District of Massachusetts

BOSTON – A former leader of the New Bedford Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced today for drug conspiracy charges.

Xavier Valentin-Soto, a/k/a “King X,” 33, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 65 months in prison and three years of supervised release after pleading guilty in September 2020 to conspiracy to distribute cocaine. Valentin-Soto was charged in December 2019, while serving a related sentence in state prison. Prior to his incarceration on the state charges, Valentin-Soto was the Cacique (or second-in-command) of the New Bedford Chapter of the Latin Kings.

Valentin-Soto admitted that he conspired with other Latin Kings members and leaders to distribute cocaine and cocaine base in and around New Bedford. As Cacique, Valentin-Soto held a leadership role in the drug distribution conspiracy that the Latin Kings maintained in and around multiple trap houses throughout the north side of New Bedford.

Valentin-Soto was arrested in July 2017, when local police executed a search warrant at a Latin Kings trap house in north New Bedford and located cocaine and materials for the packaging and distribution of controlled substances. Valentin-Soto was charged in state court, but released after posting bail. While on pretrial release for the state charges, Valentin-Soto sold a total of 160 grams of cocaine powder to a cooperating witness over the course of three recorded purchases in early 2019.  

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. Xavier Valentin-Soto is the ninth defendant to be sentenced in the case.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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. Attorney Philip A. Mallard and Mark Grady of Lelling’s Criminal Division 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.

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.

BOSTON – A Dominican national was sentenced today in federal court in Boston for heroin trafficking.

Alexander Martinez-Peguero, 38, who previously resided in Lawrence, was sentenced by U.S. District Court Judge Allison D. Burroughs to 30 months in prison and two years of supervised release. In January 2020, he pleaded guilty to conspiracy to distribute and possession with intent to distribute 100 grams or more of heroin. In January 2019, Alexander was charged along with his brother, Angel Martinez-Peguero, 28, who pleaded guilty and is scheduled to be sentenced on Jan. 14, 2021.

On Dec. 20, 2018, investigators seized nearly one kilogram of heroin from the Martinez-Peguero brothers during a law enforcement operation in Lawrence. Investigators also seized a loaded semi-automatic pistol from Angel Martinez-Peguero’s waistband upon his arrest. During a search of the Martinez-Peguero brother’s residence agents seized over $15,000 cash and $17,000 worth of jewelry.

United States Attorney Andrew Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Boston man was arrested yesterday and charged with a child pornography offense.

Paul Fest, 50, was charged by criminal complaint with one count of possession of child pornography. Following an initial appearance yesterday before U.S. Magistrate Judge Donald L. Cabell, Fest was detained pending a probable cause and detention hearing scheduled for Dec. 18, 2020.

According to the charging documents, agents executed a search warrant at Fest’s Beacon Hill residence yesterday morning and seized a computer and multiple external storage devices. During the preliminary on-scene review of one thumb drive, nearly 100 videos of child pornography were discovered.

Due to his prior felony conviction, Fest faces a mandatory minimum sentence of 10 years and up to 20 years in prison, five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; David Magdycz, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Charles Dell’Anno of Lelling’s Major Crimes Unit is prosecuting the case.

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

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

BOSTON – A Fall River woman was sentenced today in federal court for stealing Social Security disability benefits.   

Gloria Camara, 58, was sentenced by U.S. District Court Judge Indira Talwani to time served and three years of supervised release, with the first five months to be served on home confinement. She also was ordered to pay restitution to the Social Security Administration (SSA) in the amount of $84,222. In August 2020, Camara pleaded guilty to one count of theft of public funds and one count of making a false statement.

Camara began receiving Social Security disability benefits in 1992. In November 2009, she began working as a caregiver, but she did not report her income to the SSA. Instead, during periodic eligibility reviews, including a review on April 20, 2017, Camara falsely told Social Security that her only income consisted of three months of unemployment compensation benefits in 2008, and sporadic wages from two companies between 2003 and 2011. Because she did not report her earnings as a caregiver, Camara stole approximately $84,222 in Social Security benefits from November 2009 through October 2019.

United States Attorney Andrew E. Lelling and Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Dorchester woman was sentenced today for stealing over $80,000 in Social Security and Supplemental Nutrition Assistance Program (SNAP) benefits.    

Phaedra M. Sheets, 46, was sentenced by U.S. District Court Judge Patti B. Saris to eight months of home confinement and three years of supervised release. Sheets also was ordered to pay restitution of $85,559 to the Social Security Administration (SSA) and to the Massachusetts Department of Transitional Assistance. In September 2020, Sheets pleaded guilty to two counts of theft of public funds.

Sheets’ mother was receiving Social Security benefits and SNAP benefits at the time of her death in November 2009. Her death was never reported to the SSA nor to the Massachusetts Department of Transitional Assistance, and the agencies continued to pay monthly benefits on her behalf. When SSA attempted to contact Sheets’ mother to perform a review of her benefits claim, Sheets posed as her mother and directed SSA to deposit her mother’s benefits into various bank accounts, from which Sheets withdrew the funds. Sheets also impersonated her deceased mother in interactions with the Department of Transitional Assistance and used her mother’s SNAP card to make purchases for nearly nine years after her death.

From December 2009 to September 2018, Sheets stole approximately $71,636 in Social Security benefits and approximately $13,923 in SNAP benefits.

United States Attorney Andrew E. Lelling; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – The owner of a tax preparation business in Brockton pleaded guilty today to preparing false tax returns for others as well as filing a false tax return for himself.

Jose Miguel Spinola, 51, pleaded guilty to two counts of preparing false tax returns and one count of filing a false tax return. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for March 23, 2021. In June 2020, Spinola was charged by indictment.

On numerous occasions between 2014 and 2017, Spinola prepared and filed income tax returns for clients that contained false, inflated and incorrect information on his clients’ IRS Form 1040, U.S. Individual Income Tax Returns and attached schedules. Spinola added false, inflated and ineligible expenses on his clients’ Schedules A for medical and dental expenses and unreimbursed employee business expenses, including claimed meals and entertainment, business miles and work apparel. By inflating Schedule A deductions, Spinola decreased his clients’ taxable income and effectively increased the clients’ tax refunds. Spinola informed his clients of the total tax refund they would receive from the IRS without telling the clients about the false, inflated, or ineligible expenses Spinola deducted from his clients’ income tax returns.

Each count of aiding the preparation of false tax returns and filing false tax returns provides for a sentence of up to three years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – A Stoughton man with ties to the Orchard Gardens housing development in Roxbury pleaded guilty today in federal court in Boston to drug trafficking charges.

Dashawn Matthews, 31, pleaded guilty to distribution and possession with intent to distribute fentanyl and cocaine base (also known as crack cocaine). U.S. District Court Judge William G. Young scheduled sentencing for April 6, 2021.

During an investigation into drug trafficking and violence in the Orchard Gardens housing development, a cooperating witness and an undercover police officer made eight purchases of fentanyl, crack cocaine or both from Matthews. In total, between May and August 2019, Matthews distributed approximately 120 grams of fentanyl and 98 grams of crack cocaine. Most of the sales took place a short distance away from the Orchard Gardens housing development.

The charge of distribution and possession with intent to distribute fentanyl and cocaine base provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Christopher Pohl of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

BOSTON – The Chief of Staff to then Fall River Mayor Jasiel Correia entered a guilty plea today to charges of extortion, bribery and making false statements.

Genoveva Andrade, 49, of Somerset, agreed to plead guilty to two counts of extortion conspiracy, two counts of extortion, one count of bribery and one count of false statements. U.S. Senior District Court Judge Douglas P. Woodlock took the plea under advisement pending sentencing, which is scheduled for April 27, 2021. Andrade was arrested and charged on Sept. 6, 2019.

At a change of plea hearing today, Andrade admitted to conspiring with Correia to extort a marijuana vendor for $150,000 in return for a letter of non-opposition from Correia. Under Massachusetts law, non-opposition letters from the head of local government are required in order to obtain a license to operate a marijuana business. After the vendor agreed to pay Correia $150,000 for the letter, Andrade said to him, “you’re family now.”

Andrade also admitted to conspiring with Correia to extort a Fall River business owner. Specifically, Andrade conspired with Correia to obtain a stream of benefits, including cash and a Rolex watch valued at approximately $7,500 to $12,000, in exchange for official action and assistance that was favorable to the business owner.

In a third criminal scheme, Andrade admitted that soon after Correia hired her as his Chief of Staff in November 2017, Andrade began kicking back half of her salary to Correia on a bi-weekly basis until July 2018. She also kicked back nearly all of the $10,000 city-funded “snow stipend” that Correia approved for Andrade.

Finally, Andrade admitted to making false statements to federal agents in December 2018 in connection with the corruption investigation into Correia.

United States Attorney Andrew E. Lelling; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Glenn A. Cunha, Massachusetts Inspector General made the announcement. Assistant U.S. Attorney Zachary Hafer, Chief of Lelling’s Criminal Division, 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 – Former Massachusetts State Police (MSP) Lieutenant Daniel J. Griffin and former MSP Sergeant William W. Robertson were arrested today and charged in federal court in Boston with conspiracy, federal programs embezzlement and wire fraud in connection with an overtime scheme dating back to 2015. Griffin was also charged with filing false tax returns and wire fraud related to his scheme to defraud a private school.

Griffin, 57, of Belmont, was indicted on one count of conspiracy, one count of theft concerning a federal program, eight counts of wire fraud and 11 counts of assisting in filing false tax returns. Griffin was arrested this morning and will appear in federal court in Boston this afternoon.

Robertson, 58, of Westborough, was indicted on one count of conspiracy, one count of theft concerning a federal program and four counts of wire fraud. Robertson was also arrested this morning and will appear in federal court in Boston this afternoon.

According to the indictment, from 2015 through 2018, Griffin, Robertson, and other troopers in the Traffic Programs Section at State Police Headquarters in Framingham conspired to embezzle thousands of dollars in federally funded overtime by regularly arriving late to, and leaving early from, overtime shifts funded by grants intended to improve traffic safety. During the course of the conspiracy, Griffin made and approved false entries on police forms and other documentation to conceal and perpetuate the fraud.

