District of Massachusetts
Press releases recorded for this federal judicial district.
Nineteen Brazilian Nationals Charged in Nationwide Conspiracy to Open Fraudulent Driver Accounts at Leading Rideshare and Delivery Service CompaniesRead the Press Release
BOSTON – Nineteen Brazilian nationals were charged today with engaging in a nationwide conspiracy to set up fraudulent driver accounts with multiple rideshare and delivery service companies using stolen identities, and to rent or sell those accounts to drivers who might not otherwise qualify to drive for those services.
The alleged scheme also involved using the fraudulent accounts to exploit the company’s referral bonus programs, and using automated “bots” and GPS spoofing technology to increase the income earned from the fraudulent driver accounts. The government estimates that more than 2,000 victims’ identities were stolen and used as part of the scheme.
“The scheme alleged in today’s charges was extensive, violated customers’ privacy, and enabled unqualified drivers to work for rideshare and food delivery services,” said Acting U.S. Attorney Nathaniel R. Mendell. “Millions of us rely on these services every day for transportation and to have meals and groceries delivered to our homes. They are an important part of the economy, especially now. We allege that the conspirators took advantage of that by stealing customers’ identities while making deliveries and using those stolen identities to set up fraudulent accounts. That means accounts for unqualified drivers who could not meet minimum qualifications, were not eligible to work in the United States, or could not pass a background check. That’s illegal. I encourage individuals who believe they may be a victim of this fraud to contact my Office.”
“These individuals are accused of executing a nationwide con in which they dragged thousands of innocent people into their scheme by stealing their identities. They thought it would be an easy way to generate some quick money, but in doing so they potentially compromised public safety by putting people behind the wheel who couldn’t get jobs with these companies on their own,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “This massive fraud ring would have been more difficult to detect without the assistance of the victim companies in this case who are making a good faith effort to root out fraud and enhance their customers’ safety.”
The complaint alleges that beginning by at least January 2019, and continuing through at least April 2021, the defendants conspired with each other and with additional conspirators to defraud at least five different rideshare and delivery companies. The scheme involved obtaining images of victims’ driver’s licenses and Social Security numbers, creating fraudulent driver accounts using these identifiers, and renting or selling those accounts. Generally the accounts were rented or sold to individuals who did not otherwise qualify to drive for the rideshare and delivery services because they did not meet minimum qualifications, were not eligible to work in the United States, or could not pass a background check.
The conspirators allegedly coordinated with each other on the prices they charged drivers to use the fraudulent accounts, and shared tips with each other on how to circumvent the companies’ fraud detection systems. The conspirators are also alleged to have fraudulently obtained referral bonuses from the companies by creating fraudulent driver accounts for the sole purpose of referring other fraudulent driver accounts. The conspirators allegedly used “bots” and GPS spoofing technology to exploit the rideshare and delivery companies’ systems. A “bot” is a software application that runs automated tasks over the Internet. GPS spoofing technology allows a user to fake the user’s location.
As a result of the scheme, Internal Revenue Service Forms 1099 were generated in victims’ names for income the conspirators earned from the rideshare and delivery companies.
The following defendants were arrested and charged by criminal complaint with one count of conspiracy to commit wire fraud:
- Wemerson Dutra Aguiar, 25, a Brazilian national formerly residing in Lynn and Woburn, Mass.;
- Priscila Barbosa, 35, a Brazilian national residing in Saugus, Mass.;
- Edvaldo Rocha Cabral, 41, a Brazilian national residing in Lowell, Mass.;
- Clovis Kardekis Placido, 37, a Brazilian national residing in Citrus Heights, Cali.;
- Guilherme Da Silveira, 28, a Brazilian national residing in Revere, Mass.;
- Flavio Candido Da Silva, 35, a Brazilian national residing in Revere, Mass.;
- Altacyr Dias Guimaraes Neto, 34, a Brazilian national residing in Kissimmee, Fla.;
- Bruno Proencio Abreu, 28, a Brazilian national residing in Saugus, Mass.;
- Jordano Augusto Lima Guimaraes, 34, a Brazilian national residing in Salem, Mass.;
- Alessandro Felix Da Fonseca, 25, a Brazilian national residing in Revere, Mass.;
Nine defendants remain at large.
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 charges of conspiracy to commit wire fraud provide 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. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Mendell and FBI Boston SAC Bonavolonta made the announcement today. Significant assistance was provided by the Massachusetts State Police, Concord Police Department, Lexington Police Department, Plymouth Police Department, Wilmington Police Department, Marlborough Police Department, Village of Rye Brook (N.Y.) Police Department, 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 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.
New York Man Pleads Guilty to Fentanyl and Heroin TraffickingRead the Press Release
BOSTON – A New York man pleaded guilty today in federal court in Boston to heroin and fentanyl possession and distribution charges.
James De La Cruz, 30, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin and 400 grams or more of fentanyl and one count of possession with intent to distribute one kilogram or more of heroin and 400 grams or more of fentanyl. U.S. District Judge Richard G. Stearns scheduled sentencing for Oct. 6, 2021.
In September and October 2019, De La Cruz spoke with a cooperating witness several times and met with the cooperating witness to arrange a large drug shipment from New York to the Boston area. On Oct. 21, 2019, De La Cruz and his co-defendant Juan Santos Roque drove from New York to Peabody, Mass. with approximately 10 kilograms of fentanyl and six kilograms of heroin in a hidden compartment in Santos Roque’s vehicle. After meeting with the cooperating witness, law enforcement agents arrested both men.
Santos Roque pleaded guilty in October 2020 and is scheduled to be sentenced on May 12, 2021.
The charges of conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin and 400 grams or more of fentanyl carry a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Peabody Police Department. Assistant U.S. Attorney Stephen W. Hassink of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
Former Client Relationship Manager at Bank of America Sentenced for Embezzling from Client CompanyRead the Press Release
BOSTON – A former client relationship manager at Bank of America was sentenced today in connection with embezzling $1.5 million from a client company and using a portion of those funds to purchase luxury items.
Waqas Ali, 31, of Abington, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to one year and one day in prison and two years of supervised release, one year of which is to be served on home confinement. Ali was also ordered to pay $600,000 in restitution and forfeiture. In October 2020, Ali pleaded guilty to wire fraud and unlawful monetary transactions.
Ali was the client relationship manager for the victim company, which was a Bank of America client. Ali opened a checking account in the name of the victim company without its knowledge or authorization, and between September 2016 and July 2017, fraudulently transferred over $1.5 million from the victim company’s accounts to a fraudulent account.
Ali used approximately $600,000 of the funds he fraudulently obtained to fund his lifestyle and pay for luxury items, including a Porsche SUV and retail items at Neiman Marcus, Bloomingdales, Christian Louboutin and Tag Heuer.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Former Attorney Sentenced for Embezzlement and Tax ChargesRead the Press Release
BOSTON – A former attorney was sentenced today in connection with a long-running scheme to embezzle funds from trusts for which he served as trustee.
Kevin M. Brill, 61, of Newton, was sentenced by U.S. Senior District Judge Mark L. Wolf to two years in prison, three years of supervised release and a fine of $15,000. Brill was also ordered to pay restitution of $381,662 to the victims and $169,000 to the IRS. On Jan. 11, 2021, Brill pleaded guilty to six counts of wire fraud and four counts of filing false tax returns.
From 2012 to July 2017, Brill served as a trustee for three family trusts with fiduciary responsibilities to protect and preserve the trust funds and make expenditures for the benefit of the beneficiary. Instead, Brill embezzled and misappropriated more than $600,000 from the trusts and used the proceeds for personal expenses including the purchase of a vehicle, a vacation home in Vermont, major renovations to the vacation home, and his personal credit card bills.
In addition, Brill failed to report his illegal income to the IRS, thereby avoiding payment of more than $169,000 that he owed in federal income taxes.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Assistant U.S. Attorney Victor A. Wild of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Brazilian National Sentenced for Racketeering and Robbery ConspiraciesRead the Press Release
BOSTON – A member of Primeiro Comando da Massachusetts (“PCM”), a gang with Brazilian origins, was sentenced yesterday in connection with committing armed robberies.
Alvaro Dos Santos Melo, 22, a Brazilian national illegally residing in Everett, was sentenced by U.S. District Court Judge Patti B. Saris to four years in prison. The defendant will face deportation proceedings upon completion of his sentence. On Jan. 25, 2021, Melo pleaded guilty to conspiracy to commit robbery and racketeering conspiracy.
According to court documents, in September 2018, law enforcement began investigating members and associates of PCM, which first appeared in Massachusetts in 2017. It is alleged that members and associates of PCM were actively involved in violent crimes including the illegal sale of firearms, drug trafficking, robberies, kidnappings and armed assaults in numerous communities in Massachusetts, including Boston, Malden, Everett, Somerville, Framingham and Peabody, among others.
Melo participated in the armed robbery of a car in Marlborough and a conspiracy to commit armed robbery of a drug courier. Melo is also wanted in Brazil.
All eight of the defendants in the case pleaded guilty to racketeering conspiracy and other charges. In February 2021, Judge Saris sentenced co-defendant Breno Henrique DaSilva to 108 months in prison. In April 2021, Judge Saris sentenced co-defendant Matheus Marley Machado to 27 months in prison.
Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. The Chelsea, Lowell, Malden, Marlborough, Somerville and Weymouth Police Departments and the Middlesex Sheriff’s Office provided assistance with the investigation. Assistant U.S. Attorney Timothy Moran, Deputy Chief of Mendell’s Organized Crime and Gang Unit, and Assistant U.S. Attorney Michael Crowley prosecuted the case.
Quincy Man Charged with Child Pornography OffenseRead the Press Release
BOSTON – A Quincy man was arrested on May 3, 2021 and charged with receipt of child pornography.
Andre Tilahun, 27, was charged in a criminal complaint with one count of receipt of child pornography. Following an initial appearance yesterday, Tilahun was detained pending a detention hearing scheduled for May 7, 2021.
According to the charging documents, in April 2021, investigators executed a search warrant at Tilahun’s home and seized a laptop belonging to Tilahun. A forensic examination of the laptop revealed that Tilahun received images depicting child pornography on the Kik Messenger platform. It is also alleged that Tilahun participated in a Kik chatroom where participants shared child pornography.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Valuable assistance was provided by the Quincy Police Department and Weymouth Police Department. Assistant U.S. Attorney Benjamin A. Saltzman of Mendell’s 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/.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New York Man Pleads Guilty to Controlled Substance OffenseRead the Press Release
BOSTON – A Bronx, N.Y. man pleaded guilty on May 4, 2021 in connection with his role in a conspiracy to distribute a controlled substance in 2019.
Jason Jimenez, 27, pleaded guilty to one count of unlawful use of a communications facility. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Sept. 9, 2021.
