District of Massachusetts

BOSTON – A Boston man was charged yesterday with being a felon in possession of a loaded semi-automatic pistol.  

Tyrone Goforth, 40, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Following an initial appearance in federal court in Boston today, Goforth was returned to state custody.

According to the criminal complaint, on July 31, 2020, Goforth possessed a black Sig Sauer P938 9mm semi-automatic pistol, loaded with five rounds of 9mm ammunition. Due to a prior conviction, Goforth is prohibited from possessing firearms, and does not possess a federal license to sell firearms.

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

United States Attorney Andrew E. 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 John Dawley of Lelling’s Organized Crime and Gang Unit is prosecuting the case.

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

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

BOSTON – A Massachusetts man was indicted by a federal grand jury in connection with using fraud and bribery to have his daughter designated as a tennis recruit for Georgetown University.

Amin Khoury, 54, of Palm Beach, Fla. and Mashpee, Mass., was indicted on one count of conspiracy to commit mail fraud and honest services mail fraud and bribery concerning programs receiving federal funds and one count of bribery concerning programs receiving federal funds.

According to the indictment, in May 2014, Khoury agreed to pay Gordon Ernst, who at the time was employed as the head coach of men’s and women’s tennis at Georgetown University, approximately $200,000 through a third-party in exchange for Ernst designating Khoury’s daughter as a purported tennis recruit to Georgetown University, despite the fact that Khoury’s daughter’s tennis skills were below that of a typical Georgetown tennis recruit. 

In December 2014, Georgetown mailed Khoury’s daughter a letter informing her that the Committee on Admissions had reviewed her application at Ernst’s request, and had rated her admission as “likely.” In May 2015, after Khoury’s daughter was formally accepted to Georgetown, Khoury allegedly flew to Massachusetts with $200,000 in cash. Khoury then met with a third-party at his Cape Cod home and gave the third-party $180,000 in cash with the understanding that the money would be given to Ernst, and also provided the third-party with $20,000. The third-party then allegedly drove to Falmouth where he met with Ernst’s spouse and provided her with $170,000 in cash, keeping $10,000 as an additional fee. It is further alleged that Ernst thereafter continued to pursue Khoury to collect the remaining $20,000 that Khoury owed Ernst as part of the recruitment deal. 

Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.

The charge of conspiracy to commit mail fraud and honest services mail fraud and bribery concerning programs receiving federal funds 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’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.

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

BOSTON – Nine current and former Boston Police Officers were arrested today and charged in connection with committing over $200,000 in overtime fraud at the Boston Police Department’s evidence warehouse.

Lieutenant Timothy Torigian, 54, of Walpole; Sergeant Gerard O’Brien (retired), 62, of Braintree; Sergeant Robert Twitchell (retired), 58, of Norton; Officer Henry Doherty (retired), 61, of Dorchester; Officer Diana Lopez (retired), 58, of Milton; Officer James Carnes (retired), 57, of Canton; Officer Michael Murphy, 60, of Hyde Park; Officer Ronald Nelson (retired), 60, of Jamaica Plain; and Officer Kendra Conway, 49, of Boston, were each charged in an indictment unsealed today with one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. The defendants will make initial appearances via videoconference in federal court in Boston later today.

“I am a strong supporter of the police, especially in these difficult times. But all must be treated equally under the law, regardless of wealth, power or station,” said United States Attorney Andrew E. Lelling. “These officers are charged with stealing taxpayer money, year after year, through fraud. Beyond the theft of funds, this kind of official misconduct also erodes trust in public institutions, at a time when that trust is most needed. I want to thank Commissioner Willie Gross for his cooperation in this case, and the BPD’s Anti-Corruption Unit for its assistance.”

“As law enforcement officers, we have a tremendous responsibility to the public we serve, and therefore must be held to the highest standards of trust and integrity. These police officers are accused of breaking that trust by conspiring to steal hundreds of thousands of dollars to increase their paychecks,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “They are the anomaly from the honest and hard-working men and women of the BPD. We’d like to thank Commissioner Gross and his department for their invaluable assistance in putting an end to this systemic practice and helping us root out these individuals who we believe decided to take advantage of their positions for their own personal gain.”

“Law enforcement officers are expected to perform their duties honorably and with integrity, not to take advantage of the system for personal gain. Today, the OIG, along with the FBI, arrested nine current and former Boston police officers who allegedly submitted time slips that did not reflect the hours they actually worked. The OIG is committed to fully investigating all allegations concerning violations of public trust,” said Guido Modano, Special Agent in Charge of the Department of Justice Office of the Inspector General New York Field Office. 

“As a result of an investigation, information was uncovered by the Boston Police Department’s Anti-Corruption Unit regarding alleged payroll/overtime abuse by officers assigned to the Evidence Management Unit. The Federal Bureau of Investigation and United States Attorney’s Office became involved with the criminal investigation into the allegations. As a result of the investigation, former and current Boston Police Officers were indicted by a Federal Grand Jury. Pursuant to applicable law, the officers indicted that currently work for the department have been suspended without pay pending the outcome of the case.” Said Police Commissioner William Gross, “The allegations and behavior alleged in today’s indictments is very troubling and in no way reflect the attitudes of the hard-working employees of the Boston Police Department. I hold my officers to the highest standards and expect them to obey all the laws that they have taken an oath to uphold. News of these indictments sends a strong message that this type of behavior will not be tolerated or ignored and can damage the trust my officers have worked so hard to build with the communities we serve.”  

According to the indictment, the defendants were assigned to Boston Police Department’s (BPD) Evidence Control Unit (ECU), where they were responsible for, among other things, storing, cataloging and retrieving evidence at the warehouse. ECU officers were eligible to earn overtime pay of 1.5 times their regular hourly pay rate for overtime assignments. It is alleged that beginning in at least May 2016, the defendants routinely departed overtime shifts two or more hours early but submitted false and fraudulent overtime slips claiming to have worked the entirety of each shift. 

One overtime shift, called “purge” overtime, was focused on reducing the inventory of the evidence warehouse. The shift was supposed to be performed from 4:00 to 8:00 p.m. on weekdays. On days which the defendants claimed to have worked until 8:00 p.m., the warehouse was closed, locked and alarmed well before 8:00 p.m., and often by 6:00 p.m. or before. Despite this, it is alleged that the defendants routinely submitted false and fraudulent overtime slips claiming to have worked from 4:00 to 8:00 p.m. Supervisors, who also left early from this shift, allegedly submitted their own false and fraudulent slips and also knowingly endorsed the fraudulent overtime slips of their subordinates. 

Another shift, called “kiosk” overtime, was available to two ECU officers one Saturday a month from 6:00 a.m. to 2:30 p.m. This shift involved collecting materials, such as unused prescription drugs, from kiosks in each police district in the city and then transporting the materials to an incinerator in Saugus. It is alleged that defendants who performed this overtime shift routinely submitted overtime slips claiming to have worked eight and a half hours when in fact the defendants frequently completed the work and left the shift early, often before 10:00 a.m.

Between May 2016 and February 2019 the defendants allegedly collectively embezzled over $200,000 in overtime pay. According to court documents, Torigian received over $43,000 for overtime hours he did not work; Twitchell, O’Brien and Doherty each received over $25,000 for overtime hours they did not work; Carnes and Lopez each received over $20,000 for overtime hours they did not work; and Murphy, Nelson and Conway each received over $15,000 for overtime hours they did not work. 

From 2016 through 2018, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants. 

The charge of embezzlement from an agency receiving federal funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Lelling, FBI Boston SAC Bonavolonta, DOJ-OIG SAC Modano and BPD Commissioner Gross made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.

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 Methuen man was charged in a superseding indictment yesterday in connection with selling a fentanyl and acetyl fentanyl mixture to an undercover agent on six occasions.

Andi Guerrero-Lara, a/k/a “Manny Sierra,” 22, was charged in a superseding indictment with conspiracy to distribute 400 grams or more of fentanyl and 100 grams or more of acetyl fentanyl as well as distribution and possession with intent to distribute 40 grams or more of fentanyl and 10 grams or more of acetyl fentanyl.

Guerrero-Lara was arrested and charged by criminal complaint with co-defendant Angel Rivera-Valle, a/k/a “Jose Antonio Serrano,” in October 2019. Both defendants have been in custody since.

Guerrero-Lara and Rivera-Valle were subsequently indicted by a federal grand jury on Dec. 18, 2019. Rivera-Valle pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and three counts of distribution of fentanyl. Rivera-Valle is scheduled to be sentenced by U.S. Senior District Court Judge Richard G. Stearns on Sept. 8, 2020.

The defendants were members of a drug trafficking organization operating in the Merrimack Valley area of Massachusetts that regularly sold large quantities of fentanyl.  Between September and October 2019, an undercover agent purchased a fentanyl and acetyl fentanyl mixture from the defendants on six separate dates.          

The charge of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and 100 grams or more of acetyl fentanyl carries a minimum mandatory sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charge of distribution and possession with intent to distribute 40 grams or more of fentanyl and 10 grams or more of acetyl fentanyl carries a minimum mandatory sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distribution and possession with intent to distribute fentanyl and acetyl fentanyl carries a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and 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. Assistance was provided by the Massachusetts State Police and the Andover Police Department. Assistant U.S. Attorney Alathea E. Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

BOSTON – A Hyde Park man was indicted yesterday by a federal grand jury in Boston for the December 2019 armed robbery of a bank in Hyde Park.