When MSP overtime misconduct came to light in 2017 and 2018, Griffin, Robertson and their coconspirators allegedly took steps to avoid detection by shredding and burning records and forms. It is alleged that after an internal inquiry regarding missing forms, Griffin submitted a memo to his superiors that was designed to mislead them by claiming that missing forms were “inadvertently discarded or misplaced” during office moves. 

It is further alleged that while perpetuating the overtime scheme, Griffin spent significant time running his security business, KnightPro, even during hours that Griffin was collecting his regular MSP pay and overtime. From 2012 to 2019, Griffin collected almost $2 million in KnightPro revenue. Of that total, it is alleged that Griffin hid over $700,000 in revenue from the IRS and used hundreds of thousands of dollars in KnightPro income to fund personal expenses, such as golf club expenses, car payments, private school tuition and expenses related to his second home on Cape Cod.   

Griffin was also charged with defrauding a private school attended by two of his children from at least 2016 to 2019 by concealing his KnightPro income and filing materially misleading financial aid applications, which understated his income and assets by hundreds of thousands of dollars.  Despite Griffin’s lucrative MSP salary and KnightPro business, Griffin obtained over $175,000 in financial aid from the private school over the course of several years.

“Today’s charges involve losses for the taxpayers, and also for the Massachusetts State Police, a premier law enforcement institution that must do a better job self-policing and eliminating this kind of misconduct,” said U.S. Attorney Andrew Lelling. “Everyone must be treated equally under the law, and we will keep doing these cases until this kind of abuse stops - abuse that is deeply unfair to the vast majority of law enforcement officers who are doing their job the right way, already under difficult circumstances.”

“Today’s arrest and charges demonstrates the Department of Transportation Office of Inspector General’s (DOT OIG) commitment to ensuring recipients of DOT grants and funds uphold the high standard of stewardship that every American taxpayer expects and deserves,” said Douglas Shoemaker, Special Agent-in-Charge, DOT OIG-Northeast Region. “We will continue working with our Federal and State law enforcement and prosecutorial partners to pursue individuals who intentionally abuse federally-funded programs for their personal benefit and enrichment.”

“Today we arrested two former state troopers for their alleged roles in a blatant overtime fraud scheme and their attempts to cover it up. Both men are accused of abusing their positions to steal tens of thousands of dollars in scarce federal grants while neglecting to enforce important traffic safety laws,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “In Lt. Griffin’s case, we believe he even went as far as underreporting his income to the IRS and his children’s private school to increase the amount of financial assistance they received. This deliberate abuse of authority will not be tolerated, and the FBI will continue to pursue anyone who fraudulently siphons public funds.”

“The defendants were members of the law enforcement community which is incredibly troubling,” said Acting Special Agent in Charge Joleen Simpson of the Internal Revenue Service - Criminal Investigation Division.  “The residents of Massachusetts put their trust in the defendants to uphold the law, and that trust, was broken.  But let me be absolutely clear.  These charges should in no way be a reflection on the more than 2,000 Massachusetts troopers who serve the Commonwealth with honor and integrity every day.” 

The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of federal program fraud 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 conspiracy 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 filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release and a fine of $100,000.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S Attorney Lelling, DOT OIG-Northeast Region SAC Shoemaker, FBI Boston SAC Bonavolonta and IRS-CI Acting SAC Simpson made the announcement today. Assistant U.S. Attorney Dustin Chao of Lelling’s Public Corruption Unit is prosecuting the case.

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

BOSTON – A Fitchburg woman pleaded guilty today to fraudulently receiving Social Security disability benefits, MassHealth and Supplemental Nutrition Assistance Program (SNAP) benefits.   

Rhonda Bernal, 62, pleaded guilty to three counts of theft of public funds and two counts of making false statements. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for April 5, 2021. In July 2019, Bernal was arrested and charged.

Over a period of approximately eight years, Bernal stole $71,462 in Social Security benefits, $6,444 in MassHealth benefits and $13,505 in SNAP benefits (previously known as Food Stamps). In February 2015, Bernal falsely informed the Massachusetts Department of Transitional Assistance that she was the only person in her household when, in fact, she was living with her husband. In addition, Bernal falsely told Social Security in April 2016 that she and a relative, who was not her husband, were the only members of her household.

The charges of theft of public funds provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charges of making false statements provide for a sentence of up to five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip M. Coyne, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Service’s Boston Regional Office; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Dominican national pleaded guilty yesterday in federal court in Boston in connection with fraudulently using the identity of a U.S. citizen to apply for a passport and driver’s license.

Wagner Pimentel Soto, 41, who previously resided in West Roxbury, pleaded guilty to one count of making a false statement in a passport application and two counts of fraudulent use of a Social Security number. U.S. District Judge Douglas P. Woodlock scheduled sentencing for April 7, 2021.

According to court records, in February 2019, Pimentel Soto applied for a U.S. passport at a U.S. Post Office in Everett using the name and Social Security number of a U.S. citizen. In April 2018, Pimentel Soto applied for a Massachusetts driver’s license at the Haymarket branch of the Registry of Motor Vehicles in Boston. In support of his applications, Pimentel Soto submitted a variety of identity documents bearing the name, date of birth and Social Security number of the victim.

This case was investigated by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF),which is comprised of 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.

The charge of making a false statement in a passport application provides for a sentence of up to 10 years in prison, and the charge of fraudulent use of a Social Security number provides for up to five years in prison. Both charges provide for up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; David Magdycz, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Jonathan Davidson, Special Agent in Charge of the U.S. Department of State's Diplomatic Security Service; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Colombian national was sentenced today in federal court in Boston for cocaine trafficking and illegal reentry charges.

Ricardo Lopera-Arteaga, 59, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to five years in prison and four years of supervised release. Lopera-Arteaga will be subject to deportation proceedings upon completion of his sentence. In August 2020, Lopera-Arteaga pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine, one count of possession with intent to distribute 500 grams or more of cocaine and one count of unlawful reentry of a deported alien. He has been in federal custody since his arrest on Oct. 9, 2019 with co-defendant Diego Sanchez, 34, who pleaded guilty to similar charges and was sentenced to 27 months in prison.

Lopera-Arteaga and Sanchez conspired together to sell one kilogram of cocaine to a cooperating witness in East Boston in October 2019. Sanchez also engaged in two sales of cocaine to the same cooperating witness on Sept. 10 and 27, 2019 in East Boston. On Oct. 9, 2019, law enforcement agents observed both men meet and walk together towards a spot arranged for the drug transaction. Agents arrested both men a short time later and seized one kilogram of cocaine from Lopera-Arteaga.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

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

BOSTON – A Tewksbury man was indicted yesterday by a federal grand jury in Boston in connection with a Sept. 22, 2020 bank robbery.

Nicholas O’Neil, 37, has been indicted on one count of bank robbery after being arrested in Tewksbury on Sept. 22, 2020. He was previously charged by federal criminal complaint.

According to charging documents, on Sept. 22, 2020, O’Neil entered a branch of the Santander Bank in Tewksbury, handed the teller a demand note and a red cloth bag. The teller placed the money into the red bag and handed the bag and the demand note back to the robber who exited the bank. A bank customer watched the robber exit the bank and allegedly get into the passenger side of a white pickup truck and exit the area at a high rate of speed. Police issued an alert for the white pickup truck and a short time later, the truck was located and “boxed-in” in heavy traffic. Police officers arrested the driver and passenger, later determined to be O’Neil. Inside the vehicle, the red bag with the money and the demand note were recovered.    

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Tewksbury Police Chief Ryan M. Columbus made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

The details contained in 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 Revere man pleaded guilty to attempting to launder money to Colombia and cocaine possession.

Jairo Agudelo, 34, pleaded guilty on Dec. 8, 2020 to money laundering conspiracy, substantive money laundering and possession with intent to distribute cocaine. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 30, 2021. 

According to court documents, investigators seized approximately $200,000 in cash from Agudelo when he attempted to launder drug proceeds from Massachusetts to Colombia in February 2019. When investigators executed a search warrant at a Revere apartment used by Agudelo as a stash house for his cocaine distribution, they located approximately 400 grams of cocaine, as well as drug packaging materials and over $11,000 in cash.

The charges of money laundering and money laundering conspiracy provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000, or twice the value of the property involved in the transaction, whichever is greater. The charge of possession with intent to distribute cocaine 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.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division made the announcement today. Critical assistance was provided by the Boston Police Department; Massachusetts State Police; Revere Police Department; U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations; and the United States Marshals Service.  Assistant U.S. Attorneys Lauren A. Graber and Jared C. Dolan of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

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

BOSTON – A Natick psychiatrist was arrested today in connection with charges that he billed Medicare and private insurance companies for over $10 million in treatments he did not provide and then obstructed justice in an attempt to conceal his crimes.

Gustavo Kinrys, 49, of Wellesley, was indicted on seven counts of wire fraud, six counts of false statements relating to health care matters, one count of falsification of documents and one count of obstructing a criminal health care investigation. Kinrys was arrested today and will appear via videoconference in federal court in Boston this afternoon.    

 “Fraud in the Medicare system is a persistent, long-term problem,” said United States Attorney Andrew E. Lelling. “Physicians who defraud the system are taking dollars that could otherwise be used to support patient health. We will continue to prioritize these cases.”

“We take very seriously our responsibility to safeguard taxpayer funds by eliminating fraud within our federal healthcare system,” said Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Today’s arrest and the charges alleged in the indictment serve as a strong reminder that we will not tolerate fraud against our federal healthcare system or acts of obstruction that attempt to conceal those schemes.”

“Dr. Kinrys is accused of exploiting our healthcare system—paid for, in part, by taxpayer dollars—in order to line his own pockets without any regard for the harm his actions would cause. He billed public and private insurance companies more than $10.6 million for medical treatments he never provided, and then tried to cover it up by obstructing the investigation,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Anyone involved in, or entertaining similar activity should know that health care fraud is a priority for the FBI, and we will pursue anyone trying to steal from this country’s vital health care system.”

