District of Massachusetts

BOSTON – A Haverhill man with multiple prior felony convictions was charged yesterday for possessing a loaded firearm and drugs intended for distribution.

Ramon Silvelo-Miles, 32, was charged with one count of being a felon in possession of a firearm and ammunition and one count of possession with intent to distribute cocaine and fentanyl. Following an initial appearance yesterday before U.S. District Court Magistrate Judge David H. Hennessy, Silvelo-Miles was detained pending a probable cause hearing scheduled for Jan. 25, 2022.

According to the charging documents, in the early morning hours of Sept. 20, 2021, Silvelo-Miles was stopped by law enforcement for driving erratically on Route 24 in West Bridgewater. Field sobriety tests administered on-site indicated that Silvelo-Miles was too impaired to drive. It is alleged that a subsequent search of the defendant’s car uncovered over 300 grams of cocaine packaged in small, clear plastic bags, as well as a small backpack inside the glove compartment that contained a clear plastic bag of fentanyl. A Raven Arms MP-25 .25 caliber pistol hidden within a black sock is also alleged to have been found in the glove compartment. The gun was loaded with one bullet in the chamber and five bullets in the magazine. Silvelo-Miles is prohibited from possessing a firearm due to multiple prior felony convictions including a 2014 conviction for manslaughter.

The charge of possession with intent to distribute cocaine and fentanyl provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. 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 other statutory factors.

United States Attorney Rachael S. Rollins and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Assistant U.S. Attorney Fred Wyshak, III of Rollins’ Organized Crime and Gangs 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.

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

BOSTON – A Worcester man pleaded guilty today in connection with possessing a firearm and ammunition as a convicted felon.

Terrence Kenol, 24, pleaded guilty to one count of being a felon in possession of a firearm and ammunition before U.S. District Court Judge Timothy S. Hillman who scheduled sentencing for May 13, 2022. Kenol was indicted in October 2021.

On Sept. 3, 2021, Kenol was found in possession of a firearm and a loaded magazine in his vehicle after he drove around Worcester police cruisers that were blocking an active accident reconstruction scene on Granite Street in Worcester.  At the time of the offense, Kenol had been previously convicted of offenses that carried a possible maximum punishment of greater than one year in prison. In addition, at the time of the offense, Kenol was on probation for a prior state conviction of kidnapping and assault and battery. 

The charge of being a felon in possession of a firearm and ammunition 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 other statutory factors.

United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Rollins’ Worcester Branch Office is prosecuting the case. 

“Today’s dismissal of the criminal charges against Gang Chen is a result of our continued investigation into this matter. Through that effort, we recently obtained additional information pertaining to the materiality of Professor Chen’s alleged omissions in the context of the grant review process at issue in this case. After a careful assessment of this new information in the context of all the evidence, our office has concluded that we can no longer meet our burden of proof at trial. As prosecutors, we have an obligation in every matter we pursue to continually examine the facts while being open to receiving and uncovering new information. We understand that our charging decisions deeply impact people’s lives. As United States Attorney, I will always encourage the prosecutors in our office to engage in this type of rigorous and continued review at every stage of a proceeding. Today’s dismissal is a result of that process and is in the interests of justice.”

BOSTON – A Princeton man was indicted today by a federal grand jury in connection with the burning of a Leominster restaurant in in October 2021.

Edmond Charrette, a/k/a Edmond Kuhn, 31, was indicted on one count of damage and destruction of a building by means of fire. Charrette will make an initial appearance in federal court in Worcester on Jan. 27, 2022. 

According to the indictment, on Oct. 12, 2021, Charrette maliciously damaged and destroyed China City, a restaurant in Leominster, and its contents by means of fire.

The charge of damage and destruction of a building by means of fire provides for a sentence of at least five years and up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Leominster Interim Police Chief Aaron Kennedy made the announcement today. Assistant U.S. Attorney Kristen M. Noto of Rollins’ Worcester Branch Office is prosecuting the case.

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

BOSTON – A Malden man was sentenced yesterday in connection with possessing 100 grams of crack cocaine for distribution and numerous firearms.

Alberto Junior Lopez, 27, was sentenced by Senior U.S. District Court Judge Mark Wolf to five years in prison and five years of supervised release. On June 10, 2020, Lopez pleaded guilty to one count of possession with intent to distribute 28 grams or more of cocaine base (crack cocaine) and one count of possession of a firearm with an obliterated serial number.   

This case arose from a search of the Lopez’s Malden residence in November 2018 pertaining to a September 2018 drive-by shooting in Revere in which he was a suspect. The search resulted in the recovery of numerous firearms including a Colt .45 automatic firearm with an obliterated serial number, a Glock .45 automatic firearm, two loaded Glock magazines, numerous rounds of other ammunition and a bag containing about 94 grams of crack cocaine and more than $3,000 in cash, among other items.

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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division, made the announcement. Valuable assistance was provided by the Malden and Revere Police Departments. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.

BOSTON – The former owner of a massage parlor pleaded guilty today in connection with filing for and obtaining fraudulent pandemic-related loans for her illicit business where workers engaged in commercial sex acts with customers.

Chynna Savath, 56, of Woonsocket, R.I., pleaded guilty to two counts of wire fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for May 19, 2022. Savath was charged in September 2021.

Savath is the former owner of Thai Body Work, a massage parlor in Franklin, Mass. In June 2020, Savath submitted fraudulent applications to the Small Business Administration for COVID-19 relief through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) program under the Coronavirus Aid, Relief and Economic Security Act. In the applications, Savath falsely certified that the applicant was not engaged in any illegal activity, despite knowing that her employees at Thai Body Work engaged in prostitution with customers and that she collected a portion of fees paid by each customer. In total, Savath obtained $29,646 in fraudulent payments from the EIDL and PPP loan programs.   

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

First Assistant United States Attorney Joshua S. Levy; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Ketty Larco Ward, Inspector in Charge of the U.S. Postal Inspection Service; and Boston Police Acting Commissioner Gregory Long made the announcement. Special assistance was provided by the Cambridge, Boston, Franklin and Lexington Police Departments. Assistant U.S. Attorney Elysa Wan of the Criminal Division and Suffolk County Assistant District Attorneys Alyssa Tochka and Luke Goldworm, who were appointed as Special Assistant U.S. Attorneys, are prosecuting the cases.

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.

BOSTON – A former member of the Connecticut Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced yesterday on racketeering charges.

Esther Ortiz, a/k/a “Queen India,” 50, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (approximately 72 days in prison) and three years of supervised release. The government recommended a sentence of 21 months in prison. On Oct. 12, 2021, Ortiz 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.

Ortiz was a member of the Latin Kings and the Latin Kings’ Regional Crown Council. As Regional Crown Council member, Ortiz advised leadership, heard evidence concerning violations of the manifesto and determined punishment for members who violated the rules of the Latin Kings. One such trial, which took place in March 2019, was captured on video. This trial involved complaints against Angel Roldan, a/k/a “King Big A,” the former second-in-command, or Cacique, of the Latin Kings in Massachusetts, who had reportedly robbed fellow gang members of drugs and failed to repay drug debts owed to the leader of the New Bedford Chapter.

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. Ortiz is the 42nd defendant to be sentenced in the case in the case. Roldan pleaded guilty and was sentenced in July 2021 to seven years in prison.

The United States Attorney’s Office for the District of Massachusetts; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Commissioner Carol Mici of the Massachusetts Department of Correction 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 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.

BOSTON – A Fitchburg man was sentenced yesterday in federal court in Worcester for his role in a wide-ranging fentanyl, heroin, crack and cocaine trafficking conspiracy.

Pablo Vidarte Hernandez, 48, was sentenced by U.S. District Court Judge Timothy S. Hillman to 81 months in prison and three years of supervised release. On Sept. 20, 2021, Vidarte Hernandez pleaded guilty to conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base (commonly known as crack cocaine) and 500 grams or more of cocaine.

According to court documents, following a fatal fentanyl overdose in September 2018, law enforcement began an investigation into a drug trafficking organization (DTO) in the Fitchburg area led by co-conspirators Pedro Baez and Anthony Baez. Beginning in July 2019, electronic communications revealed that Vidarte Hernandez, and others, distributed a fentanyl and heroin mixture on a regular basis to individuals in the Fitchburg area, including to Pedro and Anthony Baez, who redistributed that mixture to others.

Over the course of the investigation, over 1.8 kilograms of a heroin and fentanyl mixture, over 3.6 kilograms of cocaine and over 50 grams of crack cocaine were seized, as well as a stolen, loaded handgun, drug manufacturing equipment and over $376,000. Vidarte Hernandez was responsible for distributing over a kilogram of a fentanyl and heroin mixture. 