Paul Whooten, 56, was indicted on one count of armed bank robbery. He was previously charged by criminal complaint on Feb. 27, 2020 and has since been detained in federal custody.

According to the charging documents, on Dec. 21, 2019, Whooten entered a branch of the Rockland Trust bank on Truman Parkway in Hyde Park wearing black clothing and a mask, brandished what appeared to be a firearm, pointed it at the teller, and said, “Give me all of your money.” The teller filled a bag with cash, and the robber fled on foot. Bank surveillance cameras captured images of the robber wearing a long dark coat, a black reflective jacket, a black knit hat, black sunglasses and gloves. A police officer stationed inside the bank broadcast a description of the robber.

As alleged in the complaint, another police officer saw an individual matching the description of the robber walking down Truman Parkway. The officer issued verbal commands to the robber to drop the weapon and get on the ground. Whooten complied and was apprehended by law enforcement. A black rifle-type BB gun and bag of cash were recovered.

The charging statute provides for a sentence of up to 25 years in prison, five 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 U.S. Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross 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 former leader of the New Bedford Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to drug conspiracy charges.

Xavier Valentin-Soto, a/k/a “King X,” 33, pleaded guilty to conspiracy to distribute cocaine before U.S. Senior District Court Judge Rya W. Zobel, who scheduled sentencing for Dec. 16, 2020. 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.

During the plea proceedings, 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.

Pursuant to the terms of the plea agreement, Valentin-Soto faces a sentence of 65 months in prison and three years of supervised release. 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.

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

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

BOSTON – A Dominican national was arrested and charged today in connection with fraudulently using the identity of a U.S. citizen.

Alexander Villalona Diaz, 34, formerly of Lawrence, was charged with one count of false representation of a Social Security number. Following an initial appearance, Villalona Diaz was detained pending a detention hearing scheduled for Sept. 4, 2020.

According to the charging document, Villalona Diaz used the Social Security number of a U.S. citizen on Aug. 16, 2016 to fraudulently renew a Massachusetts driver’s license and, between September 2012 and June 2018, to apply for MassHealth benefits.

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

United States Attorney Andrew E. Lelling; Michael Shea, 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; William B. Gannon, 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 federal grand jury in the District of Massachusetts returned a second superseding indictment today bringing additional charges against two university athletic officials in the college admissions case.  

The second superseding indictment charges Gordon Ernst, the former Georgetown University tennis coach, with three counts of federal programs bribery and three counts of filing false tax returns and charges Jovan Vavic, former water polo coach at the University of Southern California, with conspiracy to commit federal programs bribery. An arraignment date has not yet been scheduled.

The indictment alleges that in addition to accepting bribes from William “Rick” Singer, Ernst also solicited and received bribes from three other prospective Georgetown applicants. Ernst then failed to report a significant portion of those bribe payments on his federal income tax returns. The second superseding indictment also alleges that Vavic conspired to commit federal programs bribery by soliciting and accepting bribes to facilitate the admission of students to the University of Southern California. The new charges are in addition to those brought in an earlier indictment. 

Singer previously pleaded guilty and is cooperating with the government’s investigation. 

Of the 12 coaches, administrators and employees charged in the initial indictment in March 2019, eight have pleaded guilty or agreed to do so. Defendants Gordon Ernst, Donna Heinel, Jovan Vavic and William Ferguson have pleaded not guilty.

Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.

 The charge of federal programs bribery 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. 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 a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of $100,000. 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; Joleen Simpson, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.

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

BOSTON – A Brazilian national was arrested today and charged in connection with paying bribes to receive contracts for work at a collegiate institution in New York.

Willian Borges, 28, who resides in Fort Lauderdale, Fla., was charged in an indictment unsealed today on one count of conspiracy and three counts of bribery concerning programs receiving federal funds. Borges will make an initial appearance tomorrow in U.S District Court for the Southern District of Florida.

According to the indictment, Borges was a principal of DWD Builders, a general contracting firm, from 2018 to 2019. Floyd Young held positions involving facility maintenance at a New York collegiate institution. It is alleged that Young steered contracts for construction, repair, maintenance, and other work for the collegiate institution to favored contractors, including Borges, who paid him bribes, typically in the amount of 15% of the contract. Borges allegedly paid bribes to Young in cash during face-to-face meetings. In addition, as Borges received payment for work done at the collegiate institution, he paid Young bribes on a periodic basis. Borges also allegedly inflated the amount of the invoices submitted to the collegiate institution in order to be repaid the cost of the bribe payment made to Young. On occasion, Young and Borges arranged for no-work invoices to be submitted to the collegiate institution and then split the payment.

Young pleaded guilty yesterday to conspiracy to receive bribes by agent of organization receiving federal funds, and is scheduled to be sentenced on Feb. 1, 2020.

Borges faces a maximum of five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss for Conspiracy.  For each of the counts charging him with Receiving Bribes, Borges faces a maximum of 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and 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 U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office 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 Connecticut man who held positions involving facility maintenance at three collegiate institutions pleaded guilty today in connection with receiving bribes in exchange for directing contracts to favored contractors.

Floyd Young, 50, of Shelton, Conn., pleaded guilty to one count of conspiracy and three counts of bribery concerning programs receiving federal funds. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 1, 2021. In March 2019, Young was charged by criminal complaint and arrested.

Young held positions involving facility maintenance at three collegiate institutions, including one located in Massachusetts. Young steered contracts for construction, repair, maintenance, and other work for the collegiate institutions to favored contractors who paid him bribes, typically in the amount of 15% of the contract. The contractors inflated the amount of the invoices submitted to the collegiate institutions in order to be repaid the cost of the bribe payment made to Young. In addition, as contractors received payments for work done at the collegiate institutions, they paid Young bribes on a periodic basis. On occasion, Young and the contractors arranged for no-work invoices to be submitted to the collegiate institutions and then split the payment.

Pursuant to the plea agreement, Young has agreed to pay restitution of $919,066 – the amount he received in bribes.

The charging statute provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. 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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – A Brockton man was arrested and charged in connection with assaulting an officer while fleeing a motor vehicle stop. The defendant’s vehicle allegedly dragged the officer for several feet as the defendant fled the scene, eventually crashed head-on into a guardrail on Route 24 at approximately 100 miles per hour, and ran across travel lanes of Route 24 before he was apprehended and placed under arrest.

Tykeam Jackson, 25, was arrested on Friday, Aug. 28, 2020 and charged by criminal complaint with one count of assaulting, resisting or impeding a federal officer. Following an initial appearance, Jackson was detained pending a detention hearing scheduled for Sept. 4, 2020.

As alleged in the charging documents, during the afternoon of July 27, 2020, a deputized federal law enforcement officer stopped Jackson for speeding on Route 28 in Avon and instructed Jackson to exit his vehicle. Instead, Jackson allegedly accelerated the vehicle with such force that the officer was dragged for several feet and thrown to the ground. Jackson then sped away, ignored traffic signals, and drove into oncoming traffic, eventually travelling at a speed of approximately 100 miles per hour in the breakdown lane of Route 24. After attempting to cross all three travel lanes, Jackson lost control of the vehicle and crashed head-on into the guardrail. He allegedly exited the vehicle, ran across the travel lanes of Route 24, and was almost struck several times by oncoming traffic. A Massachusetts state trooper subsequently found Jackson running into and obstructing traffic on a nearby heavily-traveled roadway and placed him under arrest.

According to court documents, Jackson is currently on probation resulting from an armed robbery conviction in Suffolk Superior Court.

For assaulting a federal officer, the charging statute 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and Norfolk County District Attorney Michael Morrissey made the announcement today. The Massachusetts State Police provided assistance with the investigation. Assistant U.S. Attorneys Glenn A. MacKinlay and Sarah B. Hoefle of Lelling’s Organized Crime and Gang Unit are prosecuting the case.

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

The details contained in the complaint 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 arrested on Friday and charged in connection with spray painting swastikas on the JFK Federal Building in Boston.

Gerard Richard Lee, 70, of Boston, was charged by criminal complaint with one count of injuring or depredating government property. Lee will make an initial appearance before U.S. Magistrate Judge Judith Dein this afternoon.

According to the charging documents, on Friday, Aug. 28, 2020, a police officer observed Lee spray paint graffiti, including swastikas, on the air intake stack at the JKF Federal Building in Boston.

The charging statute provides 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 upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Timothy Bane, Regional Director of the Department of Homeland Security’s Federal Protective Service made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A Taunton woman was indicted yesterday by a federal grand jury on cocaine possession charges.

Kiyanna Ambers, 42, was indicted on one count of possessing with intent to distribute 28 grams or more of cocaine base, and cocaine. Ambers was previously arrested and charged by criminal complaint with possession of cocaine on June 29, 2020. 

According to charging documents, Ambers was found in possession of at least 28 grams or more of cocaine on June 29, 2020. Investigators also seized approximately $11,462 from Ambers.

The charge of possession with intent to distribute 28 grams or more of cocaine base provides for a minimum of five years and up to 40 years in prison, a minimum of four years and up to a lifetime 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 Field Division made the announcement today. Assistant U.S. Attorney Lauren A. Graber of Lelling’s Narcotics and Money Laundering Unit is 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 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 Haverhill man was arrested and charged with conspiracy to distribute fentanyl.

