District of Massachusetts

BOSTON – A Charlestown man pleaded guilty yesterday to trafficking more than two dozen firearms obtained from a straw purchaser in New Hampshire and illegally possessing multiple firearms.

Charles Baker, 45, pleaded guilty to one count of dealing in firearms without a license and two counts of being a felon in possession of a firearm. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 26, 2021. Baker was arrested and charged in August 2020.

From August 2018 to May of 2019, Baker acquired over 36 firearms from a straw purchaser in New Hampshire and then resold the firearms to individuals in Massachusetts, taking pictures and negotiating the prices with numerous potential buyers over text message. Many of these firearms were recovered in Massachusetts from gang members and prohibited persons. Based on photographs that proved Baked possessed certain firearms in Massachusetts, he was convicted of specifically possessing multiple firearms that were later trafficked. Due to a prior conviction, Baker is prohibited from possessing firearms and does not possess a federal license to sell firearms.

The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on 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, New England Field Division made the announcement. Assistant U.S. Attorney Philip A. Mallard of Mendell’s Organized Crime and Gang Unit is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BOSTON – A former leader of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) pleaded guilty yesterday to racketeering and drug charges. In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Rodriguez is the 45th defendant to plead guilty in the case.

Jose Rodriguez, a/k/a “King Stutter,” 34, pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine and cocaine base and to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Sept. 22, 2021.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

Rodriguez served as Inca, or leader, of the New Bedford Chapter of the Latin Kings. Rodriguez admitted to conspiring with other members of the Latin Kings to distribute controlled substances such as cocaine and cocaine base in New Bedford through a series of “trap houses” or multi-unit apartment buildings controlled by the Latin Kings. Following the murder of a Latin Kings member in October 2019, and while serving as Inca of the New Bedford Chapter, Rodriguez was recorded during a Latin Kings meeting instructing members to attack rival gang members without seeking his specific approval for the acts of violence.

The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and 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; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren A. Graber of Mendell’s Criminal Division are prosecuting the case.

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

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

BOSTON – A former Boston Police officer pleaded guilty today in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse.

Diana Lopez, 56, of Milton, 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 Oct. 21, 2021. 

In September 2020, Lopez 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 $250,000 between May 2016 and February 2019. As part of the ongoing investigation, four additional officers have been charged: former officer Joseph Nee, former Captain Richard Evans and former Sergeants George Finch and William Baxter. Nee is scheduled to plead guilty on June 22, 2021. Finch pleaded guilty on June 1, 2021 and Baxter is scheduled to plead guilty on June 25, 2021. 

Lopez submitted false and fraudulent overtime slips for overtime hours that she 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, Lopez claimed to have worked from 4 – 8 p.m., but she routinely left at 6 p.m., and sometimes earlier. For the “kiosk” shift, Lopez and, allegedly, others submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact she and, allegedly, other members of the unit, only worked three-to-four hours of those shifts.

From January 2016 to February 2019, Lopez personally collected approximately $36,028 for overtime hours she did not work. 

From 2015 through 2019, 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; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – An East Longmeadow man was convicted by a federal jury yesterday in connection with placing a lit firebomb at the entrance of a Longmeadow senior health care facility in April 2020.

John Rathbun, 37, was convicted following a week-long trial of one count of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle or other real or personal property and one count of attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 12, 2021.

“The jury has spoken: Mr. Rathbun is guilty of lighting a firebomb right at the entrance to a Jewish assisted living facility – a cruel and senseless crime,” said Acting United States Attorney Nathaniel R. Mendell. “Thanks to the jury’s verdict and the good work of prosecutors and investigators, the man who targeted vulnerable members of our community will not be a threat to public safety anytime soon.”

“Mr. Rathburn’s dangerous and cruel acts harmed not only the elderly residents of this Jewish assisted living facility, but also the entire community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.  “I thank the jury, prosecutors, and investigators for their efforts to ensure the defendant was held accountable for his actions.”

“The danger posed by John Rathbun in this case was very real. By trying to ignite a firebomb outside a Jewish assisted living facility, he put the lives of innocent people at risk,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Through the diligent efforts of our Western Massachusetts Joint Terrorism Task Force, and the jury’s hard work, the community is much safer now.”

On Nov. 23, 2020, a federal jury convicted Rathbun of making false statements to a federal agent, but deadlocked on the arson counts, requiring a re-trial. 

On the morning of April 2, 2020, Rathbun assembled, placed, and lit a homemade incendiary device outside the entrance of Jewish Geriatric Services Lifecare, Inc., an assisted living facility in Longmeadow. The device consisted of a five-gallon Scepter fuel canister filled with gasoline and a Christian religious pamphlet as the wick. Forensic analysis identified Rathbun’s DNA on the canister and pamphlet.

On April 15, 2020, Rathbun falsely stated to a federal agent that he was at home on April 2, he was not familiar with the location on Converse Street where the device was placed, and he had not possessed or even seen the fuel canister.

The charge of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce provides for a mandatory minimum sentence of five years and up to 10 years in prison, three years of supervised release and a fine of $250,000. The false statement charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.    

Acting U.S. Attorney Mendell, DOJ Civil Rights Division AAG Clarke and FBI Boston SAC Bonavolonta made the announcement. The investigation was led by the FBI’s Western Massachusetts Joint Terrorism Task Force with valuable assistance also provided by the Longmeadow and East Longmeadow Police Departments and the Massachusetts State Police. Assistant U.S. Attorneys Neil L. Desroches and Steven H. Breslow of Mendell’s Springfield Branch Office prosecuted the case. The Justice Department’s Civil Rights Division also assisted with the prosecution. 

BOSTON – A Boston man was sentenced today in federal court in Boston on drug distribution charges.

David A. Wood, 32, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to three years in prison and three years of supervised release, during which time he will be subject to geographic restrictions. In November 2020, Wood pleaded guilty to two counts of distribution and possession with intent to distribute fentanyl, one count of distribution and possession with intent to distribute crack cocaine and one count of possession with intent to distribute fentanyl.

Wood distributed fentanyl in Boston on Nov. 26 and Dec. 3, 2019, distributed crack cocaine on Dec. 10, 2019, and possessed fentanyl with the intent to distribute it on Dec. 19, 2019.

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.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

BOSTON – The owner of a Revere construction company was sentenced on Thursday, June 10, 2021 on charges of engaging in an under-the-table payroll fraud scheme that defrauded the government of more than $500,000 and insurance carriers of approximately $93,000. 

Ralph Caruso, 72, of Wenham, was sentenced by U.S. Senior District Court Judge George A. O’Toole to three years of probation with the first year to be served in home confinement. Caruso was also ordered to pay restitution of $546,320 to the IRS and $93,430 to workers’ compensation insurance carriers and forfeiture of $93,000. The government recommended a sentence of one year and one day in prison. 

In January 2021, Caruso pleaded guilty to seven counts of filing false tax returns and five counts of mail fraud. 

For tax years 2008 through 2016, Caruso paid wages to his employees via payroll and under-the-table. The employee wages paid through payroll accounts were reported to the IRS and taxes were properly withheld and paid in returns. However, the under-table wages totaled more than $2.2 million, which Caruso did not collect, account for, or pay to the IRS in required withholding and FICA taxes. The cash payments to employees were funded through off-the-books accounts Caruso created and used solely to pay the under-table wages. By failing to pay the required taxes on $2.2 million in wages, Caruso evaded more than $546,000 in federal taxes.

Caruso was also required by state law to carry workers’ compensation insurance. Workers’ compensation premiums were based on an audit of his payroll records to determine actual wages paid. By providing only the payroll records for the wages paid on the books, Caruso underreported the wages for which he owed insurance premiums by more than $93,000.

Acting United States Attorney Nathaniel R. Mendell; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Anthony DiPaolo, Chief of Investigations of the Insurance Fraud Bureau of Massachusetts made the announcement. Assistant U.S. Attorney Victor A. Wild of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – Two alleged Boston gang members were sentenced this week in federal court in Boston for cocaine conspiracy and firearm charges.

Winston McGhee, 36, of Dorchester, was sentenced yesterday by U.S. District Court Judge Richard G. Stearns to 115 months in prison, six years of supervised release and ordered to pay forfeiture of $24,984.