On July 10, 2019, Jimenez was arrested after making admissions to investigators in connection with a drug transaction. He was indicted in August 2019 as part of a coordinated enforcement operation in the Merrimack Valley dubbed “Operation 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 charge of unlawful use of a communications facility provides for a sentence of up to four years in prison, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Valuable assistance was provided by the Lawrence Police Department and North Andover Police Department. Assistant U.S. Attorney Evan Panich of Mendell’s Office is prosecuting the case.
MS-13 Member Pleads Guilty to RICO Conspiracy Involving MurderRead the Press Release
BOSTON – A member of the MS-13 gang pleaded guilty yesterday in federal court in Boston to racketeering charges and admitted to participating in a 2018 murder in Lynn.
Jonathan Tercero Yanes, a/k/a “Desalmado,” 24, a national of El Salvador, pleaded guilty to racketeering conspiracy. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Sept. 15, 2021.
MS-13 is a transnational street gang operating in Massachusetts and numerous other states, as well as countries such as El Salvador, Honduras and Guatemala. MS-13 members follow certain core rules and principles, including that members attack and attempt to kill members of rival gangs, and members do not act as informants or cooperate with law enforcement.
MS-13 is organized in Massachusetts and elsewhere in the form of so-called “cliques” or smaller groups that operate under the larger mantle of MS-13. Tercero Yanes was a member of the Sykos Locos Salvatrucha clique of MS-13. Achieving promotion in MS-13 generally requires the commission of a significant act of violence.
Tercero Yanes was indicted in 2018 following an investigation into the murder of a teenage boy whose body was found in a park in Lynn on Aug. 2, 2018. The injuries to the victim’s body indicated that the victim had been stabbed dozens of times. As part of his plea, Tercero Yanes admitted that on or about July 30, 2018, he participated in that murder while a member of the MS-13 gang.
Tercero Yanes is the 4th defendant in this case to plead guilty and accept responsibility for his participation in murder. The remaining defendants in this case are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Based upon his conviction for RICO conspiracy involving murder, Tercero Yanes faces a sentence of up to life in prison, up to three years of supervised release and a fine of up to $250,000. Tercero Yanes will also be subject to deportation upon the completion of his sentence. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Essex County District Attorney Jonathan Blodgett; Suffolk County District Attorney Rachel Rollins; Acting Boston Police Commissioner Gregory Long; and Lynn Police Chief Michael Mageary made the announcement.
Former IRS Service Center Employee Sentenced for Filing Hundreds of False Tax ReturnsRead the Press Release
BOSTON – A former employee of the IRS Service Center in Andover was sentenced today for aiding and assisting in the preparation and filing of over 400 false tax returns for herself and other individuals.
Jennifer Beth True, 44, of Lawrence, was sentenced by U.S. District Court Judge Leo T. Sorokin to twelve months and one day in prison, three years of supervised release and a fine of $1,000. True was also ordered to pay $689 in restitution to victims who were charged interest and penalties based on the false returns she prepared for them, and $1,056,781 in restitution to the IRS. In September 2020, True pleaded guilty to four counts of aiding and assisting the filing of a false tax return and four counts of filing a fraudulent tax return by an employee of the United States.
True was employed by the Internal Revenue Service for over 22 years. In her position as a Lead Contact Representative, she assisted team members in responding to difficult and complex taxpayer inquiries. Throughout her employment, True was trained in tax law, ethics, information protection and disclosure, privacy, identity theft and identity protection.
True electronically filed over 500 tax returns for herself and other taxpayers between 2012 and 2018, in violation of IRS rules prohibiting employees from “[e]ngaging in the preparation of tax returns for compensation, gift, or favor.” True admitted that between approximately February 2012 and April 2018, she prepared or assisted in preparing and filing of at least 70 IRS Forms 1040 – U.S. Individual Income Tax Returns – for herself and other taxpayers that True knew contained false items such as false individual retirement account deductions, false medical expenses, false and inflated unreimbursed business expenses and/or false tax preparation fees. Some returns also included false child and dependent care credits. As a result of the false deductions claimed on the returns, the tax obligations of True and those individuals whose false returns she prepared was reduced.
Acting United States Attorney Nathaniel R. Mendell; William Kalb, Special Agent in Charge of the Treasury Inspector General for Tax Administration, New York Field Office; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Mendell’s Public Corruption & Special Prosecutions Unit prosecuted the case.
Connecticut Man Pleads Guilty to Stolen Firearms Offenses and Making False StatementsRead the Press Release
BOSTON – A Connecticut man pleaded guilty yesterday in federal court in Springfield to a variety of charges in connection with stealing 17 firearms from a West Springfield gun shop and making false statements to federal agents.
Fernando Rivera, 24, of New Britain, Conn., pleaded guilty to one count each of theft of firearm from a Federal Firearms Licensee; being a felon in possession of a firearm; interstate transportation of a stolen firearm; receipt, possession, concealment, storage, barter, sale, or disposition of a stolen firearm in interstate commerce; and making false statements to a federal official. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 15, 2021.
In September 2020, Rivera was charged by criminal complaint with co-defendant Christian Castro, who agreed to plead guilty yesterday.
Rivera was a felon on state probation for a prior narcotic charge in Connecticut. Shortly after midnight on or about Aug. 29, 2020, Rivera and Castro engaged in a crime spree in Vermont, New Hampshire and Massachusetts that included seven ATM thefts and culminated in the theft of 17 firearms from a Federal Firearms Licensee in West Springfield, Mass.
On Sept. 18, 2020, federal agents arrested the two men at their homes in Connecticut.
The firearms charges each provide for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. The charge of making false statements provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division made the announcement. Special assistance was provided by the Massachusetts State Police; Springfield, Hadley, West Springfield, New Britain (Conn.) and Middletown (Conn.) Police Departments; Connecticut State Police; Connecticut Department of Correction; and Connecticut Judicial Branch Adult Probation. Assistant U.S. Attorney Steven H. Breslow of Mendell’s Springfield Branch Office is prosecuting the case.
Springfield Man Sentenced for Role in Large-Scale Fentanyl and Heroin Trafficking RingRead the Press Release
BOSTON – A Springfield man was sentenced yesterday for his role in a large-scale drug conspiracy that trafficked dozens of kilos of heroin and fentanyl into Springfield from New York City and the Dominican Republic.
Julian Declet, 37, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 22 months in prison and three years of supervised release. In October 2019, Declet pleaded guilty to one count of conspiring to distribute and possess with intent to distribute heroin.
Declet worked at AJ Buy and Sell, a pawn shop in Springfield owned by co-defendant Alberto Marte. Declet admitted to brokering several sales of heroin on behalf of Marte. The deals frequently involved at least $50,000 worth of heroin. The Marte Drug Trafficking Organization (DTO) had direct contact with heroin supply sources in the Dominican Republic. On a monthly basis, members of the DTO transported between eight and 20 kilograms of heroin into the Springfield area.
Marte and 11 co-conspirators have pleaded guilty and one was convicted by a federal jury. In March 2020, Marte was sentenced to 15 years in prison.
Acting United States Attorney Nathaniel R. Mendell; Hampden County District Attorney Anthony D. Gulluni; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Claprood; Chicopee Police Chief William Jebb; Holyoke Police Chief Manny Febo; and West Springfield Police Chief Paul Connor made the announcement. Assistant U.S. Attorneys Neil Desroches, David G. Lazarus and Stephen W. Hassink of Mendell’s Springfield Branch Office prosecuted the case.
Former Corporate Executive Pleads Guilty to $30 Million Embezzlement SchemeRead the Press Release
BOSTON – The former Chief Financial Officer of Alden Shoe Co. pleaded guilty today to embezzling approximately $30 million from the company as part of a long-running scheme.
Richard Hajjar, 64, of Duxbury, pleaded guilty to one count each of wire fraud, unlawful monetary transactions and filing a false tax return. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 15, 2021 at 3 p.m.
From at least 2011 through October 2019, when he was terminated by Alden Shoe Co., Hajjar embezzled money by writing checks to himself from company bank accounts and transferring funds from company accounts to his personal accounts and to another individual. In total, Hajjar embezzled approximately $30 million which he used to enrich himself and to buy gifts and luxury travel for others close to him, including private flights to the Caribbean and diamond jewelry.
In addition, between approximately 2014 and 2019, Hajjar failed to report the proceeds of his embezzlement as income on his tax returns, thereby failing to pay approximately $5,112,822 in taxes to the Internal Revenue Service.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a $250,000 fine or twice the gross gain/loss, whichever is greater. The charge of unlawful monetary transaction provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000, or twice the value of the criminally derived property. The charge of filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations made the announcement today. Assistant U.S. Attorneys Mackenzie A. Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit and Carol E. Head of Mendell’s Asset Recovery Unit are prosecuting the case.
Chicago Area Rapper Charged with Making False Statements to Federal AgentRead the Press Release
BOSTON – A Chicago area rap artist was charged in federal court in Springfield, Mass. with allegedly making a false statement to a federal agent.
Herbert Wright, 25, a/k/a “G Herbo,” was charged with one count of making a false statement to a federal official. Wright and five co-defendants, including Antonio Strong, a rap promoter, were previously indicted for conspiracy to commit wire fraud and aggravated identity theft.
According to the previous indictment, beginning in approximately March 2016, the defendants allegedly conspired to defraud numerous businesses and individuals throughout the United States by using unauthorized and stolen payment card account information to obtain valuable goods and services, such as private jet and yacht charters, exotic car rentals, luxury hotel and vacation rental accommodations, private chef and security guard services, designer puppies, limousine and chauffer services, commercial airline flights, consumer goods and meals.
Yesterday, Wright was charged with allegedly making false statements to a federal agent on Nov. 24, 2018. Specifically, it is alleged that Wright falsely told the federal agent that he never worked with or was assisted by Antonio Strong; he never provided Strong any money; he never received anything of value from Strong; and he had no direct relationship with Strong. In fact, since at least 2016, it is alleged that: (1) Strong worked with and assisted Wright; (2) Wright provided Strong money; (3) Wright received valuable goods from Strong, including private jet charters, luxury accommodations, and exotic car rentals; and (4) Wright had frequent direct contact with Strong, including phone conversations, text messages and Instagram messages.
The charge of false statements provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Frederick Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement. Assistant U.S. Attorney Steven H. Breslow of Mendell’s Springfield Branch Office and Trial Attorney Andrew Tyler of the Justice Department’s Criminal Division’s Fraud Section.
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.
Milton Woman Pleads Guilty to Tax and Drug Charges Arising from Multimillion-Dollar Marijuana EnterpriseRead the Press Release
BOSTON – A Milton woman pleaded guilty today to her role in a marijuana delivery service.
Deana Martin, 53, of Milton, pleaded guilty to one count of tax evasion, one count of conspiracy to distribute marijuana, one count of possession with intent to distribute marijuana and three counts of money laundering. U.S. District Judge Timothy S. Hillman scheduled sentencing for Sept. 1, 2021.
Martin and co-defendant Tatiana Fridkes were indicted in May 2019 in connection with their management of Northern Herb, a marijuana delivery service that operated in Massachusetts from 2015 to 2018. In September 2020, Fridkes pleaded guilty to conspiracy to distribute marijuana and is scheduled to be sentenced on June 3, 2021.