Sergio Garcia, 36, was indicted on one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and one count of possession with intent to distribute 400 grams or more of fentanyl. Following an initial appearance yesterday in federal court in Boston, Garcia was detained pending a detention hearing scheduled for Sept. 1, 2020.

According to the indictment, Garcia was in possession of 400 grams or more of fentanyl in Boston and Haverhill from April 20, 2020 to April 23, 2020.

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

United States Attorney Andrew Lelling; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service’s Boston Field Office; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division made the announcement. The Haverhill Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is 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 charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – Two brothers from the Dominican Republic who lived in Lawrence were indicted yesterday in federal court in Boston on fentanyl distribution charges.

Guillermo Aybar-Guerrero, 28, and Luis Aybar-Guerrero, 24, were indicted on one count of conspiring to distribute and to possess with intent to distribute fentanyl and one count of possession with intent to distribute fentanyl. The defendants were previously charged in criminal complaints and arrested in June 2020.

According to charging documents, investigators conducted controlled purchases of fentanyl from Guillermo on June 10 and 17, 2020. On June 25, 2020, investigators set up a third controlled purchase, at which time Guillermo was arrested in possession of approximately 30 grams of suspected fentanyl. It is alleged that Guillermo retrieved these 30 grams of fentanyl from his brother, Luis. A search of Luis’ residence resulted in the seizure of an additional 263 grams of fentanyl as well as a scale, baggies and other drug-distribution paraphernalia.

The charge of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, and possession with intent to distribute of 40 grams or more of fentanyl carry a mandatory minimum sentence of five years and a maximum of 40 years in prison; at least four years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based 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 Field Division made the announcement today. The case is being prosecuted by Lelling’s Narcotics and Money Laundering Unit.  

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 Dennis Port man pleaded guilty yesterday to charges of receipt and possession of child pornography.

Sean Gleason, 36, pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography. U.S. District Court Judge Denise J. Casper scheduled sentencing for Dec. 18, 2020. On Sept. 10, 2019, Gleason was arrested and charged by criminal complaint and has been in custody since.

Following an investigation into the use of a messaging application in the exchange of child pornography, a federal search warrant executed on Sept. 10, 2019 at a residence in Dennis Port revealed hundreds of images of child pornography on Gleason’s cell phone. A full forensic review of the phone revealed at least 498 images and at least one video of child pornography. The cache of child pornography included images depicting the abuse of infants, toddlers and prepubescent minors. 

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

United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Adam W. Deitch 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.

BOSTON – A Connecticut man was charged in connection with paying bribes to receive contracts for work at three collegiate institutions, including one located in Massachusetts.

Stephen Dinapoli, 40, of Wilton, Conn., was indicted on one count of conspiracy and two counts of bribery concerning programs receiving federal funds. Dinapoli was arraigned in federal court in Springfield this afternoon.

According to the indictment, Dinapoli was the principal of Big East Environmental, an environmental consulting firm, from 2013 to 2019. Floyd Young held positions involving facility maintenance at three collegiate institutions, including one located in Massachusetts. It is alleged that Young steered contracts for construction, repair, maintenance, and other work for the collegiate institutions to favored contractors, including Dinapoli, who paid him bribes, typically in the amount of 15% of the contract. Dinapoli allegedly paid bribes to Young in cash during face-to-face meetings. In addition, as Dinapoli received payment for work done at the collegiate institution, he paid Young bribes on a periodic basis.

Young was previously charged with conspiracy to receive bribes by agent of organization receiving federal funds, and is scheduled to plead guilty on Aug. 31, 2020.

On the charge of conspiracy, Dinapoli faces 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. For each count of paying bribes, Dinapoli faces 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.  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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office 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.

An American man was indicted today in connection with exploiting teenage boys in Laos.

Michael Sebastian, 52, was indicted on three counts of engaging in illicit sexual conduct in foreign places and three counts of sex trafficking of children.  Sebastian was charged by criminal complaint and arrested on July 7, 2020 in Lynn, Massachusetts.  Sebastian was released on conditions including home incarceration in Ashby following a detention hearing on July 31, 2020.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling of the District of Massachusetts, and Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office made the announcement.

According to the charging documents, Sebastian was living in Laos, where he taught English to Laotian youth.  During at least the past two years, Sebastian provided housing to at least three boys, aged 13 to 18, to whom he taught English.  In lieu of paying rent to live with him, Sebastian allegedly allowed the boys to pay off their rent by performing chores.  According to the charging documents, these chores included giving Sebastian massages – which, in turn, included masturbating Sebastian.

The FBI’s Washington D.C. Field Office and the Bangkok, Thailand Field Office provided assistance with the investigation.  Trial Attorney Leslie Fisher of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Anne Paruti, U.S. Attorney Lelling’s Project Safe Childhood Coordinator, are 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 Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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

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 – An American man was indicted yesterday in connection with exploiting teenage boys in Laos.

Michael Sebastian, 52, was indicted on three counts of engaging in illicit sexual conduct in foreign places and three counts of sex trafficking of children. Sebastian was charged by criminal complaint and arrested on July 7, 2020 in Lynn. Sebastian was released on conditions including home incarceration at a residence in Ashby following a detention hearing on July 31, 2020.

According to the charging documents, Sebastian was living in Laos, where he taught English to Laotian youth. During at least the past two years, Sebastian provided housing to at least three boys, aged 13-18, to whom he taught English. In lieu of paying rent to live with him, Sebastian allegedly allowed the boys to pay off their rent by performing chores. According to the charging documents, these chores included giving Sebastian massages – which, in turn, included masturbating Sebastian.

The charge of engaging in illicit sexual conduct in foreign places provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $250,000. The charge of sex trafficking of children provides for a mandatory minimum sentence of 10 years (and 15 years where the minor victim is under 14 years of age) and up to life in prison, five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Acting Assistant Attorney General for the Justice Department’s Criminal Division Brian C. Rabbitt; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. The FBI’s Washington DC Field Office and the Bangkok, Thailand Field Office provided assistance with the investigation. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood coordinator, and Leslie Fisher, a Trial Attorney in the Justice Department’s Child Exploitation and Obscenity Section, are 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.

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 – An Uxbridge doctor pleaded guilty yesterday to conspiring to prescribe an amphetamine for reasons other than legitimate medical purposes.

Leslie Caraceni M.D., 58, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute Adderall and three counts of distributing and dispensing Adderall. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Dec. 15, 2020.

Caraceni was indicted in November 2018 with Rene Ruliera, 52, of Southborough, who pleaded guilty in August 2019 and is scheduled to be sentenced on Sept. 8, 2020. Co-conspirator Meghan Giacomuzzi, 37, of Whitinsville, pleaded guilty in February 2019 and is scheduled to be sentenced on Nov. 17, 2020.

Between March 2016 and February 2018, Caraceni, Ruliera and Giacomuzzi conspired to distribute Adderall, an amphetamine, for reasons other than for a legitimate medical purpose and not in the usual course of medical practice. Caraceni hired both Ruliera and Giacomuzzi to work at her medical practice in Framingham and later in Whitinsville, and enlisted both in a conspiracy to sell and distribute Adderall to individuals who had not been medically examined or given a clinical diagnosis to warrant a prescription. Office visitors met with either Ruliera or Giacomuzzi, discussed their desired prescription, paid for their office visit and left with a signed prescription for Adderall. Office visits lasted just minutes and each such visit cost approximately $200, payable in cash or through a credit card or debit card. Caraceni collected the cash from the office or received funds through deposits to her bank account.    

Caraceni provided Ruliera and Giacomuzzi with blank prescription pads and explained how to fill out prescriptions for sale. Electronic communications between Caraceni, Ruliera and Giacomuzzi documented Caraceni’s knowledge of the prescriptions written by Ruliera and Giacomuzzi, the number of office visitors seen in her absence and the profits resulting from their sale of prescriptions to those visitors. Between November 2015 and July 2018, records from the Massachusetts Prescription Monitoring Program show that well over 1,500 prescriptions for Adderall—amounting to over 110,000 pills—were filled in Massachusetts based on Caraceni’s prescriptions.  

Each charge provides a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Uxbridge Police Chief Marc Montminy; and Southborough Police Chief Kenneth Paulhus made the announcement. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

Emanuel Lopez-Velez, a/k/a “King Manny,” 22, 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 Dec. 10, 2020. Lopez-Velez was arrested and charged in December 2019, at which time he was a probationary member of the New Bedford Chapter of the Latin Kings.

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.

As detailed during the plea hearing, Lopez-Velez admitted that on Sept. 30, 2019, he was one of multiple members of the Latin Kings who travelled to Ruth Street and McGurk Street in New Bedford in order to confront and rob rival gang members, and was provided with a firearm to do so by another member of the gang. The Latin Kings members approached one of the rival gang members, surrounded him, pointed a firearm at the victim and demanded the victim’s phone. During the gunpoint robbery, the victim ran from the Latin Kings, and Lopez-Velez was ordered by another to “get him.” Lopez-Velez chased the rival gang member and fired one shot, hitting the victim in the back. The victim fell to the ground and was transported to the hospital, where he was treated and ultimately survived the incident.

In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Lopez-Velez is the ninth 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. 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.

BOSTON – A Dominican national pleaded guilty today to unlawful re-entry of a deported alien. After reentering the United States within months of being removed, the defendant was charged with a heroin-related offense and was in possession of a phone that had been used in a drug transaction with an individual who died of an apparent overdose. 