Eric Davis, 37, of Mattapan, was sentenced on Wednesday, June 9, 2020 by Judge Stearns to 105 months in prison, four years of supervised release and ordered to pay forfeiture of $49,000.

In February 2021, both men pleaded guilty to conspiracy to distribute cocaine and cocaine base and being a felon in possession of a firearm.

In June 2020, Davis and McGhee were charged along with 22 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 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. Davis even traveled to California in April 2020 to try to obtain kilograms of cocaine.

At the conclusion of the investigation, law enforcement executed search warrants at Davis’s residence, a hotel room in Canton where Davis was arrested, McGhee’s residence and  a “stash house” and recovered approximately two kilograms of cocaine, firearms, ammunition and nearly $75,000 in cash.

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 prosecuted the case.

The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

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

BOSTON – A Dominican national pleaded guilty yesterday in federal court in Boston to false statement and Social Security fraud charges.

Juan Baez, 57, who previously resided in Roslindale, pleaded guilty to one count of false representation of a Social Security number and one count of making a false statement relating to health care matters. U.S. District Court Judge William G. Young scheduled sentencing for Oct. 4, 2021.

Baez used the identity of a Puerto Rican citizen to obtain Massachusetts driver’s licenses and identification cards. He also used the identity to apply for and receive MassHealth benefits.  Between Jan. 1, 2008 and Dec. 31, 2019, Baez fraudulently received approximately $18,977 in federally funded MassHealth benefits he was not entitled to by using the victim’s identity.

The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of making a false statement relating to health care matters provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Philip M. Coyne, Special Agent in Charge or the U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit is prosecuting the case.

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

Kevin Guadalupe, a/k/a “King K-Milly,” 19, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (14 days) and three years of supervised release. On March 3, 2021, Guadalupe pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

Guadalupe participated in an unarmed robbery committed in November 2019 by members of the Latin Kings in New Bedford. During the robbery, which was captured on video, the victim was chased down in the middle of a busy street, thrown to the ground and kicked and beaten by six members of the Latin Kings. At the end of the beating, an item believed to be a wallet or cell phone was taken from the victim’s pants pocket.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Guadalupe is the 31st defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

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

BOSTON – The former Secretary of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced today on racketeering charges.

Francisco Lopez, a/k/a “King Cisco,” 43, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to nine years in prison and three years of supervised release. In February 2020, Lopez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

During the course of the investigation, Lopez attended numerous meetings of the Latin Kings State Leadership, and hosted meetings at his residence in Chelsea. During these meetings, crimes of violence and the business of the gang were discussed and decided.

Additionally, Lopez sold over 200 grams of cocaine base to a cooperating witness. During the search of the Lopez’s Chelsea residence in December 2019, 50 grams of fentanyl, 50 grams of heroin and a loaded Glock firearm were recovered.

The Latin Kings are a violent gang comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the criminal organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and is motivated by a desire to further its influence and to protect its turf from rival gangs.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Lopez is the 30th defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices.  Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

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

BOSTON – Fifteen members and associates of a Lowell-based gang, One Family Clique (OFC), have been charged, and 14 were arrested today, for allegedly perpetrating large-scale and long-running drug trafficking and money laundering conspiracies. In the course of the investigation, agents seized or purchased approximately 2.32 kilograms of cocaine, 10.78 kilograms of methamphetamine, 41 grams of fentanyl, 30 grams of MDMA, 513 grams of heroin, $104,396 in cash and three firearms. One defendant remains a fugitive.

As alleged in court documents, in August 2018, law enforcement began investigating OFC in response to a dramatic spike in shootings and gang violence in Lowell. OFC is an alliance between several gangs in and around Lowell with ties to gangs in California and other states. Sarath Yut is the founder and leader of OFC and also a member of the subgroup, Crazy Mob Family gang. In 2018 and 2019, at least 12 incidents of gunfire in the Lowell area are alleged to be attributable to gang-motivated hostilities between OCF and its rivals.

Since at least 2019, Yut, and co-defendants allegedly used the U.S. Postal Service to receive shipments of illegal narcotics, and, in return, to ship cash proceeds to Yut’s sources of supply. It is alleged that Yut maintained stash houses in Lowell, which also served as venues for gang meetings and other events furthering the gang’s illegal activities. In addition, controlled purchases of drugs and a firearm were made from defendants Virak Prum, Peouveasnah Pin and Sambo Buth.

 It is further alleged that, in August 2019, Pin and Buth dealt in counterfeit money, by providing “protection” to a cooperating witness, who purported to purchase $100,000 of counterfeit U.S. currency from an undercover agent. Buth and Pin transferred and delivered the counterfeit currency from Cambridge, Mass. to New Hampshire, where it was received by another undercover agent. In a May 2021 undercover operation, defendants Prum, Pin, Samoeun Kem and Richard Sam, allegedly provided “protection” to a shipment, purportedly of drug money from Europe, from black tar heroin sales. The defendants helped pack a shipment of money into a truck and escorted it from New York to New Hampshire.   

“We allege that leaders and members of the One Family Clique trafficked drugs and firearms, contributing to the kind of violence we all know destroys communities,” said Acting United States Attorney Nathaniel R. Mendell. “The Lowell Police Department is committed to defending its community, so they joined with federal and state law enforcement partners to conduct an investigation that yielded targeted arrests of key people who we allege were promoting drug distribution and violence in Lowell. The residents of Lowell will enjoy a safer summer thanks to the work of investigators and our prosecutors.”

“Operation Street Roulette is another example of how the FBI and our law enforcement partners work together to dismantle large-scale criminal enterprises that endanger our communities. With today’s removal of illegal narcotics, firearms, and these 15 members and associates of One Family Clique from the streets, the citizens of Lowell are immediately safer,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “We believe this crew jeopardized public safety, and steadily poisoned the parts of Lowell they controlled, dealing large quantities of methamphetamine, cocaine, heroin, and fentanyl, while conspiring to launder their profits to hide what they were doing. We will not cede our cities to drug pushers who have absolutely no regard for the harm and violence they bring into our neighborhoods, and the FBI will stop at nothing to investigate, disrupt, and hold accountable those who try to fill the void left by today’s arrests.”

“In August of 2018, when I was appointed as Superintendent, I vowed to stop the violence in our city,” said Lowell Police Superintendent Kelly Richardson. “Knowing that most of the violence stemmed from illegal drug activity, and knowing that many involved had gone underground, I made it a top priority. Without hesitation the FBI, along with our officers, began a deep and protracted investigation that has led to today's arrests. I would like to thank the FBI and our partner investigative agencies for their ingenuity, tenacity and dedication. This investigation highlights the importance of partnerships. It not only strengthened this partnership but also, most importantly, has made this city safer for its residents, students and visitors.”

“Drug trafficking organizations exist for one reason: to make money,” said Ramsey E. Covington, Acting Special Agent in Charge, IRS Criminal Investigation, Boston Field Office.  “By targeting their finances with today’s investigative actions, IRS Criminal Investigation special agents are dismantling these dangerous groups that wreak havoc on our communities.”

“Today’s arrests reflect the ongoing efforts of the U.S. Postal Inspection Service and our law enforcement partners to disrupt Drug Trafficking Organizations in our communities,” said Joshua W. McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “Using the U.S. Mail to facilitate drug trafficking and the associated proceeds, will not be tolerated. We will continue to preserve the integrity of the U.S. Mail while also protecting our employees and the American public.”

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

The charge of conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, MDMA, 500 grams or more of cocaine and 500 grams or more of methamphetamine provides for mandatory minimum sentences of five and 10 years and up to life in prison, at least three years and up to life of supervised release, a fine of up to $10 million and forfeiture of assets traceable to the trafficking offenses. The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $500,000, or twice the amount of the property involved, whichever is greater, and forfeiture of assets traceable to the laundering offenses. The charge of dealing in counterfeit obligations and securities provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $ 250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting U.S. Attorney Mendell, FBI Boston SAC Bonavolonta, Lowell Police Superintendent Richardson, IRS-CI Acting SAC Covington, USPIS Acting Inspector McCallister and DEA Boston SAC Boyle made the announcement. The investigation was led by the FBI’s Merrimack Valley Transnational Organized Crime Task Force and assistance was provided by the DEA-San Jose Task Force and Long Beach and Santa Clara (California) Police Departments. Assistant U.S. Attorneys Timothy Moran, Fred Wyshak, III, and Alexandra W. Amrhein of Mendell’s Criminal Division are prosecuting the case.

