FEDERAL DISTRICT ARCHIVE
District of Massachusetts
Press releases recorded for this federal judicial district.
Connecticut Man Charged with Firearm TraffickingRead the Press Release
BOSTON – A Connecticut man has been charged in federal court in Boston with firearm trafficking.
Brian McCarthy, 33, of Bridgeport, Conn., was charged with one count of dealing firearms without a federal license. McCarthy will make an initial appearance in federal court in Boston at a later date. He has been in state custody since his arrest on July 31, 2020.
According to the criminal complaint, between June 17 and July 31, 2020, McCarthy travelled to Massachusetts and sold an undercover officer two Glock-style Privately Made Firearms (PMF) he had personally fabricated. PMFs are firearms that are not made by firearm manufacturers; instead, firearm manufactures sell individual buyers firearm parts, and the buyer uses various firearm drilling tools to construct and assemble the parts into a functional firearm. PMFs are also known as “ghost guns” because they are not serialized, and are thus, untraceable.
Following the July 31 sale, McCarthy was taken into custody. The search of his apartment resulted in the seizure of two additional Glock-style PMFs, one AR15/M4-type rifle upper receiver, accessories for AR15/M4 rifles, multiple semi-automatic magazines, approximately 250 rounds of ammunition, and various firearm construction and assembly tools.
The charge of dealing firearms without a federal license provides for a sentence of up to five 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy J. Cruz; and Bristol County District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Colombian National Pleads Guilty to Cocaine Trafficking and Illegal ReentryRead the Press Release
BOSTON – A Colombian national pleaded guilty today in federal court in Boston to cocaine trafficking and illegal reentry charges.
Ricardo Lopera-Arteaga, 58, pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 500 grams or more of cocaine, one count of possession with intent to distribute 500 grams or more of cocaine and one count of unlawful reentry of a deported alien. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Dec. 10, 2020. Lopera-Arteaga has been in federal custody since his arrest on Oct. 9, 2019 with co-defendant Diego Sanchez, 34, who pleaded guilty to similar charges on May 15, 2020.
Sanchez and Lopera-Arteaga conspired together to sell one kilogram of cocaine to a cooperating witness in East Boston in October 2019. Sanchez also engaged in two sales of cocaine to the same cooperating witness on Sept. 10 and 27, 2019 in East Boston. On Oct. 9, 2019, law enforcement agents observed both men meet and walk together towards a spot arranged for the drug transaction. Agents arrested both men a short time later and seized one kilogram of cocaine from Lopera-Arteaga.
The charges of conspiracy to distribute and possession with intent to distribute more than 500 grams of cocaine provide for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of unlawful reentry of a deported alien carries a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Lopera-Arteaga will be subject to deportation upon completion of any sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
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.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Canadian National Sentenced for Securities FraudRead the Press Release
BOSTON – A Canadian national who resides in Los Angeles was sentenced today in federal court in Boston for his role in a massive global securities fraud scheme that sought to generate $15 million in fraudulent proceeds.
Morrie Tobin, 57, who resides in Los Angeles, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to one year and one day in prison, two years of supervised release and ordered to pay a fine of $100,000 and forfeiture of $4 million. In February 2019, Tobin pleaded guilty to one count of conspiracy to commit securities fraud and one count of securities fraud.
From 2013 to 2018, Tobin and co-conspirators Milan Patel, Matthew Ledinva and Roger Knox conspired to commit securities fraud by disguising their ownership and control of various microcap securities, and employing 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 of those stocks at a substantial profit.
Tobin and others acquired the majority of the shares of GS Valet, a public shell company with minimal assets and operations, and then renamed it International Metals Streaming Corporation (IMST). Tobin, Patel and Ledinva then distributed the shares of IMST among four offshore entities registered in the names of various parties. From December 2016 to June 2017, Tobin and the co-conspirators orchestrated a reverse merger of IMST into Environmental Packing Technology (EPTI), which became a publically-traded company, and then caused 10.5 million shares held in the offshore entities to be transferred to Knox’s asset management firm and a separate brokerage firm. During this time, Tobin and the co-conspirators raised $2.9 million in private placement of shares of EPTI, and used a portion of this money to pay a third-party stock promoter to artificially promote the shares of EPTI. From June 9 to June 27, 2017 – when the Securities and Exchange Commission halted trading in EPTI shares – the co-conspirators directed the sale of EPTI shares held by the offshore entities, thereby generating proceeds of approximately $1,519,182. At sentencing, the Court found that Tobin and his co-conspirators intended to generate $15 million in proceeds based on the number of shares under their control.