“This case illustrates the commitment of all agencies to combat medical billing fraud which affects all citizens. The Insurance Fraud Bureau of Massachusetts places a high priority on fighting this type of insurance fraud. We applaud the collaboration of our investigative partners in combating fraud in our healthcare system,” said Anthony M. DiPaolo, Executive Director of the Massachusetts Insurance Fraud Bureau.

Kinrys was a licensed psychiatrist who owned and operated Advanced TMS Associates, located in Natick, Mass. Among other services, Kinrys offered transcranial magnetic stimulation (TMS) therapy and psychotherapy to patients suffering from depression. TMS therapy is a noninvasive method of brain stimulation that uses rapidly alternating or pulsed magnetic fields to induce electrical currents directed at a patient’s cerebral cortex.

The indictment alleges that between January 2015 and December 2018, Kinrys engaged in a variety of fraudulent billing schemes in which he sought and received reimbursement for services he did not render. For example, Kinrys billed Medicare and private insurers over $10 million for thousands of TMS sessions he never provided, including over 8,000 sessions he claimed were provided to 75 patients who, in fact, never received a single session of the therapy.  Kinrys allegedly billed Medicare and private insurers for hundreds of thousands of dollars’ worth of psychotherapy sessions he never provided, including over 1,000 face-to-face sessions he falsely claimed he provided while he or his patients were in fact out of the country. On hundreds of occasions, it is alleged that Kinrys billed Medicare and private insurers for having provided more than 24 hours’ worth of psychotherapy services in a single day, including one day in 2017 when he claimed he had provided hour-long psychotherapy sessions to 79 different patients.

To further his fraudulent billing scheme, Kinrys allegedly made numerous false statements to his patients, the billing company with which he worked and the insurers to whom he submitted claims seeking reimbursement. When Medicare, private insurers, and the Department of Health and Human Services (HHS) sought records from Kinrys pertaining to certain of his claims, he took steps to conceal his fraudulent conduct by making false representations and creating false documentation purporting to show that he had provided thousands of treatments he had billed for, but never rendered. For example, in response to a July 2018 subpoena from the HHS’s Office of Inspector General seeking medical records for 10 of his patients, Kinrys allegedly created documents – and ordered his office workers to create documents – falsely stating that those patients had received dozens of treatments they had never been provided. 

The charges of wire fraud and destruction or falsification of records 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 charges of false statements relating to health care matters and obstruction of a criminal investigation of a health care offense each provide 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.

U.S. Attorney Lelling, HHS-OIG SAC Coyne, FBI Boston SAC Bonavolonta and Massachusetts IFB Executive Director DiPaolo made the announcement today. Assistant U.S. Attorney Patrick Callahan of Lelling’s Health Care Fraud 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 Marlboro woman was arrested today for fraudulently receiving Social Security disability benefits, MassHealth, Supplemental Nutrition Assistance Program (SNAP) benefits and Section 8 housing assistance.    

Maribel Rodriguez, 61, was charged by criminal complaint with four counts of theft of public funds and two counts of making false statements. She will make an initial appearance before U.S. District Court Magistrate Judge David Hennessy this afternoon.

According to the indictment, over a period of approximately 12 years, Rodriguez stole $68,223 in Social Security benefits, $1,908 in MassHealth benefits, $21,790 in SNAP benefits (previously known as Food Stamps), and $161,277 in Section 8 housing assistance benefits. In June 2016, she falsely informed the Social Security Administration that she lived alone when, in fact, she was living with her husband. Similarly, Rodriguez falsely told the Marlborough Community Development Authority in May 2017 that she was the only member of her household. 

The charges of theft of public funds provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charges of making false statements provide for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip M. Coyne, Special Agent in Charge of the Department of Health and Human Service’s Office of Inspector General, Boston Regional Office; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – Four jewelry importers have agreed to pay more than $860,000 to resolve allegations that they failed to pay customs duties on sterling silver earring imports from China. 

The importers, Roman & Sunstone LLC; ISTAR Jewelry LLC; Ansun Inc.; and Starkes Gems Inc., are affiliated companies headquartered in New Jersey, and will pay $866,068 to resolve False Claims Act allegations.

Under customs laws, duties on sterling silver earrings imported from China vary based on the value of the jewelry - the more expensive the earrings, the lower the duty rate. An earring’s value is calculated per earring (rather than each pair of earrings or collection of earrings).

Between 2015 and 2018, Roman & Sunstone and its affiliates imported display cards of sterling silver earrings from China for resale at department stores. The display cards often included multiple pairs of earrings. The government contends that Roman & Sunstone and its affiliates improperly concealed the number and value of these imports from U.S. Customs and Border Protection by describing on import records the number of display cards imported, rather than the number of individual earrings. These importers’ misstatements increased the declared value of the imports, allowing them to pay a lower duty than they should have based on the value of each earring. The government contends that Roman & Sunstone and its affiliates knew they were underpaying duties but continued to use misleading import records in order to avoid their obligations to pay customs duties.

The U.S. Attorney’s Office recently reached a $402,637 settlement with a former importer, TSI Accessories Group, Inc., concerning related conduct.

This civil settlement arose from a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. In connection with today’s settlement, the whistleblower will receive approximately $152,000 of the recovery.

United States Attorney Andrew E. Lelling; Michael S. Denning, Director, Boston Field Office, U.S. Customs and Border Protection; and David Magdycz, Acting Special Agent in Charge, Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Brian M. LaMacchia of Lelling’s Affirmative Civil Enforcement Unit handled the matter.

BOSTON – A Dominican national was indicted yesterday by a federal grand jury in Boston in connection with fraudulently using the identity of a U.S. citizen.

Alexander Villalona Diaz, 34, a Dominican national previously residing in Lawrence, was indicted on one count of false representation of a Social Security number and one count of aggravated identity theft. Villalona Diaz was arrested and charged by complaint on Sept. 2, 2020.

According to the indictment, Villalona Diaz fraudulently used a Social Security number that was not his when applying for a renewal of a driver’s license with the Massachusetts Registry of Motor Vehicles in 2016.

This case is part of operation Double Trouble – an investigation conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), comprised of 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.

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 aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, 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.

United States Attorney Andrew E. Lelling; David Magdycz, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; Jonathan Davidson, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A Boston man was sentenced in federal court in Boston for heroin and fentanyl trafficking charges.

Anthony Tsina, 37, was sentenced on Dec. 8, 2020 by U.S. District Court Judge Nathaniel M. Gorton to 34 months in prison and three years of supervised release. On Aug.13, 2020, Tsina pleaded guilty to one count of conspiracy to distribute 100 grams or more of heroin and one count of possession with intent to distribute heroin.

According to court documents, in 2018, federal and state law enforcement began investigating a Brockton drug crew headed by Djuna Goncalves, a violent Brockton-area drug dealer. Interceptions from Djuna Goncalves’s cellphone led agents to other Boston-based drug traffickers who supplied Goncalves. Agents identified Tsina as a drug trafficker and customer of Jose Perez-Felix, a/k/a “Grande,” a member of a Boston-based drug cell that also supplied Goncalves.

According to court documents, agents intercepted several calls in which Tsina ordered narcotics from Perez-Felix. For instance, on April 9, 2019, a call was intercepted during which Tsina told Perez-Felix that he had been trying to get in touch with him and needed to see him.  Perez-Felix told Tsina he would meet him on Bowdoin Street in Dorchester. Perez-Felix was later observed driving to and parking on Bowdoin Street and Perez Felix delivered heroin/fentanyl to Tsina through the passenger side window of Tsina’s car. After Tsina left the area, Tsina’s vehicle was stopped by law enforcement and a bag containing a tan powdery substance, later determined to contain 60.7 grams of a mixture of heroin and fentanyl, was recovered. 

Of the 17 defendants named in the superseding indictment, nine, including Tsina, have pleaded guilty. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

United States Attorney Andrew E. Lelling; David Magdycz, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; John Gibbons, United States Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Emanuel Gomes; and Plymouth County District Attorney Timothy Cruz made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Alathea Porter of Lelling’s Narcotics and Money Laundering Unit are prosecuting 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 indictment 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 man was indicted yesterday for robbing a bank in Boston on Nov. 13, 2020. At the time of the offense, the defendant was on supervised release after being convicted of committing two bank robberies in 2016. 

Stephen D. Williams, 56, was indicted on one count of bank robbery. Williams, who is currently on supervised release for two 2016 bank robberies, was arrested on state charges on Nov. 13, 2020. He was charged federally by criminal complaint on Nov. 18, 2020.

According to court documents, in March 2018, Williams was sentenced to 60 months in prison after pleading guilty to robbing two banks in 2016. In July 2020, Williams’s sentence was modified pursuant to a motion for compassionate release, and he was released from prison to home confinement.

While on home confinement, Williams deactivated his court ordered electronic monitoring bracelet and absconded.

It is alleged that, on Nov. 13, 2020, an individual, later determined to be Williams, wearing a grey knit cap and blue jacket, entered a branch of the Santander Bank in Boston. Williams passed the teller a note indicating a robbery and that he had a gun. The teller gave Williams $7,000 in cash, which Williams allegedly stuffed it into the pockets of the blue jacket he was wearing and exited the bank.

Immediately following the robbery, police interviewed bank personal and put out an alert for Williams. According to court documents, Williams was later observed a short distance from the bank counting money, removing his blue jacket and placing it into a black trash bag. A short time later, Williams was observed carrying the black trash bag. While Williams was being questioned by police, he allegedly dropped the trash bag and after a brief chase was arrested. Inside the black trash bag law enforcement recovered a blue jacket, grey knit cap, a demand note alleging that he had a gun, blue latex gloves, a Massachusetts identification card in Williams’ name and a large sum of cash in excess of $7,000.