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

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.

APPENDIX

The following defendants were indicted by a federal grand jury:

1. Sarath Yut, a/k/a “Black,” 34, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, MDMA, 500 grams or more of cocaine and 500 grams or more of methamphetamine;
2. Virak Prum, a/k/a “Polo,” 34, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, methamphetamine, MDMA and 500 grams or more of cocaine;
3. Peouveasnah Pin, a/k/a “Poe,” 31, of Lowell, was charged with money laundering conspiracy, dealing in counterfeit obligations or securities and conspiracy to distribute and to possess with intent to distribute heroin, cocaine base, fentanyl, methamphetamine, MDMA and 500 grams or more of cocaine;
4. Sambo Buth, a/k/a “Chewy,” 31, of Lowell, was charged with money laundering conspiracy, dealing in counterfeit obligations or securities and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, methamphetamine, MDMA and 40 grams or more of fentanyl;
5. Sambath Lay, a/k/a “G,” 34, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
6. Mark Yin, a/k/a “Markass,” 30 of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
7. Christopher Phann, a/k/a “Kree,” 29, of Medford, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
8. Darasy Chhim, a/k/a “Mystickal,” 35, of Lowell, was charged with conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
9. Sriphan Keomany, a/k/a “C-Pon,” 43, of Lowell, was charged with conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
10. Vongnaroth Proeung, a/k/a “Sunny,” 32 of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
11. Victory Thorn, 34, of Hudson, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
12. Chomroeun Keo, a/k/a “Shrek,” 38, of Lowell, was charged with money laundering conspiracy and conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
13. Gaius Monteyro, a/k/a “G-Made,” 36 of Lowell, was charged with conspiracy to distribute and to possess with intent to distribute heroin, cocaine, cocaine base, fentanyl, methamphetamine and MDMA;
14. Samoeun Kem, a/k/a “Crazy One,” 35, of Lowell, was charged with money laundering conspiracy; and
15. Richard Sam, a/k/a “Lil Stomper,” 30 of Lowell, was charged with money laundering conspiracy.

BOSTON – A Dominican national pleaded guilty yesterday in federal court in Worcester to identity fraud charges and illegal reentry after deportation.

Pedro Wilson Hernandez-Castillo, 49, pleaded guilty to false representation of a Social Security number, aggravated identity theft and unlawful reentry of a deported alien. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Oct. 1, 2021. Hernandez-Castillo was charged in a superseding indictment in February 2021.

On June 15, 2020, Hernandez-Castillo was stopped by a state trooper while driving and asked to provide his identification. The defendant provided the driver’s license and Social Security card of another individual. After determining that the defendant provided false information, the state trooper arrested Hernandez-Castillo.

Hernandez-Castillo illegally re-entered the United States after being deported in August 2018 following a conviction for possession with intent to distribute cocaine and heroin. Hernandez-Castillo was removed from the United States on four previous occasions: December 1998, June 2000, August 2011 and August 2018. 

The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of unlawful reentry after deportation provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory two-year prison sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Todd Lyons, Field Office Director of Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston; and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement. Valuable assistance was also provided by the Massachusetts State Police. Assistant U.S. Attorney Lucy Sun of Mendell’s Worcester Branch Office is prosecuting the case.

BOSTON – A Dominican national was arrested today for passport fraud.

Gustavo Vallejo, 47, a Dominican national living in Boston, was indicted in April 2021 on one count of making false statements in a United States passport application. Vallejo made his initial appearance today before U.S. Magistrate Judge Judith G. Dein.

According to the charging document, in July 2011, Vallejo allegedly submitted an application for a U.S. Passport using the personal identifying information of a United States citizen.

The charge of false statements in application and use of passport provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State’s Diplomatic Secret Service, Boston Field Office made the announcement. Assistant U.S. Attorney Charles Dell’Anno of Mendell’s Major Crimes Unit is prosecuting the case.

BOSTON – A Westford man pleaded guilty yesterday in federal court in Boston to conspiring to commit bank fraud and possessing an unregistered firearm.

Bin Lu, 49, pleaded guilty to one count of conspiracy to commit bank fraud and one count of possession of an unregistered firearm before U.S. District Court Judge George A. O’Toole Jr., who scheduled sentencing for Nov. 10, 2021. Lu was arrested and charged in January 2021 with conspiracy to violate provisions of the National Firearms Act (NFA).

According to the charging documents, Lu and, allegedly, co-conspirator Daniel Whitman sought to build a large indoor shooting range, which would serve both regional and international customers, as well as offer shooting clinics and other services. Lu and his co-conspirator brought in a Chinese investor, who contributed several million dollars to the project. However, in applying for loans from federally insured financial institutions, Lu and, allegedly, his co-conspirators hid the true source of their initial funding from the banks and filed false documents in connection with their loan applications.

Lu also possessed a firearm that had been modified by the addition of a folding stock, resulting in its classification as a short-barreled rifle (SBR) under the NFA. The SBR was not registered to Lu in the National Firearms Registration and Transfer Record as required by the NFA.

On June 3, 2021, Whitman was indicted on charges of bank fraud and violations of the NFA and is awaiting trial.

The charge of conspiracy to commit 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, or twice the gross gain or loss, whichever is greater. The charge of possession of an unregistered firearm provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $10,000. 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; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service in Boston; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. The Westford Police Department provided special assistance in this case. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief 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.

BOSTON – A North Carolina man pleaded guilty yesterday to conspiring to defraud his former employer, a Massachusetts-based uniform supply company, by falsifying invoices.

Keith Smedley, 49, pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 12, 2021.

From approximately 1998 to April 2019, Smedley and others defrauded the uniform supply company by causing it to pay fake invoices for products that were not actually delivered, and by diverting other products that they re-sold for their own benefit. In addition, Smedley and his co-conspirators created a fake supply company, and Smedley caused the uniform-supply company to pay thousands of dollars in invoices to the fake supplier for purported products that he knew would never be delivered. 

Smedley is the second former employee of the uniform-supply company to plead guilty in connection with the conspiracy. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The charge of conspiracy to commit mail fraud and 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, whichever is greater. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case. 

BOSTON – A New Hampshire roofing contractor pleaded guilty yesterday in federal court in Boston in connection with failing to report income from his roofing and siding business to the Internal Revenue Service (IRS). 

Ronald McPhail, 53, of Windham, N.H., pleaded guilty to one count of filing a false tax return. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for Oct. 7, 2021.  

McPhail owed more than $700,000 in income taxes to the IRS after he failed to report more than $7.1 million in revenue and approximately $2.43 million in income from his roofing and siding business on his federal tax returns for tax years 2014 through 2019. To conceal his scheme, McPhail cashed customer checks without first depositing them and withheld information concerning these checks and other business revenues from his tax preparers. 

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 and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit, is prosecuting the case.

BOSTON – A New Bedford man pleaded guilty yesterday in federal court in Boston to illegally possessing a Mustang .380 pistol and ammunition.

Victor Morales, 35, pleaded guilty to one count of possessing a firearm and ammunition while being a convicted felon. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 10, 2021. Morales was indicted by a federal grand jury in November 2020.

On approximately July 20, 2020, Morales possessed a Colt MK IV Mustang .380 loaded pistol and 12 rounds of .380 caliber ammunition in his apartment. Federal law prohibits Morales from possessing a firearm or ammunition due to a prior felony conviction.

The charge of being a convicted felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant U.S. Attorneys Kenneth G. Shine and Evan Gotlob of Mendell’s Major Crimes Unit are prosecuting the case. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

BOSTON – A Middleboro financial advisor was arrested and charged today with defrauding elderly clients and stealing retirement assets.

Paul R. McGonigle, 65, was charged with three counts of wire fraud, one count of mail fraud and one count of aggravated identity theft. McGonigle made his appearance today before U.S. District Court Magistrate Judge Donald L. Cabell.