Patel pleaded guilty in February 2019 and is scheduled to be sentenced on Thursday, Aug. 13, 2020. Ledinva 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 today. 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.
Auto Body Shop Owner Charged with Tax FraudRead the Press Release
BOSTON – The owner of Everett and Worcester auto body shops was charged today with a payroll tax scheme resulting in a $292,231 tax loss.
Adam Haddad, 43, of Shrewsbury, was charged and has agreed to plead guilty to three counts of aiding the preparation of false tax returns.
As alleged in the Information, for tax quarters ending in March 2015 through June 2017, Haddad paid a significant portion of the wages to employees of his company, Accurate Collision, Inc. “under the table.” In doing so, Haddad caused Accurate Collision, Inc. to file false returns with the IRS which underreported the actual wages he had paid his employees as well as the employment taxes due to the IRS. In total, Haddad caused a loss to the IRS of at least $292,231.
The charging statue provides for a sentence of up to three years in prison, one year 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 Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities, Financial and Cyber Fraud Unit is prosecuting the case.
Leader of Rhode Island Latin Kings Chapter Pleads Guilty to Narcotics Conspiracy ChargesRead the Press Release
BOSTON – A leader of the Rhode Island Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to conspiracy charges.
Eric Thomas a/k/a “King E,” 46, pleaded guilty to conspiracy to distribute cocaine. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Dec. 8, 2020. Thomas was arrested and charged in December 2019, at which time he had been identified as the leader of the Rhode Island Chapter of the Latin Kings.
During the plea proceedings, Thomas admitted that in August 2019, he conspired with others to purchase cocaine from members of the Latin Kings in New Bedford for resale. Days later, on Sept. 4, 2019, a co-conspirator was captured in a video recording purchasing 186 grams of cocaine from members of the New Bedford Chapter in a deal facilitated by Thomas.
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.
The conspiracy charge provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
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 Worcester Police Chief Steven M. Sargent 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.
Former Leader of Fitchburg Chapter of Latin Kings Pleads Guilty to Racketeering Conspiracy ChargesRead the Press Release
BOSTON – The former leader of the Fitchburg Chapter of the Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to racketeering conspiracy charges.
Marlon Rivera, a/k/a “King Pluto,” 36, 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. 2, 2020. Rivera was serving a related state sentence when he was charged in December 2019.
The Latin Kings are a violent gang comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the criminal organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and is motivated by a desire to further its influence and to protect its turf from rival gangs.
In addition to his membership in the Latin Kings, Rivera is alleged to have founded the Devon Street Kings Chapter in Boston, and recently was the Inca, or leader, of the Fitchburg Chapter of the Latin Kings. Evidence developed during the course of the investigation included recordings of Rivera participating in meetings, discussing business of the enterprise, and possessing cocaine base with intent to distribute.
In December 2019, a federal grand jury issued an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Marlon Rivera is the sixth defendant to 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; and Commissioner Carol Mici of the Massachusetts Department of Correction. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. 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.
Weston Man Pleads Guilty to Wire Fraud in International Student Recruitment SchemeRead the Press Release
BOSTON – A Weston man pleaded guilty today in connection with a scheme to defraud private high schools and international students of millions of dollars in tuition and other fees.
Keenam “Kason” Park, 59, of Weston, pleaded guilty to one count of wire fraud before U.S. Senior District Court Judge Mark L. Wolf, who scheduled sentencing for Nov. 2, 2020. According to the terms of the plea agreement, the government will recommend a sentence of 51 months in prison, two years of supervised release and a fine and restitution/forfeiture of at least $5,192,330. Park was charged in November 2019.
Park caused EduBoston to collect tuition and other payments from students’ families for the 2019-2020 academic year but failed to remit tuition payments to partnering schools. Instead, Park used the funds on unrelated expenses, including personal expenses. Park also caused EduBoston to collect advance tuition and other payments for the 2020-2021 academic year, which Park failed to return to the students’ families after EduBoston went out of business around September 2019. As a result, EduBoston owes over $5 million to partnering schools.
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Leslie A. Wright of Lelling’s Securities, Financial and Cyber Fraud Unit is prosecuting the case.
Dominican National Sentenced for False Identity CrimesRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence was sentenced today for fraudulent use of a Social Security number.