Joel Perez Matos, 35, who resided in Boston, pleaded guilty to unlawfully re-entering the United States after being deported. Perez Matos will be sentenced by U.S. District Court Judge Indira Talwani on Nov. 19, 2020. He has been detained since his arrest in April 2020 and will be subject to deportation following his sentence.   

Perez Matos unlawfully re-entered the United States after being deported in December 2019. He had previously been removed in February 2016, and had unlawfully returned to the United States later that year. 

On March 22, 2020, within a few months of having been removed from the United States, Perez Matos was arrested by local law enforcement in Stow and charged with a heroin-related offense. At the time of his arrest, Perez Matos was in possession of a cell phone that had been used the previous day to set up a drug transaction with a Massachusetts resident. On March 22, 2020, that resident died of an apparent drug overdose. When arrested, Perez Matos presented police with an out-of-state driver’s license in a fake name.

Perez Matos faces 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 on the United States Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Todd Lyons, Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Boston, made the announcement today. The Stow Police Department also provided valuable assistance.  Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.

BOSTON – A Lawrence resident pleaded guilty today to sexually exploiting two children under four years of age.

Jakob Nieves, who also goes by the name Dakota, 20, pleaded guilty to two counts of sexual exploitation of children, one count of distribution of child pornography and one count of possession of child pornography. U.S. District Court Judge Denise J. Casper scheduled sentencing for Dec. 16, 2020. In September 2019, Nieves was indicted and has been detained since being arrested on Aug. 14, 2019.

As part of an investigation into the use of Kik messenger for the trade of child pornography, an undercover agent communicated with Nieves via Kik. During the course of those communications, Nieves sent the undercover agent images and videos that Nieves produced, depicting Nieves sexually abusing a child.

When law enforcement executed a search warrant at Nieves’ home on Aug. 14, 2019, Nieves admitted to distributing images and videos of child pornography to a user Nieves “met” in a Kik group geared toward individuals interested in pedophilia. Forensic analysis of Nieves’ cell phone revealed pornographic images and videos of two children known to Nieves, both of whom were under the age of four, as well as thousands of child pornography images depicting victims personally unknown to Nieves.

The charge of sexual exploitation of children provides for a minimum mandatory sentence of 15 years and up to 30 years in prison. The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of up to 20 years in prison. Each charge provides for a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon 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 U.S. Attorney Anne Paruti, Lelling’s Project Safe Coordinator and member of the 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/.

BOSTON – A Holyoke man pleaded guilty yesterday in federal court in Springfield to distributing heroin.

Luis Garcia-Figueroa, 20, pleaded guilty to eight counts of distributing and possessing with intent to distribute heroin. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Dec. 22, 2020. 

Garcia-Figueroa possessed with the intent to distribute and distributed heroin on eight occasions between October 2019 and Jan. 15, 2020. 

The case was the result of an investigation into heroin trafficking in Holyoke.

The charging statute provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine $1 million on each count. 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 in New England; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Holyoke Police Chief Manny Febo made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.

Yesterday, the Department of Justice filed a Statement of Interest in the Supreme Judicial Court in the Commonwealth of Massachusetts to help ensure that uniformed service members serving their country away from home, their family members absent with them, and American citizens living overseas have the opportunity to participate fully in Massachusetts’s 2020 federal general election. The brief is part of the Department of Justice’s continued efforts to enforce the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

“Our filing reflects the Justice Department’s unwavering commitment to ensuring that military and overseas voters are afforded a meaningful opportunity to participate in federal elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We will continue to ensure that the ability of our brave men and women serving in the military and our citizens residing overseas to participate fully in all federal elections is not infringed.”  

“We are committed to protecting the rights of Massachusetts men and women serving our country and our citizens living overseas, including ensuring that their votes are counted and so their voices heard,” said Andrew E. Lelling, U.S. Attorney for the District of Massachusetts.

The lawsuit in question, filed by private plaintiffs, involves a challenge to the absentee ballot receipt deadline for Massachusetts’s upcoming federal primary election on Sept. 1.  The plaintiffs have asked the court to extend the ballot receipt deadline until Sept. 11.

The department’s brief explains that UOCAVA requires states to transmit absentee ballots to military and overseas voters who have requested them at least 45 days before any federal election. Massachusetts needs sufficient time after the Sept. 1, primary election to certify and finalize the ballots so that the local election clerks will be able to send the military and overseas absentee ballots by Sept. 19, which is UOCAVA’s 45-day deadline for the Nov. 3, federal general election. The brief does not take a position on whether the court should adjust the ballot receipt deadline, nor does it take a position on the merits of plaintiffs’ claims. But the brief notes that any adjustment to the ballot receipt deadline should allow Massachusetts time to comply with UOCAVA to avoid the real possibility of disenfranchising military and overseas voters for the Nov. 3, 2020 election.

UOCAVA requires states to allow uniformed service voters serving away from home (those serving both overseas and within the United States) and their families who are absent with them, and American citizens residing overseas, to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made significant amendments to UOCAVA. Among those changes was a requirement that states transmit absentee ballots to UOCAVA voters who have timely requested ballots, by mail or electronically at the voter’s option, no later than 45 days before federal elections.

More information about UOCAVA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about possible violations of the federal voting rights laws may be reported to the Justice Department’s Civil Rights Division at 1-800-253-3931.

Statement of Interest

BOSTON – The Department of Justice filed a Statement of Interest yesterday in the Supreme Judicial Court in the Commonwealth of Massachusetts to help ensure that uniformed service members serving their country away from home, their family members absent with them and American citizens living overseas have the opportunity to participate fully in Massachusetts’s 2020 federal general election. The brief is part of the Department of Justice’s continued efforts to enforce the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

“We are committed to protecting the rights of Massachusetts men and women serving our country and our citizens living overseas, including ensuring that their votes are counted and so their voices heard,” said Andrew E. Lelling, United States Attorney for the District of Massachusetts.

“Our filing today reflects the Justice Department’s unwavering commitment to ensuring that military and overseas voters are afforded a meaningful opportunity to participate in federal elections,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “We will continue to ensure that the ability of our brave men and women serving in the military and our citizens residing overseas to participate fully in all federal elections is not infringed.”  

The lawsuit in question, filed by private plaintiffs, involves a challenge to the absentee ballot receipt deadline for Massachusetts’s upcoming federal primary election on Sept. 1, 2020.  The plaintiffs have asked the court to extend the ballot receipt deadline until Sept. 11, 2020.

The brief explains that UOCAVA requires states to transmit absentee ballots to military and overseas voters who have requested them at least 45 days before any federal election. Massachusetts needs sufficient time after the September 1 primary election to certify and finalize the ballots so that the local election clerks will be able to send the military and overseas absentee ballots by Sept. 19, 2020, which is UOCAVA’s 45-day deadline for the Nov. 3, 2020 federal general election. The brief does not take a position on whether the court should adjust the ballot receipt deadline, nor does it take a position on the merits of plaintiffs’ claims. But the brief notes that any adjustment to the ballot receipt deadline should allow Massachusetts time to comply with UOCAVA to avoid the real possibility of disenfranchising military and overseas voters for the Nov. 3, 2020 election.

UOCAVA requires states to allow uniformed service voters serving away from home (those serving both overseas and within the United States) and their families who are absent with them and American citizens residing overseas to register to vote and to vote absentee for all elections for federal office. In 2009, Congress enacted the MOVE Act, which made significant amendments to UOCAVA. Among those changes was a requirement that states transmit absentee ballots to UOCAVA voters who have timely requested ballots, by mail or electronically at the voter’s option, no later than 45 days before federal elections.

More information about UOCAVA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about possible violations of the federal voting rights laws may be reported to the Justice Department’s Civil Rights Division at 1-800-253-3931.

This matter is being handled by Torey B. Cummings of Lelling’s Civil Rights Unit.

BOSTON – A Melrose man has been indicted in connection with his role in an unemployment insurance fraud scheme. 

Alan Neal Scott, 68, was indicted on four counts of mail fraud, one count of wire fraud and five counts of aggravated identity theft. Scott was arrested and charged by criminal complaint in July 2020.

According to the charging documents, over the course of the last six years, Scott submitted numerous fraudulent unemployment insurance claims with the Massachusetts Department of Unemployment Assistance (DUA). Scott submitted these claims using his own identity as well as the identities of various individuals, including some who were not eligible for unemployment benefits as they were incarcerated at the time of the claims and could not have been employed as reported. Moreover, the fraudulent claims all reported prior employment at a non-operational Massachusetts-based business also associated with Scott. As a result of these fraudulent claims, it is alleged that the DUA sent unemployment benefits funds to several addresses connected to Scott and that the funds were deposited into accounts he controlled. The indictment also alleges that Scott submitted fraudulent pandemic unemployment insurance claims in the names of others.

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

United States Attorney Andrew E. Lelling; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigation, New York Regional Office; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service; and Tonya Perkins, Acting Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division made the announcement today. The Commonwealth of Massachusetts, Department of Unemployment Assistance, Program Integrity Unit also provided assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom 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 Charlestown man was arrested yesterday and charged in connection with trafficking in firearms obtained from a straw purchaser in New Hampshire.