According to the charging document, McGonigle served as a financial advisor for the victims. Beginning in July 2018, McGonigle allegedly caused unauthorized withdrawals from victims’ annuities and induced victims to give him money to invest on their behalf, which he then used for personal and business expenses. To carry out his scheme, McGonigle allegedly posed as clients on calls with their annuity companies and signed their names on forms requesting withdrawals from their annuities. 

The charges of mail and wire fraud provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense, whichever is greater. The charge of aggravated identity theft provides for a mandatory consecutive sentence of two years in prison, up to one year 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 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 Massachusetts Insurance Fraud Bureau provided valuable assistance with the investigation. Assistant U.S. Attorney Kristen A. Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – A Malden woman was sentenced today for stealing Social Security benefits and embezzling over $27,000 from a bank.  

Materesa Jose, 53, was sentenced by U.S. District Court Judge Leo T. Sorokin to time served (one day in prison) and three years of supervised release. Jose also was ordered to pay $27,605 in restitution. On Feb. 9, 2021, Jose pleaded guilty to one count of theft of public funds and one count of bank embezzlement. 

While an employee of Eastern Bank, Jose, through a series of checks and electronic fund transfers, stole approximately $27,605 from the bank between September 2017 and July 2018.  The majority of the stolen funds consisted of Social Security benefits. The account from which she stole the money belonged to an individual who had died in 2015.

Acting United States Attorney Nathaniel R. Mendell; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit prosecuted the case.

BOSTON – A Lawrence resident was sentenced today for sexually exploiting two children under four years of age.

Jakob Nieves, who also goes by the name Dakota, 21, was sentenced by U.S. District Court Judge Denise J. Casper to 30 years in prison and five years of supervised release. In August 2020, Nieves pleaded guilty to two counts of sexual exploitation of children, one count of distribution of child pornography and one count of possession of child pornography.

As part of an investigation into the use of Kik messenger for the trade of child pornography, an undercover agent communicated with Nieves via Kik. During the course of those communications, Nieves told the agent about the ways that she sexually abused two children known to her, and sent the undercover agent images and videos that Nieves had produced, which depicted Nieves sexually abusing one of those children.

On Aug. 14, 2019, when agents searched Nieves’s home, she admitted to distributing images and videos of child pornography to a user she met in a Kik group geared toward individuals interested in pedophilia. Forensic analysis of Nieves’ cell phone revealed pornographic images and videos of two children known to Nieves, both of whom were under the age of four, as well as thousands of child pornography images depicting at least 175 victims personally unknown to Nieves.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Anne Paruti, Deputy Chief of the Major Crimes Unit and Mendell’s Project Safe Coordinator, prosecuted 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/.

BOSTON – A Lawrence man was sentenced yesterday in federal court in Boston for distributing and possessing fentanyl.

Jose A. Ventura, 39, was sentenced by U.S. District Court Judge William G. Young to time served (approximately two months in prison), five months of home confinement and three years of supervised release. In November 2019, Ventura pleaded guilty to one count of distribution of and possession with intent to distribute fentanyl.

On July 16, 2019 in Lawrence, investigators witnessed Ventura sell approximately 10 grams of fentanyl in a street-level drug transaction. When investigators subsequently approached Ventura, he threw five additional bags of fentanyl on the ground. The total amount of fentanyl attributable to Ventura was nearly 15 grams.

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

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. Valuable assistance was provided by the Drug Enforcement Administration, the Massachusetts State Police, the Lawrence Police Department and the North Andover Police Department. Assistant U.S. Attorney Lindsey Weinstein of Mendell’s Narcotics & Money Laundering Unit prosecuted the case.

BOSTON – A New Jersey man was found guilty by a federal jury in Boston on Friday, June 4, 2021 in connection with attempting to retrieve narcotics from two Stoughton storage units.

Carlos Miguel Concepcion-Guilam, 30, was convicted following a three-day trial of one count of attempted possession with intent to distribute 400 grams or more of fentanyl. U.S. District Court Judge William G. Young scheduled sentencing for Oct. 5, 2021.

On June 19, 2019, staff at a storage facility in Stoughton opened a storage unit to auction its contents and found drug paraphernalia inside. During a search of that unit and a second, related storage unit, nearly two kilograms of fentanyl, nearly a kilogram of cocaine and drug-distribution paraphernalia including cutting agents, blenders and packaging materials were recovered. Agents began surveilling the units to identify the owner of the drugs.

On June 20, 2019, Concepcion-Guilam arrived at the storage facility and opened the door to the unit that previously had contained nearly three kilograms of narcotics. After seeing that the drugs had been seized, he sprinted away from the storage facility and attempted to flee in his vehicle. Concepcion-Guilam deliberately crashed his vehicle into a marked police cruiser before he was arrested.

The charge of attempted possession with intent to distribute 400 grams or more of fentanyl provides for a mandatory minimum sentence of 10 years and up to a lifetime in prison, five years and up to a lifetime of supervised release and a fine of $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Stoughton Police Chief Donna McNamara made the announcement today. Special assistance was provided by the Massachusetts State Police. Assistant U.S. Attorneys Stephen Hassink, Lauren Graber and Benjamin Tolkoff of Mendell’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Guatemalan national was indicted today in federal court in Boston with illegal reentry after deportation.

Franklin Vasquez Ramirez, 39, was charged with one count of unlawful reentry of a deported alien. Ramirez will make an initial appearance in Boston at a later date.

According to the indictment, in December 2020, law enforcement encountered Ramirez in Ashland and determined him to be illegally present in the United States. Ramirez was previously deported in November 2010.

The charge of unlawful reentry of a deported alien provides for a sentence of up to 10 years in prison, three years of supervised released and a fine of up to $250,000. Ramirez 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; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations; and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney 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.

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

Michael Cotto, a/k/a “King Gordo,” 26, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 54 months in prison and three years of supervised release. On Jan. 21, 2021, Cotto pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

Cotto, a former member of the New Bedford Chapter, admitted to his role in the drug distribution activity of the Latin Kings in New Bedford, and a variety of violent acts committed in furtherance of the Latin Kings. This includes a February 2018 beating, known as a “termination,” of an individual who was suspected of cooperating with law enforcement. The victim was found by police bleeding from his injuries and transported to the hospital. 

Cotto also admitted to conspiring in August 2018 to “terminate” a leader of the Fitchburg Chapter who was suspected of cooperating with law enforcement. On intercepted phone calls, Cotto discussed an elaborate ruse to trick this leader into attending a meeting at which he would be ambushed and beaten by other Latin Kings members.

In a December 2018 surveillance video, Cotto was captured participating in a group assault of another individual and observed striking the victim with a baseball bat.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Cotto is the 28th defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices.  Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

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

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

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

Vincent Dzierwinski, a/k/a “King Vice,” was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 30 months in prison and three years of supervised release. On March 4, 2021, Dzierwinski pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

As detailed in court filings, the Latin Kings carry disputes and related gang violence into jails and prisons where Latin Kings members are incarcerated. Dzierwinski participated in three violent incidents in Massachusetts Department of Correction facilities from 2016 through 2019, while he was incarcerated on various state court sentences. These incidents involved participating in beatings and multiple incidents where victims were stabbed by other Latin Kings members. Following Dzierwinski’s release from his state court sentences, he has been held in federal custody.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Dzierwinski is the 29th defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

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

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

BOSTON – A Dominican national previously residing in Methuen was sentenced today in federal court in Boston for aggravated identity theft and fraudulent use of a Social Security number.

Manuel Enrique Arias Aguasvivas, 32, was sentenced by U.S. District Court Judge Rya W. Zobel to two years in prison and one year of supervised release. Arias Aguasvivas will be subject to deportation proceedings upon completion of his sentence. On Feb. 17, 2021, Arias Aguasvivas pleaded guilty to one count of aggravated identity theft and one count of false representation of a Social Security number.

On July 2, 2015, Arias Aguasvivas submitted an application to renew his Massachusetts driver’s license in the Lawrence office of the Massachusetts Registry of Motor Vehicles. In so doing, he used the Social Security number and other identifying information of a U.S. citizen.