Richard Zapata Suarez, 33, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 12 months in prison and one year of supervised release. In June 2020, Zapata Suarez pleaded guilty to one count of false representation of a Social Security number.
On May 17, 2016, Zapata Suarez used the Social Security number of a U.S. citizen to submit a renewal application for a Massachusetts driver’s license under the victim’s name. In order to obtain the license, Zapata Suarez fraudulently provided various documents to the Massachusetts Registry of Motor Vehicles, including a Social Security card and birth certificate bearing the victim’s name.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprised of personnel from various state, local and federal agencies with expertise in detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Office; U.S. Secret Service; U.S. Postal Inspection Service; U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; U.S. Marshals Service; Massachusetts State Police; and the Massachusetts Office of Inspector General. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit prosecuted the case.
California Man Pleads Guilty to Illegally Exporting Cesium Atomic Clocks to Hong KongRead the Press Release
BOSTON – A California man pleaded guilty today in federal court in Boston to illegally exporting cesium atomic clocks to Hong Kong.
Alex Yun Cheong Yue, 69, of South El Monte, Calif., pleaded guilty to one count of conspiracy to commit export violations, two counts of unlawful exports and attempted exports of U.S. goods to Hong Kong, and one count of smuggling. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 10, 2020. Yue was charged by indictment and arrested in June 2019. Wai Kay Victor Zee, 56, of Hong Kong, along with his company, Premium Tech Systems, Limited were also charged. Zee remains at large in Hong Kong Special Administrative Region of the People’s Republic of China.
Beginning in December 2015, Yue, Zee, and Premium Tech conspired to procure U.S.-origin cesium atomic clocks and export them to Hong Kong without obtaining the required export licenses. Cesium atomic clocks are used in global positioning system solutions, network timing protocols, encryption programs, and national defense and space applications. They are controlled for export by the U.S. Department of Commerce for national security and anti-terrorism reasons.
To obtain the atomic clocks, Yue purchased them using a fictitious company, “Ecycle Tech International Ltd.,” by falsely representing to the U.S. seller that the atomic clocks would be used solely in the United States for cordless phone research and development. Based on Yue’s false representations, the U.S. seller sold the cesium atomic clocks to Ecycle. On Feb. 19, 2016, the atomic clocks shipped from the manufacturing facility in Beverly, Mass., to Yue in California. Three days later, on Feb. 22, 2016, Yue allegedly reshipped the controlled cesium atomic clocks to Zee at Premium Tech in Hong Kong. Neither Yue, Zee, nor Premium Tech ever applied for or obtained the required export licenses from the U.S. Department of Commerce. On Feb. 24, 2016, Zee allegedly confirmed receipt of the cesium atomic clocks in Hong Kong.
In December 2017, Yue attempted to purchase an additional cesium atomic clock. Prior to the sale, however, the U.S. seller required Yue to provide an end-user statement detailing where and for what the clocks would be used. In April 2018, Yue sent an end-user certificate on Ecycle letterhead stating that the atomic clocks would be used in a calibration lab in California. In response to further inquiries from the U.S. seller, Yue falsely declared that he was not intending to export the cesium atomic clocks. When the U.S. seller insisted on a site visit to the California location where the atomic clocks would be utilized, Yue abruptly canceled the order. On July 13, 2018, Yue received a refund payment from the U.S. seller. Three days later, on July 16, 2018, Yue sent a wire transfer to Premium Tech’s bank account in Hong Kong with the refunded money.
The charge of conspiring to commit export violations and unlawfully exporting and attempting to export U.S. goods provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $1 million. The charge of smuggling goods from the United States 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 Lelling; William Higgins, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; and Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Scott Garland, Deputy Chief of Lelling’s National Security Unit, is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Pleads Guilty to Firearms OffenseRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to conspiring to deal firearms illegally.
Charles A. Slayden Jr., 26, pleaded guilty to one count of conspiracy to deal in firearms without a license before U.S. District Court Judge Denise J. Casper, who scheduled sentencing for Dec. 3, 2020. In June 2019, Slayden was charged along with co-defendant Levenson Merilus, 29, of Randolph, who pleaded guilty on Feb. 12, 2020.
According to court documents, Slayden and Merilus conspired to purchase firearms from a licensed dealer and re-sell them for profit to individuals in Boston. In furtherance of this conspiracy, Merilus purchased at least seven guns from a licensed dealer, falsely claiming to be purchasing them for himself.
The charge of conspiring to deal 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. 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 Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Springfield Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Springfield man pleaded guilty yesterday in federal court for failing to register as a sex offender.