The charge of bank robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the Sentencing Guidelines and other statutory factors. In addition to the above, Williams will also face a jail sentence for violating the terms of his previously imposed supervised release.   

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – An Agawam man pleaded guilty yesterday in federal court in Springfield to stealing two firearms and selling and trading them for drugs. 

David Poirier, 26, pleaded guilty to one count of theft of a firearm from a licensed firearms dealer and one count of possession, sale or disposal of a stolen firearm. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for March 5, 2021.

Between June 18 and 23, 2020, Poirier stole a STI Edge 40 caliber pistol, a Glock 34 9 mm pistol, a Stag Arms Stag 15 lower frame and cash from a family member’s locked safe, and then traded them for drugs. The family member holds a Federal Firearms License (“FFL”) and owns a firearms business.

The charging statutes each provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Office; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Agawam Police Chief Eric Gillis made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Springfield Branch Office is prosecuting the case. 

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

BOSTON – A Weston man was sentenced today in connection with a scheme to defraud private high schools and international students of millions of dollars in tuition and other fees.

Keenam “Kason” Park, 59, of Weston, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 60 months in prison, three years of supervised release and ordered to pay restitution of at least $5,192,330. In August 2020, Park pleaded guilty to one count of wire fraud.

Park caused EduBoston to collect tuition and other payments from students’ families for the 2019-2020 academic year but failed to remit tuition payments to partnering schools. Instead, Park used the funds on unrelated expenses, including personal expenses. Park also caused EduBoston to collect advance tuition and other payments for the 2020-2021 academic year, which Park failed to return to the students’ families after EduBoston went out of business around September 2019. As a result, EduBoston owes over $5 million to partnering schools and students’ families.

United States Attorney Andrew E. Lelling 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 Leslie A. Wright of Lelling’s Securities, Financial and Cyber Fraud Unit prosecuted the case.

BOSTON – A member of the Fitchburg Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to drug distribution charges.

Dairon Rivera, a/k/a “King Mafia,” 27, pleaded guilty today to one count of conspiracy to distribute and possess with intent to distribute fentanyl. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for April 1, 2021. Dairon Rivera was charged in December 2019, at which time he was a member of the Fitchburg Chapter of the Latin Kings.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. 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.

During the plea proceedings, Dairon Rivera admitted to selling over 40 grams of fentanyl to a cooperating witness in a series of audio/video recorded sales that took place between April and December of 2017. 

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. Dairon Rivera is the 26th defendant to plead guilty in the case.

The charge of conspiracy to distribute controlled substances provides for a sentence of up to 20 years in prison, a minimum of three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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 Lelling’s Criminal Division 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.

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.

BOSTON – A Lawrence man was sentenced yesterday for distributing fentanyl.

Keysi Batista, 32, was sentenced by U.S. District Court Judge William G. Young to 108 months in prison and four years of supervised release. On Sep. 14, 2020, Batista pleaded guilty to two counts of distribution of 40 grams or more of fentanyl.

Between August 2017 and November 2018, investigators conducted an undercover investigation of Batista’s fentanyl dealing. Over the course of 15 months, investigators conducted two controlled purchases of fentanyl from Batista. Batista was arrested on Nov. 15, 2019.

United States Attorney Andrew Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The FBI’s North Shore Gang Task Force conducted the investigation.

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 former member of the Boston-based Devon Street Kings Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced today on racketeering charges. The defendant admitted to shooting in the direction of another Latin Kings member in June 2019.

Juan Figueroa, a/k/a “King Pun,” 25, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to two years in prison and three years of supervised release. In September 2020, Figueroa pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. Figueroa was arrested and charged in December 2019, at which time he was a member of the Devon Street Kings, a Boston-based Chapter of the Latin Kings, and had formerly been a member of the New Bedford Chapter.

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.

Figueroa admitted to participating in a June 2019 shooting in which he shot in the direction of a Latin Kings member who was in bad standing with the gang. Figueroa further admitted to creating numerous songs and accompanying music videos that served as compelling propaganda for the gang. Producing music under the name, “The Almighty King Pun,” Figueroa’s songs and music videos depicted the gang members brandishing firearms, boasting about their proclivity for violence and describing the scope of their successful drug distribution operations. The music videos featured groups of Latin Kings members wearing gang colors, clothing and symbols, and throwing up gang signs. The lyrics of these music videos taunted and threatened rival gang members.

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. Figueroa is the seventh defendant to be sentenced in the case.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; Boston Police Commissioner William Gross; 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. Attorney Philip A. Mallard and Lauren Graber of Lelling’s Criminal Division 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.

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.

BOSTON – A Dominican national previously residing in Malden pleaded guilty today in federal court in Boston to passport fraud.

Jairo Antonio Feliz, 35, pleaded guilty to two counts of making a false statement in a passport application. U.S. District Judge Douglas P. Woodlock scheduled sentencing for April 6, 2021.

In November 2011, Feliz applied for a U.S. passport at a post office in Lynn using the name and Social Security number of a U.S. citizen. In October 2012, Feliz again applied for a U.S. passport at a post office in Lynn using the name and Social Security number of a different U.S. citizen.

The charge of making a false statement in a passport application 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.

United States Attorney Andrew E. Lelling and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State's Diplomatic Security Service, Boston Field Division made the announcement.  Assistant U.S. Attorneys Bill Abely and Charles Dell’Anno of Lelling’s Major Crimes Unit are prosecuting the case.

BOSTON – A former jewelry importer, TSI Accessories Group, Inc. (TSI), will pay $402,637 to resolve allegations that it violated the False Claims Act by failing to pay customs duties on sterling silver earring imports from China. 

Under customs laws, duties on sterling silver earrings imported from China vary based on the value of the jewelry—the more expensive the earrings, the lower the duty rate. An earring’s value is calculated per earring (rather than each pair of earrings or collection of earrings).

Between 2012 and 2015, TSI imported display cards of sterling silver earrings from China for resale at department stores. The display cards often included multiple pairs of earrings.  The government contends that TSI improperly concealed the number and value of these imports from U.S. Customs and Border Protection by describing on import records the number of display cards imported, rather than the number of individual earrings. TSI’s misstatements increased the declared value of the imports, allowing TSI to pay a lower duty than it should have based on the value of each earring. 

“Companies taking advantage of U.S. markets must comply with the law, including paying import duties levied to protect domestic companies from unfair competition,” said United States Attorney Andrew E. Lelling. “This settlement underscores our efforts to ensure that importers uphold their responsibilities in American markets. We credit TSI’s cooperation in this investigation and agreement to make the government whole.”

“In addition to securing our borders from terrorists, terrorist weapons and dangerous goods, CBP is charged with enforcing U.S. trade laws to protect the American economy,” said Michael S. Denning, Director, Boston Field Office, U.S. Customs and Border Protection (CBP). “We will continue to use the authorities and tools at our disposal to combat trade fraud to ensure a fair and competitive marketplace for all traders.” 

“Homeland Security Investigations takes custom fraud cases very seriously. Mislabeling import documentation in order to pay lower duties improperly inflates costs to everyday consumers,” said David Magdycz, Acting Special Agent in Charge, HSI Boston. “HSI applauds the work of U.S. Customs and Border Protection for their significant assistance in the investigation, as well as the U.S. Attorney’s office for aggressively prosecuting this fraud.”

This civil settlement arose from a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. In connection with this settlement, the whistleblower will receive approximately $70,000 of the recovery.

U.S. Attorney Lelling, CBP Director Denning and HSI Boston Acting SAC Magdycz made the announcement today. Assistant U.S. Attorney Brian M. LaMacchia of Lelling’s Affirmative Civil Enforcement Unit handled this matter.

BOSTON – A Boston man was sentenced yesterday for being a felon in illegal possession of firearms and ammunition on two separate occasions in Boston.

Donell Phillips, 27, was sentenced by U.S. District Court Judge Patti B. Saris to 21 months in prison and one year of supervised release. In March 2020, Phillips pleaded guilty to two counts of being a felon in possession of a firearm and ammunition.

On May 8, 2019, police officers in Boston observed Phillips, who was wanted on outstanding warrants for unrelated charges from Lawrence District Court and South Boston District Court, holding an open container of alcohol on a public sidewalk. Phillips ran from officers and dropped a Bryco, Model 38, .380 caliber firearm and magazine containing .380 caliber ammunition on the street. Phillips was not apprehended that day, and a state court arrest warrant issued for his arrest.

On June 7, 2019, police officers in Boston observed Phillips in the rear passenger seat of a vehicle and attempted to place him under arrest when the vehicle came to a stop. Phillips again ran from officers and jumped over a wall but was apprehended after a short foot chase. In Phillips’ pocket, officers found a loaded Taurus, model PT738 TCP, .380 caliber firearm, and five plastic bags of suspected cocaine base, also known as “crack cocaine.”

Due to a prior state court conviction, Phillips is prohibited from possessing firearms or 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, 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 on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Philip A. Mallard of Lelling’s Organized Crime and Gang Unit prosecuted the case.

Project Safe Neighborhoods (PSN) is 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 U.S. Attorney’s Office filed a lawsuit today alleging that a property manager in Chicopee violated the Fair Housing Act by subjecting female tenants to sexual harassment. 

The complaint alleges that Salazar dos Santos, 79, of Chicopee, who has managed residential rental properties in and around Chicopee since at least 2008, subjected female tenants to unwelcome sexual contact, including coercing them to perform oral sex and touching intimate parts of their bodies. Dos Santos allegedly exposed his genitals to female tenants, locked tenants in his office, implicitly offered to grant tangible benefits, such as rent payment plans, in exchange for engaging in sexual acts with him, and threatened tenants who resisted or objected to his unwelcome sexual harassment. The owners of the properties, two family trusts, are alleged to be liable for Salazar dos Santos’s conduct.

“No one should be forced to provide sexual favors, or otherwise endure sexual harassment, in exchange for housing,” said United States Attorney Andrew E. Lelling. “Sexual harassment is illegal under the Fair Housing Act and, especially during a time of increased unemployment and financial stress, my office will aggressively enforce this law to protect hard working women and others subjected to this kind of abusive conduct.”