The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General made the announcement today. Valuable assistance was provided by the U.S. Marshals Service, District of Massachusetts; Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; U.S. Secret Service; U.S. Postal Inspection Service; U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; the Massachusetts State Police; and the Massachusetts Office of Inspector General. Assistant U.S. Attorney Robert E. Richardson of Mendell’s Major Crimes Unit prosecuted the case.

BOSTON – The U.S. Attorney’s Office has entered into a consent decree with the City of Quincy to resolve violations of the Clean Water Act regarding the City’s stormwater and sanitary sewer systems. Water sampling indicated untreated sanitary sewage discharging from numerous Quincy stormwater outfalls, including outfalls discharging at beach areas.

The settlement requires Quincy to implement extensive remedial measures to minimize the discharge of sewage and other pollutants into Quincy Bay, Dorchester Bay, Neponset River, Hingham Bay, Boston Harbor and other water bodies in and around Quincy. The cost of the remedial measures is expected to be in excess of $100 million. The City will also pay a civil penalty of $115,000.

Under the proposed consent decree, Quincy will implement a comprehensive and integrated program to investigate, repair and rehabilitate its stormwater and sanitary sewer systems. The proposed settlement is also consistent with U.S. Environmental Protection Agency (EPA) directives to strengthen enforcement of violations of cornerstone environmental statutes in communities disproportionately impacted by pollution, with special focus on achieving remedies with tangible benefits for the community.

“This settlement is a reminder that municipalities must comply with the law and environmental standards to prevent and address pollution caused by defects in their stormwater and sewage systems,” said Acting United States Attorney Nathaniel R. Mendell. “This is a matter of environmental protection and public health.”

“This settlement builds on work done over the past three decades to address pollution in Boston Harbor,” said EPA New England Acting Regional Administrator Deborah Szaro. “The work required under the proposed settlement will achieve cleaner and healthier water in Quincy and nearby areas. This will protect people’s health, making it safer to enjoy beaches or other recreation in or on the bays and rivers in the area.”

In March 2019, the U.S. Attorney’s Office filed a civil complaint alleging that the City of Quincy inadequately controlled sewage leaking from its sanitary sewer system, allowing sewage to mix with stormwater and be discharged from the municipal storm sewer system into nearby waterbodies, including at beach locations. The complaint also alleged that Quincy’s sanitary sewer system has overflowed on numerous occasions, resulting in discharges of sewage.

Raw sewage overflows from sanitary sewers and discharges of stormwater mixed with sewage from municipal storm sewer systems introduce a variety of harmful pollutants, including disease causing organisms, and can contribute to illnesses and beach and shellfish bed closings.

The proposed consent decree establishes a schedule for Quincy to investigate the sources of sewage being discharged from its storm drains. Quincy will first complete its investigations of drainage areas discharging to beach areas, including Wollaston Beach and the Adams Shore area. Quincy will prioritize the rest of the investigations according to the sensitivity of receiving waters and evidence of sewage. The proposed consent decree also requires Quincy to remove all identified sources of sewage as expeditiously as possible. In addition, Quincy is required to conduct frequent and enhanced monitoring (in both dry and wet weather) of its stormwater outfalls. Until pollutants are removed from its storm drain discharges, Quincy will be required to post notices to warn beachgoers of contaminated stormwater at such storm drain outfalls. The remedies under the proposed consent decree also include the investigation and repair of Quincy’s sanitary sewer infrastructure, and the integration of that work with its stormwater investigations.

Some portions of Quincy’s sanitary sewer system are over 100 years old. Numerous studies conducted by Quincy have identified significant and widespread defects in the sanitary sewer system, including cracks that allowed sewage to leak. While Quincy has made some repairs to the sanitary sewer system, the proposed consent decree will require future work to be conducted on a fixed schedule and coordinated with its stormwater investigations. The proposed consent decree requires the City to conduct all investigations and complete remedial work by December 2034.

Acting U.S. Attorney Mendell and EPA Acting Regional Administrator Szaro made the announcement today. The matter was handled by Susan Poswistilo of Mendell’s Civil Division and Senior Counsel David Gordon and Donald Frankel of the Justice Department’s Environment and Natural Resources Division.

More information:

How EPA works to protect water by ensuring compliance with environmental laws and regulations: https://www.epa.gov/enforcement/water-enforcement.

Sanitary Sewer Overflows (SSOs): https://www.epa.gov/npdes/sanitary-sewer-overflow-sso-frequent-questions.

BOSTON – An Oregon biotechnology consultant was sentenced today in federal court in Boston in connection with his role in an insider trading scheme involving the acquisition of a Cambridge biotechnology company in 2017.

Mark Joseph Ahn, 58, of Lake Oswego, Ore., was sentenced by U.S. District Court Judge Richard G. Stearns to six months in prison, six months of home detention, two years of supervised release, a fine of $5,500, forfeiture of $49,421 and restitution to be determined at a later date. On March 2, 2021, Ahn pleaded guilty to two counts of securities fraud.

From April to August 2017, Ahn, a long-time senior corporate executive and board director for biotech companies, worked as a consultant for a New York firm, and advised it during its efforts to acquire Dimension Therapeutics, Inc., a biotech firm formerly headquartered in Cambridge, Mass. In the course of his work for the New York firm, Ahn learned about Dimension’s intention to be acquired by another biotech firm, the details and the timing of his employer’s proposals to acquire Dimension and gained access to confidential information about Dimension’s business. Ahn thereafter bought Dimension stock while in possession of that nonpublic information. When Dimension announced that it would be acquired in August 2017, its stock increased 262% in one day.

The SEC previously filed a separate civil action against Ahn in federal court in Boston.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division made the announcement today. The U.S. Attorney’s Office received valuable assistance from the Securities & Exchange Commission. Assistant U.S. Attorney Kriss Basil of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – A member of the MS-13 gang pleaded guilty today in federal court in Boston to RICO conspiracy and admitted to his participation in the murders of two teenagers in Massachusetts, one in 2016 in East Boston and the other in 2018 in Lynn.   

Henri Salvador Gutierrez a/k/a “Perverso,” 22, a Salvadorian national, pleaded guilty to racketeering, also known as RICO conspiracy. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Oct. 8, 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 smaller groups, known as “cliques,” that operate under the larger mantle of MS-13. Gutierrez 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, often including murder. The evidence in this case showed that Gutierrez was a “homeboy” or full member of the MS-13 gang.

In November 2018, Gutierrez and six other MS-13 members were indicted following an investigation into the body of a teenage boy 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. Gutierrez admitted that on or about July 30, 2018, he participated in the murder while a member of the MS-13 gang. Evidence presented in court showed that Gutierrez personally stabbed the victim numerous times and showed that Gutierrez and his co-conspirators committed the murder because they believed that the victim was disloyal to the gang and may have been cooperating with law enforcement. Gutierrez is the 5th defendant in this case to plead guilty and accept responsibility for his participation in the July 2018 murder. 

Gutierrez also admitted that on or about Dec. 24, 2016, while a member of the MS-13 gang, he participated in a separate murder in East Boston of a teenage boy. Among other things, the evidence summarized in court showed that Gutierrez personally stabbed the victim numerous times and that Gutierrez committed the murder because he believed that the victim may have belonged to a rival gang.

The charge of RICO conspiracy involving murder, provides for a sentence of up to life in prison, up to three years of supervised release and a fine of up to $250,000. Gutierrez 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 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 Rachael Rollins; Acting Boston Police Commissioner Gregory Long; and Lynn Police Chief Michael Mageary made the announcement.

The remaining defendant in this case is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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

An individual referred to as “John Doe” pleaded guilty to false representation of a Social Security number, making a false statement concerning a health care benefit program and aggravated identity theft. U.S. District Court Judge William G. Young scheduled sentencing for Sept. 30, 2021. Doe was indicted by a federal grand jury in June 2020.

Beginning in approximately 2014, Doe used the identity of a U.S. citizen to apply for MassHealth benefits and Massachusetts identification documents, among other things. Between approximately 2014 and 2018, Doe received approximately $25,081 in MassHealth benefits that he was not entitled to.

The charges of false representation of a Social Security number and making a false statement concerning a health care benefit program each provide 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 a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Mackenzie Duane and Benjamin Saltzman of Mendell’s Major Crimes Unit are prosecuting the case.