Ruben Pagan, 50, pleaded guilty to one count of failing to register as a sex offender before U.S. District Court Judge Mark G. Mastroianni, who scheduled sentencing for Jan. 5, 2021.
Pagan, who was convicted of a sex offense in 2002, moved from Springfield to Providence, R.I. in October 2017. He remained in Providence until March 2018, when he was arrested on a Massachusetts state court warrant charging him with child sexual abuse. Pagan failed to register as a sex offender in Rhode Island, including while the warrant for his arrest was outstanding.
Pagan previously pleaded guilty to rape and abuse of a child and is currently serving a six-year state court prison sentence. Pagan was also convicted of failure to register as a sex offender on two prior occasions in Massachusetts state court.
The charging statute provides for a sentence of up to 10 years in prison, a lifetime of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts made the announcement. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
Springfield Man Indicted on Gun and Drug ChargesRead the Press Release
BOSTON – A Springfield man was indicted yesterday with being a felon in possession of a firearm and possession of marijuana.
Lavon Pemberton, 32, 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 marijuana. Pemberton will be arraigned in Worcester federal court on Monday, Aug. 10, 2020.
On May 14, 2020, Pemberton was stopped by law enforcement for speeding on the Massachusetts Turnpike while driving a rented vehicle. A subsequent search of the vehicle resulted in the discovery a loaded firearm, thousands of dollars in cash and multiple bags of marijuana. According to the charging documents, Pemberton stated that he intended to sell the marijuana once he reached his destination.
Pemberton was previously convicted in federal court of being a felon in possession of a firearm, and was on supervised release for that offense at the time of the vehicle stop.
The firearm charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The drug charge provides for a sentence of up to five years in prison, two 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; Kelley D. Brady, Special Agent in Charge of the Bureau of alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Kristen Noto of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Postal Manager Indicted on Drug ChargesRead the Press Release
BOSTON – A U.S. Postal employee was indicted yesterday in connection with stealing mail believed to contain controlled substances.
Shawn M. Herron, 44, of Whitman, Mass., was indicted on one count of conspiracy to possess cocaine with intent to distribute and one count of theft of mail by a postal employee. Herron was arrested and charged by criminal complaint in February 2020.
According to court documents, Herron has been employed by the Postal Service since September 2005, most recently as a Manager of Customer Services at the Fall River Post Office (FPO). Prior to this position, he was the Supervisor of Customer Service at the Canton Post Office.
It is alleged that Herron tracked packages he suspected of containing narcotics and, rather than dealing with them appropriately, opened them and stole the contents. Herron profiled priority parcels from Puerto Rico and west coast U.S. states, and parcels flagged by law enforcement as potentially containing illegal narcotics, and then removed them from the U.S Mail stream. Herron tracked the suspected parcels through Postal Service databases and monitored their arrival at the FPO. After their arrival Herron located the parcels and brought them to his personal office space, where he stole the narcotics for distribution.
The charge of conspiracy to distribute controlled substances provides for a sentence of up to 20 years in prison, five years of supervised release and up to a $500,000 fine. The charge of theft of mail provides for a sentence of up to five years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Matthew M. Modafferi, Special Agent in Charge of the U.S. Postal Service Office of Inspector General; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service made the announcement. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New Jersey Broker Sentenced to Prison for “Cherry-Picking” SchemeRead the Press Release
BOSTON – A former New Jersey broker was sentenced today in federal court in Newark for defrauding his clients by engaging in a multi-year “cherry-picking” scheme that netted nearly $800,000. The defendant was originally indicted in the District of Massachusetts before the case was transferred to New Jersey.
Michael Bressman, 63, of Montville, N.J., formerly of FCG Advisors and FCG Wealth Management of Chatham, N.J., was sentenced by U.S. District Court Judge Katharine S. Hayden to two years in prison and 18 months of supervised release. Bressman was also ordered to pay restitution of $793,680 and to forfeit that same amount. In June 2019, Bressman pleaded guilty to one count of securities fraud and one count of investment advisor fraud.
Bressman was originally indicted in the District of Massachusetts on Sept. 11, 2018, and the case was transferred to New Jersey pursuant to Federal Rule of Criminal Procedure 21 on Nov. 8, 2018.