“It is appalling that any woman seeking safe, affordable housing would be met with demands for sex, sexual propositions, unwanted touching, and threats. Such abusive conduct by landlords and property manages violates federal law and shocks the conscience,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Fair Housing Act protects tenants from sexual harassment and threats by their housing providers, and the Justice Department will work resolutely to hold such predators accountable and to obtain relief for their victims.”

The lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order restricting his contact with tenants. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.

This lawsuit is part of the Justice Department’s Sexual Harassment in Housing Initiative. The initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division in coordination with U.S. Attorney’s Offices. The goal is to address sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. As part of the initiative, the Justice Department developed a public service announcement and formed a joint task force with HUD to combat sexual harassment in housing.

Anyone with questions or concerns regarding this case should call the U.S. Attorney’s Office at 888-221-6023 or email [email protected].

U.S. Attorney Lelling and AAG Dreiband made the announcement today. Assistant U.S. Attorneys Torey B. Cummings and Christopher Morgan, of Lelling’s Civil Rights Unit, and the Springfield Branch Office respectively, are handling the matter.

The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.

The Justice Department announced today that it has filed a lawsuit alleging that a property manager in Chicopee, Massachusetts, violated the Fair Housing Act by subjecting female tenants to sexual harassment. 

The complaint, filed in the U.S. District Court for the District of Massachusetts, alleges that Salazar dos Santos, who manages residential rental properties in Chicopee, Massachusetts, has subjected tenants to sexual harassment on multiple occasions since at least 2008.

According to the complaint, dos Santos subjected female tenants to unwelcome sexual contact, including coercing them to perform oral sex and touching intimate parts of their bodies. The complaint also alleges that dos Santos exposed his genitals to female tenants, locked tenants in his office, implicitly offered to grant tangible benefits, such as rent payment plans, in exchange for engaging in sexual acts with him, and threatened tenants who resisted or objected to his unwelcome sexual harassment. The owners of the properties, two family trusts, are alleged to be liable for Salazar dos Santos’s conduct.

“No woman who seeks safe, affordable housing should ever face demands for sex, sexual propositions, unwanted touching, and threats. Such abusive conduct by landlords and property managers violates federal law and shocks the conscience,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Fair Housing Act protects tenants from sexual harassment and threats by their housing providers, and the Justice Department will work resolutely to hold such predators accountable and to obtain relief for their victims.”

“No one should be forced to provide sexual favors, or otherwise endure sexual harassment, in exchange for housing,” said U.S. Attorney Andrew E. Lelling for the District of Massachusetts. “Sexual harassment is illegal under the Fair Housing Act and, especially during a time of increased unemployment and financial stress, my office will aggressively enforce this law to protect hard working women and others subjected to this kind of abusive conduct.”

Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties to vindicate the public interest, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.

Today’s lawsuit is the twentieth to be filed since the 2017 launch of the Justice Department’s Sexual Harassment in Housing Initiative. The initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The Attorney General recently reaffirmed this commitment by directing the Justice Department to deploy all available enforcement tools against anyone who tries to capitalize on the COVID-19 crisis by sexually harassing people in need of housing. The goal of the department’s initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. As part of the initiative, the Justice Department developed a public service announcement and formed a joint task force with the U.S. Department of Housing and Urban Development to combat sexual harassment in housing.

In the last year alone, the department filed more sexual harassment lawsuits – eight – than it has in any other year. The 20 lawsuits filed in the last three years demonstrate the department’s commitment to vigorously enforcing the Fair Housing Act to stop the predatory conduct and vindicate the rights of those who are being abused by their landlords and property managers. The lawsuits have been filed in states across the country, from California to Massachusetts, from Alabama to Kentucky, and beyond, and allege harassment in rural communities and urban centers, in apartment buildings and mobile homes, in market-rate homes and in subsidized housing. The Justice Department will continue to pursue these cases across the country, and will work with federal, state and local partners where appropriate to bring the perpetrators to justice.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

Individuals in Massachusetts who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by dos Santos, or who have other information that may be relevant to this case, can contact the U.S. Attorney’s Office Civil Rights Unit by calling 888-221-6023 , or emailing [email protected].

Individuals nationwide may report sexual harassment and other forms of housing discrimination by contacting the Justice Department’s Civil Rights Division at (800) 896-7743 or by submitting a report online.

BOSTON – The former fencing coach at Harvard College and a Maryland businessman were indicted by a federal grand jury today in Boston with conspiring to secure the admission of the businessman’s two sons to Harvard in exchange for bribes totaling more than $1.5 million.

Peter Brand, 67, of Cambridge, Mass., and Jie “Jack” Zhao, 61, of Potomac, Md., were indicted on one count of conspiracy to commit federal programs bribery. Brand and Zhao were also each charged with one count of federal programs bribery. Brand and Zhao were arrested and charged by criminal complaint on Nov. 16, 2020.  

According to the charging documents, Brand, the former head coach of men’s and women’s fencing at Harvard, conspired with Zhao, the chief executive of a telecommunications company, to facilitate the admission of Zhao’s sons to Harvard by recruiting them to join the men’s fencing team in exchange for money.

It is alleged that in or about May 2012, Brand told a co-conspirator, “Jack doesn’t need to take me anywhere and his boys don’t have to be great fencers. All I need is a good incentive to recruit them[.] You can tell him that[.]” In February 2013, as part of the alleged scheme, Zhao made a purported donation of $1 million to a fencing charity founded by a co-conspirator.  Zhao’s older son was admitted to Harvard as a fencing recruit in December 2013, and matriculated in the fall of 2014. Shortly thereafter, the charity passed $100,000 on to the Peter Brand Foundation, a charitable entity established by Brand and his spouse. Thereafter, Zhao began making payments to, or for the benefit of, Brand.

In total, Zhao made over $1.5 million in payments to Brand, or for Brand’s personal benefit, even as Brand recruited Zhao’s younger son to the Harvard fencing team. Zhao allegedly paid for Brand’s car, made college tuition payments for Brand’s son, paid the mortgage on Brand’s Needham residence, and later purchased the residence for well above its market value, thus allowing Brand to purchase a more expensive residence in Cambridge that Zhao then paid to renovate. Zhao’s younger son matriculated to Harvard in 2017. Brand allegedly did not disclose the payments to Harvard when recruiting Zhao’s sons.

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service - Criminal Investigation Division; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

El Departamento de Justicia anunció el lunes que ha entablado un pleito que alega que un administrador de propiedad en Chicopee, Massachusetts, vulneró la ley de Vivienda Justa al someter a inquilinas al acoso sexual. 

La demanda, que se presentó ante el Tribunal Federal de Distrito para el Distrito de Massachusetts, alega que Salazar dos Santos, administrador de propiedades residenciales de alquiler en Chicopee, Massachusetts, acosó sexualmente a inquilinas en múltiples ocasiones desde al menos el 2008.

Según la demanda, dos Santos, sometió a las inquilinas a contacto sexual no deseado, lo que incluyó coaccionarlas a practicar sexo oral y tocar partes íntimas de sus cuerpos. Más aún, la demanda alega que dos Santo expuso sus genitales a inquilinas, encerró a inquilinas en su oficina, realizó ofertas implícitas de conceder beneficios tangibles –tales como planes de pago del alquiler, a cambio de participar en actos sexuales con él— y amenazó a inquilinas que resistieron o que se opusieron a su acoso sexual no deseado. Se alega que los dueños de las propiedades, dos fideicomisos familiares, son responsables de la conducta de Salazar dos Santos.

«Ninguna mujer que busque una vivienda segura y asequible debe enfrentarse a solicitudes de sexo, avances sexuales, toques no deseados y amenazas. Tales conductas abusivas por parte de propietarios y administradores de propiedad vulneran las leyes federales y conmocionan la conciencia de todos», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «La ley de Vivienda Justa protege a las inquilinas del acoso sexual y amenazas a manos de sus proveedores de vivienda, y el Departamento de Justicia trabajará con determinación para hacer que depredadores como este rindan cuentas y para obtener alivio para las víctimas».

«Nadie debe verse forzado a realizar favores sexuales o de otra forma soportar el acoso sexual a cambio de una vivienda», afirmó Andrew E. Lelling, el Fiscal Federal para el Distrito de Massachusetts. «El acoso sexual es, en virtud de la ley de Vivienda Justa, ilegal, y especialmente durante un período de mayor desocupación y estrés financiero, mi oficina trabajará sin tregua para hacer cumplir esta ley, con el fin de proteger a mujeres trabajadoras y otras personas que se ven sometidas a este tipo de conducta».

El pleito de hoy pide daños monetarios para compensar a las víctimas, sanciones civiles para vindicar el interés público y una orden judicial que impide futura discriminación. La demanda contiene alegaciones de conducta ilegal; tales alegaciones deben ser probadas ante un tribunal federal.

El pleito de hoy es el vigésimo que se ha presentado desde que se lanzó, en el 2017, la Iniciativa contra el Acoso Sexual en la Vivienda del Departamento de Justicia. La iniciativa representa un esfuerzo por combatir el acoso sexual en la vivienda. Está dirigida por la División de Derechos Civiles y cuenta con el apoyo de las Fiscalías Federales por todo el país. Hace poco, el Fiscal General  este reafirmó este compromiso al instruir al Departamento de Justicia que implemente todas las herramientas de aplicación de la ley disponibles contra cualquiera que intenta aprovechar la crisis de COVID-19 acosando sexualmente a personas que necesitan una vivienda. El objetivo de la iniciativa del Departamento es abordar el acoso sexual por parte de propietarios, administradores de propiedad, trabajadores de mantenimiento, prestamistas y otras personas que controlan la vivienda. Como parte de la iniciativa, el Departamento de Justicia desarrolló un mensaje de interés público «con subtítulos en español» y formó un grupo de trabajo conjunto con el Departamento de Vivienda y Desarrollo Urbano de los EE. UU. para combatir el acoso sexual en la vivienda.