Vidarte Hernandez was charged along with 17 others in July 2020. He is the third defendant to be sentenced in the case. In December 2020, Anthony Baez was sentenced by Judge Hillman to 13 years in prison. Pedro Baez pleaded guilty on Feb. 3, 2021 and is scheduled to be sentenced on May 17, 2022. Six other defendants have pleaded guilty and are awaiting sentencing.

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 Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. The Fitchburg Police Department, U.S. Postal Inspection Service and the Lunenburg Police Department also provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Rollins’ Narcotics and Money Laundering Unit is prosecuting the case.

The operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.

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 – A Brazilian national pleaded guilty today in connection with a nationwide conspiracy to open fraudulent driver accounts with rideshare and delivery service companies.

Wemerson Dutra Aguiar, 29, a Brazilian national formerly residing in Lynn and Woburn, Mass., pleaded guilty in federal court in Boston to one count of conspiracy to commit wire fraud and one count of aggravated identity theft. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for May 10, 2022. 

In May 2021, Aguiar was charged along with 18 co-defendants with conspiracy to commit wire fraud by using stolen identities and falsified documents to create fraudulent driver accounts for rent or sale to individuals who might not otherwise qualify to drive for the rideshare or delivery services.

According to the charging documents, the defendants allegedly used victims’ identifying information to apply for driver accounts with the rideshare and delivery companies – enabling the defendants to pass those companies’ required background checks and create driver accounts in victims’ names. At times, it is alleged that the defendants edited victims’ driver’s license images to display photos of the drivers renting or buying the fraudulent accounts in order to circumvent facial recognition technology that the rideshare and delivery companies used as a security measure. The defendants allegedly obtained victims’ names, dates of birth, driver’s license information and or Social Security numbers from co-conspirators and other sources, including sites on the Dark Net. The defendants and co-conspirators also obtained driver’s license images directly from victims, by photographing victims’ licenses while completing an alcohol delivery through one of the services or while exchanging information with victims following vehicle accidents, some of which defendants or co-conspirators intentionally caused in order to obtain victims’ license information. As a result of the scheme, Internal Revenue Service Forms 1099 were generated in victims’ names for income that conspirators earned from the rideshare and delivery companies.

It is further alleged that the defendants used fraudulent driver accounts to exploit referral bonus programs offered by the rideshare and delivery companies and used “bots” and GPS “spoofing” technology to increase the income earned from the companies.

In connection with the scheme, Aguiar admitted that he obtained driver’s licenses and Social Security numbers that his co-conspirators procured from the DarkNet and other sources. Aguiar also admitted that he paid co-conspirators to alter driver’s license photos to display pictures of other individuals and that he used templates to create image files of fraudulent driver’s licenses displaying identity theft victims’ information. Aguiar used these stolen identifiers to create hundreds of fraudulent accounts with the rideshare and delivery companies and supplied these identifiers to other co-conspirators who also created fraudulent accounts. Aguiar advertised fraudulent accounts for sale or rent to Brazilian nationals living in the United States via WhatsApp chat groups and by word of mouth. He managed these accounts and attempted to prevent the accounts from being closed by the companies for fraud. Between June 2019 and January 2021, Aguiar received over $375,000 in rental payments from individuals driving under these accounts and payments from the companies generated with these accounts.

Sixteen of the defendants have been arrested in connection with the conspiracy and three remain at large. Aguiar is the second defendant to plead guilty in the case. If you believe that you may be a victim of the allegations in this case, please visit: https://www.justice.gov/usao-ma/victim-and-witness-assistance-program/us-v-wemerson-dutra-aguiar-and-us-v-priscila-barbosa-et-al.

The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss from the offense, whichever is greater. The charge of aggravated identity theft provides for a sentence of at least two years in prison to be served consecutive to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance was provided by the Massachusetts State Police; the Concord, Lexington, Plymouth, Wilmington, Marlborough and Village of Rye Brook (N.Y.) Police Departments; U.S. Customs and Border Protection; U.S. Postal Inspection Service and the National Crime Insurance Bureau. Assistant U.S. Attorneys Kristen A. Kearney and David M. Holcomb of Rollins’ Securities, Financial & Cyber Fraud Unit are prosecuting the case.

BOSTON – Two Everett men were sentenced today for their participation in a scheme to launder money that was fraudulently obtained from customer bank accounts.

Lindsley J. Georges, 27, and Dave Guillaume, 24, were each sentenced by U.S. District Court Judge Allison D. Burroughs to time served and three years of supervised release, with six months spent in home confinement. Georges and Guillaume were also ordered to pay restitution in the amounts of $667,243 and $457,243, respectively. On Sept. 1, 2021, the defendants pleaded guilty to one count each of money laundering conspiracy.

In December 2017 and January 2018, Georges and Guillaume collectively deposited over $600,000 in checks into business bank accounts that they controlled. These checks were provided to Georges and Guillaume by other co-conspirators who had fraudulently withdrawn those funds from customer accounts at other banks. Georges and Guillaume subsequently withdrew a portion of the funds in cash and checks.

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

BOSTON – Three men were arrested today for allegedly conspiring to trade on inside information about a Massachusetts company’s planned acquisition of a California semiconductor company.

David Forte, 58, of Acton; John Younis, 59, of Bristol, R.I.; and Gregory Manning, 59, of Needham, were each charged with one count of conspiracy to commit securities fraud. The defendants will appear in federal court in Boston this afternoon.

According to the charging documents, beginning in or around June 22, 2016, Forte - an officer with the Needham Police Department - obtained material non-public information from a close relative who is a senior executive at Analog Devices, Inc. (Analog), a Norwood-based semiconductor company, about Analog’s planned acquisition of Linear Technology Corp. (Linear), a semiconductor company based in Milpitas, Calif. Forte allegedly passed the information to two close friends, Manning and Younis, who purchased shares of Linear stock in the week leading up to the public announcement of the acquisition on July 26, 2016. Younis also allegedly purchased call options -which are a bet that the price of a stock will increase prior to the expiration of the option - and tipped a business associate to purchase Linear shares as well. After the deal was announced, Manning, Younis and Younis’ associate allegedly sold their Linear securities at a profit, and Manning paid Forte a kickback in appreciation for Forte’s stock tip.

The charge of conspiracy to commit securities fraud provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office, made the announcement. The Securities & Exchange Commission provided valuable assistance. Assistant U.S. Attorney David M. Holcomb of Rollins’ Securities, Financial & Cyber Fraud 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.

BOSTON – A Lynn man was indicted by a federal grand jury today in connection with operating a drug trafficking organization in which he allegedly used pill presses to produce thousands of counterfeit pills per hour and distributed the counterfeit prescription pills containing fentanyl to suppliers on the North Shore.

Vincent Caruso, 26, a/k/a “Fatz,” was indicted on 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; one count of possession of a machine gun 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. Caruso was arrested and charged by Complaint on June 30, 2021 along with co-conspirators Ernest Johnson, Laurie Caruso and Nicole Benton. On Oct. 1, 2021, Benton pleaded guilty to her role in the conspiracy and is awaiting sentencing which is set for April 12, 2022.

According to the charging documents, Caruso, an alleged Crip gang member, operated a large drug trafficking organization with multiple subordinates, to sell counterfeit prescription pills containing fentanyl to street gangs for further distribution on the North Shore. It is alleged that Caruso possessed and used firearms in furtherance of drug trafficking activities. Caruso allegedly posted and messaged photos and videos using social media that depicted firearms and machine guns in his possession, large quantities of fentanyl that would be distributed by his organization, large amounts of cash and high-end jewelry. It is further alleged that Caruso conspired with others to conduct transactions in order to launder portions of the illegal proceeds of the drug trafficking operation.

The charge of conspiracy to manufacture, distribute and possess with intent to distribute 400 grams or more of fentanyl provides for a sentence of up to life in prison, at least 10 years and up to a lifetime of supervised release and a fine of up to $10 million. The charge of conspiring to possess firearms in furtherance of a drug trafficking conspiracy involving a machine gun provides for a sentence of up to life in prison, up to five years of supervised release and a fine of up to $250,000. The charge of possession of machine gun in furtherance of a drug trafficking crime provides for a sentence of at least 30 years, to be served consecutive to the sentence associated with the underlying drug trafficking crime, and up to life in prison, five years of supervised release and a fine of up to $250,000. The charge of conspiracy to interfere 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 conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $500,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.

First Assistant United States Attorney Joshua S. Levy: Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division; 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 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.

BOSTON – A Cambridge man was arrested and charged today in connection with purchasing child pornography with digital currency from the dark web.

David H. Chang, 27, was charged with one count of receipt of child pornography. Following an initial appearance this afternoon before U.S. District Court Magistrate Judge Marianne B. Bowler, Chang was detained pending a hearing which is set for Jan. 21, 2022.