Bressman misused his access to an omnibus or “allocation” account to obtain nearly $800,000 in illicit trading profits over a six-year period ending in February 2018. He used the allocation account to place trades and cherry-picked profitable trades, which he then transferred to his own account and the account of family members, while placing unprofitable trades in other customers’ accounts.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Securities and Exchange Commission in New York provided significant assistance with the investigation. Assistant U.S. Attorney Eric Rosen of Lelling’s Securities, Financial & Cyber Fraud Unit and Assistant U.S. Attorney Courtney Howard, Chief of the Economic Crimes Unit for the District of New Jersey, prosecuted the case.
Massachusetts General Hospital Enters Agreement with U.S. Attorney’s Office to Better Ensure Equal Access for Individuals with DisabilitiesRead the Press Release
BOSTON – Massachusetts General Hospital (MGH) and the U.S. Attorney’s Office entered an agreement today, under Title III of the Americans with Disabilities Act (ADA), to resolve allegations that MGH denied a patient with cystic fibrosis eligibility for a lung transplant because he was being treated with a prescription medication for opioid use disorder (OUD).
At the time MGH evaluated the patient to determine if he was eligible to receive a transplant, the patient was actively participating in a supervised rehabilitation program and not engaged in the illegal use of drugs. Because the patient was being treated with prescription medication to treat his OUD, MGH rejected him for consideration for a transplant and failed to further evaluate him in accordance with its standard transplant consideration process, including consultation with appropriate specialists.
When the patient was able to receive a lung transplant at a different hospital in another state, his mother, who was needed to provide support after the procedure, was required to leave her job and move from her Massachusetts home to be near the transplant hospital while the patient recovered from surgery. The distance from home, family and community caused them both considerable financial and emotional distress.
Under the agreement, MGH will: implement a non-discrimination policy stating that MGH will not unnecessarily deny or limit treatment for individuals on the basis of disability, including OUD, or the use of medication to treat OUD; provide ADA training to medical staff involved in decisions about transplants; and provide the patient and his mother $250,000 in monetary relief for their emotional distress and out of pocket expenses.
“By cooperating and doing the right thing, MGH is eliminating barriers to addiction treatment and fulfilling the promise of the ADA: full access to medical services, regardless of disability,” said United States Attorney Andrew E. Lelling.
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.
The case was handled by Assistant U.S. Attorney Gregory Dorchak of Lelling’s Civil Rights Unit with Senior Trial Attorney Alyse Bass of the Justice Department’s Disability Rights Section.
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.
Lexington Doctor and Office Manager Indicted in International Money Laundering Scheme Involving Non-Approved DrugsRead the Press Release
BOSTON – A Lexington doctor and his wife, who works as his office manager, were charged in an international money laundering scheme involving importing illegal drugs.
Rahim Shafa, 62, and Nahid “Nina” Tormosi Shafa, 62, were each indicted on one count of international money laundering conspiracy. Shafa was also indicted on three counts of money laundering, one count of conspiracy to defraud the United States, three counts of importing merchandise contrary to law and one count of receiving and delivering misbranded drugs with an intent to defraud and mislead. The defendants will make an initial appearance in federal court in Worcester this afternoon.
“In order to make money, the defendants allegedly circumvented mandatory FDA drug inspections and took advantage of vulnerable patients who sought to escape addiction through legitimate treatment,” said United States Attorney Andrew E. Lelling.
“Distributing illegally imported prescription drugs of unknown origin and ingredients instead of FDA-approved drugs places the U.S. public health at risk,” said Special Agent in Charge Jeffrey J. Ebersole, FDA Office of Criminal Investigations New York Field Office. “We will continue to work with our law enforcement partners and bring to justice those who attempt to subvert FDA requirements, which are designed to ensure the safety and quality of drugs distributed to American consumers.”
According to the indictment, Shafa was a psychiatrist who owned and operated Novel Psychopharmacology in Milford and Natick and Tormosi Shafa was the office manager. From approximately January 2008 through January 2018, Shafa and Tormosi Shafa engaged in an international money laundering scheme to purchase naltrexone pellet implants, disulfiram pellet implants and disulfiram injections from Hong Kong. Disulfiram is used to treat alcohol dependence and naltrexone is used to treat alcohol and opioid dependence. Disulfiram and naltrexone are approved by the FDA in certain forms; however, the forms of the drugs that Shafa and Tormosi Shafa allegedly purchased are not approved by the FDA. Shafa and Tormosi Shafa offered these drugs for sale to patients of Novel.