Solo en este último año, el Departamento entabló más pleitos por acoso sexual –ocho– que en cualquier otro año. Los veinte pleitos entablados en los últimos tres años demuestran el compromiso del Departamento con hacer cumplir activamente la ley de Vivienda Justa para así poner fin a la conducta depredadora y vindicar los derechos de las personas que están siendo abusadas por sus propietarios y administradores de propiedad. Los pleitos se han entablado en diferentes estados por todo el país, desde California hasta Massachusetts, de Alabama a Kentucky, en comunidades rurales y centros urbanos, en edificios de apartamentos y casas móviles, en casas al tipo de mercado y viviendas subsidiadas. El Departamento de Justicia seguirá persiguiendo estos casos por todo el país y, en su caso, colaborará con asociaciones federales, estatales y locales para llevar a los responsables a la justicia.

La ley federal de Vivienda Justa prohíbe la discriminación en la vivienda por motivos de raza, color de piel, religión, origen nacional, género, discapacidad o estado familiar. Para más información acerca de la División de Derechos Civiles y las leyes que hace cumplir, vaya a http://www.justice.gov/crt-espanol.

Cualquier individuo en Massachusetts que cree haber sido víctima de acoso sexual o de otro tipo de discriminación en la vivienda en propiedades que pertenecen o que son administradas por dos Santos, o que tenga información adicional que podría ser relevante a este caso, puede comunicarse con la Unidad de Derechos Civiles de la Fiscalía Federal llamando al 888-221-6023 o enviando un correo electrónico a [email protected].

Personas por todo el país pueden informar a la División de Derechos Civiles del Departamento de Justicia de casos de acoso sexual y otras formas de discriminación en la vivienda llamando al (800) 896-7743 o entregando un informe en línea.

Descargar la demanda  (en inglés)

“Early this morning law enforcement officers, executing a fugitive warrant issued by this office, exchanged gunfire with suspect Andre Sterling, who was wanted for shooting a Massachusetts State Trooper last week. Two Deputy U.S. Marshals were shot and are now hospitalized. Sterling is dead.

At a time of constant, opportunistic, and absurd anti-police rhetoric, this is today's reminder of the sacrifices law enforcement officers make every day to keep us safe.”

BOSTON – A Rhode Island man was sentenced today in connection with a conspiracy to launder funds derived from business email compromise (BEC) schemes, including one that targeted a Dorchester, Mass. real estate attorney.    

Sayon Balogun a/k/a “Oshine,” 32, a dual citizen of the United States and Nigeria, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 42 months in prison and three years of supervised release. He was also ordered to pay $434,832 in restitution. Balogun was initially charged by criminal complaint on May 31, 2019, and arrested in Florida on June 10, 2019.

In January 2018, Balogun’s co-conspirators gained access to email accounts belonging to a Massachusetts attorney engaged in real estate closings. The co-conspirators then mimicked (spoofed) the real estate attorney’s email account and sent emails to a Massachusetts resident who was the purchaser in a legitimate real estate transaction. The spoofed emails directed the Massachusetts real estate purchaser to wire transfer $531,981 (which the purchaser believed was for a legitimate real estate transaction) to the Wells Fargo account of a California woman, who in turn sent $60,000 to an account in the name of “David Tecum,” a fraudulent identity used by one of Balogun’s co-conspirators, Oghenetchouwe Adegor Ederaine, Jr. This account, and others, were opened by Ederaine to receive fraudulent proceeds at Balogun’s direction.

Ederaine pleaded guilty to aggravated identity theft and money laundering conspiracy and was sentenced to 40 months in prison.   

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The United States Attorney’s Office and the FBI in the Southern District of Florida provided valuable assistance. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Securities, Financial & Cyber Fraud Unit prosecuted the case.

BOSTON – A Lynn man was sentenced yesterday for his role in an online romance scam that robbed elder victims of more than $180,000.

Fortune Aikorogie, a/k/a Imuetinyan Aikorogie, a/k/a Fortune Aikoriogie, a/k/a Imuetinyan Aikoriogie, 33, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to one year and one day in prison and three years of supervised release. He was also ordered to pay $66,767 in restitution to two victims and to forfeit $75,500. Aikorogie pleaded guilty to one count of making a false statement to a bank, five counts of money laundering and one count of visa and passport fraud. In March 2019, Aikorogie was charged by indictment.

Aikorogie, a naturalized citizen from Nigeria, served as a “catcher” in an online romance scam that robbed elder victims of more than $180,000. A catcher opens bank accounts using fake identity documents, quickly withdraws funds deposited by unwitting victims and transfers the money to co-conspirators. Aikorogie used counterfeit foreign passports to open bank accounts in fake identities, quickly withdrew funds wired into those accounts by duped victims, and transferred the money to others, including a Nigerian man he did not know whom he met at a mall, with the understanding that the money was going to Nigeria. At least some of Aikorogie’s victims were led to believe that their money was going to men who had wooed them online, professing their love and even going so far as to propose marriage.

The victim, now 72 years of age, was a widow with advanced Parkinson’s disease. A fraudster contacted her over Facebook and began wooing her online and over the phone. He repeatedly told the victim that he loved her and said he had a son, whom he put on the phone to chat with the victim. The fraudster claimed to be a building engineer living in Florida and that he had been awarded a construction contract in Malaysia. After allegedly arriving in Malaysia, he began asking the victim for money for various reasons, including to pay foreign taxes, help with equipment repair, and to cover his hospital bills when he fell ill. This fraudster asked the victim to wire money to a bank account that Aikorogie had opened in the fake name of “Tinashi Chipo” using a counterfeit Zimbabwean passport sent to him by a man in Nigeria. From October to November 2016, the victim wired $55,000 into this account. Aikorogie promptly withdrew the money in cash and gave it to co-conspirators.

A second victim, now 79 years of age, was a divorced retiree who lived alone. Her only income was Social Security and a small pension. A fraudster contacted her over Facebook and began wooing her online and over the phone. He claimed to be a widower in Pennsylvania with a college-age daughter. He told the victim that he was traveling to Malaysia for work. After allegedly arriving in Malaysia, he began asking the victim for money for various reasons, including to help pay medical bills and taxes. The victim sent money using Western Union and MoneyGram. The fraudster told the victim that he needed additional money and persuaded her to sell her house, saying he would also sell his home and they would marry and buy a house together when he returned to the United States. The victim sold her house and, in December 2016, wired $20,500 of the proceeds to the “Tinashi Chipo” account opened by Aikorogie. Aikorogie promptly withdrew the money in cash and gave it to co-conspirators.

Aikorogie used counterfeit foreign passports in fictitious names to open three additional bank accounts. Altogether, seven victims wired a total of $188,600 into Aikorogie’s accounts in just six months. Federal agents found five additional counterfeit passports in different names at Aikorogie’s apartment and the address where he received his mail.

United States Attorney Andrew E. Lelling; William B. Gannon, Special Agent in Charge of the U.S. State Department’s Diplomatic Security Service, Boston Field Office; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Christine Wichers of Lelling’s Criminal Division prosecuted the case.

The Justice Department’s extensive and broad-based efforts to combat elder fraud seek to halt the billions of dollars senior lose to fraud schemes. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This hotline, managed by the Justice Department’s Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed daily from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.

BOSTON – National durable medical equipment manufacturer Joint Active Systems, Inc. (JAS) has agreed to pay $1.5 million, and orthotics and prosthetics clinic chain New England Orthotics & Prosthetics, LLP (NEOPS) has agreed to pay $90,000, to resolve allegations that they violated the False Claims Act by improperly charging the government for custom fabricated orthotics. NEOPS, which has locations throughout New England and New York, filed for bankruptcy in 2017, and is now under new ownership. 

“Joint Active Systems and New England Orthotics & Prosthetics engaged in multiple calculated schemes to enrich themselves by submitting false claims to government healthcare programs and overcharging the government for their devices,” said United States Attorney Andrew E. Lelling. “Today’s result is another example of this office’s commitment to take action against health care providers that defraud the government and American taxpayers.”

“Submitting claims to government health insurance programs for unnecessary devices drains resources from legitimate patient care,” said Phillip Coyne, Special Agent in Charge, Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to hold those accountable that seek to enrich themselves at the expense of these taxpayer-funded programs.”

“It is vitally important that we protect our government funded health care programs against fraud of any kind. Today’s settlement is the result of years of hard work by the FBI and our partners to make sure these companies are held accountable for trying to bilk taxpayers for custom fabricated orthotics that were not medically necessary, and not custom made,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will continue to aggressively pursue these cases to protect these important programs for those who really need them.”

The government contends that JAS recruited NEOPS to improperly bill state Medicaid programs in Connecticut, Massachusetts and Rhode Island for JAS devices when JAS did not have participation agreements with those programs. The federal government jointly finances those Medicaid programs. Under the arrangement, NEOPS billed those programs for JAS devices as custom-fabricated orthotics when the devices were neither orthotics nor custom-fabricated, and when custom-fabricated devices were not medically necessary. As part of the arrangement, NEOPS claimed to the Medicaid programs that it treated the patients receiving the JAS devices when, in fact, JAS-affiliated sales representatives measured, fitted and delivered the devices to the patients. The JAS-affiliated sales representatives lacked the training and certifications necessary to provide custom-fabricated orthotics under certain state regulations. After submitting false claims for the devices, NEOPS received reimbursement from the Massachusetts, Connecticut and Rhode Island Medicaid programs, and remitted a portion of that reimbursement back to JAS. Through this arrangement, NEOPS often made hundreds of dollars per patient, despite providing no treatment. 

The government also contends that JAS billed the Medicare program for custom-fabricated orthotics when the devices which JAS billed to Medicare did not qualify as orthotics.  JAS did this despite having received coding guidance from a Medicare contractor that the devices did not meet Medicare’s definition of “orthotic.”