Martin owned and managed Northern Herb, which operated a website offering marijuana products for sale including raw marijuana, pre-rolled marijuana cigarettes and marijuana edibles. While Northern Herb purported to provide medical marijuana, it did not require a customer to provide proof of a medical marijuana card. Furthermore, Northern Herb delivered marijuana to unattended locations (such as a front door or hallway) where unknown third parties could have accessed it. Northern Herb used locations in Canton, Milton, Foxborough and Hyde Park to store and distribute marijuana, and employed at least 25 workers.
From May 2016 through July 2018, Northern Herb’s revenue exceeded $14 million. Northern Herb did not withhold or pay taxes on its millions of dollars in marijuana sales and did not pay taxes on its profits. Much of the cash collected by Northern Herb from customers was used to pay its suppliers and its workers. In paying cash wages, Northern Herb did not withhold, remit, or pay any payroll or income taxes. Northern Herb did not report worker wages to the IRS via Form 941, nor did it issue W-2s or 1099s to its workers.
On the drug counts, Martin faces 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 money laundering provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $500,000 or twice the value of the money laundered. 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 up to $100,000. Martin also faces restitution and forfeiture. 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; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. The United States Postal Inspection Service also provided valuable assistance with this investigation. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division and Assistant Chief Kathleen Barry of the Justice Department’s Tax Division are prosecuting the case.
Former North Shore Resident Charged with COVID-Relief FraudRead the Press Release
BOSTON – A former North Shore resident was arrested today in connection with allegedly filing a fraudulent loan application in order to obtain over $660,000 in Paycheck Protection Program (PPP) loan funds and using those funds for personal expenses, including an alpaca farm in Vermont.
Dana L. McIntyre, 57, of Grafton, Vt. and previously of Beverly and Essex, Mass., was charged in a criminal complaint with one count of wire fraud and one count of money laundering. McIntyre will make a virtual initial appearance in federal court in Boston this afternoon.
McIntyre is the former owner of Rasta Pasta Pizzeria in Beverly. As alleged in the complaint, in April 2020, McIntyre submitted a fraudulent application for a PPP loan of over $660,000 through a Small Business Administration (SBA) approved lender. In the application, McIntyre allegedly inflated information about the pizzeria’s employees and payroll expenses and falsified an official tax form in an effort to qualify the business for a larger loan amount. McIntyre allegedly reported that the pizzeria employed nearly 50 individuals; however, records indicate that the business paid fewer than 10 employees at any time before or after McIntyre submitted the loan application.
The complaint further alleges that, after receiving a PPP loan of over $660,000, McIntyre sold the pizzeria and used nearly all the funds for personal expenses, including to purchase and upgrade a farm in Vermont as well as to buy several alpacas, at least two vehicles and weekly airtime for a cryptocurrency-themed radio show among other expenses.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain approved expenses, through the PPP.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss from the scheme, whichever is greater. The charge of money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000, or twice the value of the criminally derived property. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office made the announcement today. Assistant U.S. Attorneys David M. Holcomb of Mendell’s Securities, Financial & Cyber Fraud Unit and Carol Head of Mendell’s Asset Recovery Unit are prosecuting the case.
Information about allegations of attempted fraud involving COVID-19 can be reported by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) hotline by phone (1-866-720-5721) or via an online reporting form available 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.
Dudley Man Arrested for Theft and Misuse of COVID-19 Pandemic AssistanceRead the Press Release
BOSTON – A Dudley man was arrested today in connection with his alleged involvement in a scheme to fraudulently obtain and misuse COVID-19-related unemployment assistance.
Norman Higgs, 34, was charged in a criminal complaint with bank fraud, conspiracy to commit wire fraud, theft of government property and money laundering. Higgs made his initial appearance in Boston this afternoon before U.S. District Court Magistrate Judge Judith G. Dein and was released on conditions.
According to the charging documents, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA). PUA, administered by the Massachusetts Department of Unemployment Assistance, provides unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits (e.g., the self-employed, independent contractors, or gig economy workers). As alleged in the complaint, from April to June 2020, Higgs obtained over $300,000 in proceeds from fraudulent PUA claims. When Higgs’s bank recalled a portion of those fraudulently-obtained funds, Higgs allegedly paid those recalls using the proceeds from COVID-19-related government loans.
The charge of bank fraud provides for a sentence of up to 30 years in prison, up to five years of supervised release and a fine of $1 million. The charge of conspiracy to commit wire 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. The charges of theft of government property and money laundering each provide 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.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Nikitas Splagounias, Acting 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. The Massachusetts Department of Unemployment Assistance provided assistance in the investigation. Assistant U.S. Attorney Christopher J. Markham 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.
Dominican National Charged with Illegal ReentryRead the Press Release
BOSTON – A Dominican national was charged on April 29, 2021 in federal court in Boston for illegally reentering the United States.
Yomelvin Abreu Bonilla, 32, was indicted on one count of unlawful reentry of a deported alien.
According to the indictment, in March 2021, agents encountered Bonilla in Bedford, Mass. and determined that he was illegally present in the United States. Bonilla was previously deported in August 2016.
The charge provides for a sentence of up to 10 years in prison, three years of supervised released and a fine of up to $250,000. Bonilla 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 William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Benjamin A. Saltzman of Mendell’s Major Crimes 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.
Connecticut Man Agrees to Plead Guilty to Stolen Firearms Offenses and Making False StatementsRead the Press Release
BOSTON – A Connecticut man was charged and agreed to plead guilty to a variety of charges in connection with stealing 17 firearms from a West Springfield gun shop and making false statements to federal agents.
Christian Castro, 31, of New Britain, Conn., was charged and agreed to plead guilty to one count each of theft of firearm from a Federal Firearms Licensee; being a felon in possession of firearm; interstate transportation of a stolen firearm; receipt, possession, concealment, storage, barter, sale, or disposition of a stolen firearm in interstate commerce; and making false statements to a federal official. A plea hearing has not yet been scheduled by the court.
In September 2020, Castro was charged by criminal complaint with co-defendant Fernando Rivera, who is scheduled to plead guilty tomorrow.
According to the charging documents, Castro was a felon on state probation for two prior convictions in Connecticut for larceny and possessing narcotics with intent to distribute. Shortly after midnight on or about Aug. 29, 2020, Castro and Rivera engaged in a crime spree in Vermont, New Hampshire and Massachusetts that included seven ATM thefts and culminated in the theft of 17 firearms from a federal firearms licensee in West Springfield, Mass.
On Sept. 18, 2020, federal agents arrested Rivera and Castro at their homes in Connecticut. During interviews with investigators Castro admitted that he drove to and from several ATM robberies and the gun store robbery, but falsely stated he never received, kept or even touched any of the stolen guns.
During a search of Rivera’s phone investigators identified several photographs and videos depicting Rivera (and Castro in one instance) with many of the stolen firearms. A forensic extraction of the defendants’ phones allegedly revealed communications indicating that on Sept. 4, 2020, Rivera discovered that he was a suspect in the thefts and then traveled with Castro to New York to sell at least three of the firearms.
The firearms charges each provide for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. The charge of making false statements provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division made the announcement. Special assistance was provided by the Massachusetts State Police; Springfield, Hadley, West Springfield, New Britain (Conn.) and Middletown (Conn.) Police Departments; Connecticut State Police; Connecticut Department of Correction; and Connecticut Judicial Branch Adult Probation. Assistant U.S. Attorney Steven H. Breslow of Mendell’s Springfield Branch Office is prosecuting the case.
Dominican National Sentenced for Fentanyl DistributionRead the Press Release
BOSTON – A Dominican national who previously resided in Bronx, N.Y., was sentenced on April 29, 2021 in federal court in Boston for fentanyl distribution.
Yamel Cuevas Gonzalez, 35, was sentenced by U.S. District Court Judge Indira Talwani to 10 years in prison and five years of supervised release. Upon completion of his sentence, Gonzales will face deportation to the Dominican Republic.
On Jan. 19, 2021, Gonzalez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and three counts of distribution of and possession with intent to distribute 400 grams or more of fentanyl.
Over the course of approximately six months in 2019, Gonzalez made three separate sales of fentanyl to an individual in Massachusetts. Gonzalez drove to Massachusetts from New York and met the individual at a pre-arranged location, where they exchanged drugs for money. On August 5, 2019, Gonzalez and another individual, who is pending trial, allegedly drove from New York to Walpole to meet with a buyer. The sale was surveilled by federal agents, who subsequently arrested Gonzalez and his companion. The money from the sale was found in the vehicle.
Acting United States Attorney Nathaniel R. Mendell and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Valuable assistance was provided by the Walpole and Dedham Police Departments. Assistant U.S. Attorney Nadine Pellegrini of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Fraudster Awaiting Sentencing Charged Again in New Embezzlement SchemeRead the Press Release
BOSTON – A Canton woman convicted of embezzling more than $1.3 million from her employer has agreed to plead guilty to a new fraud scheme.
Nicole Lescarbeau, a/k/a “Nicole Coulibaly”, 53, was charged by information with wire fraud and bank fraud. A plea hearing has not yet been scheduled by the Court.
In December 2019, Lescarbeau pleaded guilty to wire fraud, bank fraud, and aggravated identity theft in connection with a similar embezzlement scheme. While out on pre-trial release in the prior case, Lescarbeau was hired as an administrator at a small, Brookline-based non-profit organization. It is alleged that Lescarbeau did not tell the non-profit about her pending indictment and applied for the position using her married name in an effort to conceal the prior charges. From August 2019 until February 2020, Lescarbeau allegedly used her position to steal funds from the non-profit for her personal use. Specifically, Lescarbeau diverted checks to herself that the non-profit had issued for legitimate business by altering the name of the payee on the checks and then depositing them into her personal bank account. It is also alleged that Lescarbeau opened a PayPal account in the non-profit’s name to make unauthorized wire transfers from the non-profit’s bank account and made transfers directly from the non-profit’s bank account to pay for her personal rent. In total, as a result of this scheme, Lescarbeau allegedly embezzled nearly $57,000 from the non-profit’s bank account.
Pursuant to the plea agreement, the government will recommend a sentence of at least 18 months in prison, five years of supervised release, a fine within the guidelines range, restitution and forfeiture.
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, restitution and forfeiture. The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release, a fine of $1 million, restitution and forfeiture. 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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Assistant United States Attorney Justin D. O’Connell of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Company Owner Pleads Guilty to Falsifying Pension Contribution ReportsRead the Press Release
BOSTON – An owner of a New Hampshire asbestos abatement company pleaded guilty on Friday, April 30, 2021 in federal court in Boston to making false statements to employee pension plans.
Richard Quinn, 58, of Sterling, Mass., pleaded guilty to one count of making false statements to a pension plan covered by the Employee Retirement Security Act (ERISA). U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Aug. 30, 2021.