BOSTON – A former Boston Police Sergeant and a former officer have agreed to plead guilty in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse. 

Gerard O’Brien, 62, of Braintree, and Diana Lopez, 56, of Milton, have agreed to plead 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. O’Brien is scheduled to plead guilty on June 17, 2021. A plea hearing for Lopez has not yet been scheduled.

In September 2020, O’Brien, Lopez and seven other Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, four additional officers have been charged: former officer Joseph Nee, former Captain Richard Evans and former Sergeants George Finch and William Baxter. Nee has agreed to plead guilty but a date has not yet been set. Finch pleaded guilty on June 1, 2021 and Baxter is scheduled to plead guilty on June 25, 2021. 

It is alleged that, O’Brien and Lopez submitted false and fraudulent overtime slips for overtime hours that they 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, O’Brien and Lopez claimed to have worked from 4 – 8 p.m., but they routinely left at 6 p.m., and sometimes earlier. Additionally, O’Brien knowingly endorsed the fraudulent overtime slips of his subordinates who, allegedly, also left early from this shift. For the “kiosk” shift, O’Brien, Lopez and, allegedly, others submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact they and, allegedly, other members of the unit, only worked three-to-four hours of those shifts.

From December 2016 through February 2019, O’Brien personally collected approximately $25,930 for overtime hours he did not work. From January 2016 to February 2019, Lopez personally collected approximately $36,018 for overtime hours she did not work. 

From 2015 through 2019, 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; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A former Boston Police officer has been charged and has agreed to plead guilty in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse. 

Joseph Nee, 48, of Randolph, agreed to plead 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. A plea hearing has not yet been scheduled.

Nee admitted that from at least January 2015 through August 2017, 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, Nee claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., or earlier. For the “kiosk” shift, Nee submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact he and, allegedly, other members of the unit only worked three-to-four hours of those shifts. As a result, between January 2015 and August 2017, Nee personally collected approximately $12,636 for overtime hours he did not work.

In September 2020, nine Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, three other officers were charged: former Captain Richard Evans and former Sergeants George Finch and William Baxter. Baxter is scheduled to plead guilty on June 25, 2021 and Finch pleaded guilty on June 1, 2021. 

From 2015 through 2019, 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; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Chicago man was arrested yesterday and charged with sexual exploitation of children and receipt of child pornography.  

Ernesto Herrera, 32, of Chicago, Ill., was charged by criminal complaint with one count of sexual exploitation of children and one count of receipt of child pornography. Following an initial appearance in federal court in the Northern District of Illinois yesterday, Herrera was detained pending a detention hearing scheduled for Monday, June 7, 2021. He will appear in Boston at a later date.

According to the charging documents, in June 2020, Herrera allegedly threatened and manipulated a Massachusetts minor via Snapchat and text message to make and send videos and images of the victim engaged in sexual conduct, among other things. The investigation determined that the phone number and Snapchat account used to contact the victim belonged to Herrera. A subsequent search of Herrera’s phone revealed that the victim sent over one thousand media files to Herrera’s Snapchat account. Several of those media files allegedly depicted child pornography

The charge of sexual exploitation of children provides a mandatory minimum sentence of 15 years and up to 30 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district 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; Emmerson Buie, Jr., Special Agent in Charge of the Federal Bureau of Investigation, Chicago Division; and John R. Lausch, Jr., United States Attorney for the Northern District of Illinois made the announcement today. 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.

BOSTON – A Tyngsborough police officer was indicted yesterday by a federal grand jury on bank fraud and violations of the National Firearms Act (NFA).

Daniel Whitman, 36, of Salisbury, was indicted on one count of bank fraud conspiracy, two counts of bank fraud, two counts of making false statements to a bank, one count of possession of an unregistered firearm, one count of making a firearm in violation of the NFA and one count of transferring a firearm in violation of the NFA. Whitman was previously charged and arrested in January 2021 with conspiracy to violate provisions of the NFA.

According to the charging documents, Whitman is a police officer with the Tyngsborough Police Department and was the owner and principal manager of Hitman Firearms, LLC, a retail gun shop in Tyngsborough. It is alleged that Whitman and co-conspirator Bin Lu sought to build a large indoor shooting range, which would serve regional and international customers, and offer shooting clinics and other services. Whitman and Lu brought in a Chinese investor, who contributed several million dollars to the project. However, in applying for loans from federally insured financial institutions, Whitman allegedly hid the true source of their initial funding from the banks and filed false documents in connection with their loan applications.

It is also alleged that Whitman knowingly made, possessed and transferred firearms that had been modified by the addition of stocks and short barrels, resulting in their classification as short-barreled rifles (SBR) under the NFA. These SBRs were not properly registered in the National Firearms Registration and Transfer Record as required by the NFA, nor did Whitman pay the applicable taxes or fulfill other requirements under the NFA.

In May 2021, Lu agreed to plead guilty to one count of conspiracy to commit bank fraud and one count of possession of an unregistered firearm. A plea hearing is scheduled for June 8, 2021.

The bank fraud charges provide for a sentence of up to 30 years in prison, up to five years of supervised release and a fine of $1 million, or twice the gross gain or loss, whichever is greater. The NFA charges provide for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $10,000. 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; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service in Boston; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. The Westford Police Department provided special assistance in this case. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief of Mendell’s Public Corruption & Special Prosecutions Unit, is prosecuting the case.

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

BOSTON – A Florida man pleaded guilty today in connection with a scheme to defraud his former employer, a Massachusetts-based uniform-supply company, by falsifying invoices.

Richard Ritz, 58, pleaded guilty to one count of conspiracy to commit mail and wire fraud. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 9, 2021. Ritz was charged on May 4, 2021.

Between approximately 2000 and March 2019, Ritz and others defrauded the uniform-supply company by causing the company to pay fake invoices for products that were not actually delivered and diverting other products that they re-sold for their own benefit. In addition, Ritz’s co-conspirators created a fake supply company and Ritz caused the uniform-supply company to pay more than $800,000 in invoices to the fake supplier for purported products.

The charge of conspiracy to commit mail and 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, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Ian Stearns of Mendell’s Securities Financial & Cyber Fraud 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.

BOSTON – A Chelsea man was arraigned today on an indictment for federal firearms offenses.

Miguel Reyes, 31, was indicted by a federal grand jury on two counts of being a felon in possession of a firearm and ammunition.

According to the charging documents, on Aug. 18, 2020, Reyes was in possession of a Beretta, Model U22, .22 LR caliber pistol and ammunition. On Aug. 26, 2020, Reyes was allegedly in possession of a Glock, model 48, 9 mm pistol, and ammunition. Due to a prior felony conviction, Reyes is prohibited from possessing firearms and ammunition.

The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. Valuable assistance was provided by the Chelsea Police Department. Assistant U.S. Attorney Benjamin A. Saltzman of Mendell’s Major Crimes Unit is prosecuting the case.

This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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

BOSTON – A Worcester-based investment advisor was charged yesterday in federal court in Boston with defrauding his clients by stealing their funds and using them for various purposes, including to pay purported returns to other defrauded investors. 

James Couture, 42, of Sutton, was charged with three counts of wire fraud and one count of aggravated identity theft. Couture will make an initial appearance in federal court at a later date.

As alleged in charging documents, from approximately 2009 to 2020, Couture misappropriated approximately $2.8 million from his clients by transferring funds out of his clients’ accounts for investment in fictitious funds and using the money for other purposes, including to purchase a client list from another investment advisor. Couture also allegedly used client money to pay fake investment returns to other clients he had defrauded. For example, in or about June 2016, Couture allegedly liquidated one client’s variable annuities to fund withdrawals by another client. It is also alleged that in December 2019 and January 2020, Couture sold one client’s mutual funds and raided a 401(k) plan he managed to fund withdrawals by another client, whose assets Couture purported were held in a mutual fund account, when in fact neither the funds nor the account actually existed.

The charges of wire fraud each 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, whichever is greater. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any sentence imposed. 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; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The U.S. Securities & Exchange Commission provided valuable assistance with the investigation. Assistant U.S. Attorneys Kriss Basil and Sara Miron Bloom of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.