According to the charging documents, between on or about April 2021 and January 2022, Chang used digital currency to purchase child pornography from the dark web. A search of Chang’s apartment this morning resulted in the recovery of electronic devices onto which Chang allegedly downloaded the child pornography he purchased. Additionally, Chang admitted to agents that he bought child pornography from a site on the dark web.

United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Homeland Security Investigations in New Haven (Conn.) provided valuable assistance. Assistant U.S. Attorney Benjamin Tolkoff of Rollins’ Major Crimes Unit is prosecuting the case.

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

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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

BOSTON – A Brockton man was sentenced yesterday for his role in a conspiracy to distribute fentanyl throughout southeastern Massachusetts.

Filomeno Monteiro, 31, was sentenced by U.S. District Court Judge Patti B. Saris to 42 months in prison and six years of supervised release. In July 2021, Monteiro pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and one count of distribution of fentanyl.

In 2019 and 2020, law enforcement conducted an investigation into fentanyl traffickers operating in southeastern Massachusetts. In December 2019, Monteiro worked with co-defendant Christian Collins to distribute 20 grams of fentanyl to a cooperating witness and undercover police officer at a location in Plympton. At the time of the offense, Monteiro was on probation for a prior Plymouth Superior Court conviction for kidnapping and aggravated assault. Monteiro was also previously convicted twice in state court of possession with intent to distribute cocaine and heroin and possession with intent to distribute marijuana.

On Dec. 10, 2021, Collins was sentenced by Judge Saris to five years in prison and four of supervised release.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Emanuel Gomes; East Bridgewater Police Chief Paul O’Brien; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy Cruz made the announcement. Assistant U.S. Attorney Christopher Pohl of Rollins’ Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Dominican national residing in Lawrence pleaded guilty yesterday in federal court in Boston to conspiracy and distribution charges involving large quantities of fentanyl.

Ysrael Nunez, 39, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl; one count of distribution and possession with intent to distribute fentanyl; and one count of distribution of and possession with intent to distribute 400 grams or more of fentanyl and aiding and abetting. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 18, 2022. Nunez was charged along with co-defendant Leisy Baez-Zapata in July 2019 and were subsequently indicted by a federal grand jury in August 2019.

In October 2018, agents began investigating a drug trafficking organization (DTO) that distributed fentanyl in the Lawrence area. Between October 2018 and July 2019, a cooperating witness made controlled purchases of fentanyl from the DTO and on July 24, 2019, Nunez sold the cooperating witness approximately 23 grams of fentanyl. During that meeting, they discussed the DTO supplying the cooperating witness with a kilogram of fentanyl. The following day, the cooperating witness made arrangements with Nunez to purchase a kilogram of fentanyl which Leisy Baez-Zapata subsequently delivered to the cooperating witness and an undercover agent.

On Sept. 29, 2021, Baez-Zapata was sentenced by Judge Sorokin to time served (approximately 26 months in prison) and three years of supervised release after previously pleading guilty.

The charges of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and distribution of 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 of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Assistant U.S. Attorney Alathea Porter of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.

BOSTON – A Waltham man was arrested and charged on Tuesday, Jan. 11, 2022 in federal court on charges of receipt of child pornography.

Robert Daigle, 45, was charged with one count of receipt of child pornography. Following an initial appearance yesterday before U.S. District Court Magistrate Judge Marianne B. Bowler, Daigle was detained pending a detention hearing scheduled for Jan. 14, 2022.

According to the charging document, a search of Daigle’s residence on Jan. 11, 202 resulted in the recovery of electronic devices belonging to the defendant. An on-site forensic examination revealed images and videos depicting child pornography on at least one device. 

The charge of receipt of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office; and Waltham Police Chief Kevin O’Connell made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ Major Crimes Unit is prosecuting the case.

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

BOSTON – A Michigan man was arrested yesterday in Michigan in connection with his alleged involvement in a fraudulent scheme to obtain COVID-19-related unemployment assistance.

Devin Smith, 30, was charged with one count of wire fraud and one count of aggravated identity theft. Smith was released on conditions following an initial appearance in federal court in Michigan yesterday afternoon. He will appear in federal court in Boston at a later date.

In March 2020, in response to the global coronavirus pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act provided funding to existing state unemployment insurance programs and created a new temporary federal program called Pandemic Unemployment Assistance (PUA). The PUA program, which in Massachusetts was administered by the Department of Unemployment Assistance, provided unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits.

According to the charging document, Smith participated in a scheme to obtain proceeds from fraudulent unemployment and PUA claims submitted in nine different states, including Massachusetts, between March and May 2020. Smith allegedly used stolen identities, including the identities of Massachusetts residents, to submit fraudulent unemployment and PUA claims and to purchase various commercial goods. Additionally, it is alleged that Smith filed multiple fraudulent unemployment and PUA claims in his own name in six different states, including in Massachusetts.

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and forfeiture. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Jonathan Mellone, Special Agent in Charge of Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations made the announcement today. Valuable assistance in the investigation was provided by the U.S. Postal Service and the Massachusetts Department of Unemployment Assistance. Assistant U.S. Attorney Christopher J. Markham 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 documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Lynn man pleaded guilty today in connection with illegally possessing and selling firearms.

Jufrandy Montano, 32, pleaded guilty to one count of dealing in firearms without a license, one count of being a felon in possession of a firearm and ammunition and one count of possession of an unregistered firearm. Montano was indicted on Sept. 28, 2021. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for April 27, 2022. Montano is currently in Maine state custody where he is serving a sentence on unrelated state charges.

Between March 4 and March 19, 2020, Montano sold three firearms. Additionally, on March 4, 2020, Montano possessed a 12-gauge sawed-off shotgun that was not registered to him in the National Firearms Registration and Transfer Records. Montano does not possess a license to import, manufacture, or deal firearms and is prohibited from possessing firearms due to a prior felony conviction.

The charge of dealing in firearms without a license 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 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. The charge of possession of an unregistered firearm provides for a sentence of up to 10 years in prison, three years 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 other statutory factors.

United States Attorney Rachael S. Rollins and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Assistant U.S. Attorney Benjamin A. Saltzman of Rollins’ Criminal Division is prosecuting the case.

This prosecution 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.

BOSTON – A Dominican national previously residing in Lawrence was sentenced on Tuesday, Jan. 11, 2022 in connection with using another individual’s social security number.

Angel Bautista Rossi, 44, was sentenced by U.S. District Court Judge William G. Young to 18 months in prison and three years of supervised release. Bautista Rossi will be subject to deportation proceedings upon completion of his sentence.

In August 2017, Bautista Rossi used the identity and social security number of a U.S. citizen in an application for a Massachusetts driver’s license and to obtain medical benefits. In July 2020, Bautista Rossi, using the stolen identity, was arrested in Norfolk County on unrelated drug charges currently pending in the Norfolk Superior Court.

United States Attorney Rachael S. Rollins and John Cremonini, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – A Dominican national was sentenced yesterday for drug trafficking activities involving fentanyl.

Angel Aybar Carmona, 26, was sentenced by U.S. District Court Judge Denise J. Casper to 13 months in prison. On Sept. 16, 2021, Carmona pleaded guilty to one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl.

In December 2020, Carmona provided a sample of fentanyl along with his phone number to an undercover law enforcement officer. In subsequent text message conversations with Carmona, the undercover officer arranged to purchase 120 grams of fentanyl inside a store in Lawrence. After completing the sale, Carmona was arrested. 

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Valuable assistance was provided by the Lawrence Police Department. Assistant U.S. Attorney Stephen Hassink of Rollins’ Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – The United States Attorney’s Office announced today that U.S. Senior District Court Judge George A. O’Toole authorized turnover of the full amount of funds held in an inmate trust fund account to the victims of Christopher Saemisch.

In March 2019, Saemisch was convicted by a federal jury in Boston of distributing child pornography to a currently incarcerated federal inmate. In 1997, Saemisch was convicted in federal court for conspiring to sexually exploit children, aiding and abetting the sexual exploitation of children, conspiring to distribute and receive child pornography, and distributing and receiving child pornography. He was also convicted by a Kansas court in 1999 for aggravated indecent liberties with a child under 14.

Due to his prior convictions, Saemisch was sentenced by Judge O’Toole to 30 years in prison and a lifetime of supervised release in July 2019. Saemisch was also ordered to pay restitution in the amount of $18,000 to his 18 individual victims.

According to court documents, in April 2016, agents received information from a federal inmate that Saemisch, who at the time was living in Kansas City, Kansas, admitted to looking at and storing child pornography and wanting to travel to Europe to have sex with children. Saemisch boasted to the inmate about his access to children and his new job babysitting four children. During their communications, Saemisch and the inmate used special coded language to discuss the collection and distribution of child pornography. The inmate confirmed that he and Saemisch used the code word “antiques,” when referring to child pornography and the code word “puppies,” to refer to children. On May 3, 2016, agents, pretending to be the inmate, began communicating with Saemisch. During the monitored conversations on various messaging apps and web platforms, Saemisch directed the undercover agents to set-up accounts to receive and exchange child pornography. He also sent them child pornography that he had stored on various file storage sites. Saemisch was arrested on May 6, 2016, while attending an event at a nudist campsite.