It is further alleged that Shafa engaged in a conspiracy to defraud the United States by falsifying shipping documents to make the packages containing the drugs shipped from Hong Kong to Shafa in Massachusetts look like lawful imports. For example, packages containing naltrexone pellet implants were falsely declared as ‘plastic beads in plastic tubes’ in shipping documents.
“We will continue to work with our law enforcement partners to ensure that all medical providers properly follow healthcare rules and regulations,” 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 charges of money laundering and money laundering conspiracy provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of conspiracy to defraud 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 importing merchandise contrary to law 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 receiving and delivering a misbranded drug with an intent to defraud and mislead provides for a sentence of up to three 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 Lelling; FDA-OIC SAC Ebersole; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; HHS-OIG SAC Coyne; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Key Worldwide Employee Agrees to Plead Guilty in College Admissions CaseRead the Press Release
BOSTON – A former employee of William “Rick” Singer’s “The Key” for-profit business has agreed to plead guilty in connection with her involvement in a scheme to use bribery and fraud to facilitate the admission of applicants to colleges nationwide.
Mikaela Sanford, 34, of Folsom, Calif., will plead guilty to one count of conspiracy to commit racketeering. 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 $67,062 and restitution.
According to the superseding indictment, Sanford, who was employed by “The Key,” took online classes for students so that the students could submit the grades Sanford earned in their names as part of their application packages to college and universities. In other instances, Sanford helped fabricate athletic “profiles” and other documents to bolster students’ college applications by making the students appear to be highly successful high school athletes when, in fact, they were not.
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 racketeering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater and 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; 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. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and 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.
Boston Man Charged in Connection with Shooting and Conspiracy to Distribute Controlled SubstanceRead the Press Release
BOSTON – A Boston man was arrested yesterday and charged in connection with operating a drug trafficking organization and with a July 1, 2017 shooting in Boston.
Mujab Jihad Mubarak, a/k/a “Big Homie,” a/k/a “Easy,” a/k/a “E,” was charged in a criminal complaint with one count of conspiring to distribute and possess with intent to distribute heroin and fentanyl and one count of use and possession of a firearm in connection with a drug trafficking crime. Mubarak will make an initial appearance today at 2:30 before Magistrate Judge Judith Dein.
According to charging documents, Mubarak was responsible for a large drug trafficking organization and employed multiple lower-level co-conspirators as part of his distribution network. The court documents detail Mubarak’s operation and recount over 20 recorded purchases made by a cooperating witness.
Mubarak was allegedly captured on a recording discussing a 2017 shooting incident where a former co-conspirator of Mubarak was targeted because Mubarak believed the co-conspirator had stolen money. Mubarak explained that the co-conspirator was transporting cash through Logan Airport on behalf of Mubarak’s drug trafficking organization and the co-conspirator claimed that the money was seized by police, which was in fact true. When the co-conspirator failed to provide proof of the seizure, Mubarak stated on the recording that he located the co-conspirator and shot him. According to court documents, police and medical records showed that the police responded to a shooting where the co-conspirator was shot and admitted to the hospital with a gunshot wound.
The charge of conspiring to distribute and possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. The charge of using and possessing of a firearm in connection with a drug trafficking crime provides for a sentence of no less than five years and up to life in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. The Boston Police Department also provided valuable assistance. Assistant U.S. Attorneys Glenn A. MacKinlay and Philip A. Mallard 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. 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.
Former Member of Boston Chapter of Latin Kings Pleads Guilty to Racketeering Conspiracy ChargesRead the Press Release
BOSTON – A former member of the Boston-based Morton Street Bricks Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty yesterday to racketeering charges.
Oscar Pena, a/k/a “King DO-Block,” 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 Nov. 17, 2020. Pena was arrested and charged in December 2019, at which time he was a member of the Morton Street Bricks (also known as “MSB”), 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 the Morton Street housing project in Boston, the MSB Chapter of the Latin Kings included approximately half-a-dozen members. The MSB Chapter, 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. In addition to conspiring with members of the Latin Kings to further the goals of the enterprise through the commission of criminal acts, Oscar Pena personally sold a cooperating witness approximately 38 grams of fentanyl.
In December 2019, a federal grand jury issued an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Oscar Pena is the fifth 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. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and 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.
Rhode Island Man Sentenced for Threatening Massachusetts ProfessorRead the Press Release
BOSTON – A Rhode Island man was sentenced today for sending a series of violent and threatening e‑mails to a Massachusetts professor and a university.