Charles Baker, 44, was indicted on one count of dealing in firearms without a license and two counts of being a felon in possession of a firearm. Baker was arrested yesterday morning and made an initial appearance before Magistrate Judge Donald L. Cabell. A detention hearing is scheduled for Aug. 25, 2020.

As alleged in the indictment, Baker dealt in firearms until May 2019. Due to a prior conviction, Baker is prohibited from possessing firearms, and does not possess a federal license to sell firearms.

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

United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division made the announcement. Assistant U.S. Attorney Philip A. Mallard of Lelling’s Organized Crime and Gang Unit is prosecuting the case.

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

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 California insurance and private equity executive has agreed to plead guilty to charges in connection with using fraud and bribery to cheat on the ACT exam on behalf of his daughter.

Mark Hauser, 59, of Los Angeles, Calif., will plead guilty to an Information charging him with one count of conspiracy to commit mail fraud and honest services mail fraud. A plea hearing has not yet been scheduled by the Court.

According to the terms of Hauser’s plea agreement, the government will recommend a sentence of six months in prison, one year of supervised release, a fine of $40,000 and restitution. Hauser is the 29th parent to plead guilty and  the 42nd person overall to plead guilty in this case. 

As set forth in the charging document, Hauser agreed with William “Rick” Singer to pay an amount, ultimately totaling $40,000, to facilitate cheating on his daughter’s ACT exam. As part of the scheme, co-conspirator Mark Riddell traveled to Houston, Texas, where Hauser’s daughter took the exam, and purported to proctor the test. Instead, Riddell corrected the answers on the exam after she completed it. Two days later, Singer paid an intermediary, Martin Fox, $25,000, with the understanding that Fox would pass part of the payment on to Niki Williams, the test site administrator who allowed the cheating to occur. Singer also paid Riddell $10,000 for his role in the scheme. 

Singer, Riddell and Fox have previously pleaded guilty and are cooperating with the government’s investigation. Williams has agreed to plead guilty. The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.

The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.

BOSTON – Lori Loughlin and Mossimo Giannulli were sentenced to two months and five months in prison, respectively, in connection with securing the fraudulent admission of their two daughters to the University of Southern California (USC) as purported athletic recruits.

Loughlin, 56, of Los Angeles, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to two months in prison, two years of supervised release during which time she must complete 100 hours of community service and ordered to pay a fine of $150,000. Giannulli, 57, was sentenced by Judge Gorton to five months in prison, two years of supervised release during which time he must complete 250 hours of community service and ordered to pay a fine of $250,000.

In May 2020, Loughlin entered a plea of guilty to one count of conspiracy to commit wire and mail fraud and Giannulli entered a plea of guilty to one count of conspiracy to commit wire and mail fraud and honest services wire and mail fraud.

In 2016, Loughlin and Giannulli agreed to have William “Rick” Singer facilitate their older daughter’s admission to USC as a purported crew recruit. In an August 2016 email, Singer told Loughlin and Giannulli that he would “create a coxswain profile.” Giannulli emailed Singer a picture of his older daughter purporting to row on an ergometer for inclusion in the falsified profile.

Giannulli further agreed to make purported charitable contributions totaling $250,000 as a quid pro quo to facilitate his daughter’s fraudulent admission to USC. Giannulli caused $50,000 to be paid to an account belong to the USC athletics administrator and paid $200,000 to Singer’s sham charity, Key Worldwide Foundation (KWF). Giannulli forwarded the invoice from KWF to his financial advisor writing: “Good news my daughter [ ] is in [U]SC . . . bad [news] is I had to work the system.” 

In 2017, Loughlin and Giannulli agreed with Singer to facilitate their younger daughter’s admission to USC as a purported crew recruit even though she too had never participated in the sport. In July 2017, Singer emailed Giannulli and Loughlin telling them he would “build an athletic profile for USC” and noted that he would falsely present her as a coxswain. Shortly thereafter, Giannulli, copying Loughlin, emailed Singer a photograph of their younger daughter on an ergometer. 

In November 2017, Singer emailed Loughlin and Giannulli a “likely letter” stating that their younger daughter had been provisionally admitted to USC as an athletic recruit. Loughlin, copying Giannulli, responded: “This is wonderful news!” 

Thereafter, Giannulli caused $50,000 to be paid to a USC athletic account controlled by the USC athletic administrator and $200,000 to be paid to KWF. Giannulli forwarded the KWF invoice to his financial advisor, noting that it was “the last college ‘donation’ for” his daughter, and asking, “Can’t I write this off?”

Singer has pleaded guilty and is cooperating with the government’s investigation.

Loughlin and Giannulli are the 21st and 22nd parents to be sentenced in the college admissions case.

Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.

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’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Stephen E. Frank and Karin M. Bell of Lelling’s Criminal Division are prosecuting the case.

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

BOSTON – A Texas man was indicted yesterday by a federal grand jury in connection with possession of 30 kilograms of cocaine.

Javier Robledo Perez, 36, of Houston, Texas, was indicted on one count of possession with intent to distribute five kilograms or more of cocaine. Perez was previously charged by criminal complaint and arrested on May 24, 2020.

As alleged in charging documents, on May 24, 2020, following a traffic stop in Charlton, law enforcement officers seized 30 brick-shaped objects suspected to be kilograms of cocaine from the cab of the semi-truck Perez was driving. Agents conducted field tests on two of the brick-shaped objects, both of which tested positive for the presence of cocaine. 

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

United States Attorney Andrew E. Lelling; 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 today. Lelling’s Narcotics and Money Laundering Unit is 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 complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

“After extensive deliberations, including consideration of the views of the many victims in this case, the Justice Department has decided to ask the Supreme Court to review the First Circuit Court of Appeals’ decision to reverse the death penalty, in an effort to preserve the jury’s verdict sentencing Dzhokhar Tsarnaev to death. Our hope is that this will result in reinstatement of the original sentence and avoid a retrial of the death penalty phase.

First, we respectfully disagree with the merits of the appellate court’s decision. Second, Dzhokhar Tsarnaev is an ideologically driven mass killer who, with his brother, detonated at the finish line of the Boston Marathon two home-made bombs specifically designed to rip people apart, killing three – a young boy and two women – maiming seventeen, and injuring hundreds; shot a police officer three times in the head so they could steal his sidearm; and exchanged thousands of rounds with police officers in Watertown. I have heard, and respect, the voices calling for the Department to drop its pursuit of the death penalty in this case. But the severity of Tsarnaev’s crimes place him in that narrow category of criminals for whom death is a proportional punishment. Some have argued that executing Tsarnaev will not deter others from pursuing similar crimes. But, ultimately, this decision is not about deterrence.  It is about justice.”

BOSTON – A former client relationship manager at Bank of America was arrested and charged today in connection with embezzling $1.5 million from a client company and using a portion of those funds to purchase luxury items.

Waqas Ali, 31, of Abington, was charged in a criminal complaint with wire fraud and money laundering. Ali will make an initial appearance today via videoconference in federal court in Boston.

According to court documents, Ali was the client relationship manager for the victim company, which was a Bank of America client. Ali allegedly opened a checking account in the name of the victim company without its knowledge or authorization, and between September 2016 and July 2017, fraudulently transferred over $1.5 million from the victim company’s accounts to a fraudulent account. 

It is alleged that Ali used over $600,000 of the funds he fraudulently obtained to fund his lifestyle and pay for luxury items, including a Porsche SUV and retail items at Neiman Marcus, Bloomingdales, Christian Louboutin and Tag Heuer. 

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 money laundering provides for a sentence of up to 20 years in prison, three years of supervised release, a $500,000 fine, restitution and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney 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 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A vendor for several Veterans Affairs medical facilities pleaded guilty today to a scheme to profit by billing for, but failing to perform, critical medical gas inspections at VA facilities.

Chester Wojcik, 49, of Agawam, Mass., pleaded guilty to one count of wire fraud. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 19, 2020.

From May 29, 2014, through March 5, 2015, Wojcik, as the owner of Alliance Medical Gas Corporation, engaged in a scheme to defraud the VA by creating false invoices and reports for medical gas inspections that never took place. Medical gas supply systems deliver piped gases, including compressed air, oxygen, nitrous oxide, nitrogen and carbon dioxide to operating rooms, recovery rooms and patient rooms. Medical gas supply systems must be inspected and maintained regularly to ensure the safety of patients and medical professionals. Wojcik failed to perform, and then lied about, scheduled inspections of medical gas systems at VA facilities in Sioux Falls, S.D., Tuskegee, Ala. and Montgomery, Ala. Wojcik was paid $8,981 by the VA for services that his company did not perform.

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

United States Attorney Andrew E. Lelling; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; 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 Elysa Q. Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.

BOSTON – A Randolph man was sentenced today in federal court in Boston for distributing fentanyl. 

Richard Petit-Frere, 25, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to 60 months in prison and 48 months of supervised release. In August 2019, Petit-Frere pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl and five counts of distribution of and possession with intent to distribute fentanyl.

On multiple occasions from May 2, 2018, through Nov. 11, 2018, an undercover federal agent purchased fentanyl from Petit-Frere and others in Randolph, Canton and Foxboro. The investigation revealed that Petit-Frere was a member of the No Fear Ones street gang in Randolph. 

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Randolph Police Chief William Pace; Stoughton Police Chief Donna M. McNamara; and Foxboro Police Chief Michael Grace made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.

BOSTON – A Malden woman was arrested today and charged with stealing Social Security benefits and bank embezzlement.   