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

BOSTON – A Dominican national was charged last week in connection with trafficking fentanyl.

Ana Checo, 39, was charged on May 27, 2021 by criminal complaint with possession with intent to distribute 400 grams or more of fentanyl. Following an initial appearance in federal court in Boston, Checo was detained pending a detention hearing scheduled for June 3, 2021.

According to the charging documents, in 2019, Checo delivered $58,510 in suspected drug proceeds to an undercover officer. In July 2019, a search warrant at Checo’s residence resulted in the recovery of eight kilograms of fentanyl, one of which also contained valeryl fentanyl, a fentanyl analogue. Four kilograms of tramadol, one kilogram of “2C-B”, a schedule I controlled substance, and $18,325 were also seized. In addition, Checo allegedly possessed approximately 55 kilograms of suspected fentanyl and several thousand dollars at the time of her arrest.

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

Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Assistant U.S. Attorneys Katherine Ferguson and Lauren Graber 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 innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A former Boston Police Sergeant pleaded guilty today in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse. 

George Finch, 59, of Franklin, 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 Leo T. Sorokin scheduled sentencing for Sept. 16, 2021. Finch was charged on May 13, 2021.

As stated during the plea hearing, members of BPD’s Evidence Control Unit (ECU), were responsible for, among other things, storing, cataloging and retrieving evidence at the warehouse. ECU officers were eligible to earn overtime pay of 1.5 times their regular hourly pay rate for overtime assignments. Finch 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, Finch 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. Additionally, Finch knowingly endorsed the fraudulent overtime slips of his subordinates who, allegedly, also left early from this shift. For the “kiosk” shift, Finch and others submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact he and, allegedly, other members of the unit only worked three to four hours of those shifts.

Between March 2015 and September 2016, Finch submitted false and fraudulent slips for overtime hours that he did not work at the evidence warehouse. As a result, Finch personally collected approximately $11,310 for overtime hours he did not work.

In September 2020, nine Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, three additional officers were charged: former Sergeant Finch, former Captain Richard Evans and former Sergeant William Baxter, who has agreed to plead guilty.

From 2015 through 2019, 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; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Boston Police officer pleaded guilty today in federal court in Boston in connection with committing over $16,000 in overtime fraud while assigned to the Boston Police Department’s evidence warehouse.

Michael Murphy, 61, of Hyde Park, 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 Oct. 7, 2021.

In September 2020, Murphy 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 $250,000 between May 2016 and February 2019. As part of the ongoing investigation, three additional officers were charged: former Captain Richard Evans and former Sergeants George Finch and William Baxter. Baxter has agreed to plead guilty and Finch pleaded guilty today. 

Between September 2016 and February 2019, Murphy 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, Murphy claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., or before. For the kiosk shift, Murphy submitted overtime slips claiming to have worked eight-and-one-half hours, but he only worked three-to-four hours of those shifts.

From 2016 through 2019, 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; and Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office made the announcement today. Assistance was provided by the Boston Police Department. 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 defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – Two Malaysian nationals were sentenced today in federal court in Boston for conspiring to illegally export firearm parts from the United States to Hong Kong.

Lionel Chan, 36, of Brighton, Mass., was sentenced by U.S. Senior District Court Judge Mark L. Wolf to eight months in prison, three years of supervised release and a fine of $10,000. Muhammad Mohd Radzi, 27, of Brooklyn, N.Y., was sentenced by Judge Wolf to five years of probation, with the condition that he leave the United States on or before June 15, 2021 and not return for five years or without a valid visa, and a fine of $10,000. Chan and Radzi each pleaded guilty on Jan. 22, 2021 to conspiring to violate the Arms Export Control Act.

Beginning in or around March 2018, Chan began purchasing a variety of U.S.-origin firearm parts online, including parts used to assemble AR-15 assault rifles and 9MM semi-automatic handguns, for a buyer located in Hong Kong. Many of the firearm parts that Chan purchased and exported to Hong Kong are restricted items that cannot be exported from the United States without a license or approval from the U.S. government. Nonetheless, Chan shipped the firearm parts via Federal Express to the buyer in Hong Kong without first obtaining the necessary export licenses. Chan intentionally concealed the contents of the shipments by providing Federal Express with false information about the shipments, and by concealing the parts inside of each package. Between March and May 2018, Chan shipped at least 12 packages containing firearm parts from Brighton to the buyer in Hong Kong.

In or around April 2018, Radzi joined the conspiracy and also began illegally exporting firearm parts from the United States to Hong Kong. Between May and October 2018, Radzi shipped 21 packages from Brooklyn, N.Y., to the buyer in Hong Kong. In October 2018, two of those packages were intercepted by Hong Kong authorities and found to contain numerous firearms parts, including a firing pin, a gun sight and numerous pistol grips, which were export controlled. Like Chan, Radzi failed to obtain an export license for any of these shipments.

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigation in Boston; and William Higgins, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office made the announcement today. The Massachusetts State Police and U.S. Customs and Border Protection also assisted with the investigation. Assistant U.S. Attorney Jason A. Casey of Mendell’s National Security Unit prosecuted the case.

BOSTON – A Texas woman was indicted by a federal grand jury yesterday in connection with her alleged involvement in a scheme to fraudulently claim COVID-19-related unemployment assistance.

Donna Wasson, 36, of San Antonio, Texas, was indicted on three counts of wire fraud and one count of aggravated identity theft. Wasson was charged in a criminal complaint on April 16, 2021.

According to 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).

It is alleged that Wasson applied for Massachusetts unemployment benefits despite residing in Texas and receiving unemployment benefits via the Texas Workplace Commission. In addition, Wasson allegedly carried out instructions concerning other fraudulent unemployment claims from a former Massachusetts Department of Unemployment Assistance (DUA) employee, and accessed unemployment claims under multiple stolen identities to fraudulently obtain benefits to which she was not entitled.

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 aggravated identity theft 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. 

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

Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Nikitas Splagounias, Acting Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations made the announcement today. Special assistance was provided by the Massachusetts Department of Unemployment Assistance, Program Integrity Unit. Assistant U.S. Attorneys Bill Abely and Dustin Chao of Mendell’s Criminal Division are prosecuting the case.

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

BOSTON – The former bookkeeper of a New Bedford-based seafood company was sentenced yesterday in connection with embezzling nearly $600,000 from her employer. 

Kara Howland, 37, of New Bedford, was sentenced by U.S. District Court Judge Denise J. Casper to 18 months in prison, two years of supervised release and was ordered to pay restitution in the amount of $779,104. On Feb. 3, 2021, Howland pleaded guilty to bank fraud and filing a false tax return.

Between January 2016 and December 2019, Howland embezzled $598,241 from her employer by writing checks from her employer’s bank accounts to pay her credit card bills. Howland altered the company’s internal accounting records to make it appear that the checks were paid to legitimate vendors. Additionally, Howland did not report or include the funds that she embezzled on her federal income tax filings, resulting in a tax loss of $180,863. 

Acting United States Attorney Nathaniel R. Mendell; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Craig A. Marech, Resident Agent in Charge of the Providence Office of the U.S. Secret Service made the announcement today. The New Bedford Police Department also provided assistance. Assistant U.S. Attorney Kristen A. Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – An Auburn man pleaded guilty yesterday in federal court in Worcester to filing a false personal tax return.

Stephen Hubley, 64, pleaded guilty to one count of filing a false and fraudulent tax return. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Sept. 17, 2021.

Hubley admitted he failed to report several hundreds of thousands of dollars in income on his 2019 personal tax return.

The charge of filing a false and fraudulent tax return provides for a sentence of up to three years in prison, one year of supervised release, restitution equal to the tax loss as determined the Court 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 Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office is prosecuting the case.

BOSTON – A woman who conspired with a member of the Fitchburg Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced yesterday for drug distribution charges.

Sophia Velasquez, 28, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to time served (five days) in prison and three years of supervised release, with three months to be served in home confinement. On Feb. 4, 2021, Velasquez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute fentanyl.

Velasquez conspired with Dairon Rivera, a/k/a “King Mafia,” to sell 17 grams of fentanyl to a cooperating witness in an audio/video recorded sale that took place in December 2017. 

