44, of Auburn, Maine, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years in prison and four years of supervised release. Earlier in the hearing, Roderick pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl.
“In communities across our Commonwealth and the country, drug traffickers use local dealers to peddle their poison on the vulnerable,” said United States Attorney Rachael S. Rollins. “Addressing and ending the opioid crisis is a huge priority of my administration. And we are targeting fentanyl dealers. That particular opioid is up to 50 times stronger than heroin and up to 100 times stronger than morphine. Today’s sentence should make clear that we will seek significant sentences and subsequent oversight for these types of crimes.”
“Manuel Roderick will now spend the next five years behind bars after we caught him red-handed trafficking fentanyl, having traveled down from Maine to buy it at a reduced price. He and his fellow gang members have flooded our neighborhoods with deadly drugs, furthering the scourge of opioids in our communities,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Our North Shore Gang Task Force will continue to work with our law enforcement partners to get drug dealers like him, and the gangs they belong to, off our streets for good.”
This case stemmed from a larger investigation into members and drug suppliers of the Gangster Disciples street gang operating in the greater Lawrence area, allegedly led by Justin Suriel. In March 2021, Roderick was observed visiting Suriel’s residence for what appeared to be a drug transaction. During a subsequent traffic stop, law enforcement seized 107 grams of powdered fentanyl in a large plastic bag from Roderick’s vehicle. According to court documents, during the traffic stop, Roderick admitted to law enforcement that he bought narcotics from Suriel and was a Gangster Disciple gang member.
Suriel was arrested in November 2021. He has pleaded not guilty and is pending trial.
U.S. Attorney Rollins, FBI SAC Bonavolonta and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Philip C. Cheng of Rollins’ Organized Crime & Gang Unit prosecuted the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Head Coach of Women's Soccer at the University of Southern California Sentenced in College Admissions CaseRead the Press Release
BOSTON – The former head coach of women’s soccer at the University of Southern California (USC) was sentenced yesterday for his role in the college admissions bribery scheme.
Ali Khosroshahin, 52, of Fountain Valley, Calif., was sentenced by U.S. District Court Judge Indira Talwani to time served and one year of supervised release with the first six months to be served in home confinement. Khosroshahin was also ordered to pay forfeiture in the amount of $208,990. In June 2019, Khosroshahin pleaded guilty to conspiracy to commit racketeering. Khosroshahin cooperated with the government’s investigation.
While serving as the head women’s soccer coach at USC, Khosroshahin conspired with William “Rick” Singer and others to facilitate the admission of student applicants to USC as purported recruits for the women’s soccer team in exchange for bribes. Specifically, Khosroshahin and co-conspirator Laura Janke, an assistant coach for the women’s soccer team, together purported to recruit one or two of Singer’s students to the USC women’s soccer team each year. In reality, Khosroshahin knew the students were not legitimate Division I college-level soccer recruits, and he was not actually recruiting them to be members of his team. To deceive USC’s subcommittee on athletic admissions into believing the students were legitimate recruits, Khosroshahin and Janke submitted falsified athletic “profiles,” which they either received from Singer or created themselves and which made the students appear to be elite high school athletes. In exchange, Singer paid Khosroshahin and Janke bribes, funded by the money from his clients, in the form of checks from his fake charity, the Key Worldwide Foundation, made out to the USC soccer program or to their private soccer club. In addition, Khosroshahin continued his involvement in the scheme after his USC tenure by encouraging other coaches to work with Singer and receiving payments when he facilitated “side door” deals through those coaches.
On June 28, 2022, Janke was sentenced by Judge Talwani to time served and one year of supervised release, with 50 hours of community service.
Case information, including the status of each defendant, is available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorneys Stephen E. Frank, Leslie A. Wright, Kristen A. Kearney and Ian Stearns of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.
Connecticut Man Charged with Attempted Human SmugglingRead the Press Release
BOSTON – A Connecticut man was arrested yesterday on charges that he allegedly attempted to smuggle an individual from Brazil into the United States.
Fagner Chaves De Lima, 41, of East Hartford, Conn., was charged with one count of attempted human smuggling. De Lima will appear in federal court in Worcester today before U.S. District Court Magistrate Judge David H. Hennessy.