Materesa Jose, 52, was charged with one count of theft of public funds and one count of bank embezzlement. Jose was arrested today and will make an initial appearance before U.S. District Court Magistrate Judge Jennifer Boal at 3:30 p.m. 

According to the indictment, Jose, while an employee at Eastern Bank, stole approximately $27,605 from the bank, some of which consisted of Social Security benefits, from September 2017 through July 2018.

The charge of theft of public 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. The charge of bank embezzlement provides for a sentence of up to 30 years in prison, five 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, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Matthew Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston 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 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 – The former second-in-command of the Boston-based Devon Street Kings Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering charges.

Alexis Peguero, a/k/a “King Lexi,” a/k/a “King Looney,” 29, 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 Dec. 15, 2020. Alexis Peguero was arrested and charged in December 2019, at which time he was the Cacique or second-in-command of the Devon Street Kings, a Boston-based Chapter of the Latin Kings.

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.

Named for its origin on Devon Street in Boston, the Devon Street Kings or D5K Chapter of the Latin Kings, included at various times, approximately a dozen members who reported to Alexis Peguero, who served as “Cacique” or the second-in-command 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 court documents, Alexis Peguero produced various music videos touting his allegiance to the Latin Kings, distributed controlled substances and threatened rival gang members. During the investigation, various meetings were covertly recorded where Alexis Peguero and members of the Devon Street Kings discussed the business of the racketeering enterprise. In addition, Alexis 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. Alexis Peguero is the eighth 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 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. Attorney Philip A. Mallard and Mark Grady of Lelling’s Criminal Division 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 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 Fall River woman pleaded guilty today in federal court to stealing Social Security disability benefits.    

Gloria Camara, 58, pleaded guilty to one count of theft of public funds and one count of making a false statement. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 15, 2020. 

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 Social Security Administration. 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. 

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

United States Attorney Andrew E. Lelling and Tonya Perkins, Acting 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 is prosecuting the case.

BOSTON – The U.S. Attorney’s Office has filed a complaint under the False Claims Act against Teva Pharmaceuticals USA, Inc., and Teva Neuroscience, Inc., the maker of Copaxone, a drug for multiple sclerosis (MS).

The government alleges that Teva conspired with a specialty pharmacy, Advanced Care Scripts, Inc. (ACS), and two purportedly independent foundations, Chronic Disease Fund (CDF) and The Assistance Fund (TAF), to violate the Anti-Kickback Statute and False Claims Act by using the foundations as conduits to subsidize Medicare co-pays for Copaxone, all while steadily raising Copaxone’s price.

When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B or Part D, the beneficiary may be required to make a partial payment, which may take the form of a co-payment, co-insurance, or deductible (collectively “co-pays”). These co-pay obligations may be substantial for expensive medications. Congress included co-pay requirements in these programs, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits pharmaceutical companies from offering or paying, directly or indirectly, any remuneration – which includes money or any other thing of value – to induce Medicare patients to purchase the companies’ drugs.

“The government’s complaint today alleges that Teva used ostensibly independent charitable foundations as vehicles to pay hundreds of millions of dollars in kickbacks, all while raising the price of its drug, Copaxone, at a rate over 19 times the rate of inflation,” said Andrew E. Lelling, United States Attorney for the District of Massachusetts. “Teva’s alleged kickbacks undermined the Medicare program’s co-pay structure, which Congress created as a safeguard against inflated drug prices.”

“The Department is committed to stopping pharmaceutical companies from using foundations as conduits to funnel kickbacks to Medicare patients, and to prop up excessive drug costs at the expense of the American taxpayers,” said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division. “We will continue to root out these unlawful kickback arrangements that undermine the integrity of federal health care programs.”

“Drug manufacturers that offer kickbacks in order to boost profits – as alleged in this case – drive up health care costs for everyone and undermine the public’s trust in the health care system,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General. “Our agency, working closely with our law enforcement partners, will continue to thoroughly investigate such corrosive schemes.”

“As alleged, Teva gamed Medicare and tried to deflect attention away from a 329% increase in the cost of its drug by masking kickbacks as charitable contributions,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This case demonstrates the FBI’s ongoing commitment to protect our government programs and the American taxpayers who contribute to them from being victimized by corporations who allegedly pay kickbacks to pad their bottom line.”

The government alleges that, from 2006 through at least 2015, Teva paid the two foundations well over $300 million, not as charity for MS patients generally, but with the intent and understanding that the foundations would use Teva’s money to cover the Medicare co-pays of patients taking Copaxone. During the same period, Teva raised the price of Copaxone from approximately $17,000 per year to over $73,000 per year. Meanwhile, because of Teva’s kickbacks, many Medicare patients (and their doctors) had no reason to consider the drug’s ever-increasing cost.

According to the complaint, Teva effectuated its scheme through ACS, to which Teva referred virtually all Copaxone patients who faced Medicare co-pays for the drug. ACS, in turn, arranged for the patients to obtain Medicare co-pay coverage from the foundations and then reported back to Teva how many Copaxone patients were receiving co-pay coverage from each foundation. At the end of each year, Teva used information from ACS and the foundations to determine how much money each foundation would need to cover the Medicare co-pays of existing Copaxone patients for the following year, and Teva paid each foundation accordingly.

The government further alleges that, after the beginning of a year, when the foundations’ MS funds were often closed to new patients because the foundations had allocated all of their funding to existing patients, ACS would provide periodic reports to Teva on the number of new Copaxone patients awaiting Medicare co-pay assistance. When an ACS report showed a substantial number of Copaxone patients waiting, Teva would multiply the number of waiting patients by the foundation’s average grant amount for Copaxone patients, add the foundation’s administrative fee, and then send a corresponding payment to the foundation. Just before sending the payment, Teva would notify ACS, which then would send a “batch file” of applications for all the waiting Copaxone patients to the foundation so that the foundation would act on those applications as soon as the fund re-opened. In this way, Teva and ACS ensured that Copaxone patients received the vast majority of the co-pay grants the foundations made whenever they re-opened their MS funds with money from Teva.

The government previously entered into settlement agreements with ACS, TAF, and CDF.

U.S. Attorney Lelling, Acting AAG Davis, HHS-OIG SAC Coyne, and FBI Boston SAC Bonavolonta made the announcement today. The matter is being handled by Assistant U.S. Attorneys Gregg Shapiro, Abraham George, and Evan Panich of Lelling’s Affirmative Civil Enforcement Unit and Trial Attorneys Douglas Rosenthal and Nelson Wagner of the Department of Justice’s Civil Division.

BOSTON – A Missouri surgeon and Kansas distributor have been charged and agreed to plead guilty to conspiring to pay and receive kickbacks aimed at inducing the use of spinal implants sold by a medical device company as well as engaging in conduct aimed at obstructing the government’s federal investigation into that the kickback scheme.

Jason Montone, DO, 44, of Lawson, Mo., will plead guilty to one count of conspiracy to violate the Anti-Kickback statute and one count of obstruction. According to the terms of Montone’s plea agreement, the government will recommend a sentence at the low end of the sentencing guidelines, one year of supervised release, a fine and forfeiture of $379,000 – the amount that he received in sham consulting fees from the medical device company. 

John Balzer, 42, of Lenexa, Kan., will plead guilty to one count of conspiracy to violate the Anti-Kickback statute and one count of witness tampering. According to the terms of Balzer’s plea agreement, the government will recommend a sentence at the low end of the sentencing guidelines, one year of supervised release, and forfeiture of $1,264,501 – the amount that he received in commissions from the medical device company for products Montone used in his spine surgeries.

Plea hearings have not yet been scheduled by the Court.

“Kickbacks paid to influence physicians are illegal and incompatible with a properly functioning health care system,” said United States Attorney Andrew E. Lelling. “We will take all necessary steps to ensure that patients receive, and the government pays for, health care that is based solely on sound medical judgment, not compromised by kickbacks.”

“These charges serve as a strong reminder that we will not tolerate bribes and corruption within our federal healthcare system, nor will we accept acts of obstruction that attempt to disrupt our pursuit of justice,” said Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Surgeons are entrusted to make decisions for the best interests of their patients, not because of the corrupting influence of kickbacks. We will fervently pursue kickback schemes that seek to undermine our healthcare system no matter how those schemes are disguised.”

“When surgeons participate in a kickback scheme with medical device companies, they trade their commitment to patient care for personal gain. Any efforts to obstruct our investigations only compound that harm,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Sham consulting arrangements undermine the integrity of the medical decision-making process, and this case sends a clear message that these types of financial arrangements will not be tolerated.”

According to the charging documents, between late 2012 and October 2015, Balzer, Montone, and their co-conspirators engaged in a scheme in which the medical device company and its CEO and CFO paid Montone a total of $379,000 pursuant to a sham consulting program that paid Montone $500 to $750 per hour for supposedly performing consulting services. Although the medical device company’s physician-consulting program was purportedly directed at gathering technical feedback about its products from surgeons, the company and its CEO and CFO allegedly used the program, and the kickbacks they paid pursuant to that program, to induce and reward Montone’s decision to use the company’s products.  