Upon learning that Saemisch had approximately $11,000 in funds in his inmate trust fund account, the United States filed a motion for turnover of these funds for the payment of restitution ordered to his victims. On Tuesday, Jan. 11, 2022, Judge O’Toole issued an order granting turnover of the full amount of the funds.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Michael Smith, Northeast Regional Director of the Federal Bureau of Prisons, made the announcement. Assistant U.S. Attorney Raquelle Kaye of Rollins’ Asset Recovery Unit handled the restitution aspects of this case. Assistant U.S. Attorneys James Herbert and Anne Paruti of Rollins’ Criminal Division prosecuted the case.

BOSTON – Three men were charged yesterday, and have agreed to plead guilty, in connection with a scheme to defraud a Massachusetts-based bank and the U.S. Small Business Administration (SBA).

Ted Capodilupo, 56, of South Easton; Joseph Masci, 70, of Boston; and Brian Ferris, 43, of Braintree, were charged with one count each of conspiracy to commit bank fraud.

According to the charging documents, between 2015 and 2018, Capodilupo, Masci and Ferris agreed to defraud the bank and the SBA by submitting fraudulent loan applications to the bank, which administered the SBA’s small business express loan program, to secure bank loans guaranteed by the SBA. Specifically, it is alleged that Capodilupo and Masci, who operated a loan brokerage business, submitted dozens of fraudulent loan applications to the bank on behalf of borrowers ineligible for traditional business loans. These loan applications misrepresented, among other things, the identity of the real loan recipients and the businesses for which the loans were sought.

Capodilupo and Masci also allegedly fabricated federal tax forms submitted in support of the fraudulent loan applications, falsified applicant signatures and falsely indicated that no broker had assisted in preparing or referring the loan applications. Capodilupo and Masci allegedly charged borrowers fees for obtaining these fraudulent loans. It is alleged that Ferris, who worked as a loan officer at the bank, caused the bank to issue loans for which Capodilupo and Masci submitted applications and received a kickback from Capodilupo and Masci of approximately $500 per loan. The alleged scheme generated approximately $270,000 in fees for Capodilupo and Masci. Many of the loans that the bank issued as a result of the fraudulent applications ultimately defaulted, resulting in substantial losses to the bank.

The charge of conspiracy to commit bank fraud provides for a sentence of up to 30 years in prison; five years of supervised release; a fine of up to $1 million or twice the gross gain or loss, whichever is greater; restitution; and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), New York Region; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office; Stephen Donnelly, Acting Special Agent-in-Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection; and Amaleka McCall-Brathwaite, Special Agent in Charge of SBA OIG’s Eastern Region, made the announcement. Assistant U.S. Attorney David M. Holcomb of Rollins’ Securities, Financial & Cyber Fraud 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.

BOSTON – A Revere man was indicted today in connection with trafficking cocaine base (crack cocaine) and fentanyl as well as using a firearm in furtherance of the crime.

Cesar Rivera, 22, was indicted on one count of possession with intent to distribute 28 grams of cocaine base and fentanyl and one count of possession of a firearm in furtherance of a drug trafficking crime. Rivera has been in federal custody since July 2021.

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

The charge of possession with intent to distribute 28 grams or more of cocaine base and 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 up to $5 million. The charge of possession of firearm in furtherance of a drug trafficking crime provides for a sentence of at least five years and up to life in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors. 

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

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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

BOSTON – A Dominican national residing in Boston was indicted by a federal grand jury today on three drug-trafficking charges involving fentanyl.

Luis Sonier Bautista Moreta, 25, was indicted on two counts of distribution and possession with intent to distribute 400 grams or more of fentanyl and one count of possession with intent to distribute 40 grams or more of fentanyl. Bautista was arrested and charged on Nov. 10, 2021 and has remained in custody since that time.

According to the charging documents, a relative of Bautista negotiated two sales of fentanyl to an undercover officer. It is alleged that Bautista handled the sales transactions, which took place on Oct. 22, 2021, at the Home Depot in Attleboro and on Nov. 1, 2021, at a location in Dorchester. The first transaction allegedly involved one kilogram of fentanyl and 6,000 counterfeit pills containing fentanyl and that the second transaction involved an additional kilogram of fentanyl. Additionally, Bautista is alleged to have possessed additional fentanyl at the time of his arrest in Boston.

The charge of distribution and possession 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 of supervised release and a fine of $10 million. The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance in the investigation was provided by the Boston Police Department. Assistant U.S. Attorney Samuel R. Feldman 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.

BOSTON – A Taunton man was arrested today in connection with illegally possessing and trafficking firearms.

Jaylen Rose, 27, was indicted on one count of dealing in firearms without a license and two counts of being a felon in possession of a firearm and ammunition. Following an initial appearance and arraignment today before U.S. District Court Magistrate Judge David H. Hennessy in federal court in Worcester, Rose assented to detention.

According to the indictment unsealed today, from in or around Dec. 2020 until Feb. 5, 2021, Rose allegedly engaged in firearms dealing. It is also alleged that on Feb. 5, 2021, Rose possessed two pistols and over 40 rounds of ammunition. Rose does not possess a license to deal firearms and is prohibited from possessing firearms due to prior convictions.

The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of being a felon in possession of a firearm and 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 other statutory factors.

United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Taunton Police Chief Edward James Walsh made the announcement today. Special assistance was provided by the U.S. Marshals Service for the District of Massachusetts and the Massachusetts State Police. Assistant U.S. Attorney J. Mackenzie Duane of Rollins’ Major Crimes Unit is prosecuting the case.

BOSTON – A Shirley woman was sentenced yesterday in federal court in Worcester for her role in a wide-ranging fentanyl, heroin, crack and cocaine trafficking conspiracy.

Shasaalena Blair, 41, was sentenced by U.S. District Court Judge Timothy S. Hillman to 18 months in prison and three years of supervised release. In January 2021, Blair pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base and 500 grams or more of cocaine.

According to court documents, following a fatal fentanyl overdose in September 2018, law enforcement began an investigation into a drug trafficking organization (DTO) in the Fitchburg area led by co-conspirators Pedro Baez and his son, Anthony Baez. Beginning in July 2019, electronic communications between members of the DTO and its suppliers revealed that Pedro and Anthony Baez worked with others to distribute a fentanyl and heroin mixture, cocaine and crack cocaine on a regular basis to individuals in the Fitchburg area, including Blair. Some of these individuals resold all or a portion of those drugs to their own customers. In July 2020, Blair was charged in a superseding indictment along with 17 others involved in the conspiracy, including Pedro and Anthony Baez.

Blair is the second defendant to be sentenced in this case. In December 2020, Anthony Baez was sentenced by Judge Hillman to 13 years in prison. Pedro Baez pleaded guilty on Feb. 3, 2021 and is scheduled to be sentenced on May 17, 2022. Eight other defendants in the case have pleaded guilty and are awaiting sentencing.  

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 Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. The case was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF). The Fitchburg Police Department, U.S. Postal Inspection Service and the Lunenburg Police Department also provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Rollins’ Narcotics and Money Laundering Unit prosecuted the case. 

The operation was conducted is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location.  This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.  More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

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

BOSTON – U.S. Attorney Rachael S. Rollins announced that Joshua S. Levy has been appointed to serve as First Assistant United States Attorney for the District of Massachusetts. Levy was formally sworn-in today by U.S. District Court Chief Judge F. Dennis Saylor IV.

“Mr. Levy has distinguished himself as someone with outstanding character, judgment and expertise,” said U.S. Attorney Rollins. “His decades as a litigator on a wide range of criminal and civil matters have allowed him to cultivate an excellent legal acumen that will be an invaluable asset to me and this Office. Mr. Levy is a tireless and dedicated attorney, and I am confident that his breadth of experience will serve this District well. I look forward to working closely with him in this new capacity.”

Mr. Levy has over 25 years of legal experience and, prior to his appointment as First Assistant U.S. Attorney, was a partner at the global law firm, Ropes & Gray LLP and co-chair of the firm’s global Litigation and Enforcement practice group. At Ropes & Gray, Mr. Levy specialized in white-collar and complex civil litigation – particularly in the health care, pharmaceutical, medical device and Health IT industries. In 2016, he was named as one of the Lawyers of the Year by Massachusetts Lawyers Weekly and, in 2021, he was named co-managing partner of Ropes & Gray’s Boston office.