Lastly, the government contends that JAS overcharged the Department of Veterans Affairs (VA) for its devices under the terms of a contract that it entered into with the VA. The contract required JAS to sell its devices to the VA at a substantially better price than JAS offered to any commercial customer. Despite the contract’s terms, JAS knowingly failed to provide the VA with discounts that JAS provided to other commercial customers. As a result, JAS charged VA medical centers nationwide more for its devices—300% more in many instances—than the contract required.

“Companies who overcharge VA despite their contractual obligation to the contrary undermine VA’s procurement processes,” said VA OIG Special Agent in Charge Christopher F. Algieri, Northeast Field Office. “This settlement underscores VA Office of Inspector General’s commitment to working with our law enforcement partners to safeguard the integrity of VA’s programs and operations.” 

“Ensuring the integrity of TRICARE, the healthcare system for military members and their families, is a top priority for the Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “Today's settlement is the result of our commitment to work with the United States Attorney's Office and our law enforcement partners to investigate the submission of false claims.”

Two former NEOPS employees brought allegations against JAS and NEOPS as part of a whistleblower lawsuit. Under the qui tam provisions of the False Claims Act, private individuals, known as relators, can sue on the government’s behalf for false claims and share in any recovery.  In connection with today’s announced settlement, the relators will receive 17 percent of the recovery.

U.S. Attorney Lelling, HHS OIG SAC Coyne, FBI Boston SAC Bonavolonta, VA OIG SAC Algieri and DCIS SAC Hegarty made the announcement today. This matter was handled by Assistant U.S. Attorneys Brian M. LaMacchia and Evan Panich of Lelling’s Affirmative Civil Enforcement Unit.

Six men were charged in an indictment unsealed on Wednesday for their alleged participation in a nation-wide scheme to defraud dozens of businesses across the United States of luxury goods and services announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department's Criminal Division and U.S. Attorney Andrew Lelling of the District of Massachusetts. 

Antonio Strong, 28, Herbert Wright, 24, Joseph Williams, 28, Steven Hayes Jr., 27, Demario Sorrells, 34, and Terrence Bender, 28, all from the greater Chicago, Illinois area, were charged with one count of conspiracy to commit wire fraud.  In addition, Strong was charged with nine counts of aggravated identity theft and four counts of wire fraud; Williams was charged with three counts of aggravated identity theft; Wright, Bender, and Hayes were each charged with two counts of aggravated identity theft; and Sorrells was charged with one count of aggravated identity theft. 

On Sept. 14, 2020, Strong was arrested and detained by a federal judge in the Northern District of Illinois; on Nov. 24, 2020, Williams self-surrendered in the Northern District of Illinois and was released on bond; on Nov. 19, 2020, Sorrells and Hayes were arrested in the Northern District of Illinois and released on bond; on Dec. 2, 2020, Bender self-surrendered in the Northern District of Georgia and was released on bond; and Wright self-surrendered today in the Central District of California. The defendants will make an initial appearance before U.S. Magistrate Judge Katherine A. Robertson in the District of Massachusetts on Dec. 7, 2020.

The indictment alleges that the defendants, often presenting themselves as musicians and promoters, engaged in a nation-wide scheme to defraud businesses and individuals across the United States of goods and services by using fraudulently obtained credit card account information.  These goods and services included trips on private jets, private yacht charters, private chef and security guard services, designer puppies, limousine and chauffer services, and commercial airlines flights, among other things.  The defendants allegedly used pseudonyms, including the names of other real persons, and purported to be from real and fictitious businesses to perpetuate the scheme and for the conspiracy to avoid detection from law enforcement.

The indictment further alleges that, because the defendants provided authentic credit card information, the defrauded businesses and individuals processed the transactions and provided the goods and services.  When the actual payment cardholders challenged the transactions as fraudulent, the individuals and businesses who provided the goods and services consequently suffered losses.

An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.    

This case was investigated by the U.S. Secret Service Boston Field Office.  Trial Attorneys Michelle Pascucci and Andrew Tyler of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Steve Breslow of the District of Massachusetts are prosecuting the case.  The Justice Department also acknowledges and thanks the FBI’s Chicago Field Office and the Chicago Police Department for their assistance with this matter.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering charges.

Raekwan Paris, a/k/a “King Debo,” 25, pleaded guilty 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 March 25, 2021.

Paris admitted to his role in a February 2019 shooting of rival gang members and his participation in the Latin Kings drug distribution conspiracy based in the City of New Bedford. In New Bedford, the Latin Kings ran a vast cocaine base distribution network that used multi-unit apartment buildings known as “trap houses” to distribute the narcotics. Members of the Latin Kings dealt drugs in the trap houses, obtaining their supply of cocaine base from co-defendant, and leader of the New Bedford Chapter of the Latin Kings, Jorge Rodriguez, a/k/a “King G.” Evidence developed during the course of the investigation included multiple recordings of Latin Kings members cooking cocaine base, directing violence against rival gang members, meting out discipline, and handling firearms used to protect the Latin Kings’ drug distribution network.

With respect to the shooting, according to court documents, Paris fired multiple gunshots at rival gang members who were observed leaving a Latin Kings trap house. Shortly after the shooting, Paris was captured on a recording made by a cooperating witness admitting to shooting at the rival gang members and firing eight shots but not striking anyone.

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. Paris is the 25th defendant to plead guilty in the case.

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.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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 Lelling’s Criminal Division 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.

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.

BOSTON – An Illinois man was arrested today and charged in federal court in Boston with producing child pornography.

Domenique Dequon Hines, 23, of Crystal Lake, Ill., was charged by criminal complaint with one count of production/attempted production of child pornography. Hines will make an initial appearance tomorrow in federal court in Rockford, Ill.

According to the criminal complaint, Hines and a 14-year-old Massachusetts victim initially met and conversed on Instagram. Thereafter, the two exchanged phone numbers and began communicating via iMessage. A review of the iMessages revealed that Hines informed the victim that he is 23 years old and the victim confirmed her age. It is alleged that thereafter, at Hines request, the victim took sexually explicit photos of herself and sent them to Hines.

According to the criminal complaint, Hines was previously convicted of a child pornography offense in Illinois.

Due to Hines’s prior conviction, the charging statute provides for a mandatory minimum sentence of 25 years and up to 50 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division; and Norfolk County District Attorney Michael Morrissey made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.

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

The details contained in the 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 Canton woman who was previously convicted of embezzling more than $1.3 million from her former employer now faces new fraud charges.

Nicole Lescarbeau (a/k/a Nicole Coulibaly), 53, was arrested today and charged by criminal complaint with one count of bank fraud in connection with a new embezzlement scheme from a different employer. Lescarbeau will appear before U.S. Magistrate Judge David H. Hennessy this afternoon.  

In December 2019, Lescarbeau pleaded guilty to wire fraud, bank fraud and aggravated identity theft and is scheduled to be sentenced on those charges on Dec. 9, 2020 before U.S. District Judge Richard G. Stearns. 

As alleged in today’s charging document, while on pre-trial release for a  prior case, Lescarbeau was hired as an administrator at a small, Brookline-based non-profit organization.  Lescarbeau did not tell the non-profit about her pending indictment and applied for the position using her married name, Nicole Coulibaly, in an effort to conceal the federal charges. As administrator, Lescarbeau’s duties included assisting with certain financial transactions, including preparing checks as directed by the non-profit’s president.

From August 2019 until February 2020, Lescarbeau allegedly used her position to steal funds from the non-profit for her personal use. Specifically, Lescarbeau diverted checks to herself that the non-profit had issued for legitimate business by fraudulently altering the name of the payee on the checks and then depositing them into her personal bank account. It is also alleged that Lescarbeau opened an unapproved PayPal account in the non-profit’s name and made unauthorized transfers directly from the non-profit’s bank account to pay for her personal rent. In total, as a result of this scheme, Lescarbeau embezzled approximately $56,963 from the non-profit’s bank account.

The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release, a fine of $1 million, restitution and forfeiture. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant United States Attorney Justin D. O’Connell of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A Chinese national pleaded guilty today in federal court in Boston to making false statements in connection with his theft of 21 vials of biological research.

Zaosong Zheng, 31, pleaded guilty to one count of making false, fictitious or fraudulent statements. U.S. District Court Judge Denise J. Casper scheduled sentencing for January 6, 2021. According to the terms of the plea agreement, Zheng has agreed to a judicial order of removal from the United States after his sentencing hearing. Zheng was arrested on Dec. 10, 2019, at Boston’s Logan International Airport and charged by criminal complaint.

In August 2018, Zheng entered the United States on a J-1 visa and conducted cancer-cell research at Beth Israel Deaconess Medical Center in Boston from Sept. 4, 2018, to Dec. 9, 2019. On Dec. 9, 2019, Zheng stole 21 vials of biological research, hid them in his luggage, and attempted to take them out of the United States aboard a flight destined for China. Federal officers at Logan Airport discovered the vials hidden in a sock inside one of Zheng’s bags, and not properly packaged. When asked by federal officers whether he was traveling with any biological items or research, Zheng lied and answered “no.” Zheng later admitted he had stolen the vials from a lab at Beth Israel. Zheng stated that he intended to bring the vials to China to use them to conduct research in his own laboratory and publish the results under his own name.

The charge of making false, fictitious and fraudulent statements 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.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Denning, Director of Field Operations, U.S. Customs and Border Protection, Boston Field Office; and William Higgins, Special Agent in Charge of the U.S. Department of Commerce, Office of Export Enforcement, Boston Field Office made the announcement today. Assistant U.S. Attorneys Benjamin Tolkoff and Jason Casey of Lelling’s National Security Unit are prosecuting the case.

BOSTON – Six Chicago-area men have been indicted by a federal grand jury in Springfield with participating in a nationwide wire fraud and identity theft scheme that victimized businesses across the United States.

Antonio Strong, 28; Herbert Wright, 25; Demario Sorrells, 34; Steven Hayes, 28; Joseph Williams, 28; and Terrance Bender, all from the Chicago area, were charged in an indictment unsealed yesterday on one count of conspiracy to commit wire fraud. Strong is also charged with nine counts of aggravated identity theft; Williams is also charged with three counts of aggravated identity theft; Wright, Hayes, and Bender are also each charged with two counts of aggravated identity theft; and Sorrells is also charged with one count of aggravated identity theft.  