To accomplish this, the medical device company, among other things, tracked the sales volumes of Montone and other physician-consultants and used that information to determine how much the company would pay Montone, regardless of how much consulting was actually performed. During the conspiracy, Balzer and Montone represented that Montone had spent hundreds of hours evaluating products, discussing industry trends and educating medical residents. In fact, Montone spent only a small fraction of his reported time performing actual consulting activities for the medical device company. In exchange for the consulting payments he received, Montone used over $4.5 million of the company’s products in his surgeries, often in Balzer’s presence or at his prompting, including excessive amounts of certain of the company’s products. During this time, Montone performed numerous surgeries on patients who were Medicare or Medicaid beneficiaries. The medical device company agreed to pay Balzer a 25% commission on all of the medical device company’s products that Montone used in his spine surgeries. Over the period of the time covered by the conspiracy, the company paid Balzer over $1.2 million in commissions for spine products Montone used.

In September 2017, after Montone learned of the government’s investigation into the medical device company, he created false documents purporting to show work he ostensibly performed pursuant to his consulting agreement and later produced those false documents to the government. In December 2018, Montone sat for an interview with government agents and withheld information concerning his conversations with the company’s employees regarding how his consulting fees would be determined; how he came up with the number of alleged consulting hours he had performed; and his conversations with Balzer about violations of the Anti-Kickback Statute. 

In February 2019, after Balzer became aware of the government’s investigation he advised Montone to falsely tell the government that Montone had performed legitimate consulting in an amount equal to the hundreds of hours Balzer and Montone had reported and that Montone was “surprised” the company was missing documentation showing Montone’s feedback and consulting work. In fact, Balzer knew that neither representation was true.

The charge of witness tampering provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross loss to the victims and restitution. The charges of conspiracy to violate the Anti-Kickback Statute and obstruction of a criminal health care fraud investigation each provide for a sentence of up to five years in prison, three years of supervised release, a fine of $250,000 or twice the gross loss to the victims, and restitution. 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 and FBI SAC Bonavolonta made the announcement. Assistant U.S. Attorneys Patrick M. Callahan, Abraham R. George and David J. Derusha of Lelling’s Health Care Fraud Unit and Affirmative Civil Enforcement Unit are prosecuting the cases.

The details contained in the court documents concerning other individuals and entities are allegations only and those individuals and entities are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The Justice Department today filed a lawsuit in the District of Massachusetts alleging that PRTaylor Enterprises LLC, a company doing business as Father & Son Moving & Storage (Father & Son), violated the Servicemembers Civil Relief Act (SCRA) by failing to obtain a court order before auctioning off the entire contents of a U.S. Air Force Technical Sergeant’s two storage units while he was deployed overseas.

The SCRA, which provides a wide variety of financial and housing protections to members of the military, prohibits storage companies from auctioning off servicemembers’ belongings without a court order. The lawsuit further alleges that among the Technical Sergeant’s possessions sold by Father & Son were military gear and mementos that had belonged to a cousin who was killed in military action, his grandfather’s military service medals, a dresser that was handmade by his great-grandfather, and personal photographs.

“Congress enacted the Servicemembers Civil Relief Act to protect the patriots who protect all of us by serving in our nation’s armed forces. The Servicemembers Civil Relief Act outlawed the kind of conduct alleged here, and for good reason. No individual or organization should be able to get away with the kind of devastation this young man suffered when he returned home from an overseas deployment and learned that many of his most valued family mementos were gone. The law protects servicemembers from losing their property, including items of great sentimental value, because of their service,” said Assistant Attorney General Eric S. Dreiband of the Justice Department’s Civil Rights Division. “The Department of Justice is filing this lawsuit today to ensure that this servicemember receives just compensation and to prevent this from happening to another member of our military. We must and will put an end to these unlawful business practices.”

“This servicemember was called overseas to serve our country and returned home to find his personal possessions, family heirlooms and military awards auctioned off to the highest bidder,” said U.S. Attorney Andrew E. Lelling. “That is unacceptable. We will continue to protect the rights of servicemembers who dedicate their lives to preserving our security and freedom.”

The law places the burden on moving and storage companies and other lienholders to determine whether the property in their possession belongs to a servicemember. The complaint alleges that several facts should have put Father & Son on notice that the Technical Sergeant was a servicemember, including that he told an agent of Father & Son that he was in the military. The complaint also alleges that Father & Son picked up and packed the Technical Sergeant’s belongings at Hanscom Air Force Base while he was present and wearing his U.S. Air Force uniform. The lawsuit asserts that Father & Son sent correspondence to the Technical Sergeant at his previous address of record at Hanscom Air Force Base while he was stationed overseas.

In addition to seeking damages for the servicemember, including the value of the auctioned items, the Justice Department is seeking to enjoin Father & Son from illegally auctioning off servicemembers’ possessions in the future in violation of the SCRA. The lawsuit also seeks a civil penalty.

This lawsuit resulted from a referral to the Justice Department from the U.S. Air Force. Servicemembers and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil/. The department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. Since 2011, the department has obtained over $474 million in monetary relief for over 120,000 servicemembers through its enforcement of the SCRA. Additional information on the Justice Department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.

BOSTON – The Justice Department filed a lawsuit today alleging that PRTaylor Enterprises LLC, a company doing business as Father & Son Moving & Storage, violated the Servicemembers Civil Relief Act (SCRA) by failing to obtain a court order before auctioning off the entire contents of a U.S. Air Force Technical Sergeant’s storage units while he was deployed overseas.

The SCRA, which provides a wide variety of financial and housing protections to members of the military, prohibits storage companies from auctioning off servicemembers’ belongings without a court order. The lawsuit alleges that included among the Technical Sergeant’s possessions sold by Father & Son were military gear and mementos that had belonged to a cousin who was killed in military action, his grandfather’s military service medals, a dresser that was handmade by his great-grandfather and personal photographs.

The SCRA places the burden on moving and storage companies to determine whether the property in their possession belongs to a servicemember. The complaint alleges that several facts should have put Father & Son on notice that the Technical Sergeant was a servicemember, including that he told an agent of Father & Son that he was in the military. According to court documents, Father & Son picked up and packed the Technical Sergeant’s belongings at Hanscom Air Force Base while he was present and wearing his U.S. Air Force uniform. The lawsuit asserts that Father & Son sent correspondence to the Technical Sergeant at his previous address of record at Hanscom Air Force Base while he was stationed overseas.

“This servicemember was called overseas to serve our country and returned home to find his personal possessions, family heirlooms and military awards auctioned off to the highest bidder,” said Untied States Attorney Andrew E. Lelling. “That is unacceptable.  We will continue to protect the rights of servicemembers who dedicate their lives to preserving our security and freedom.”

“Congress enacted the Servicemembers Civil Relief Act to protect the patriots who protect all of us by serving in our nation’s armed forces. The Servicemembers Civil Relief Act outlawed the kind of conduct alleged here, and for good reason. No individual or organization should be able to get away with the kind of devastation this young man suffered when he returned home from an overseas deployment and learned that many of his most valued family mementos were gone. The law protects servicemembers from losing their property, including items of great sentimental value, because of their service,” said Assistant Attorney General Eric S. Dreiband of the Justice Department’s Civil Rights Division. “The Department of Justice is filing this lawsuit today to ensure that this servicemember receives just compensation and to prevent this from happening to another member of our military. We must and will put an end to these unlawful business practices.”

In addition to seeking damages for the servicemember, including the value of the auctioned items, the Justice Department is seeking to enjoin Father & Son from illegally auctioning off servicemembers’ possessions in the future in violation of the SCRA. The lawsuit also seeks a civil penalty.  This lawsuit resulted from a referral to the Justice Department from the U.S. Air Force. 

Servicemembers and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office.

The Department’s enforcement of the SCRA is conducted by U.S. Attorney’s Offices and the Civil Rights Division’s Housing and Civil Enforcement Section. Since 2011, the Department has obtained over $474 million in monetary relief for over 120,000 servicemembers through its enforcement of the SCRA. Additional information on the Justice Department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.

This matter is being handled by Assistant United States Attorney Torey B. Cummings of Lelling’s Civil Rights Unit and Trial Attorney Tanya Kirwan of the Civil Rights Division’s Housing and Civil Enforcement Section.

BOSTON – A Lowell man was indicted yesterday by a federal grand jury in connection with advertising the sale of a firearm on Snapchat.   

Juan Aparicio, 29, who was indicted on one count of being a felon in possession of a firearm and ammunition and one count of possession with intent to distribute cocaine, will be arraigned in federal court at a later date. Aparicio was arrested and charged by criminal complaint on June 10, 2020.

According to the charging documents, on Jan. 6, 2020, law enforcement searched Aparicio’s residence after viewing Snapchat videos that evening showing Aparicio offering to sell numerous firearms. A loaded assault rifle and cocaine were recovered during the search. Due to previous convictions punishable by more than one year in prison, Aparicio is prohibited from possessing firearms and ammunition.

The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, one year of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute cocaine provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

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; Middlesex County District Attorney Marian T. Ryan; and Superintendent Raymond Kelly Richardson of the Lowell Police Department made the announcement. Assistant U.S. Attorney Evan Panich of Lelling’s Office is prosecuting the case.

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

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

BOSTON – LaFrance Hospitality, operator of 14 hotels in New England, has entered an agreement under Title III of the Americans with Disabilities Act (ADA) to resolve allegations that the showers in the accessible rooms of their New Bedford Marriott Fairfield hotel were inaccessible to persons with disabilities.