Previously, Mr. Levy was an Assistant U.S. Attorney for the District of Massachusetts, from 1997 to 2004, serving in the Criminal Division’s Economic Crimes Unit. There, he prosecuted a wide range of white-collar crimes including health care fraud, securities and investor fraud, terrorism financing and environmental crimes.

Mr. Levy spent the first four years of his legal career at Ropes & Gray LLP. During that time, Mr. Levy was assigned a six-month rotation with the Middlesex County District Attorney’s Office in the Cambridge District Court. Prior to that, he was a law clerk for the Honorable Harold Herman Greene with the U.S. District Court for the District of Columbia.

Mr. Levy graduated magna cum laude from Georgetown University Law Center in 1992, where he was associate editor of the Georgetown Law Journal. He received his Bachelor of Arts in History from Brown University in 1987.

BOSTON – A Pittsfield man was sentenced yesterday in federal court in Springfield for firearm and drug trafficking offenses.

Elvins Sylvestre, 43, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 11 years in prison and five years of supervised release. On July 14, 2021, Sylvestre was convicted by a federal jury of possession with intent to distribute heroin, possession of cocaine, being a felon in possession of a firearm and possessing a firearm in furtherance of a drug trafficking felony.

In November 2019, Sylvestre was found in possession of cocaine and 11 grams of heroin, enough to make approximately 550 doses for distribution, along with a .380 caliber semi-automatic handgun loaded with an extended magazine and over 40 rounds of ammunition. Federal law prohibits Sylvestre from possessing a firearm or ammunition due to multiple prior felony convictions including possession of stolen property; robbery; assault and battery; and attempted murder.

United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Pittsfield Police Chief Michael Wynn made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Rollins’ Springfield Branch Office prosecuted the case.

BOSTON – A Boxford businessman was charged today and has agreed to plead guilty to defrauding the government of more than $1.45 million by engaging in a multi-year tax evasion scheme and to defrauding a customer by billing him for plumbing services he did not perform.

Jared Derrico, a/k/a “Jay,” 35, was charged and has agreed to plead guilty to one count of tax evasion and two counts of mail fraud. A plea hearing has not yet been scheduled by the Court.

According to the charging documents, for tax years 2015 through 2019, Derrico operated a plumbing business known, variously, as Derrico Services and The Pipe Surgeon. During that time, Derrico allegedly cashed payments from his customers or deposited them into his personal accounts, but did not report this income on this tax returns. It is also alleged that Derrico fraudulently obtained payments for installing air conditioning units at a property in Boston, but in fact, did not install the units.

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. The charge of mail fraud provides for a sentence of up to 20 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. According to the terms of the plea agreement, Derrico will pay restitution to the IRS and will be required to pay restitution to the victims of the charged scheme to defraud, if accepted by the Court. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. The United State Postal Inspection Service and the Ipswich Police Department also provided valuable support in the investigation. Assistant U.S. Attorney Kriss Basil of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – Rachael Splaine Rollins was sworn in today as the United States Attorney for the District of Massachusetts. U.S. District Court Chief Judge F. Dennis Saylor IV administered the oath of office in federal court in Boston during a private ceremony. A formal investiture will be planned for a later date.

U.S. Attorney Rollins was nominated by President Joseph R. Biden on July 26, 2021 and was confirmed by the United States Senate on Dec. 8, 2021 in a tie-breaking vote cast in favor by Vice President Kamala Harris. 

“Today’s swearing was a proud and humbling moment for both myself and my family. It was particularly special for me to have my parents with me, on my father’s 74th birthday. Their support has been unwavering, and I owe so much of this moment to them. As I reflect upon the path that led me here, I cannot help but think about the many colleagues and mentors who have supported me along the way. I want to acknowledge my friends, colleagues and law enforcement partners at the Suffolk County District Attorney’s Office whose steadfast commitment and dedication to keeping our neighborhoods healthy and safe has truly made a difference in the lives of so many. I am enormously proud of what we accomplished together,” said U.S. Attorney Rollins.

“As I begin this next chapter as the United States Attorney, I look forward to the challenges ahead. There is much to be done and I am blessed to be walking into an office with highly skilled attorneys and staff who have the same commitment to public safety and community wellbeing and health.”

U.S. Attorney Rollins, 50, of Boston, is now the top-ranking federal law enforcement official in the District of Massachusetts, which is comprised of 14 counties. With over 20 years of legal experience, U.S. Attorney Rollins will lead a team of more than 250 federal prosecutors and staff with three offices located in Boston, Worcester and Springfield.

U.S. Attorney Rollins has been the Suffolk County District Attorney (DA) for the last three years. In 2019, the people of Suffolk County elected her as the first woman to serve as their DA and the first woman of color to serve as DA in the Commonwealth of Massachusetts. Rollins is now the first Black woman to ever serve as U.S. Attorney in the District of Massachusetts, one of the two first U.S. Attorney’s Offices in the nation, established in 1789. 

U.S. Attorney Rollins previously served as Chief Legal Counsel to the Massachusetts Port Authority. Prior to that she served as General Counsel for the Massachusetts Department of Transportation and the Massachusetts Bay Transportation Authority. From 2007 to 2011, she was an Assistant U.S. Attorney for the District of Massachusetts serving in both the Civil and Criminal Divisions.

Earlier in her career, U.S. Attorney Rollins was an attorney at Bingham McCutchen LLP and from 1999 to 2002 she was a field attorney for the National Labor Relations Board. U.S. Attorney Rollins began her legal career as a clerk for Associate Judge Frederick L. Brown of the Massachusetts Appeals Court.

U.S. Attorney Rollins earned a Juris Doctor from Northeastern University School of Law and a Masters in Law from Georgetown University Law Center. She received a Bachelor of Arts Degree in Education and African-American Studies from the University of Massachusetts Amherst.

BOSTON – A former dispatcher for the Lincoln Police Department pleaded guilty yesterday in federal court in Boston to charges of child pornography.

Spencer Hughes, 33, of Randolph, pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography involving a prepubescent minor or a minor who had not attained 12 years of age. U.S. District Court Judge Denise J. Casper scheduled sentencing for May 5, 2022. Hughes was indicted in November 2020.

A search of Hughes’ residence in October 2020 resulted in the recovery of multiple electronic devices and external hard drives. An on-site preliminary forensic examination revealed multiple folders saved to the Hughes’ external hard drive under what appeared to be female names. One folder contained approximately 19 digital files depicting child pornography, including images and videos. This folder included a prepubescent minor female who appeared to be younger than the age of 12 engaged in sexual conduct, among other things. Further analysis of the Hughes’ electronic devices revealed more than 2,200 images and approximately 68 videos of child pornography. Prior to the search, Hughes was employed by the Town of Lincoln Police Department as a dispatcher.

The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, five years to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney J. Mackenzie Duane of Mendell’s Major Crimes Unit are 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/.

BOSTON – The sole officer and director of a Massachusetts marketing firm was charged today in connection with misappropriating tens of thousands of dollars of investor funds to pay his personal expenses.

Christopher R. Esposito, 55, of Everett, was charged and has agreed to plead guilty to one count of securities fraud. A plea hearing has not yet been scheduled by the Court.

As alleged in the charging documents, Esposito served as officer and director of Code2Action, Inc., a purported mobile marketing firm. Between August 2019 and February 2020, Esposito allegedly sold company shares to existing shareholders at sub-penny prices based on material misstatements and omissions and then misappropriated much of the proceeds. Specifically, it is alleged that Esposito deliberately misled prospective investors about, among other things, Code2Action’s plan and ability to complete a reverse merger, which Esposito touted would enable the investors to sell their shares at a profit. It is further alleged that Esposito misappropriated over $57,000 to pay his personal expenses and failed to disclose to prospective investors, among other things, that the U.S. Securities and Exchange Commission had previously obtained a final judgment against him for committing securities fraud and barred him from certain securities-related activities. 

The charge of securities fraud provides for a sentence of up to 20 years in prison, three years 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 other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney James R. Drabick of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A Boston man was sentenced yesterday in federal court in Springfield for marijuana distribution and tax offenses. 

Zachary Sweener, 36, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three months in prison and three years of supervised release. Sweener was also ordered to pay $156,457 in restitution. On July 6, 2021, Sweener pleaded guilty to one count of conspiracy to distribute marijuana, one count of possession with intent to distribute marijuana, one count of filing a false tax return and two counts of failing to file tax returns.

From 2014 to 2017, Sweener conspired with others to distribute marijuana. On January 10, 2017, a search of Sweener’s residence recovered 1,000 marijuana vape oil pens and over $90,000 in cash, two gold bars and other luxury items. Sweener also filed a false income tax return for 2013 by substantially under-reporting his income and failed to file tax returns for tax years 2014 and 2015, despite earning over $250,000 in each of those years. For tax years 2013 through 2015, Sweener failed to report over $625,000 in income and therefore failed to pay over $150,000 in federal income taxes. 