On Sept. 14, 2020, Strong was arrested in Chicago and detained by a federal judge; on Nov. 24, 2020, Williams self-surrendered in Chicago and was released on bond; on Nov. 19, 2020, Sorrells and Hayes were arrested in Chicago and released on bond; on Dec. 2, 2020, Bender self-surrendered in Atlanta and was released on bond; and Wright self-surrendered today in the Central District of California. The defendants will make initial appearances in federal court in Springfield on Dec. 7, 2020.  

According to the indictment, Strong is a promoter of rap artists, Wright is a rap artist known as “G Herbo,” and Williams is a rap artist known as “Rockstar Rodie.” From approximately March 2016 until the present, the defendants allegedly conspired to defraud numerous businesses and individuals throughout the United States by using unauthorized and stolen payment card account information to obtain valuable goods and services. Specifically, they purchased private jet charters, private yacht charters, exotic car rentals, luxury hotel and vacation rental accommodations, private chef and security guard services, designer puppies, limousine and chauffer services, commercial airline flights, consumer goods, and meals, among other things. 

It is alleged that the defendants and their co-conspirators generally provided authentic payment card information, such as the actual cardholders’ names, addresses, payment card account numbers, security codes and account expiration dates, to defraud businesses and individuals who successfully processed the transactions and provided the goods and services.  The actual cardholders discovered these transactions on their accounts and disputed the charges, resulting in payment card companies reversing payments and charging back the transactions to the businesses and individuals, who consequently suffered financial losses. 

The wire fraud conspiracy and substantive wire fraud charges provide for a sentence of up to 20 years in prison, up to five years of supervised release and a fine of $250,000. The aggravated identity theft charges provide for a mandatory two years in prison consecutive to any other sentence imposed. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.   

United States Attorney Andrew E. Lelling and Frederick Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case with Trial Attorneys Michelle Pascucci and Andrew Tyler of the Justice Department’s Criminal Division’s Fraud Section.

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

BOSTON – A Cambridge man pleaded guilty today in federal court in Boston to child pornography offenses.

Robert Wharton, 31, pleaded guilty to one count of receiving child pornography and one count of possessing child pornography. U.S. District Court Chief Judge Dennis Saylor IV scheduled sentencing for April 2, 2021. Wharton was arrested and charged on July 30, 2020.

Federal investigators developed evidence that a user of the Kik messaging application had electronically transmitted funds to another individual in exchange for access to internet links containing child pornography. The investigation revealed that those funds originated from Wharton and that Wharton resided in an apartment in Cambridge. During a search of Wharton’s apartment, Kik messages that Wharton had exchanged with the person to whom he had sent funds were discovered. In addition, various images and videos depicting naked children were found on Wharton’s phone, including a pornographic video that Wharton had received via the Telegram messaging application; this video depicts a young child performing oral sex on an adult.

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

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division made the announcement today. The Cambridge Police Department provided valuable assistance along with the Arlington, Newton and Revere Police Departments and the Massachusetts Department of Correction. Assistant U.S. Attorney Bill Abely, Chief of Lelling’s Major Crimes Unit, is prosecuting the case.

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

BOSTON – A Boston man was sentenced today in federal court in Boston for conspiring to deal firearms illegally.

Charles A. Slayden Jr., 26, was sentenced by U.S. District Court Judge Denise J. Casper to 15 months in prison and three years of supervised release, during which time he will be subject to associational and geographic restrictions. In August 2020, Slayden pleaded guilty to one count of conspiracy to deal in firearms without a license. In June 2019, Slayden was charged along with co-defendant Levenson Merilus, 29, of Randolph, who previously pleaded guilty and is scheduled to be sentenced on Feb. 11, 2021.

Slayden and Merilus conspired to purchase firearms from a licensed dealer and re-sell them for profit to individuals in Boston. In furtherance of this conspiracy, Merilus purchased at least seven guns from a licensed dealer, falsely claiming to be purchasing them for himself.

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today.

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

BOSTON – A member of the North Shore Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to drug distribution charges.

Jesus Diaz, a/k/a “King Kiko,” 37, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute cocaine base, also known as “crack” cocaine. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for March 24, 2021. Diaz was charged in December 2019, at which time he was in custody for another pending case in Massachusetts state court.

The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. 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.

During the plea proceedings, Diaz admitted to selling a cooperating witness over 70 grams of cocaine base, or “crack” cocaine, in a series of audio/video recorded sales that took place between January and March of 2015. 

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. Diaz is the 24th defendant to plead guilty in the case.

The charge of conspiracy to distribute controlled substances provides for a sentence of up to 20 years in prison, a minimum of three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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 Lelling’s Criminal Division 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.

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.

BOSTON – The former leader of the Fitchburg Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced today in federal court in Boston.

Marlon Rivera, a/k/a “King Pluto,” 36, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 42 months in prison and three years of supervised release. In August 2020, Rivera pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. Rivera was serving a related state sentence when he was charged in December 2019.

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 addition to his membership in the Latin Kings, Rivera founded the Devon Street Kings Chapter in Boston, and recently was the Inca, or leader, of the Fitchburg Chapter of the Latin Kings. Evidence developed during the course of the investigation included recordings of Rivera participating in meetings, discussing business of the enterprise, and possessing cocaine base with intent to distribute.

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. Marlon Rivera is the sixth defendant to be sentenced in the case.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Carol Mici of the Massachusetts Department of Correction. 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 Lelling’s Criminal Division 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.

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.

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

Anthony Baez, 32, was sentenced by U.S. District Court Judge Timothy S. Hillman to 156 months in prison and five years of supervised release. In July 2020, Baez pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base, and 500 grams or more of cocaine; two counts of distribution of 40 grams or more of fentanyl and heroin; two counts of distribution of 100 grams or more of heroin and 40 grams or more of fentanyl; and two counts of distribution of 400 grams or more of fentanyl, 100 grams or more of heroin, and cocaine.

Following a fatal fentanyl overdose in September 2018, law enforcement began investigating a drug trafficking organization in the Fitchburg area and discovered that Baez led the organization along with his father, Pedro Baez. Court-authorized interceptions of phones used by Baez and other members of the drug trafficking organization and its suppliers revealed that Baez worked with his father, co-defendant Monica Troche, and others to distribute a fentanyl and heroin mixture, cocaine and crack cocaine on a regular basis to individuals in the Fitchburg area, some of whom resold all or a portion of those drugs to their own customers. 

According to court records, Baez was responsible for the distribution of over 1.67 kilograms of a deadly fentanyl and heroin mixture, at least 1.5 kilograms of cocaine and at least 10 grams of cocaine base. 

Baez was indicted, along with Pedro Baez, Troche and 15 additional defendants. Baez is the first defendant in this case to be sentenced. Pedro Baez and Troche have pleaded not guilty.  

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. The case was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF). The Fitchburg Police Department, U.S. Postal Inspection Service and the Lunenburg Police Department also provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case. 

This case is part of an 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 man previously residing in Lawrence pleaded guilty today in federal court in Boston in connection with drug trafficking activities involving fentanyl.

Cecilio Guzman, 28, pleaded guilty to one count of distribution and possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Patti B. Saris scheduled sentencing for March 12, 2021. Guzman was charged by complaint and arrested by state authorities on Nov. 20, 2019. He is currently in federal custody.

Guzman arranged to sell 120 grams of fentanyl to a cooperating witness for the government. On Nov. 20, 2019, Guzman met with the witness in Lawrence, sold him the fentanyl, and was subsequently arrested.

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

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. The investigation was conducted with the assistance of the Andover, Haverhill, Lawrence, Lowell and Wilmington Police Departments. Special assistance was provided by the Essex District Attorney’s Office. Assistant U.S. Attorney Stephen Hassink of Lelling’s Narcotics and Money Laundering 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”) pleaded guilty today to racketeering charges.

Issac Felix-Rivera, a/k/a “King Izzy,” 24, pleaded guilty 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 March 18, 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.

Felix-Rivera admitted to his role in the Latin Kings drug distribution conspiracy based in the City of New Bedford, where the gang ran a vast cocaine base distribution network that used multi-unit apartment buildings known as “trap houses” to distribute the narcotics. Members of the Latin Kings dealt drugs in the trap houses, obtaining their supply of cocaine base from co-defendant, and leader of the New Bedford Chapter of the Latin Kings, Jorge Rodriguez, a/k/a “King G.” Evidence developed during the course of the investigation included multiple recordings of Latin Kings members cooking cocaine base, directing violence against rival gang members, meting out discipline and handling firearms used to protect the Latin Kings’ drug distribution network.

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. Felix-Rivera is the 23rd defendant to plead guilty in the case.

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.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field 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 Lelling’s Criminal Division 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.

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.

BOSTON – The former leader of the Boston-based Devon Street Kings Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced today on racketeering charges.

Wilson Peguero, a/k/a “King Dubb,” 29, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 30 months in prison and three years of supervised release. In July 2020, Peguero pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

Named for its origin on Devon Street in Boston, the Devon Street Kings, or D5K Chapter of the Latin Kings, included approximately a dozen members who reported to Peguero, who served as “Inca” or the leader of the Chapter. The Devon Street Kings, in turn, reported to the Massachusetts State Leadership of the Latin Kings, providing information, structure, funds and other resources to further the Latin Kings goals and directives in the state. As described in the court documents, Peguero produced various music videos touting his allegiance to the Latin Kings, distribution of controlled substances and threats against rival gang members. During the investigation, various meetings were covertly recorded in which Peguero and members of the Devon Street Kings discussed the business of the racketeering enterprise. Internally, Peguero was present during meetings where members were beaten and violence against rival gangs was discussed and decided upon.

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. Peguero is the fifth defendant to be sentenced in this case.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Boston Police Commissioner William Gross 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 Lelling’s Criminal Division 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.

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.