Rivera pleaded guilty and was sentenced to two years in prison and three years of supervised release on April 1, 2021.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Velasquez is the 27th defendant to be sentenced in the case.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted the case.

The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.

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

BOSTON – A Rhode Island woman was charged today with sending phishing emails to candidates for political office and others.

Diana Lebeau, 21, of Cranston, R.I., was charged in an Information with attempted unauthorized access to a protected computer. Lebeau will make an initial appearance in federal court in Boston on a later date.

According to the charging document, in or about January 2020, Lebeau sent phishing emails to approximately 22 members of the campaign staff of a candidate for political office. The emails, which purported to be from either the campaign’s managers or one of the campaign’s co-chairs, directed the recipients to put their account credentials into an attached spreadsheet, or to click a link that connected them to a Google Form that solicited the same credentials. Lebeau also allegedly sent several phishing emails to the candidate’s spouse and to others at the spouse’s workplace. The emails, which purported to be either from Microsoft’s “Security Team” or from an employee of the workplace’s technology helpdesk, requested that recipients provide account credentials or other information about their computers by adding it to attached spreadsheets or on a website that mimicked the appearance of the employer’s legitimate website.

In or about March 2020, Lebeau allegedly drafted and sent phishing emails targeting another candidate for political office. The emails, which purported to be from the candidate’s cable and internet provider, contained a false “login link” that the recipient could use to address an issue with his or her account by providing account credentials. Lebeau also impersonated this candidate in online chats with the cable and internet provider, in an attempt to reset and obtain the candidate’s account password.

According to the charging document, Lebeau did not act with financial or political motive or to benefit any foreign government, instrumentality, or agent.

The charge of access without authorization to a protected computer provides for a sentence of up to one year in prison, one year of supervised release, a fine of up to $100,000 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 R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit, is prosecuting the case. 

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

BOSTON – Nine men were charged in connection with a wide-ranging drug trafficking conspiracy that that involved dozens of parcels suspected of containing kilograms of cocaine sent from Puerto Rico to various addresses throughout Eastern Massachusetts and Rhode Island. Investigators intercepted eight parcels and seized more than 16 kilograms of cocaine from the mail.

“We allege that the defendants received parcels sent via U.S. Mail from Puerto Rico and containing kilograms of cocaine -- which we allege they then sold here in our communities. That’s illegal and dangerous, of course, and it is an affront to the hard-working public servants in the U.S. Postal Service,” said Acting United States Attorney Nathaniel R. Mendell. “The trafficking conspiracy was detected and dismantled thanks to effective investigative work by the people who protect our mail system and by local and state law enforcement. Those investigators remain on the lookout, and the public should know that people who misuse and abuse public services for criminal schemes can expect to face justice.” 

“Today’s arrests are an example of our commitment and dedication to protect those we serve and to keep our communities safe from illegal drugs and those who seek to harm the public through their continued efforts to break the law,” said Joshua W. McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “These defendants allegedly used the mail to transport narcotics from Puerto Rico to Massachusetts and Rhode Island, introducing narcotics into the communities in which we all serve. This conduct will never be tolerated. Winning the battle against illicit drugs is a top priority for the Postal Service and the Inspection Service. Our objectives are to rid the mail of illicit drug trafficking and the associated violence, preserve the integrity of the mail, and, most importantly, provide a safe environment for postal employees and Postal Service customers — the American public.”

As alleged in the charging documents, since February 2020, law enforcement has been investigating a drug trafficking organization operated by Patrick Joseph. Based on a wiretap investigation, it is alleged that Joseph coordinated the transportation of 10-20 kilograms of cocaine at a time from the Dominican Republic to Puerto Rico, and eventually to Massachusetts and Rhode Island via the U.S. Mail. During this investigation, the cocaine seized by investigators was found concealed in two-kilogram quantities inside air fryers and locking cash boxes before being sent through the mail.

Today, investigators seized various firearms, 21 kilograms of cocaine and over $100,000 cash.

The following defendants were arrested and charged by criminal complaint with one count of conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base:

• Patrick Joseph, 39, of Stoughton, Mass.;
• Donald Cue, 36, of Randolph, Mass.;
• Night Menard, 36, of Randolph, Mass.;
• Christian Junior Alvarado-Deleon, 20, of Randolph, Mass.;
• Oscar Nieves-Sosa, 20, a Dominican national residing in Hyde Park, Mass.;
• Stiven Berrio Osorio, 21, a Colombian national residing in Chelsea, Mass.;
• Robert Monteiro, 37, of Brockton, Mass.;
• Patrick Snow, 43, of Harwich, Mass.; and
• Felix Baez-Munoz, 31, of Methuen, Mass., who remains a fugitive at this time.

“The multiple kilos of cocaine intercepted through the combined work of these partner agencies would have, had they reached the streets, fueled despair and violence,” said Massachusetts State Police Colonel Christopher S. Mason. “The message to traffickers should be clear: the postal mail is not a safe route for you to distribute your poison and we will be as vigilant in interdicting that method of transport as we are with all other methods.”

“The Boston Police Department continues to work in partnership with our federal partners to prevent and reduce violence in our communities,” said Superintendent in Chief Gregory Long. “Today's arrests and seizure of firearms and drugs is a testament to the strong working relationships that ultimately resulted in removing dangerous firearms and drugs off the street.

The charge of conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base provides for a sentence of up to 20 years in prison, three years and up to life of supervised release and a fine of $1 million. 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, USPIS Acting Inspector McCallister, MSP Colonel Mason and Superintendent in Chief Long made the announcement today. The Drug Enforcement Administration, New England Field Division and Homeland Security Investigations in Boston provided valuable assistance with the investigation. Assistant U.S. Attorneys Philip C. Cheng and James E. Arnold of Mendell’s Narcotics and Money Laundering Unit are prosecuting the case.

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

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

BOSTON – A Michigan man was sentenced today in federal court in Springfield on firearms charges.

William J. Scott, 32, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 13 months in prison and three years of supervised release. In September 2020, Scott pleaded guilty to receipt and possession of an unregistered firearm, making a false statement or representation with respect to information required to be kept by a Federal Firearms Licensee and making false entries in, failing to make appropriate entries in, and failing to properly maintain records as required.

Scott, who worked for Dark Horse Gunsmithing in South Hadley, Mass., received and possessed a machinegun that fired as a fully automatic weapon. The firearm was not registered in the National Firearms Registration and Transfer Record as required by the National Firearm Act. On April 12, 2016 and July 20, 2016, Scott participated in two straw purchases in which he sold firearms to one individual despite knowing that another person would be the ultimate recipient.  Scott also failed to complete a background check and an over-the-counter Firearms Transaction form. He falsified information on a Firearms Transaction form and failed to log firearms into the Dark Horse Acquisition and Disposition Record, leaving some such firearms potentially untraceable.

Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Assistant U.S. Attorney Catherine G. Curley of Mendell’s Springfield Branch Office prosecuted the case. 

BOSTON – A Holyoke man was sentenced in federal court in Springfield today for distributing heroin.

Jose Rodriguez, 34, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 90 months in prison and four years of supervised release. In October 2020, Rodriguez pleaded guilty to distributing and possessing with intent to distribute heroin.

Rodriguez sold heroin on Sept. 19 and 27, 2018 in Holyoke. Rodriguez also possessed and intended to distribute 100 or more grams of heroin on July 6, 2019 in Holyoke. The charges were the result of an investigation into heroin trafficking in Holyoke.

Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Holyoke Police Chief Manny Febo made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Mendell’s Springfield Branch Office is prosecuting the case.

BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for illegally reentering the United States after deportation.

Antonio Curio-Ruiz, 53, of the Dominican Republic, was sentenced by U.S. District Court Judge Denise J. Casper to one year and one day in prison and three years of supervised release. Curio-Ruiz also faces deportation upon completion of his sentence. On Feb. 3, 2021, Curio-Ruiz pleaded guilty to one count of unlawful reentry of a deported alien. 

Curio-Ruiz was previously deported in December 2007, April 2011 and November 2012.  On Oct. 12, 2017, officers encountered Curio-Ruiz and determined him to be illegally present in the United States.

Acting United States Attorney Nathaniel R. Mendell and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Mendell’s Major Crimes Unit prosecuted the case.