According to the court documents, Quinn and another individual, Gary McCaffrey, owned and operated Absolute Environmental Inc., an asbestos abatement company. Between November 2014 and May 2017, Quinn and McCaffrey allegedly continued to employ several undocumented individuals after being notified of their status. During this time period, McCaffrey and Quinn are alleged to have knowingly falsified reports to pension plans about the work performed by the undocumented individuals, failing to make required pension contributions of over $337,000. McCaffrey has also agreed to plead guilty. His plea hearing is scheduled for May 25, 2021.
Pursuant to Quinn’s plea agreement, the government will recommend that Quinn serve a sentence of two years of supervised release, six months of home confinement and a fine of $10,000 to $25,000.
The charging statute provides for a sentence of up to five 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.
Acting U.S. Attorney Nathaniel R. Mendell; Michael C. Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of the Inspector General, Office of Investigations Labor Racketeering and Fraud, New York Region; and Carol Hamilton, Boston Regional Director of the Employee Benefits Security Administration made the announcement. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
"John Doe" Charged in Superseding Indictment with Identity Theft and Fraud Related to COVID-19 PandemicRead the Press Release
BOSTON – A Charlestown man whose identity is unknown was charged last week in connection with an alleged scheme to fraudulently claim COVID-19-related unemployment assistance and commit other frauds, all in connection with his use of a stolen identity.
An individual referred to as “John Doe”, was charged in a superseding indictment with three counts of wire fraud, one count of false representation of a Social Security number and one count of aggravated identity theft. The original indictment charged Doe with one count of making a false statement in a passport application.
As alleged in the superseding indictment, Doe applied for and received Massachusetts unemployment benefits totaling over $15,000 using the name and personally identifiable information of a resident of Puerto Rico. Doe allegedly requested that the benefits be paid to a prepaid debit card, which he used for cash withdrawals at ATM machines and for the purchase of goods and services.
The indictment also alleges that Doe used the Social Security number of the Puerto Rican victim on an application for a duplicate driver’s license Doe submitted to the Massachusetts Registry of Motor Vehicles in 2017.
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; Matthew F. O’Brien, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Mikulka Michael, 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 James D. Herbert of Mendell’s Health Care Fraud Unit and Alathea Porter of Mendell’s Narcotics and Money Laundering Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Westborough Man Pleads Guilty to Trafficking in Contraband Smokeless TobaccoRead the Press Release
BOSTON – A Westborough man pleaded guilty on Wednesday, April 28, 2021 in federal court in Worcester to trafficking contraband smokeless tobacco into Massachusetts.
Muhammad Mushtaq Balaparaya, 60, pleaded guilty to two counts of trafficking in contraband smokeless tobacco. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 20, 2021.
According to court documents, between December 2014 and October 2016, and again between July 2017 and April 2018, Balaparaya transported more than 500 units of contraband smokeless tobacco in violation of federal law. Balaparaya imported the contraband smokeless tobacco into Massachusetts from Pennsylvania, where he had obtained it. At no time was Balaparaya licensed to sell or distribute tobacco products in Massachusetts, nor had Balaparaya paid the required excise tax on the smokeless tobacco products that agents seized from him.
The charging statute provides for a sentence of up to five years in prison for each count, up to three years of supervised release, a fine of $250,000 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Mendell’s Worcester Branch Office are prosecuting the case.
Swampscott Financial Advisor Agrees to Plead Guilty in Theft of Former Client’s Retirement AssetsRead the Press Release
BOSTON – A Swampscott financial advisor has agreed to plead guilty to defrauding an elderly victim and her bank by stealing the victim’s retirement assets.
Felix Gorovodsky, 29, agreed to plead guilty to one count of bank fraud. Under the terms of the plea agreement, the parties have agreed to a sentence, subject to the Court’s approval, of 33 months in prison, two years of supervised release and restitution of at least $318,000.
According to the charging document, Gorovodsky served as a financial advisor for the victim. In or about July 2019, the victim terminated that advisor relationship and revoked the power of attorney she had previously granted him. Approximately nine months later, Gorovodsky accessed and liquidated the victim’s bank account, transferring more than $250,000 into his own bank account. Gorovodsky then used the victim’s stolen retirement funds for personal expenses, including paying off more than $100,000 in federal student loans. As part of the scheme, Gorovodsky forged the victim’s signature on a purported “gift letter,” which he sent to the bank in an attempt to legitimize the fraudulent transfer.
The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million. 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. The Department of Education, Office of Inspector General provided valuable assistance with the investigation. Assistant U.S. Attorney Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
North Andover Woman Sentenced for Embezzling Employer’s Outgoing Vendor PaymentsRead the Press Release
BOSTON – A North Andover woman was sentenced Wednesday, April 28, 2021 in federal court in Boston in connection with embezzling over $157,000 in checks issued by her employer to company vendors.
Sharon M. Lewis, 59, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to nine months in prison and three years of supervised release. Lewis was also ordered to forfeit $157,213 and to pay restitution in the same amount. In December 2020, Lewis pleaded guilty to one count of wire fraud affecting a financial institution.
In or about August 2013, Lewis began working for a Lawrence-based company as an accounts payable clerk. Among Lewis’ responsibilities was preparing company checks to pay outstanding vendor invoices. From about September 2017 to December 2019, Lewis used her position to divert dozens of signed vendor checks to herself for deposit into her personal bank account. On multiple occasions, to conceal her scheme, Lewis led vendors to believe that their missing payments had been lost in the mail. Over the course of the scheme, Lewis deposited at least 48 checks payable to company vendors, with a total value of more than $157,000. Lewis withdrew approximately one-third of that amount in cash and used the rest to pay personal debts and living expenses.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney James R. Drabick of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Illinois Man Pleads Guilty to Two Bank RobberiesRead the Press Release
BOSTON – An Illinois man pleaded guilty in federal court in Boston on Wednesday, April 28, 2021 in connection with a Massachusetts bank robbery and an Illinois bank robbery.
Eugene Davis, 54, of Chicago, Ill., pleaded guilty to two counts of bank robbery. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 9, 2021.
In July 2019, Davis was indicted on the Massachusetts bank robbery. In March 2021, Davis was charged in the Northern District of Illinois with an unrelated bank robbery, and the case was recently transferred to this District for plea and sentencing purposes.
According to the charging documents, Davis robbed a branch of the East Boston Savings Bank in South Boston on June 3, 2019. Davis walked into the bank pulling a suitcase and handed a handwritten demand note to the teller. The note said that there was a bomb in the bag, that everyone was going to die and to please put all the money into Davis’s hand. The teller took $6,055 cash out of the teller drawer and gave it to Davis who placed it in his shirt and walked out of the bank. Davis was apprehended later that day and ultimately confessed to committing the bank robbery and to writing the note used in the bank robbery.
On May 22, 2019, Davis robbed a Chase Bank in Chicago, Ill. Davis entered the bank pulling a wheeled suitcase and handed the teller a demand note. The note stated that Davis had a bomb, demanded money and threatened that no dye packs be included or they would all die. The teller provided approximately $3,460 in cash to Davis who then departed the bank with the money.
The charging statute provides for a sentence of up to 20 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 on the United States Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division; Emmerson Buie, Jr., Special Agent in Charge of the Federal Bureau of Investigations, Chicago Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Mendell’s Major Crimes Unit is prosecuting the case.
Honduran National Sentenced for Illegal Re-entryRead the Press Release
BOSTON – A Honduran national was sentenced yesterday in federal court in Worcester for illegally reentering the United States.
Milton Javier Cardona-Guevara, 34, was sentenced by U.S. District Court Judge Timothy S. Hillman to three months in prison. Upon completion of his sentence, Cardona-Guevara will be placed into removal proceedings and deported to Honduras.
In December 2020, Cardona-Guevara pleaded guilty to one count of illegal re-entry into the United States after deportation.
On Aug. 13, 2006, Cardona-Guevara illegally entered the United States and was convicted of improper entry by an alien in August 2006. He was subsequently deported in September 2006. In 2008 and 2011, Cardona-Guevara was apprehended after illegally entering the United States and again deported. On Oct. 2, 2018, Cardona-Guevara was arrested in Worcester County for assault with a dangerous weapon. Cardona-Guevara admitted to immigration authorities that he had been deported three times previously. In January 2019, he was removed from the U.S. On Oct. 13, 2020, Cardona-Guevara was arrested in Worcester on an outstanding warrant for criminal charges and had been custody on state criminal charges until he was charged in this case.
Acting United States Attorney Nathaniel R. Mendell and Todd Lyons, Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston made the announcement. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office prosecuted the case.
Dominican National Pleads Guilty to Fentanyl TraffickingRead the Press Release
BOSTON – A Dominican national pleaded guilty in federal court in Boston yesterday to fentanyl trafficking in connection with the seizure of approximately 20 kilos of heroin and 10 kilos of fentanyl. A firearm and $20,000 were also recovered.
Joel Cortorreal a/k/a Angel Javier Morell-Oneill, 33, a Dominican national previously residing in Methuen, pleaded guilty to one count of possession with intent to distribute 400 grams or more of fentanyl, one count of possession of a firearm in furtherance of a drug trafficking crime, one count of unlawful reentry of a deported alien and one count of being an illegal alien in possession of a firearm and ammunition. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 8, 2021.
According to the charging documents, an investigation into Cortorreal began in June 2018 and culminated with a traffic stop on Pleasant Valley Street in Methuen on Oct. 22, 2018. During the top, officers seized two kilos of fentanyl from the front passenger seat of the vehicle Cortorreal was driving.
Law enforcement executed a search warrant at Cortorreal’s residence in Methuen and seized approximately 20 kilos of heroin, over eight kilos of fentanyl, drug distribution paraphernalia and a loaded firearm.
Cortorreal faces a mandatory minimum of 15 years and up to life in prison, a mandatory minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based on the United States 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; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Valuable assistance was provided by the Somerville, Medford, Boston, Ipswich and Arlington Police Departments. Assistant U.S. Attorney Katherine Ferguson of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
Boston Gang Associate Pleads Guilty to Cocaine TraffickingRead the Press Release
BOSTON – A Boston gang associate pleaded guilty Wednesday, April 28, 2021 in federal court in Boston to a cocaine and firearm possession charges.
Kareem Chaplin, 47, of Canton, pleaded guilty to conspiracy to distribute and possession with intent to distribute cocaine and cocaine base. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Aug. 25, 2021.
In June 2020, Chaplin was charged along with 23 others as part of Operation Snowfall. According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, Mass., formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.
The investigation, which included Chaplin, also targeted large-scale drug suppliers and their associates. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown. Chaplin is the third defendant to plead guilty in the case.
During the investigation, investigators executed a search warrant at a “stash house” associated with Chaplin and recovered over 400 grams of cocaine, six firearms and multiple rounds of ammunition.
The charge of conspiracy to distribute and possession with intent to distribute cocaine and cocaine base provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin O’Donnell and Timothy Moran of Mendell’s Organized Crime and Gang Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Stoughton Man Charged with Illegal Possession of FirearmsRead the Press Release
BOSTON – A Stoughton man was arrested yesterday and charged with illegal possession of firearms.