Acting United States Attorney Nathaniel R. Mendell; Deputy Assistant Attorney General David A. Hubbert of the Department of Justice’s Tax Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office and Trial Attorney Christopher O’Donnell of the Justice Department’s Tax Division prosecuted the case. 

BOSTON – Two Florida men were indicted today in connection with their alleged roles in a multi-million-dollar insider trading scheme.

Kris Bortnovsky, a/k/a “Kris Bort,” 40, of Surfside, Fla., and Ryan Shapiro, 44, of Bay Harbor Island, Fla., were charged with one count of conspiracy to commit securities fraud and one count of securities fraud. Both defendants were previously charged by criminal complaint on Dec. 6, 2021. A third defendant, David Schottenstein, 38, also of Surfside, Fla., was charged separately by an Information with conspiracy to commit securities fraud and has agreed to plead guilty.

As alleged in the charging documents, Bortnovsky served as a financial services professional for more than 20 years and Shapiro was an entrepreneur and founder of two privately held companies. From at least August 2017 to at least May 2019, it is alleged that Bortnovsky and Shapiro conspired to trade in the stocks of certain publicly traded companies, including At Home Group, Inc., Aphria, Inc., DSW, Inc. and Rite Aid Corp., among others, based on material nonpublic information (MNPI) regarding the earnings results and merger-and-acquisition activity of those companies. In many instances, Bortnovsky and Shapiro allegedly obtained the information from Schottenstein, who was a relative of one or more directors of these companies or of companies involved in proposed acquisitions of them. In another instance, Bortnovsky obtained the MNPI and shared it with Shapiro and Schottenstein.

The charge of securities fraud conspiracy provides for a sentence of up to 25 years in prison, five years supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of securities fraud provides for a sentence of up to 20 years in prison, three years 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 other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Wayne A. Jacobs, Special Agent in Charge of the Federal Bureau of Investigation’s Criminal/Cyber Division, Washington Field Office, made the announcement today. The Securities & Exchange Commission and the Federal Bureau of Investigation, Miami Field Office, provided valuable assistance. Assistant U.S. Attorneys Stephen E. Frank and Seth B. Kosto – Chief and Deputy Chief, respectively, of Mendell’s Securities, Financial & Cyber Fraud Unit – are prosecuting the case.

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

BOSTON – A Salem man pleaded guilty today in federal court in Boston in connection with two fraud schemes involving COVID-19 relief funds and tax returns for other individuals.

Roosevelt Fernandez, 42, pleaded guilty to two counts of wire fraud and one count of aggravated identity theft. U.S. District Court Judge Richard Stearns scheduled sentencing for May 11, 2022. Fernandez was charged in December 2020.

Fernandez applied for 10 Economic Injury Disaster Loans (EIDL) from the U.S. Small Business Administration (SBA), either in his own name or in the names of entities he controlled. EIDL funds were available to eligible individuals and businesses pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In June 2020, Fernandez applied for an EIDL under the name Soluciones Multi Service, an entity he controlled, and submitted a false tax filing in support of the application. As a result, the SBA deposited $124,900 into a bank account controlled by Fernandez from which he withdrew more than $80,000 in cash over the next two weeks. In August 2020, Fernandez applied for an EIDL in the name of another business using fraudulent tax filing information. As a result, the SBA deposited $149,900 into the same bank account.

In addition, Fernandez used the identities of various individuals to submit fraudulent state and federal tax returns. A number of these returns included fraudulent W-2 Forms purportedly issued by employers for whom the named taxpayer did not in fact work. Various fraudulent refunds were deposited into an account in the name of Soluciones Multi Service. In addition, a May 2020 fraudulent Economic Income Payment – stimulus authorized by CARES Act – was deposited into this same account. Fernandez was depicted on ATM surveillance footage depositing another fraudulent tax refund check into this account. Overall, the investigation uncovered approximately 40 fraudulent tax returns associated with Fernandez, totaling over $620,000 in requested refunds.

The charges of wire fraud provide 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 aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.  

Acting United States Attorney Nathaniel R. Mendell and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division for the Boston Field Office, made the announcement today. The U.S. Postal Inspection Service and the Massachusetts Department of Revenue provided valuable assistance with the investigation.  Assistant U.S. Attorney Bill Abely, Chief of Mendell’s Criminal Division, is prosecuting the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

BOSTON – A New York woman was indicted yesterday in federal court in Boston in connection with trafficking over 400 grams of fentanyl.

Shanese DeJesus, 25, was indicted on one count of distribution and possession with intent to distribute 400 grams or more fentanyl. 

According to the charging document, on or about Oct. 20, 2021, DeJesus distributed fentanyl in Andover.

The charge of distribution and possession 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 up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Colonel Nathan Noyes, Director of the New Hampshire State Police made the announcement. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Narcotics & Money Laundering Unit is prosecuting the case.

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

BOSTON – A New York man was indicted yesterday in federal court in Boston on drug trafficking charges involving fentanyl.

Ruben Davila Cardenas, 43, of Sunnyside, N.Y., was indicted on one count of distribution and possession with intent to distribute 400 grams or more fentanyl. 

According to the charging documents, on or about Oct. 19, 2021, Cardenas distributed more than 400 grams of fentanyl in Woburn and elsewhere.

The charge of distribution and possession 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 up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Colonel Nathan Noyes, Director of the New Hampshire State Police, made the announcement. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Narcotics & Money Laundering Unit is prosecuting the case.

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

BOSTON – A Methuen man pleaded guilty yesterday in federal court in Boston to selling a fentanyl and acetyl fentanyl mixture to an undercover agent on five occasions.

Andi Guerrero-Lara, a/k/a “Manny Sierra,” 24, pleaded guilty to a seven count superseding indictment charging him with one count of conspiracy to distribute 400 grams or more of fentanyl and 100 grams or more of acetyl fentanyl; three counts of distribution and possession with intent to distribute 40 grams or more of fentanyl and 10 grams or more of acetyl fentanyl; two counts of distribution and possession with intent to distribute 10 grams or more of acetyl fentanyl and fentanyl; and one count of possession with intent to distribute 100 grams or more of acetyl fentanyl and 40 grams or more of fentanyl. U.S. District Court Judge Richard G. Stearns scheduled sentencing for May 5, 2022.

In December 2019, Guerrero-Lara was indicted along with co-defendant Angel Rivera-Valle. He was subsequently charged in a superseding indictment on Sept. 2, 2020.

The defendants were members of a drug trafficking organization operating in the Merrimack Valley area of Massachusetts that regularly sold large quantities of fentanyl.  Between September and October 2019, an undercover agent purchased a fentanyl and acetyl fentanyl mixture from the defendants on five separate dates. According to court documents, after Rivera-Valle was arrested, Guerrero-Lara led agents on a high-speed car chase that spanned numerous miles and three cities during which Guerrero-Lara endangered multiple lives, as he narrowly missed crashing into a construction zone and police vehicles. Ultimately, Guerrero-Lara stopped his vehicle at an apartment complex in Lawrence and was arrested.

On Sept. 8, 2020, Rivera-Valle was sentenced by Judge Sterns to 64 months in prison and four years of supervised release.

This case is part of a coordinated enforcement operation in the Merrimack Valley called “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.        

The charges of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and 100 grams or more of acetyl fentanyl, and distribution and possession with intent to distribute 100 grams of acetyl fentanyl, each provide for a sentence of at least 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charge of distribution and possession with intent to distribute 40 grams or more of fentanyl and 10 grams or more of acetyl fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement. Assistance was provided by the Massachusetts State Police and the Andover Police Department. Assistant U.S. Attorney Alathea E. Porter of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.

BOSTON – A Holyoke man pleaded guilty on Tuesday, Jan. 4, 2022 in federal court in Springfield to distributing heroin and cocaine base (crack cocaine).

Ronny Authier, 23, pleaded guilty to two counts of distribution and possession with intent to distribute heroin and one count of distribution and possession with intent to distribute cocaine base. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for April 21, 2022. Authier was indicted in November 2019.

On two occasions in September 2019, Authier distributed a total of approximately 12 grams of heroin to an undercover agent. On a third occasion in September 2019, Authier also sold the agent approximately 24 grams of crack cocaine.

The charges of distribution and possession with intent to distribute heroin each 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. The charge of distribution and possession with intent to distribute cocaine base provides 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 based upon the U.S. Sentencing Guidelines and other statutory factors 

Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Office; Springfield Police Commissioner Cheryl Clapprood; and Holyoke Police Chief David Pratt made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Mendell’s Springfield Branch Office is prosecuting the case.

BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced yesterday on drug charges.