“It is alleged that Mr. De Lima orchestrated an elaborate and manipulative human smuggling operation. For a steep price, Mr. De Lima allegedly made arrangements for victims to travel from Brazil to the United States, and then extorted the vulnerable victims and their families for more money, even threatening harm,” said United States Attorney Rachael S. Rollins. “As we all know, smuggling operations abuse, exploit and endanger defenseless victims. Combating human smuggling and trafficking networks is a top priority of our office. This alleged crime is an affront to human dignity and a danger to national security.”
“What Fagner Chaves De Lima is accused of doing is disgraceful. In attempting to smuggle human beings into the United States for his own financial profit and then allegedly extorting them for more money, under the fear of harm, he has demonstrated a deliberate disregard for the safety of their lives, and our country’s laws that are in place to ensure the public’s safety,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “It’s important for anyone who is a victim of human smuggling to know that we prioritize the safety of victims when working with our law enforcement partners to bring international human smugglers to justice.”
According to charging documents, De Lima ran a business that illegally smuggled individuals from Brazil into the United States. It is alleged that, in exchange for payments of thousands of dollars, De Lima made travel arrangements for clients to illegally enter the United States from Brazil by plane or bus and arranged lodging accommodations for clients during their travel. In addition, De Lima allegedly extorted clients while their journey to the United States was underway by threatening to harm them and/or their family if they did not pay additional money.
In May and June 2022, an undercover agent initiated communications with De Lima over WhatsApp under the guise that the agent sought to have his sister and niece smuggled into the United States. The undercover agent offered to pay $15,000 for De Lima’s services, and De Lima allegedly agreed to the arrangement. According to the charging documents, De Lima stated during these communications (translated from Portuguese) that he had been engaged in human smuggling “for 20 years,” and that he will smuggle individuals “whether you have a visa, no visa, or if . . .[they] are wanted by the police.” De Lima also allegedly acknowledged in later messages that human smuggling is “dangerous.” On June 16, 2022, De Lima traveled to Worcester to meet with the undercover agent, during which De Lima allegedly accepted two checks for the agreed upon total of $15,000 in exchange for his smuggling services and requested the sister’s passport and Social Security number.
The charge of attempted human smuggling provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins and FBI Boston SAC Bonavolonta made the announcement.
Valuable assistance was provided by U.S. Customs and Border Protection, Yuma Field Office; Homeland Security Investigations in Yuma; U.S. Postal Inspection Service, Boston Division; and the Marlborough, Worcester, Hartford (Conn.) and East Hartford (Conn.) Police Departments; Assistant U.S. Attorney John T. Mulcahy of Rollins’ Civil Rights Enforcement Team is prosecuting the case.
The Civil Rights Enforcement Team (CRET) was created in 2010 to coordinate the efforts of the U.S. Attorney’s Office in enforcing federal criminal civil rights laws. CRET is composed of Assistant U.S. Attorneys and professional staff from the criminal and civil divisions of the office. The primary goals of the CRET is to develop a comprehensive enforcement strategy to address civil rights issues that arise in the District of Massachusetts; to uphold the constitutional rights of all residents, particularly some of the most vulnerable members of society; and to enforce federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status, and national origin.
If you believe that you or someone you know may be a victim of human smuggling/trafficking, please contact the National Human Trafficking Resource Center Hotline at 1-888-373-7888, or Text 233733.
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.
Career Criminal Pleads Guilty to Fentanyl TraffickingRead the Press Release
BOSTON – A career criminal pleaded guilty today in federal court in Boston to trafficking fentanyl while on supervised release for a previous federal conviction.
Robert Roscoe, 31, of Boston and Attleboro, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and one count of distribution of fentanyl. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 21, 2022. Roscoe was indicted in July 2021.
“Despite his past encounters with the criminal legal system, Mr. Roscoe chose to continue engaging in illegal activity by trafficking deadly narcotics into our communities. Adding insult to injury, he was on supervised release at the time he engaged in this new criminal conduct,” said United States Attorney Rachael S. Rollins. “We have lost far too many people to the opioid crisis and that number continues to rise. Drug traffickers, especially ones who are career criminals, will be found and prosecuted by my office.”