Michael Robert Moura, 27, was charged by criminal complaint with one count of possession of a firearm by a prohibited person. Following an initial appearance before Magistrate Judge Marianne B. Bowler in federal court in Boston, Moura was detained pending a detention hearing set for May 3, 2021.
As alleged in charging documents, due to an April 2020 conviction in Worcester County punishable by more than one year in prison, Moura is prohibited from possessing firearms and ammunition. Despite this prohibition, Moura endeavored to purchase a firearm over several months in 2020, and again in February 2021. On the morning of April 28, 2021, Moura succeeded. He purchased a Glock handgun, an assault rifle, pistol and rifle magazines, and over 100 rounds of ammunition in a parking lot in Brockton. Moura was arrested by federal agents and the handgun, rifle, ammunition, and magazines were seized.
The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release and a $250,000 fine. 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. The case is being investigated by the FBI’s Joint Terrorism Task Force (JTTF), in cooperation with the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division and the Brockton and Stoughton Police Departments. Assistant U.S. Attorney Benjamin Tolkoff of Mendell’s National Security 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.
SAP Admits to Thousands of Illegal Exports of Its Software Products to Iran and Enters into Non-Prosecution Agreement with DOJRead the Press Release
BOSTON – SAP SE, a global software company headquartered in Waldorf, Germany, has agreed to pay combined penalties of more than $8 million as part of a global resolution with the Departments of Justice, Commerce, and the Treasury.
In voluntary disclosures the Company made to the three agencies, SAP acknowledged violations of the Export Administration Regulations and the Iranian Transactions and Sanctions Regulations. As a result of its voluntary disclosure to DOJ, extensive cooperation, and remediation costing more than $27 million, United States Attorney’s Office for the District of Massachusetts and DOJ’s National Security Division entered into a Non-Prosecution Agreement with SAP. Pursuant to that agreement, SAP will disgorge $5.14 million of ill-gotten gain.
Beginning in approximately January 2010 and continuing through approximately September 2017, SAP, without a license, willfully exported, or caused the export, of its products to Iranian users. SAP’s violations occurred in two principle ways.
First, between 2010 and 2017, SAP and its overseas partners released its U.S-origin software, including upgrades, and/or software patches more than 20,000 times to users located in Iran. SAP senior management was aware that neither the Company nor its U.S.-based Content Delivery Provider used geolocation filters to identify and block Iranian downloads, yet for years the Company did nothing to remedy the issue. The vast majority of the Iranian downloads went to 14 companies, which SAP Partners in Turkey, United Arab Emirates, Germany, and Malaysia knew were Iranian-controlled front companies. The remaining downloads went to several multinational companies with operations in Iran, which downloaded SAP’s software, updates, and/or patches from locations in Iran.
Second, from approximately 2011 to 2017, SAP’s Cloud Business Group companies (CBGs) permitted approximately 2,360 Iranian users to access U.S.-based cloud services from Iran. Beginning in 2011, SAP acquired various CBGs and became aware, through pre-acquisition due diligence as well as post-acquisition export control-specific audits, that these companies lacked adequate export control and sanctions compliance processes. Yet, SAP made the decision to allow these companies to continue to operate as standalone entities after acquiring them and failed to fully integrate them into SAP’s more robust export controls and sanctions compliance program.
While this conduct constituted serious violations of U.S. law involving the release of U.S. origin technology and software through cloud servers and online portals, this Non-Prosecution Agreement recognizes the importance of voluntary self-disclosure and cooperation with the government. DOJ and the District of Massachusetts reached this resolution with SAP based upon its voluntary self-disclosure as well as SAP’s extensive internal investigation and cooperation over a three-year period. During this time, SAP worked with prosecutors and investigators, producing thousands of translated documents, answering inquiries, and making foreign-based employees available for interviews in a mutually agreed upon overseas location. AP also timely remediated and implemented significant changes to its export compliance and sanctions program, spending more than $27 million on such changes, including, among other things detailed in the NPA: (1) implementing GeoIP blocking; (2) deactivating thousands of individuals users of SAP cloud based services based in Iran; (3) transitioning to automated sanctioned party screening of its CBGs; (4) auditing and suspending SAP partners that sold to Iran-affiliated customers; and (5) conducting more robust due diligence at the acquisition stage by requiring new acquisitions to adopt GeoIP blocking and requiring involvement of the Export Control Team before acquisition.
Concurrently with this agreement, SAP is entering into Administrative Agreements with the Department of Commerce, Bureau of Industry and Security (“BIS”) and the Department of the Treasury, Office of Foreign Assets Control (“OFAC”). Among other things, the BIS settlement agreement requires SAP to conduct internal audits of its compliance with U.S. export control laws and regulations, and produce audit reports to BIS for a period of three years.
“Today, SAP has admitted to thousands of export violations spanning six years that violated the U.S. embargo against Iran and endangered the national security of the United States,” said Acting U.S. Attorney Nathaniel Mendell. “This settlement should serve as a strong deterrent message to others that the release of software and sale of product and services on the internet are subject to U.S. export laws and regulations.”
“Today’s first-ever resolution pursuant to the Department’s Export Control and Sanctions Enforcement Policy for Business Organizations sends a strong message that businesses must abide by export control and sanctions laws, but that when they violate those laws, there is a clear benefit to coming to the Department before they get caught,” said Assistant Attorney General John C. Demers for the National Security Division. “SAP will suffer the penalties for its violations of the Iran sanctions, but these would have been far worse had they not disclosed, cooperated, and remediated. We hope that other businesses, software or otherwise, we heed this lesson.”
“This action demonstrates that the Office of Export Enforcement will continue to leverage our unique authorities to enforce our nation’s export control laws and to deter new violations. Violators of the EAR will be held accountable through criminal, civil penalties, or both when appropriate,” said William Higgins, Special Agent in Charge of the Department of Commerce’s Office of Export Enforcement, Boston Field Office. “These laws are designed to protect U.S. Foreign Policy and National Security and will be vigorously investigated.”
“By supplying Iran with millions of dollars’ worth of illegally exported software and services, SAP circumvented U.S. economic sanctions against Iran—pressure that is intended to end Iran’s malign behavior. However, it was SAP that first uncovered and reported this sanctions violation, and we would like to thank them for working hard to enhance their compliance program to prevent future violations,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Let this case be a lesson to others that it’s better to self-report and own up to one’s mistakes than undermine U.S. foreign policy and adversely affect our national security.”
“Among HSI’s priorities is the commitment to ensuring that sensitive U.S. products, to include software, are not illegally exported to embargoed destinations, such as Iran,” said William S. Walker, Acting Special Agent in Charge for Homeland Security Investigations, Boston. “It will continue to be incumbent upon U.S. companies to guarantee that foreign subsidiaries dealing in their products remain in compliance with U.S. sanctions and export control regulations. HSI will continue to coordinate with our law enforcement partners to safeguard sensitive technologies produced in the United States from ending up in the hands of our adversaries.”
Acting U.S. Attorney Mendell, Assistant Attorney General John Demers, SAC William Higgins, SAC Bonavolonta, and Acting SAC William Walker made the announcement today. Assistant U.S. Attorney B. Stephanie Siegmann, Chief of Mendell’s National Security Unit; Elizabeth Cannon, Deputy Chief of Export Controls and Sanctions, National Security Division; and Heather Schmidt, Senior Trial Attorney, National Security Division, oversaw this investigation and negotiated this agreement.
Revere Man Sentenced for Money Laundering and Cocaine ChargesRead the Press Release
BOSTON – A Revere man was sentenced in federal court in Boston yesterday for cocaine possession and attempting to launder money to Colombia.
Jairo Agudelo, 34, was sentenced by U.S. District Court Judge Leo T. Sorokin to 57 months in prison and three years of supervised release. In December 2020, Agudelo pleaded guilty to money laundering conspiracy, substantive money laundering and possession with intent to distribute cocaine.
In February 2019, investigators seized approximately $200,000 in cash from Agudelo when he attempted to launder drug proceeds from Massachusetts to Colombia. When investigators executed a search warrant at a Revere apartment used by Agudelo as a stash house for his cocaine distribution, they located approximately 400 grams of cocaine, as well as drug packaging materials and over $11,000 in cash.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division made the announcement today. Critical assistance was provided by the Boston Police Department; Massachusetts State Police; Revere Police Department; U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations; and the United States Marshals Service. Assistant U.S. Attorneys Lauren A. Graber and Jared C. Dolan of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.
This investigation, dubbed “Operation Týr,” 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.
Member of New Bedford Latin Kings Sentenced for Being a Felon in Possession of a Firearm Following Robbery and Shooting InvestigationsRead the Press Release
BOSTON – A member of the New Bedford Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced yesterday for being a felon in possession of a firearm and ammunition following an investigation into an armed robbery in New Bedford and a shooting in Boston in April 2020.
Ramon Martinez, a/k/a “King Razor,” 26, was sentenced by U.S. District Court Judge Denise J. Casper to 40 months in prison and three years of supervised release. In November 2020, Martinez pleaded guilty to being a felon in possession of a firearm.
On April 30, 2020, an individual in New Bedford was robbed and punched by two men who were in a black Ford Fusion. The men put a knife to the victim’s back and stole his wallet and motorized scooter. Martinez was later identified as one of the robbers.
Also on April 30, 2020, police responded to a report of shots fired in the area of Callender Street in Boston where three .45 caliber casings were recovered. Martinez’s SnapChat account included postings related to this shooting incident.
On May 7, 2020, police witnessed Martinez exit a residence on Crapo Street in New Bedford and walk to the rear of a black Ford Fusion. They observed Martinez open the trunk and quickly close it, and then get into a nearby vehicle. Officers stopped the vehicle, placed Martinez under arrest for the April 30 armed robbery and located a set of keys for the Ford Fusion. In the trunk of the Fusion, police recovered a Glock Model 30S .45 caliber firearm with four rounds of ammunition. Ballistics testing matched the Glock Model 30S to the casings recovered on Callender Street.
Due to prior felony convictions, Martinez is prohibited from possessing firearms.
A plea hearing pertaining to the New Bedford armed robbery charges is scheduled for May 19, 2021 in Bristol County Superior Court. The case is being prosecuted by the Bristol County District Attorney’s Office.
Acting United States Attorney Nathaniel R. Mendell; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; New Bedford Police Chief Joseph C. Cordeiro; and Boston Police Acting Commissioner Gregory Long made the announcement. Valuable assistance was also provided by the Bristol County District Attorney’s Office. Assistant U.S. Attorney Philip A. Mallard of Mendell’s Organized Crime and Gang Unit prosecuted the case.
Boston Man Arrested on Child Exploitation ChargesRead the Press Release
BOSTON – A Boston man was charged yesterday in federal court in Boston with receipt and possession of child pornography.