Tanairy Ruiz, a/k/a “Queen Tanairy,” 34, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (approx. 30 days) and three years of supervised release. On Sept. 8, 2021, Ruiz pleaded guilty to conspiracy to manufacture, distribute and possess with intent to distribute cocaine and cocaine base.

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.

Ruiz conspired with other Latin Kings members to manufacture and distribute cocaine base throughout the City of New Bedford. Ruiz resided in one of the many “trap houses” or multi-unit apartment buildings in New Bedford that were controlled by the Latin Kings. Ruiz’s apartment was used as a location where cocaine was “cooked” or manufactured into cocaine base.

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. Ruiz is the 41st defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; 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. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

BOSTON – A Boston woman was sentenced today in federal court in Boston for illegally possessing a firearm and ammunition.

Bianca Blanchard, 34, was sentenced by U.S. Senior District Court Judge Rya Zobel to 78 months in prison and three years of supervised release. In September 2021, Blanchard pleaded guilty to one count of being a felon in possession of a firearm and ammunition.

Blanchard was arrested in May 2019 after law enforcement determined that she had fired a bullet in the direction of a moving vehicle on a residential street in Dorchester, which led to a retaliatory shooting in which six bullets were fired into the apartment of a neighbor uninvolved in the dispute. A search of Blanchard’s residence resulted in the recovery of a Ruger .380 caliber semi-automatic pistol and an extended magazine containing 12 rounds of .380 caliber ammunition. Due to prior convictions of possession of ammunition without a firearms identification card and possession with intent to distribute a Class A substance, Blanchard is prohibited from possessing a firearm and ammunition.

Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Acting Commissioner Gregory Long made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Mendell’s Major Crimes Unit prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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.

BOSTON – A Guatemalan national pleaded guilty today in federal court in Boston to illegally reentering the United States after deportation.

Darwin Geovani Herrera Orellana, 31, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for May 5, 2022. Herrera Orellana was indicted in September 2021.

Herrera Orellana was initially encountered in Arizona in 2009, determined to be illegally present in the United States and subsequently deported. Sometime thereafter his removal, Herrera Orellana illegally reentered the United States and was arrested in Texas in 2012. Herrera Orellana was again placed into removal proceedings and deported.

In December 2020, Herrera Orellana was arrested in Waltham and charged with, among other things, assault and battery with a dangerous weapon. In June 2021, he was convicted of assault and battery with a dangerous weapon and sentenced to 14 months in prison. In July 2021, while serving this sentence in the Middlesex County House of Correction, agents determined that Herrera Orellana was illegally present in the United States after the fingerprints from his Waltham arrest and noncitizen records were determined to be a positive match. Upon completion of his prison sentence, Herrera Orellana was subsequently transferred into federal custody where he remains detained.

The charge of unlawful reentry of a deported alien provides for a sentence of up to two years in prison, one year of supervised released and a fine of up to $250,000. Herrera Orellana will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell 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 Mendell’s Major Crimes Unit is prosecuting the case.

BOSTON – The United States Attorney’s Office announced today approval by the Department of Justice’s Money Laundering and Asset Recovery Section to direct $454,945 recovered from forfeited assets to the victims of Keenam “Kason” Park. Park was convicted in August 2020 of one count of wire fraud in connection with a scheme to defraud private high schools and international students of millions of dollars in tuition and other fees.

The United States Attorney’s Office also announced approval to direct $229,882 recovered from forfeited assets to the victims of Raymond K. Montoya. Montoya was a hedge fund manager convicted in October 2018 of three counts of wire fraud, five counts of mail fraud and two counts of conducting an unlawful monetary transaction in connection with running a multi-million-dollar Ponzi scheme. 

Keenam Park

In December 2020, Park was sentenced by U.S. Senior District Court Judge Mark L. Wolf to five years in prison and three years of supervised release and was ordered to pay restitution of $7,332,407. The court also ordered forfeiture in the amount of $7,332,407. 

Park – through his company, EduBoston – collected tuition and other payments from students’ families for the 2019-2020 academic year but failed to pay the full tuition owed to partnering schools. Instead, Park used the funds on unrelated expenses, including personal expenses. Park also caused EduBoston to collect advance tuition and other payments for the 2020-2021 academic year, which Park failed to return to the students’ families after EduBoston went out of business in or around September 2019.

The government pursued forfeiture of a number of Park’s assets, including seizing bank accounts, a Lexus and other personal property, which resulted in this recovery. The funds will be distributed to victims pursuant to the Amended Judgment entered in this case. The U.S. Attorney’s Office will continue to pursue assets to compensate Park’s numerous victims.   

Raymond Montoya

In March 2019, Montoya was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to 175 months in prison and three years of supervised release. Montoya was ordered to pay restitution in the amount of $38,386,802 and forfeiture.

Between 2009 and June 2017, Montoya ran a pooled investment hedge fund in Boston called RMA Strategic Opportunity Fund, LLC. Montoya falsely told his investors—including his family, friends and acquaintances who resided in Massachusetts, Ohio and California—that the fund was earning substantial returns, when in fact, by 2014, the RMA Fund was sustaining substantial losses. The investors transferred millions of dollars of their personal savings and 401(k) retirement plans to Montoya and the RMA Fund. Montoya told the investors that he would invest their money in stocks and bonds, but he actually invested only a portion of their money, while diverting the rest—totaling millions of dollars—to business and personal bank accounts. Montoya used the diverted money for personal expenses such as luxury vehicles.

The government pursued forfeiture of a number of Montoya’s assets, including seized currency and bank accounts, jewelry, a Ferrari, Lamborghini, Rolls Royce and other vehicles. Of the funds obtained from the forfeited assets, $229,882 was approved by the Department of Justice’s Money Laundering and Asset Recovery Section to be applied to restitution. These funds will be distributed to victims pursuant to the Amended Judgment entered in this case. Previously, the government recovered over $9 million which has already been turned over for victim restitution. The U.S. Attorney’s Office will continue to pursue assets to compensate Montoya’s numerous victims.   

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Carol E. Head, Chief of Mendell’s Asset Recovery Unit, handled the forfeiture aspects of these cases. Assistant U.S. Attorney Leslie A. Wright of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the Park case. Assistant U.S. Attorney Neil J. Gallagher Jr. of Mendell’s Criminal Division prosecuted the Montoya case.

“We are aware of the news that Gary Lee Sampson has died. Our thoughts are with the Rizzo, McCloskey and Whitney families today. Their resilience is extraordinary.”

BOSTON – The U.S. Attorney’s Office and the U.S. Department of Health and Human Services’ Office for Civil Rights reached an agreement today with The Oaks, a skilled nursing facility in New Bedford, to resolve an allegation that the facility denied admission to individuals being treated with medications for Opioid Use Disorder (OUD) in violation of the Americans with Disabilities Act (ADA).

“Opioid Use Disorder is a recognized disability under the ADA, and providers who fail to treat it as such operate outside the law,” said Acting United States Attorney Nathaniel R. Mendell. “This settlement is the latest demonstration of our unending commitment to vindicate the rights of disabled people – and it will not be the last.”

“Health care providers should not base decisions about patients with Opioid Use Disorder on stereotypes or misconceptions about their disability.  People with OUD do not lose their civil rights because they are prescribed certain medications and OCR is committed to ensuring that people with OUD do not face discrimination in health care settings or other areas of life,” said Lisa J. Pino, Director of the U.S. Department of Health and Human Services, Office for Civil Rights.

The complaint alleges that in February 2019, a hospital requested an available bed for a patient in need of skilled nursing services. The Oaks responded saying it could not accept the individual because he was prescribed Suboxone (buprenorphine and naloxone), a medication to treat OUD. The complaint prompted investigation – pursuant to the ADA, Section 504 of the Rehabilitation Act of 1973, and the Patient Protection and Affordable Care Act – into The Oaks’ practice of denying admission to individuals who take medication prescribed to treat OUD. Individuals receiving treatment for OUD are generally considered disabled under federal civil rights laws, which prohibits private healthcare providers from discriminating on the basis of disability.

Under the terms of the agreement, The Oaks will, among other things, adopt a non-discrimination policy, revise its admissions policy and provide training to its admissions staff. The Oaks will also pay the United States a $5,000 civil penalty.

Since May 2018, the U.S. Attorney’s Office has settled with nine healthcare providers to resolve ADA violations related to OUD treatment.

Acting U.S. Attorney Mendell and HHS OCR Director Pino made the announcement today. Assistant U.S. Attorney Gregory Dorchak of Mendell’s Civil Rights Unit handled the matter.

BOSTON – A Dominican national previously residing in Springfield was sentenced today in connection with using another individual’s identity to fraudulently obtain government benefits.