“Today’s guilty plea is a direct result of the dedicated work of the ATF and our local, state and federal partners combating criminals that distribute fentanyl in our communities,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Division. “The ATF will continue to investigate individuals and groups who attempt to further the scourge of drugs and violence in the areas we serve.”
On Feb. 3, 2021, Roscoe conspired with co-defendant Ozair Pereira to distribute fentanyl to a cooperating witness at the Westgate Mall in Brockton. At the time of his conduct, Roscoe was on supervised release for a 2019 conviction out of U.S. District Court in Boston for being a felon in possession of a firearm and ammunition. Roscoe had been previously convicted of armed robbery, unlawful possession of a firearm, and assault and battery on a police officer.
The charges of conspiracy to distribute fentanyl and distribution of fentanyl provide for a sentence of up to 20 years in prison, at least three years 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.
U.S. Attorney Rollins; ATF Boston SAC Ferguson; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Brenda Perez; and New Bedford Police Chief Paul Oliveira made the announcement today. Assistant U.S. Attorney Christopher Pohl of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
Boston Woman Sentenced for Drug Trafficking Following Two-Kilogram Cocaine DealRead the Press Release
BOSTON – A Boston woman was sentenced today in connection with selling two kilograms of cocaine.
Ana Guadalupe Acosta Grajeda, 58, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years in prison and four years of supervised release. On Sept. 23, 2021, Grajeda pleaded guilty to one count of possession with intent to distribute 500 grams or more of cocaine.
According to court documents, Grajeda was arrested and charged in September 2019 along with her son, Carlos Acosta Estrella, after they sold two kilograms of cocaine to a cooperating witness in East Boston. A search of Estrella and Grajeda’s apartment allegedly resulted in the seizure of one kilogram of heroin, numerous cellphones, a high-powered tactical shotgun with a laser sight and a box of ammunition for the shotgun.
Carlos Acosta Estrella has pleaded not guilty and is pending trial.
United States Attorney Rachael S. Rollins; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistant U.S. Attorney Christopher Pohl of Rollins’ Narcotics and Money Laundering Unit prosecuted the case.
The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Police Officer Sentenced on Tax ChargeRead the Press Release
BOSTON – A Boston Police Officer was sentenced today in federal court in Boston for failing to report gambling winnings on his tax returns.
Dana Lamb, 57, of Roslindale, was sentenced by U.S. District Court Magistrate Judge Jennifer C. Boal to six months of probation. On April 27, 2022, Lamb pleaded guilty to one count of filing a false document with the Internal Revenue Service and has cooperated in a related prosecution.
In May 2020, while an Officer for the Boston Police Department, Lamb sold a winning lottery ticket worth $10,000 to a convenience store owner for cash rather than properly claiming it with the Massachusetts Lottery Commission. He then failed to report his gambling winnings on his tax return. Lamb’s failure to report the gambling proceeds resulted in an additional tax due and owing for that year of $1,800.
United States Attorney Rachael S. Rollins; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Boston Police Acting Commissioner Gregory Long made the announcement today. Valuable assistance was provided by the Massachusetts State Lottery Commission. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief of Rollins’s Public Corruption Unit prosecuted the case.
Boston Man Pleads Guilty to Methamphetamine Distribution ChargesRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to distributing methamphetamine.
Daniel Lennon, 32, 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. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 26, 2022. Lennon was indicted on March 3, 2021.
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 in which Lennon was staying, they located a myriad of 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.
The charge of distribution of five grams or more of methamphetamine provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of $5 million. The charge of distribution of 50 grams or more of methamphetamine 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 $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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. The Boston Police Department provided critical assistance in the investigation of this case. Assistant U.S. Attorney Lauren A. Graber of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
10 Boston Gang Members and Associates Convicted of Racketeering, Drug and Firearm OffensesRead the Press Release
BOSTON – Ten members and associates of NOB, a Boston-based street gang, have pleaded guilty over the last several weeks in federal court to various crimes, including racketeering (RICO) conspiracy, drug trafficking and illegal firearms charges. The final two defendants pleaded guilty last week. U.S. District Court Judge Leo T. Sorokin scheduled sentencings for various dates in September and November 2022.