Robinson Alberto Baez-Nova, 37, of Jamaica Plain, was charged in a criminal complaint with one count of receipt of child pornography and one count of possession of child pornography. Following an initial appearance, Baez-Nova was detained pending a detention hearing schedule for May 5, 2021.
According to the charging documents, on Nov. 5, 2020, police received 13 National Center for Missing and Exploited Children CyberTipline reports associated with a Google account and email addresses linked to Baez-Nova. These reports indicated that the Google account uploaded suspected child pornography to Baez-Nova’s Google Photos between Nov. 14, 2018 and Aug. 27, 2020. A subsequent search of Baez-Nova’s cellphone revealed images and videos of child pornography. Specifically, Baez-Nova allegedly received child pornography on a WhatsApp group message on March 14, 2019.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 20 years in prison. Each charge also provides for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Acting Commissioner Gregory Long made the announcement. Valuable assistance was provided by the Suffolk County District Attorney’s Office; Nashua Police Department; Hillsborough County (N.H.) District Attorney’s Office; and Homeland Security Investigations in Boston. Assistant U.S. Attorney J. Mackenzie Duane of Mendell’s Major Crimes Unit is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Quincy Man Sentenced for COVID-19 Related OffenseRead the Press Release
BOSTON – A Quincy man was sentenced yesterday in federal court in Boston in connection with selling lanyards that falsely claimed to protect against viruses.
Jiule Lin, 38, was sentenced by U.S. District Court Magistrate Judge Jennifer C. Boal to one year of probation and a fine of $1,500. In December 2020, Lin pleaded guilty to one count of distribution and sale of an unregistered pesticide.
Beginning in March 2020, Lin listed for sale on eBay an unregistered pesticide, “Toamit Virus Shut Out,” to buyers across the United States. Based on Lin’s eBay listing, the pesticide took the form of a card-shaped device to be worn as a lanyard around the user’s neck. The eBay listing depicted the removal of germs or viruses through the wearing of the device. Other online listings for the same product included the explicit claim that the product would protect the buyer or wearer of the product from viruses or bacteria, stating that the product’s main ingredient was chlorine dioxide and showed images of the device’s purported removal of bacteria, germs and viruses.
Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the EPA regulates the production, sale, distribution and use of pesticides in the United States. A pesticide is any substance intended for preventing, destroying, repelling, or mitigating any pest, including viruses. Pesticides must be registered with the EPA. Toamit Virus Shut Out was not registered, and it is illegal to distribute or sell unregistered pesticides.
Consumers can help protect themselves by visiting epa.gov/coronavirus for a list of EPA-approved disinfectant products.
Acting United States Attorney Nathaniel R. Mendell; Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency, Criminal Investigation Division in Boston; Joshua McCallister, Acting Special Agent in Charge of the U.S. Postal Inspection Service, Boston Division; Jeffrey Ebersole, Special Agent in Charge of the U.S. Food and Drug Administration, Office of Criminal Investigation, New York Field Office; and Quincy Police Chief Paul Keenan made the announcement. Assistant U.S. Attorney Adam Deitch of Mendell’s Major Crimes Unit prosecuted the case.
Massachusetts Man Pleads Guilty to Operating Nationwide Scheme to Steal Social Media Accounts and CryptocurrencyRead the Press Release
A Massachusetts man pleaded guilty today to conducting a scheme to take over victims’ social media accounts and steal hundreds of thousands of dollars in cryptocurrency.
According to court documents and statements made in connection with the plea proceeding, Eric Meiggs, 23, of Brockton, admitted that he and one or more co-conspirators targeted victims who appeared to have significant amounts of cryptocurrency and those who had high value or “OG” (slang for “original gangster”) social media account names. Using an illegal practice known as “SIM-swapping,” Meiggs and others conspired to hack into and take control of these victims’ online accounts to obtain things of value, including OG social media account names and cryptocurrency.
As alleged in the indictment, SIM-swapping attacks involve convincing a victim’s cellphone carrier to reassign the victim’s phone number from the SIM card (Subscriber Identity Module card) inside the victim’s cellphone to the SIM card inside a cellphone controlled by the cybercriminals. Cybercriminals then pose as the victim with an online account provider and request that the provider send account password-reset links or an authentication code to the SIM-swapped device now controlled by them. The cybercriminals can then reset the victim’s account log-in credentials and use those credentials to access the victim’s account without authorization, or “hack into” the account.
According to the indictment, Meiggs and his coconspirators targeted at least 10 identified victims around the country. Members of the conspiracy stole, or attempted to steal, more than $530,000 in cryptocurrency from these victims. Meiggs also took control of two victims’ “OG” accounts with social media companies.
Meiggs pleaded guilty to each of seven counts in an indictment, charging him with conspiracy, wire fraud, computer fraud and abuse, and aggravated identity theft. He is scheduled to be sentenced on Sept. 15, and faces a mandatory minimum penalty of two years in prison, to be served consecutively to any other sentence. A federal district court judge will determine the sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Nathaniel R. Mendell for the District of Massachusetts; Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office; and Acting Special Agent in Charge Ramsey E. Covington of IRS Criminal Investigation (IRS-CI) made the announcement.
The FBI and IRS-CI are investigating the case.
Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Seth Kosto of the U.S. Attorney’s Office in the District of Massachusetts are prosecuting the case.
Chinese National Pleads Guilty to Illegal Exports to Northwestern Polytechnical UniversityRead the Press Release
BOSTON – A Chinese national pleaded guilty today in federal court in Boston in connection with illegally procuring and causing the illegal export of $100,000 worth of U.S. origin goods to Northwestern Polytechnical University (NWPU), a Chinese military university that is heavily involved in military research and works closely with the People’s Liberation Army (PLA) on the advancement of its military capabilities.
Shuren Qin, 44, a Chinese national residing in Wellesley, who gained admittance into the United States through the EB-5 Immigrant Investor Visa Program in 2014, pleaded guilty to one count of conspiracy to unlawfully export items from the United States to NWPU without first obtaining the required export licenses; one count of visa fraud; two counts of making false statements to law enforcement agents regarding his customers and the types of parts he caused to be exported from the United States to the People’s Republic of China (PRC); four counts of money laundering; and two counts of smuggling hydrophones from the U.S. to the PRC. U.S. District Court Judge Denise Casper scheduled sentencing for Sept. 8, 2021.
“The People’s Republic of China has an insatiable appetite for our country’s most sensitive products and technologies – particularly those with military applications,” said Acting United States Attorney Nathaniel R. Mendell. “By exporting key anti-submarine warfare products to a Chinese military university, Mr. Qin created a threat to our national security and broke the law. That warrants federal prosecution, without a doubt.”
“Qin took advantage of the open marketplace in the United States to purchase sensitive technologies for a Chinese military university. In addition, he lied on his visa application and to U.S. customs officers,” said Assistant Attorney General for National Security John Demers. “When individuals illegally pursue personal profit at the expense of U.S. national security, DOJ will disrupt such conduct and punish those involved.”
Qin established LinkOcean Technologies, LTD., which he used to import goods and technology with underwater and marine applications into the PRC from the United States, Canada and Europe. NWPU has been involved in the development of unmanned aerial vehicles, autonomous underwater vehicles and missile proliferation projects. Since 2001, the U.S. Department of Commerce (DOC) has designated NWPU on its Entity List for national security reasons. Qin communicated with and received taskings from NWPU to obtain items used for anti-submarine warfare. Between approximately July 2015 and December 2016, Qin caused at least 60 hydrophones (devices used to detect and monitor sound underwater) to be exported from the United States to NWPU without obtaining the required export licenses from the DOC. Qin and his company, LinkOcean, did so by concealing from the U.S. manufacturer of the hydrophones that NWPU was the true end-user and by causing false end-user information to be filed with the U.S. government. In addition, on four occasions in connection with the export of hydrophones to NWPU, Qin engaged in money laundering by transferring or causing the transfer of more than $100,000 from Chinese bank accounts to bank accounts located in the United States with the intent to promote and facilitate his unlawful export scheme.
Additionally, in July 2016, Qin engaged in visa fraud in connection with his application to remove conditions on his U.S. Permanent Resident Status (Form I-829) by falsely certifying that he had not committed any crime for which he was not arrested since becoming a conditional permanent resident when, in fact, he had caused the illegal export of hydrophones from the United States to NWPU in December 2015. In addition, Qin made false statements to federal agents on two occasions regarding LinkOcean’s customers and its export activities. Specifically, during a November 2017 interview with Customs and Border Protection (CBP) Officers, Qin falsely stated that he only exported instruments that attach to a buoy. However, Qin had exported and caused the export of remotely-operated side scan sonar systems, unmanned underwater vehicles, unmanned surface vehicles, robotic boats and hydrophones. The items that Qin concealed from CBP during this interview have military applications and several of these items were delivered to military end-users in China. For instance, Qin exported a U.S.-manufactured remotely-operated side scan sonar system to a PLA Troop in November 2015. On or about July 21, 2018, Qin lied to investigators during an interview when he stated that he did not have any customers on the DOC’s Entity List. In fact, Qin had at least two such customers – NWPU and the National University of Defense Technology (NUDT). NUDT is involved in national defense research for the PLA and responsible for modernizing the PRC’s armed forces. Since 2015, it has been designated on DOC’s Entity List.
Prior to entering his guilty plea in this case, Qin moved to suppress evidence seized from his laptop and iPhone during a border search and statements he made to CBP officers during a secondary inspection upon his return to the United States from the PRC at Logan Airport in November 2017. On Nov. 30, 2020, after eight days of evidentiary hearings, Judge Casper issued a decision denying Qin’s motion, finding that “at a minimum, the agents had reasonable suspicion for the search and seizure on November 24, 2017 and, any statements made by Qin were non-custodial statements not in contravention of the Fifth Amendment.” In so doing, Judge Casper found that the “Chinese Navy” was one of Qin’s customers according to LinkOcean’s website and when the border search occurred, agents had testified that they were “concerned that Qin was involved [in] working on behalf of the Chinese Navy to procure items from the United States, export them to China so that they could be used or incorporated in systems the Chinese Navy or research institutes were developing to be used in electronic warfare, anti-submarine warfare.” Judge Casper further found that by the end of the summer of 2017, investigators had learned that Qin was interested in procuring both AUVs and sonobuoys, which raised concerns for the agents as they learned that Ultra Electronics was at that same time developing “an AUV that worked in conjunction with [a] sonobuoy … strictly for military use by the U.S. Navy.” Qin also lied when questioned during the secondary inspection at the border regarding the types of parts he exported, concealing his “interest in procuring side scan sonar systems, AUVs, and sonobuoys.”
The charge of conspiring to violate U.S. export laws provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $1 million. The charges of visa fraud and smuggling both provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge or money laundering provides for a sentence of up to 20 years in prison, five years of supervised release and a fine of $500,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Mendell; NSD AAG Demers; William S. Walker, Acting Special Agent in Charge of the Homeland Security Investigation, Boston Field Office; Patrick Hegarty, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; William Higgins, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Michael West, Special Agent in Charge of the Naval Criminal Investigative Service, Northeast Field Office made the announcement today. Assistant U.S. Attorney B. Stephanie Siegmann, Chief of Mendell’s National Security Unit, and Assistant U.S. Attorney Jason Casey, also of National Security Unit, are prosecuting the case.