Andrea Perez Placencia, 59, was sentenced by U.S. District Court Judge Mark G. Mastroianni to one year and one day in prison and three years of supervised release. Perez Placencia also was ordered to pay restitution in the amount of $32,029. On Sept. 20, 2021, Perez Placencia pleaded guilty to one count of false representation of a Social Security number and two counts of theft of government money.   

Perez Placencia used the identity of a Puerto Rican citizen to apply for and obtain Housing Choice Voucher Program, commonly known as Section 8, housing assistance benefits as well as to receive disability benefits from the Social Security Administration. As a result, between August 2017 and August 2018, Perez Placencia fraudulently received approximately $12,570 in Social Security benefits and, from April 2019 through February 2021, she fraudulently received $17,380 in Section 8 housing assistance benefits.

Acting United States Attorney Nathaniel R. Mendell; John Cremonini, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; and Christina Scaringi, Special Agent in Charge of the Department of Housing and Urban Development, Office of Inspector General, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit is prosecuting the case.

BOSTON – The principal of a Connecticut environmental consulting firm pleaded guilty yesterday in federal court in Springfield in connection with paying bribes to procure consulting contracts at educational institutions in Massachusetts and New York.

Stephen Dinapoli, 42, of Wilton, Conn., pleaded guilty to one count of conspiracy and two counts of bribery concerning programs receiving federal funds. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for April 20, 2022. Dinapoli was charged in August 2020.

Dinapoli is the principal of Big East Environmental, an environmental project management and consulting firm based in Connecticut. From 2015 to 2019, Dinapoli paid cash bribes to co-conspirator Floyd Young, who held positions involving facility maintenance at three collegiate institutions including American International College (AIC) in Springfield, Mass. Specifically, Dinapoli paid Young in cash during face-to-face meetings in order to obtain contracts for environmental consulting work at AIC, Cornell Tech and Cooper Union.

Young was charged in a separate case and, in August 2020, pleaded guilty to steering contracts for construction, repair, maintenance and other work for the collegiate institutions to favored contractors, including Dinapoli, in exchange for bribe payments typically in the amount of 15% of the contract.

The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charges of bribery concerning programs receiving federal funds each 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 gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office is prosecuting the case.

BOSTON – A Charlestown man who has been living under a false identity pleaded guilty today in federal court in Boston to charges arising from his use of the name and Social Security number of a U.S. citizen.

An individual referred to as “John Doe” pleaded guilty to one count of false statements on a United States passport application, one count of false representation of a social security number, three counts of wire fraud and one count of aggravated identity theft. U.S. District Judge Denise J. Casper scheduled sentencing for May 4, 2022. Doe was indicted in March 2020 and subsequently charged in a superseding indictment on April 29, 2021.

On or about March 31, 2020, Doe used the name and personally identifiable information of a Puerto Rican resident to apply for Massachusetts Department of Unemployment Assistance (Mass DUA) and Federal Pandemic Unemployment Compensation. On April 1, 2020, Mass DUA approved the claim and began issuing benefits to Doe via a prepaid debit card, which he used for cash withdrawals at ATM machines and for the purchase of goods and services. As a result, from April through September 2020, Doe fraudulently received over $15,000 in unemployment benefits under the stolen identity.

Previously, in 2017, Doe used the victim’s Social Security number to apply for a duplicate driver’s license with the Massachusetts Registry of Motor Vehicles and, in 2010, used the victim’s name and personally identifiable information to apply for a United States passport.

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. The charge of passport fraud provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for two years in prison to be served consecutive to the term for the underlying felony, which in this case is the false representation of a Social Security number. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

The investigation is being conducted by the U.S. Department of State's Diplomatic Security Service together with Homeland Security’s Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.

Acting United States Attorney Nathaniel R. Mendell; Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Jonathan Mellone, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, Labor Racketeering and Fraud made the announcement today. Assistant U.S. Attorneys Alathea Porter of Mendell’s Narcotics and Money Laundering Unit, Benjamin A. Saltzman of Mendell’s Major Crimes Unit and James Herbert of Mendell’s Health Care Fraud Unit are prosecuting the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, 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.

BOSTON – A Barnstable man pleaded guilty yesterday in federal court in Boston in connection with selling four “ghost guns” to an undercover agent.

Jacob Linhares, 34, pleaded guilty to one count of dealing in firearms without a license and being a felon in possession of a firearm. U.S. Senior District Court Judge Douglas Woodlock scheduled sentencing for April 12, 2022. Linhares was arrested and charged on June 15, 2021.

Between May 25, 2020 and June 15, 2020, Linhares, sold four Privately Made Firearms (PMFs) he had personally fabricated to an undercover agent. PMFs are not made by firearm manufacturers. Rather, they are made from firearm parts purchased from firearm manufacturers and assembled by the buyer using various drilling tools and machinery to construct a functional firearm. PMFs do not have serial numbers and are commonly known as “ghost guns” because they are not serialized, and are thus, untraceable to a purchaser or owner. On the fourth sale, Linhares agreed to take a commercially manufactured firearm as part of the payment. Due to prior felony convictions, Linhares is prohibited from possessing firearms.

The charge of dealing firearms without a federal license provides for a sentence of up to five years in prison and a fine of up to $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Barnstable County District Attorney Michael D. O’Keefe; Barnstable Police Chief Matthew Sonnabend; and Barnstable County Sheriff James M. Cummings made the announcement today. Assistant U.S. Attorney Philip A. Mallard of Mendell’s Organized Crime and Gang Unit is prosecuting the case.

This prosecution 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.

BOSTON – The U.S. Attorney’s Office for the District of Massachusetts and the U.S. Department of Justice’s Civil Rights Division today filed an amended complaint that alleges that the Chicopee Housing Authority and its Executive Director, Monica Blazic, violated the Fair Housing Act by engaging in a pattern or practice of discrimination based on race, national origin, and disability, and also violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

The United States initially filed suit against the defendants on April 19, 2021, alleging that the defendants failed to make reasonable accommodations and discriminated against a tenant based upon her disability. The amended complaint includes additional claims against the defendants, alleging that they engaged in a pattern or practice of discrimination based upon race or national origin over a period of years. Specifically, the amended complaint asserts that the defendants discriminated against Black and Hispanic tenants and potential tenants. As alleged in the amended complaint, Blazic preferred White tenants and made discriminatory statements about and to Black and Hispanic tenants, including the use of racial slurs. In addition, Blazic intimidated or coerced tenants and potential tenants based upon their race or national origin.

The matter was originally investigated by the U.S. Department of Housing and Urban Development, which, in March 2021, issued a charge against the Chicopee Housing Authority and Blazic after finding that the defendants violated the Fair Housing Act by failing to allow a tenant to transfer to a first floor or elevator accessible unit to accommodate her disability. The tenant has end stage renal disease and without the transfer to another unit, was unable to receive daily in-home dialysis. As alleged in the amended complaint, the tenant applied for a transfer based on her disability in 2017, and since that time the Chicopee Housing Authority offered 10 vacant apartments – any one of which could have accommodated the tenant – to other individuals.

“The racist conduct alleged in the amended complaint is shocking – here we have a public housing official openly using racist slurs to impugn tenants she is paid to serve,” said Acting U.S. Attorney Nathaniel R. Mendell. “Public officials are supposed to do competent work with common decency. When they stray this far from what is acceptable, they run afoul of the law and can expect to hear from this office.”

“It is simply inexcusable for the head of a public housing authority to repeatedly use racial slurs and make other bigoted statements about Black and Hispanic residents, or for the housing authority to repeatedly violate the rights of residents with disabilities,” said Kristen Clarke, Assistant Attorney General for Civil Rights at the U.S. Department of Justice. “The Department of Justice will vigorously pursue housing providers who use brazenly unlawful and discriminatory conduct to threaten and intimidate tenants. All people deserve access to housing free from discrimination.”

“Racial discrimination and discrimination against persons living with disabilities have absolutely no place in our country’s housing market, and those who discriminate must be held accountable,” said Demetria McCain, HUD's Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. “HUD applauds the Justice Department for taking today’s action and will continue supporting its efforts to hold housing providers accountable when they fail to meet their obligations under the nation’s housing laws.”

The lawsuit seeks an order requiring the defendants to cease discrimination against any tenant based on race, national origin, or disability, pay damages to aggrieved parties and to accommodate residents’ disabilities.

Acting U.S. Attorney Mendell, Assistant Attorney General Clarke and HUD FHEO Principal Deputy Assistant Secretary McCain made the announcement today. Assistant U.S. Attorneys Gregory Dorchak and Michelle Leung of Mendell’s Civil Rights Unit are handling the matter. 

Individuals who have information about this case can contact the U.S. Attorney’s Office by calling 1-617-275-756 or by emailing [email protected].

The Civil Rights Unit of the U.S. Attorney’s Office has been enforcing federal civil rights matters since 2015. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.