The 10 defendants were indicted in June 2020 as part of a federal sweep targeting numerous NOB street gang members and associates. According to court records, NOB – an abbreviation for the Norton/Olney/Barry streets in Dorchester – is a violent criminal enterprise whose members and associates are involved in numerous types of criminal activities, including murders, attempted murders, armed robberies, drug trafficking, sex trafficking and illegal firearms offenses. While the gang is based in the Boston, its criminal activity has spanned across other communities, including Randolph, New Bedford, Stoughton, Brockton, East Bridgewater, Taunton and Cape Cod, as well as Rhode Island, Maine and Connecticut.
NOB members and associates use violence against rival gangs and witnesses to maintain and enhance their status and overall reputation, as well as to protect the gang’s power, reputation and territory. Members and associates assist each other with obtaining firearms and maintaining drug trafficking connections. NOB members and associates use various means to identify themselves as such, including gang-related hand signs, clothing and tattoos. Additionally, they create and publish gang-related videos used to promote NOB and further its activities.
Over the past several years, NOB members and associates committed multiple acts of violence, many of which targeted rival gang members, and engaged in drug trafficking activity involving fentanyl (in powdered form and counterfeit oxycodone pills), cocaine, cocaine base (crack cocaine), marijuana and various types of prescription pills, including opioids, throughout Massachusetts. In addition, NOB members and associates illegally possessed firearms and ammunition, several of which were seized during the investigation.
In addition to multiple historical firearm and drug recoveries by local law enforcement partners pursuant to search warrants executed during the course of this investigation, law enforcement seized numerous contraband items including 11 firearms, over one kilogram of fentanyl (including over 2,000 fentanyl pills manufactured to appear as commercial oxycodone pills), a commercial pill press, over 15 pounds of marijuana and approximately $36,000 in cash.
The charge of RICO conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of conspiracy to distribute and to possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of $1 million. The charge of being a felon in possession of a firearm and/or ammunition 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.
First Assistant United States Attorney Joshua S. Levy; Boston Police Acting Commissioner Gregory P. Long; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; New Bedford Police Chief Joseph C. Cordeiro; Quincy Police Chief Paul Keenan; Randolph Police Chief Anthony Marag; Brockton Police Chief Brenda Perez; Stoughton Police Chief Donna McNamara; Suffolk County District Attorney Kevin Hayden; Suffolk County Sheriff Steven W. Tompkins; Plymouth County Sheriff Joseph D. McDonald, Jr.; Bristol County District Attorney Thomas M. Quinn III; and Norfolk County Sheriff Patrick W. McDermott made the announcement today. Assistant U.S. Attorneys Michael Crowley and Sarah Hoefle of the Organized Crime & Gang Unit are prosecuting the case.
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APPENDIX
- Michael Brandao, a/k/a “G Fredo,” and “Frizzblock Fredo,” 21, pleaded guilty to RICO conspiracy and conspiracy to distribute and to possess with intent to distribute controlled substances.
- Kelvin Barros, a/k/a “Kal” or “7981 Kal,” 26, pleaded guilty to RICO conspiracy; conspiracy to distribute and to possess with intent to distribute controlled substances; and possession with intent to distribute cocaine.
- Ricky Pina, a/k/a “Blake,” 25, pleaded guilty to RICO conspiracy.
- David Rodriguez, a/k/a “D,” 36, pleaded guilty to RICO conspiracy.
- Wilson Goncalves-Mendes, a/k/a “Dub,” 26, pleaded guilty to RICO conspiracy and possession with intent to distribute fentanyl.
- Joshua Teixeira, a/k/a “Trouble,” 27, pleaded guilty to RICO conspiracy and conspiracy to distribute and to possess with intent to distribute controlled substances.
- Joseph Gomes, a/k/a “Joey” or “J-Money,” 26, pleaded guilty to RICO conspiracy and felon in possession of a firearm and ammunition.
- Samael Mathieu, a/k/a “Hamma” or “Hamma Thang,” 25, pleaded guilty to RICO conspiracy and conspiracy to distribute and to possess with intent to distribute controlled substances.
- Darius Bass, a/k/a “Tre” or “Trigga Tre,” 28, pleaded guilty to RICO conspiracy.
- Damian Cortez, 33, pleaded guilty to conspiracy to distribute and to possess with intent to distribute controlled substances and possession with intent to distribute fentanyl.