Chinese National Pleads Guilty to Illegal Exports to Northwestern Polytechnical UniversityRead the Press Release
WASHINGTON – A Chinese national pleaded guilty today in federal court in Boston in connection with illegally procuring and causing the illegal export of $100,000 worth of U.S. origin goods to Northwestern Polytechnical University (NWPU), a Chinese military university that is heavily involved in military research and works closely with the People’s Liberation Army on the advancement of its military capabilities.
According to court documents, Shuren Qin, 44, a Chinese national residing in Wellesley, Mass., gained admittance into the United States through the EB-5 Immigrant Investor Visa Program in 2014 and established LinkOcean Technologies, LTD., which he used to import goods and technology with underwater and marine applications into the PRC from the United States, Canada and Europe. Today, he pleaded guilty to one count of conspiracy to unlawfully export items from the United States to NWPU without first obtaining the required export licenses; one count of visa fraud; two counts of making false statements to law enforcement agents regarding his customers and the types of parts he caused to be exported from the United States to the People’s Republic of China (PRC); four counts of money laundering; and two counts of smuggling hydrophones from the U.S. to the PRC.
“Qin took advantage of the open marketplace in the United States to purchase sensitive technologies for a Chinese military university,” said Assistant Attorney General John C. Demers for the Justice Department's National Security Division. “In addition, he lied on his visa application and to U.S. customs officers. When individuals illegally pursue personal profit at the expense of U.S. national security, DOJ will disrupt such conduct and punish those involved.”
"The People’s Republic of China has an insatiable appetite for our country’s most sensitive products and technologies – particularly those with military applications,” said Acting U.S. Attorney Nathaniel R. Mendell for the District of Massachusetts. “By exporting key anti-submarine warfare products to a Chinese military university, Mr. Qin created a threat to our national security and broke the law. That warrants federal prosecution, without a doubt.”
NWPU has been involved in the development of unmanned aerial vehicles, autonomous underwater vehicles and missile proliferation projects. Since 2001, the U.S. Department of Commerce (DOC) has designated NWPU on its Entity List for national security reasons. Qin communicated with and received purchase orders from NWPU to obtain items used for anti-submarine warfare. Between approximately July 2015 and December 2016, Qin caused at least 60 hydrophones (devices used to detect and monitor sound underwater) to be exported from the United States to NWPU without obtaining the required export licenses from the DOC. Qin and his company, LinkOcean, did so by concealing from the U.S. manufacturer of the hydrophones that NWPU was the true end-user and by causing false end-user information to be filed with the U.S. government. In addition, on four occasions in connection with the export of hydrophones to NWPU, Qin engaged in money laundering by transferring or causing the transfer of more than $100,000 from Chinese bank accounts to bank accounts located in the United States with the intent to promote and facilitate his unlawful export scheme.
Additionally, in July 2016, Qin engaged in visa fraud in connection with his application to remove conditions on his U.S. Permanent Resident Status (Form I-829) by falsely certifying that he had not committed any crime for which he was not arrested since becoming a conditional permanent resident when, in fact, he had caused the illegal export of hydrophones in 2015. In addition, Qin made false statements to federal agents on two occasions regarding LinkOcean’s customers and its export activities. Specifically, during a November 2017 interview with Customs and Border Protection (CBP) Officers, Qin falsely stated that he only exported instruments that attach to a buoy. However, Qin had exported and caused the export of remotely operated side scan sonar systems, unmanned underwater vehicles, unmanned surface vehicles, robotic boats and hydrophones. The items that Qin concealed from CBP during this interview have military applications and several of these items were delivered to military end-users in China. On or about July 21, 2018, Qin lied to investigators when he stated that he did not have any customers on the DOC’s Entity List when he had at least two such customers – NWPU and the National University of Defense Technology (NUDT). NUDT has been designated on DOC’s Entity List and is involved modernizing the PRC’s armed forces
Prior to entering his guilty plea, Qin moved to suppress evidence seized from his laptop and iPhone during a border search and statements he made to CBP officers during a secondary in November 2017. Judge Casper found that the “Chinese Navy” was one of Qin’s customer’s according to LinkOcean’s website and when the border search occurred, agents testified that they were “concerned that Qin was involved [in] working on behalf of the Chinese Navy to procure items from the United States, export them to China so that they could be used or incorporated in systems the Chinese Navy or research institutes were developing to be used in electronic warfare, anti-submarine warfare.”
By the end of the summer of 2017, investigators had learned that Qin was interested in procuring both AUVs and sonobuoys, which raised concerns for the agents as they learned that Ultra Electronics was at that same time developing “an AUV that worked in conjunction with [a] sonobuoy … strictly for military use by the U.S. Navy.” Qin also lied when questioned during the secondary inspection at the border regarding the types of parts he exported, concealing his “interest in procuring side scan sonar systems, AUVs, and sonobuoys.”
The charge of conspiring to violate U.S. export laws provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $1 million. The charges of visa fraud and smuggling both provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge or money laundering provides for a sentence of up to 20 years in prison, five years of supervised release and a fine of $500,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney B. Stephanie Siegmann, Chief of Mendell’s National Security Unit, and Assistant U.S. Attorney Jason Casey, also of National Security Unit, are prosecuting the case. Valuable assistance was provided by the Justice Department's National Security Division.
Brockton Man Pleads Guilty to Operating Nationwide Scheme to Steal Social Media Accounts and CryptocurrencyRead the Press Release
BOSTON – A Brockton man pleaded guilty today to conducting a scheme to take over victims’ social media accounts and steal hundreds of thousands of dollars in cryptocurrency.
Eric Meiggs, 23, pleaded guilty to one count of conspiracy, four counts of wire fraud, one count of computer fraud and abuse and one count of aggravated identity theft. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for Sept. 15, 2021.
Meiggs and co-conspirators targeted victims who likely had significant amounts of cryptocurrency and those who had high value or “OG” (slang for “Original Gangster”) social media account names. Using an illegal practice known as “SIM-swapping,” Meiggs and others conspired to hack into and take control of these victims’ online accounts to obtain things of value, including OG social media account names and cryptocurrency.
As alleged in the indictment, “SIM swapping” attacks involve convincing a victim’s cell phone carrier to reassign the victim’s cell phone number from the SIM card (or Subscriber Identity Module card) inside the victim’s cell phone to the SIM card inside a cell phone controlled by the cybercriminals. Cybercriminals then pose as the victim with an online account provider and request that the provider send account password-reset links or an authentication code to the SIM-swapped device now controlled by the cybercriminals. The cybercriminals can then reset the victim’s account log-in credentials and use those credentials to access the victim’s account without authorization, or “hack into” the account.
According to the indictment, Meiggs and his co-conspirators targeted at least 10 identified victims around the country. Members of the conspiracy stole (or attempted to steal) more than $530,000 in cryptocurrency from these victims. Meiggs also took control of two victims’ “OG” accounts with social media companies.
The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $$250,000. The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of computer fraud and abuse provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. The charge of aggravated identify theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Acting Assistant Attorney Nicholas L. McQuaid of the Justice Department’s Criminal Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Ramsey E. Covington, Acting Special Agent in Charge of Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney Seth Kosto, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit, and Senior Trial Attorney Mona Sedky of the Justice Department’s Computer Crime and Intellectual Property Section and are prosecuting the case.
Salem Man Pleads Guilty to Conspiracy to Distribute over Four Kilograms of Fentanyl PillsRead the Press Release
BOSTON – A Salem man pleaded guilty today in federal court in Boston in connection with conspiring to distribute large amounts of fentanyl.
Jose Esmerlin Diaz, 36, of Salem, pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 9, 2021. In January 2020, Diaz was arrested and charged with co-defendant Manuel E. Tajeda, who previously pleaded not guilty.
According to charging documents, on Jan. 17, 2020, Diaz delivered an estimated 13,770 fentanyl pills (weighing approximately 1.6 kilograms) disguised as Percocet 30s to a cooperating source at a price of $6 per pill. Is it alleged that shortly thereafter, Tejeda and another man arrived in the vicinity of the drug transaction to deliver additional pills, and were found in possession of an estimated 29,742 fentanyl pills (weighing approximately 3.0 kilograms). Those additional pills were consistent in appearance with the pills delivered by Diaz and packaged in a similar manner.
The charge of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl provides for a minimum of 10 years and up to life in prison, at least five years and up to life of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
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; Peabody Police Chief Thomas M. Griffin; and Andover Police Chief Patrick Keefe made the announcement today. Assistant U.S. Attorney Craig Estes of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Boston Police Officer Pleads Guilty to Overtime FraudRead the Press Release
BOSTON – A former Boston Police Officer pleaded guilty today in federal court in Boston in connection with committing over $20,000 in overtime fraud at the Boston Police Department’s (BPD) evidence warehouse.
Officer James Carnes (retired), 57, of Canton, pleaded guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 10, 2021.
In September 2020, Carnes and eight other Boston Police Officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $200,000 between May 2016 and February 2019.
Carnes admitted that between July 2016 and February 2019, he submitted false and fraudulent overtime slips for overtime hours that he did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4-8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.
For the “purge” shift, Carnes admitted that while he had claimed to have worked from 4-8 p.m., he and, allegedly, the other members of his unit routinely left at 6 p.m., or earlier. For the kiosk shift, Carnes admitted that while he and other members submitted overtime slips claiming to have worked eight-and-one-half hours, he and, allegedly, other members of the unit only worked three to four hours of those shifts.
From 2016 through 2018, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
The charge of embezzlement from an agency receiving federal funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. 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. 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Boston Police Acting Commissioner Gregory Long made the announcement today. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
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.
South Yarmouth Man Pleads Guilty to Fentanyl and Heroin OffensesRead the Press Release
BOSTON – A South Yarmouth man pleaded guilty today in federal court in Boston to fentanyl and heroin offenses.
Dustin Monick, 23, pleaded guilty to one count of possession with intent to distribute 400 grams or more of fentanyl and 100 grams or more of heroin and one count of possession with intent to distribute 400 grams or more of fentanyl. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 8, 2021. Monick was charged by criminal complaint in August 2020.
In December 2019, Monick was stopped by police in Yarmouth for multiple traffic violations. After speaking briefly with police, Monick fled the scene in his vehicle, but was stopped shortly thereafter. Police observed a backpack in Monick’s vehicle during the stop, which was later found along the road and contained over 600 grams of heroin and fentanyl. During his arrest, two keys were found on Monick’s person. One key opened a storage locker used by Monick and the other opened a safe, which contained over two kilos of fentanyl and $100,068 cash.