Matthew Haviland, 30, of North Kingstown, R.I., was sentenced by U.S. District Court Judge Leo T. Sorokin to 21 months in prison and three years of supervised release. In September 2019, Haviland pleaded guilty to one count of stalking and two counts of transmitting a threat in interstate commerce. Haviland was charged in April 2019.
“The Constitution protects everyone’s right to free speech, but there is a hard line between free speech and the stalking and harassment committed in this case. My office will enforce that line,” said United States Attorney Andrew E. Lelling. “Today’s sentence affirms that these are serious crimes that warrant punishment.”
“Today’s sentence cannot atone for the fear that Matthew Haviland caused, and the sense of security his victims lost, but it does hold him accountable for sending dozens of rage-filled emails threatening horrific acts of violence,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will vigorously protect every individual’s constitutional right to free speech but we will not allow anyone to hide behind the internet and put others in fear for their lives.”
Over the span of several hours on March 10, 2019, Haviland sent a Massachusetts professor a string of approximately 28 e-mails containing messages that included such threats as, “I will rip every limb from your body and eat it, piece by piece,” “I will bite through your eyeballs while you’re still alive, and I will laugh while you scream,” and “I will torture you relentlessly until the end of time … [and] feed your body to pigs again and again….” The professor to whom Haviland sent the threats has published and spoken in favor of abortion rights, and several of Haviland’s e‑mails made reference to abortion. In two successive e-mails, for example, Haviland wrote, “You will be held accountable for every f****** baby you murdered through your horrible deception of they are not humans” and “You will have your face ripped off and eaten by me, personally. I will enjoy raping your body after you’re dead. And that will only be the start.”
Haviland also sent several e-mails on March 15, 2019 to a professional school at the professor’s university. Those e-mails included the message: “You people are Evil, putrid, and somebody shoudl [sic] BOMB your school for spreading the idea that it’s okay to HATE people because of their race.” A later e-mail to the professional school said only, “You should be Murdered in cold blood.”
United States Attorney Lelling and Boston FBI SAC Bonavolonta made the announcement today. Boston FBI’s Joint Terrorism Task Force conducted the investigation with the assistance of the Warwick and North Kingstown (RI) Police Departments. Assistant U.S. Attorney William F. Bloomer of Lelling’s National Security Unit prosecuted the case.
Cambridge Man Pleads Guilty to Gun and Cocaine Trafficking ChargesRead the Press Release
BOSTON – A Cambridge man pleaded guilty today to firearms trafficking charges related to six separate sales.
Ezequiel Netzahualt, 25, pleaded guilty to dealing firearms without a license and selling cocaine base, commonly known as crack cocaine. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Dec. 2, 2020. Netzahualt was charged in February 2020.
Netzahualt sold 11 firearms in Cambridge during six separate transactions between October 2019 and January 2020. Netzahualt also sold crack cocaine on Nov. 20, 2019.
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 $250,000 fine. The charge of distribution of a controlled substance provides for a sentence of up to 20 years in prison, up to a lifetime of supervised release and a $1 million fine. 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, Boson Field Office; and Cambridge Police Commissioner Branville G. Bard Jr. made the announcement today. Assistant U.S. Attorney Evan Gotlob of Lelling’s Major Crimes Unit is prosecuting the case.
Boston Man Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to being a felon in possession of a firearm.
Khyeme Johnson, 33, pleaded guilty to one count of being a felon in possession of a firearm and ammunition before U.S. Senior District Court Judge George A. O’Toole Jr, who scheduled sentencing for Nov. 9, 2020. Johnson was indicted in April 2019.
On Aug. 24, 2018, Johnson was found in possession of an Arcadia Machine & Tool .380 semiautomatic pistol with two rounds of ammunition. Johnson is prohibited from possessing a firearm due to multiple prior felony convictions.
Johnson faces a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Suffolk County District Attorney’s Office and the Boston Police Department. Assistant U.S. Attorney Chris Looney of Lelling’s Criminal Division 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.
Boston Man Pleads Guilty to Being Felon in Possession of FirearmRead the Press Release
BOSTON – A Boston man pleaded guilty today to being a felon in possession of a firearm.
Naysaan Austin, 23, pleaded guilty via videoconference to one count of being a felon in possession of a firearm before U.S. District Court Judge Patti B. Saris, who scheduled sentencing for Nov. 12, 2020. Austin was arrested on Sept. 19, 2019, and charged by criminal complaint.