LaFrance Hospitality failed to install permanent shower seats on the wall in their roll-in showers at the New Bedford Marriott Fairfield as is required by the ADA. Instead, non-fixed seats were placed in each roll-in shower. When a woman with a mobility impairment used the non-fixed shower seat it collapsed, and the woman fell. The fall resulted in the woman requiring emergency services and an overnight stay at a local hospital for her injuries.

Under the agreement, LaFrance Hospitality will ensure all showers in accessible rooms in all 14 of its hotels meet ADA standards, including installation and positioning of shower seats, grab bars, and shower spray units. LaFrance Hospitality also will pay the woman $20,000 in compensation.

“Meeting the requirements of the ADA means individuals with mobility impairments should never have to question whether the hotel they are staying in will provide safe and accessible rooms,” said United States Attorney Andrew E. Lelling. “We commend LaFrance Hospitality for working cooperatively with us to meet the standards of the ADA moving forward.”

This year marks the 30th Anniversary of the Americans with Disabilities Act. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities.

This case was handled by Assistant U.S. Attorney Gregory Dorchak of Lelling’s Civil Rights Unit.

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.

BOSTON – A Bourne man was indicted yesterday by a federal grand jury on charges of receipt and possession of child pornography.

Bryan C. Mileikis, 33, was indicted on one count of receipt of child pornography and one count of possession of child pornography. Mileikis was arrested on July 1, 2020 and charged by criminal complaint.

According to the charging documents, on June 11, 2019, law enforcement executed a search warrant at Mileikis’ home and seized an iPhone belonging to Mileikis. A forensic examination of the phone revealed images and videos depicting child pornography.

The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, 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; Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigations in Boston; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division; and Bourne Chief of Police Dennis Woodside 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/.

BOSTON – An attorney was sentenced yesterday in federal court in Boston for his role in an international securities fraud scheme that sought to generate $15 million in fraudulent proceeds.

Milan Patel, 50, a resident of Minnesota, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 15 months in prison and ordered to pay a fine of $50,000. In February 2019, Patel pleaded guilty to one count of conspiracy to commit securities fraud and one count of securities fraud.

From 2013 to 2018, Patel and co-conspirators Morrie Tobin, Matthew Ledvina and Roger Knox conspired to disguise their ownership and control of various microcap securities, and to employ paid promotional campaigns and manipulative trading techniques to artificially inflate the price and trading volume of those stocks so that Tobin and others could secretly sell their shares at a substantial profit. Patel, together with Ledvina, helped Tobin create shell companies to disguise Tobin’s control of the shares, enabling Tobin to sell the shares to unsuspecting investors.   

Tobin pleaded guilty in February 2019 and was sentenced yesterday to one year and one day in prison and ordered to pay a fine of $100,000 and forfeiture of $4 million. Ledvina was sentenced in June 2020 to 30 months of probation and ordered to pay a fine of $50,000. Knox previously pleaded guilty and is currently scheduled to be sentenced on Sept. 30, 2020.

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. The Boston regional office of the SEC provided assistance with the investigation. Assistant U.S. Attorneys Eric S. Rosen and James R. Drabick of Lelling’s Securities, Financial and Cyber Fraud Unit are prosecuting the case.

BOSTON – A Worcester man was arrested yesterday and charged in connection with transporting stolen laptops.

Christian Diaz, 31, was indicted on one count of interstate transportation of stolen goods. Diaz will be arraigned in federal court at a later date.

According to the indictment, from Aug. 11, 2015 until Sept. 30, 2015, Diaz transported stolen laptops in interstate commerce. 

The charging statute provides for a sentence of up to 10 years in prison, three years of supervised release, a fine of up to $250,000 and restitution. 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 Joseph W. Cronin, Postal Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, made the announcement.  Assistant U.S. Attorney Danial E. Bennett of Lelling’s Worcester Branch Office is prosecuting the case. 

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

BOSTON – The U.S. Attorney’s Office has reached a $3.5 million settlement with specialty pharmacy Advanced Care Scripts, Inc. (ACS), to resolve allegations that ACS conspired with pharmaceutical manufacturer Teva Neuroscience, Inc. (Teva), to enable Teva to pay kickbacks to Medicare patients taking Copaxone, a Teva drug approved for treatment of multiple sclerosis.

When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B or Part D, the beneficiary may be required to make a partial payment, which may take the form of a co-payment, co-insurance, or deductible (collectively “co-pays”). These co-pay obligations may be substantial for expensive medications. Congress included co-pay requirements in these programs, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits pharmaceutical companies from offering or paying, directly or indirectly, any remuneration – which includes money or any other thing of value – to induce Medicare patients to purchase the companies’ drugs.

From approximately October 2006 through January 2015, ACS served as a contracted vendor for Teva and provided, among other things, benefits investigation services to certain patients who had been prescribed Copaxone. As part of today’s settlement, ACS acknowledged certain facts, including that it relayed data from two foundations, Chronic Disease Fund (CDF) and The Assistance Fund (TAF), to Teva so that Teva could correlate its payments to the foundations with the amounts of money the foundations spent on Copaxone patients. ACS further acknowledged that, when the foundations lacked funding and were not accepting new applications for Medicare co-pay coverage, ACS provided regular updates to Teva on the number of Medicare Part D patients serviced by ACS who had prescriptions for Copaxone, met the criteria for foundation co-pay coverage, and were awaiting foundation co-pay coverage. At least one ACS employee understood that Teva would use the number of waiting Copaxone patients to help determine the amount of its next payment to CDF or TAF. Teva sometimes provided ACS with advance notice of its payments to CDF or TAF. Once ACS learned that CDF or TAF had re-opened its co-pay fund, ACS promptly would send the foundation a “batch file” that consisted almost entirely of Copaxone patients’ applications for Medicare co-pay coverage. Thereafter, ACS often received notice from the foundation that most or all of the applications submitted by ACS had been approved to receive co-pay funding. When a Copaxone patient’s application was approved, ACS no longer included that patient in its reports to Teva on the number of Copaxone patients awaiting foundation co-pay coverage.

“According to the allegations in today’s agreement, ACS knowingly enabled a large pharmaceutical manufacturer to pay kickbacks to Medicare patients taking its expensive drug,” said Andrew E. Lelling, United States Attorney for the District of Massachusetts. “Such conduct undermined the Medicare program’s co-pay structure, which Congress created as a safeguard against inflated drug prices. We commend ACS for expeditiously resolving this matter.”

“Advanced Care Scripts (ACS) willingly served as a pawn in a kickback scheme, putting profit over patient needs, by helping Teva to time its foundation payments to boost sales of Teva's own drug, which ACS then dispensed,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s settlement should be a warning to others that the FBI will continue to aggressively go after vendors like ACS who conspire with pharmaceutical companies to disguise kickbacks as charitable contributions, at the expense of hard-working taxpayers who support the Medicare program.”

“This settlement demonstrates the OIG’s commitment to safeguarding the Medicare program from kickback arrangements,” said Phillip M. Coyne, Special Agent in Charge, Office of Inspector General of the U.S. Department of Health and Human Service’s Boston Regional Office. “I appreciate the partnership with the Massachusetts U.S Attorney’s Office in identifying and prosecuting this type of fraud.”

The government previously entered into settlement agreements with TAF and CDF.

U.S. Attorney Lelling, Boston FBI SAC Bonavolonta, and HHS-OIG SAC Coyne made the announcement today. The matter was handled by Assistant U.S. Attorneys Abraham George, Gregg Shapiro, and Evan Panich of Lelling’s Affirmative Civil Enforcement Unit, with assistance from Trial Attorneys Douglas Rosenthal and Nelson Wagner of the Department of Justice’s Civil Division.

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

Alexis Santana, 19, was sentenced by Judge Mark G. Mastroianni to three years of probation. The government recommended a sentence of four months in prison. In March 2020, Santana pleaded guilty to distributing and possessing with intent to distribute heroin. 

According to court records, Santana sold heroin on Oct. 7, 2019 in Holyoke.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Holyoke Police Chief Manny Febo made the announcement today.  The case is being prosecuted by Todd E. Newhouse of Lelling’s Springfield Branch Office.

BOSTON – A former employee of the Houston Independent School District has agreed to plead guilty in connection with her involvement in a scheme to use bribery and fraud to facilitate cheating on the ACT and SAT exams.

Niki D. Williams, 46, of Houston, Texas, will plead guilty to one count of conspiracy to commit wire fraud and mail fraud and honest services wire fraud and mail fraud. A plea hearing has not yet been scheduled. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the sentencing guidelines, one year of supervised release, a fine, forfeiture in the amount of $20,000 and restitution.

According to the superseding indictment, Williams administered the SAT and ACT exams at the public high school in Houston where she worked. In exchange for bribe payments directed to her by co-conspirators William “Rick” Singer and Martin Fox, and in violation of her duty of honest services to the ACT and the College Board, Williams allowed another co-conspirator, Mark Riddell, to secretly take ACT and SAT tests in place of the children of Singer’s clients or to replace their exam answers with his own corrected answers. Williams then returned the falsified exams to the ACT and College Board for scoring.

Singer, Riddell and Fox previously pleaded guilty and are cooperating with the government’s investigation. 

Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.

The charge of conspiracy to commit mail and wire fraud and honest services mail and wire fraud provides for a sentence of up 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. The Department of Education, Office of Inspector General provided assistance with the investigation. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Karin M. Bell and Stephen E. Frank of Lelling’s Criminal Division are prosecuting the case.

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