The charging statute provides for a mandatory minimum sentence of 10 years and up to life in prison, a least four years and up to life of supervised release and a fine of up to $10 million. The government is also seeking forfeiture of the cash found in the storage locker. 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; and Yarmouth Police Chief Frank Frederickson made the announcement. Assistant U.S. Attorney Nadine Pellegrini of Mendell’s Narcotics & Money Laundering Unit is prosecuting the case.
University of Georgia Student Charged with CyberstalkingRead the Press Release
BOSTON – A graduate student at the University of Georgia was arrested today on charges that he extorted a Massachusetts woman for videos, photographs and communications of a sexual nature and cyberstalked her for more than a year and a half.
Gary E. Leach, 23, of Athens, Ga. was charged with one count of cyberstalking and one count of extortion through interstate threats. Leach will appear in federal court in the Middle District of Georgia later today.
According to the charging documents, beginning in October 2019, and continuing to the present, Leach obtained private video calls and photographs of a sexual nature from the victim through false promises of payment and surreptitiously recorded the victim during these calls. Leach allegedly threatened to share the recordings with the victim’s family if she did not continue to send him content of a sexual nature over Instagram, and repeatedly harassed and extorted the victim for additional interactions of a sexually explicit and degrading nature. Leach is alleged to have used anonymous Instagram accounts to contact and harass the victim, including accounts featuring nicknames for the victim and several variations of the username “u.kno_who.”
While communicating with the victim, Leach allegedly indicated to her that he engaged in similar conduct with other Instagram users, telling her in one message, “Sweetheart I have hundreds of vids and thousands of pictures meticulously categorized by name.” Leach allegedly told the victim that some of these women also did not know that they had been recorded.
If you believe 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-gary-leach
The charge of stalking by electronic means provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of extortion by interstate threat of injury to reputation provides for a sentence of up to two years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and 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 Field Division made the announcement today. Assistant U.S. Attorney David M. Holcomb 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.
Methuen Man Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A Methuen man pleaded guilty yesterday in federal court in Boston to fentanyl distribution charges.
Anthony Holloway, 39, pleaded guilty to conspiracy to distribute and possess with intent to distribute fentanyl. U.S. District Court Judge William G. Young scheduled sentencing for April 26, 2022, when Holloway is set to complete the Court-run RISE (Repair, Invest, Succeed, Emerge) Program, which is designed to aid in the rehabilitation of applicable defendants who have pleaded guilty and are under pretrial supervision prior to sentencing. In December 2019, Holloway was arrested and charged with co-defendant Steven Perez, who was sentenced in February 2021 to 70 months in prison.
Over the course of several months, agents investigated Perez and Holloway’s fentanyl distribution operation. Perez and Holloway sold fentanyl to a confidential informant. Upon an execution of a search warrant at Perez’s residence, agents seized 61 grams of fentanyl.
The charge of conspiracy to distribute and to possess with intent to distribute fentanyl carries a maximum penalty of 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Office; and Methuen Acting Police Chief Kristopher McCarthy made the announcement. Assistant U.S. Attorney Philip C. Cheng of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
Fitchburg Man Sentenced for Fentanyl TraffickingRead the Press Release
BOSTON – A Fitchburg man was sentenced yesterday in federal court in Boston for trafficking fentanyl.
Sebastian Batista, 27, was sentenced by U.S. District Court Judge Douglas P. Woodlock to 63 months in prison and four years of supervised release. In November 2020, Batista was convicted of possession with intent to distribute 40 grams or more of fentanyl.
On Feb. 28, 2019, Batista participated in multiple phone calls in which he agreed to sell 200 grams of fentanyl to a cooperating witness in a residential area of Waltham. Later that night, Batista arrived at the meeting location and was arrested. Officers searched Batista’s vehicle and found approximately 200 grams of fentanyl in plastic wrapping underneath the driver’s seat.
Acting United States Attorney Nathaniel R. Mendell 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 Waltham Police Department and the Middlesex County District Attorney’s Office. Assistant U.S. Attorney Stephen W. Hassink of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.
Dominican National Pleads Guilty to Fentanyl Conspiracy and Distribution ChargesRead the Press Release
BOSTON – A Dominican national pleaded guilty in federal court in Boston to conspiracy and distribution charges involving large quantities of fentanyl.
Leisy Baez-Zapata, 22, pleaded guilty on Wednesday, April 21, 2021 to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of 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 Sept. 29, 2021. Baez-Zapata was charged by criminal complaint on July 26, 2019.
According to court documents, beginning in October 2018, federal agents began investigating a Lawrence-based drug trafficking organization that distributed fentanyl in the Lawrence area of Massachusetts. Between October 2018 and July 2019, federal agents used a cooperating witness to make controlled purchases of fentanyl from the drug trafficking organization. On July 25, 2019, Baez-Zapata delivered approximately one kilogram of fentanyl as part of one of those controlled purchases.
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 each provide for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based on 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 Field Division made the announcement. Assistant U.S. Attorney Alathea Porter of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
Newton Man Charged with Defrauding Federal Agency by Inflating Expenses and Submitting Fake BidsRead the Press Release
BOSTON – A Newton man was charged yesterday in connection with defrauding the General Services Administration.
Benedetto Valente, 60, was charged and has agreed to plead guilty to one count of wire fraud. A plea hearing has not yet been scheduled by the court.
According to the charging documents, Valente engaged in a scheme to defraud the U.S. General Services Administration (GSA), as well as the company he worked for, by causing expenses to be billed that neither GSA nor the company actually incurred. Valente allegedly did so by inflating payroll expenses and charging items he used in his personal business and then creating fake documents to make it appear that those items were intended for GSA. Valente also allegedly arranged to award contracts for scaffolding and masonry repair to a family member, including by submitting fake bids so his family member could obtain the contracts, and by diverting a subcontract awarded to another contractor to his family member at an inflated price.
The charging statute 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. 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 Dattoria, Special Agent in Charge of the General Services Administration, Office of Inspector General, Boston Field Investigations Office made the announcement. Assistant U.S. Attorney Sara Miron Bloom 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.
Provincetown Man Pleads Guilty to Child Pornography OffensesRead the Press Release
BOSTON – A Provincetown man pleaded guilty yesterday in federal court in Boston to distribution, receipt and possession of child pornography.
Kerry Adams, 61, pleaded guilty to one count each of distribution, receipt and possession of child pornography. U.S. District Court Judge Patti B. Saris scheduled sentencing for July 22, 2021. In October 2019, Adams was arrested and charged by criminal complaint.
Over the course of several months in 2019, investigators engaged in a covert investigation of individuals using peer-to-peer networks for the trafficking of child pornography. In the course of that investigation, agents downloaded child pornography files on four occasions from the same computer, which was traced to Adams’s residence. On Oct. 17, 2019, investigators seized multiple devices, including laptops, thumb drives and SD cards from Adams’s residence. During the on-scene forensic review of a laptop, investigators located files containing child pornography in folders associated with peer-to-peer software installed on the computer, including the files that the undercover investigator had downloaded directly from Adams’s computer. Subsequent forensic analysis revealed hundreds of child pornography files on Adams’s devices.
The charging statutes provide for sentences of up to 20 years in prison, with a mandatory minimum term of five years on convictions for distribution and receipt of child pornography, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Frederick J. Regan, Special Agent in Charge of U.S. Secret Service in Boston; and Barnstable Police Chief Matthew Sonnabend made the announcement. Valuable assistance was provided by Provincetown Police Department. Assistant U.S. Attorneys Lindsey E. Weinstein, of Mendell’s Criminal Division, and Anne Paruti, Mendell’s Project Safe Childhood Coordinator and Deputy Chief of the Major Crimes Unit, are prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Holyoke Man Indicted on Child Pornography ChargesRead the Press Release
BOSTON – A Holyoke man was charged in connection with receipt and possession of child pornography.
Alfredo Aldeco, 35, was indicted on one count of receipt of child pornography and one count of possession of child pornography. Alcedo made an initial appearance yesterday in federal court in Springfield. He is currently detained in federal custody in connection with another federal case.
According to the indictment, between March and October 2018, Aldeco received child pornography. On Nov. 21, 2018, Aldeco allegedly possessed material that contained one or more images of child pornography involving a prepubescent minor.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 10 years in prison. Each charge also provides for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathanial R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Catherine G. Curley of Mendell’s Springfield Branch Office is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Massachusetts Eye and Ear Agrees to Pay $2.6 Million to Resolve False Claims Act AllegationsRead the Press Release
BOSTON – Massachusetts Eye and Ear Infirmary, Massachusetts Eye and Ear Associates, Inc., and the Foundation of the Massachusetts Eye and Ear Infirmary, Inc. (collectively “Massachusetts Eye and Ear”) have agreed to pay $2.678 million to resolve allegations that they violated the False Claims Act.
Massachusetts Eye and Ear provides inpatient and outpatient services to patients with a range of ailments involving the eye, ear, nose and throat. Over an eight-year period, Massachusetts Eye and Ear improperly billed federal health care programs for certain office visits, defrauding the United States of more than a million dollars.
“When health care providers submit improper claims to Medicare and Medicaid, they do two bad things: they unjustly enrich themselves, and they drain money needed for legitimate patient care,” said Acting United States Attorney Nathaniel R. Mendell. “This settlement punishes bad billing and helps safeguard government health care programs from fraud, waste and abuse.”
“Our federal healthcare system relies on the basic premise that providers abide by the rules and bill properly, and the American taxpayers who fund the Medicare and Medicaid programs deserve nothing less,” said Phillip Coyne, Special Agent in Charge, Office of the Inspector General of the U.S. Department of Health and Human Services. “Today’s announcement demonstrates our continued and unwavering commitment to rooting out false claims that threaten the integrity of our healthcare system.”
“Mass Eye and Ear received more than a million dollars from fraudulently billing federal healthcare programs over the course of eight years, undermining the integrity of our healthcare system, and increasing the financial burden on hard-working taxpayers,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “We would like to thank the patient who had the courage to come forward with allegations of illegal conduct, and we’d like to encourage others to do the same because standing up for what’s right and safeguarding taxpayer dollars is critical, given that every year, the submission of false claims to the government costs taxpayers billions.”
The United States contends that between Jan. 1, 2012 and Feb. 1, 2020, Massachusetts Eye and Ear regularly submitted claims to Medicare and MassHealth—Massachusetts’s Medicaid program—for office visits at which physicians performed certain medical procedures, specifically, nasal endoscopies and laryngoscopies. Medicare and MassHealth do not permit billing for such office visits in addition to billing for the procedures, except under special circumstances that were not present here. As a result of the illegal conduct, Massachusetts Eye and Ear obtained reimbursements to which it was not entitled.
The False Claims Act settlement resolves allegations originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties, known as relators, to bring suit on behalf of the government and to share in any recovery. In connection with today’s announced settlement, the relator will receive 15 percent of the recovery.
Acting U.S. Attorney Mendell, HHS-OIG SAC Coyne and FBI Boston SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Steven Sharobem and Charles Weinograd of Mendell’s Affirmative Civil Enforcement Unit handled the matter.