On June 16, 2019, Austin was arrested in Dorchester for carrying a Sig Sauer .22 caliber Mosquito Pistol loaded with five rounds of ammunition. The serial number on the gun was obliterated. Austin is prohibited from possessing a firearm due to prior convictions punishable by more than one year in prison.
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 & Explosives, Boston Field Division; and Boston Police Commissioner William G. Gross made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Criminal Division 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.
U.S. Attorney Lelling Announces Grant Award to Provide Housing to Victims of Human Trafficking in MassachusettsRead the Press Release
United States Attorney Andrew E. Lelling announced today that the YWCA Central Massachusetts received over $370,000 from the Justice Department’s Office of Justice Programs to provide safe, stable housing and appropriate services to victims of human trafficking.
“Human trafficking is a barbaric criminal enterprise that subjects its victims to unspeakable cruelty and deprives them of the most basic of human needs, none more essential than a safe place to live,” said Attorney General William P. Barr. “Throughout this Administration, the Department of Justice has fought aggressively to bring human traffickers to justice and to deliver critical aid to trafficking survivors. These new resources, announced today, expand on our efforts to offer those who have suffered the shelter and support they need to begin a new and better life.”
“Doing justice means supporting the survivors of human trafficking, not just prosecuting the criminals who victimize them,” said United States Attorney Lelling. “The YWCA Central Massachusetts is doing righteous work by equipping survivors with the resources and help they need to rebuild their lives.”
The grant will provide six to 24 months of transitional or short-term housing assistance to the trafficking victims, including rental, utilities or related expenses, such as security deposits and relocation costs. The grant will also provide funding for support needed to help victims locate permanent housing, secure employment, as well as occupational training and counseling. The YWCA Central Massachusetts is among 73 organizations receiving more than $35 million in grants from the Office for Victims of Crime to support housing services for human trafficking survivors.
“Human traffickers dangle the threat of homelessness over those they have entrapped, playing a ruthless game of psychological manipulation that victims are never in a position to win,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will empower survivors on their path to independence and a life of self-sufficiency and hope.”
Human trafficking offenses are among the most difficult crimes to identify, and the scope of human trafficking victimization may be much greater than the limited data reflect. A new report issued by the National Institute of Justice found that the number of human trafficking cases captured in police reports may represent only a fraction of all such cases. Expanding housing and other services to trafficking victims remains a top Justice Department priority.
For a complete list of individual award amounts and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/htvictimsfactheet.pdf.
Dominican National Sentenced for Identity Theft ChargesRead the Press Release
A Dominican national who previously resided in Lynn was sentenced today in connection with using the identity of a U.S. citizen.
Yohnny Peguero Villalona, 33, was sentenced by U.S. District Court Judge Indira Talwani to two years and one day in prison, one year of supervised release and ordered to pay restitution of $17,220. In March 2020, Peguero Villalona pleaded guilty to one count of false representation of a Social Security number, one count of aggravated identity theft and one count of making a false statement relating to a health care benefit program. Peguero Villalona was arrested in December 2019 and has been detained since that time.
Peguero Villalona used the name and identifiers of a U.S. citizen for at least 13 years, including to obtain a Massachusetts driver’s license and to apply for MassHealth benefits. When he was arrested on unrelated charges, Peguero Villalona used the identity of this U.S. citizen. Fingerprints taken during the booking process following the prior arrest of Peguero Villalona matched fingerprints showing him to be a citizen of the Dominican Republic. During a search of Peguero Villalona’s residence, a Massachusetts driver’s license and a MassHealth card under the name of the U.S. citizen whose identity Peguero Villalona had fraudulently assumed, were recovered.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; U.S. Department of State, Diplomatic Security Service; U.S. Department of Housing and Urban Development, Office of Inspector General; U.S. Department of Labor, Office of Inspector General; and the Lynn Police Department. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, prosecuted the case.
Boston Man Sentenced for Firearm PossessionRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for being a felon in possession of a firearm and ammunition.
Christian Teixeira, 34, pleaded guilty to one count of being a felon in possession of a firearm and ammunition and was then sentenced by U.S. District Court Judge Allison D. Burroughs to 43 months in prison and three years of supervised release.
On May 2, 2019, while in Fall River, Teixeira was found in possession of a KAHR PM9, 9mm semi-automatic handgun, and 26 rounds of 9mm ammunition. Teixeira has a prior felony conviction that prohibits him from possessing firearms or ammunition.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Bristol County District Attorney Thomas M. Quinn; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Fall River Police Chief Jeffrey Cardoza made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit prosecuted the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Everett Man Charged in Connection with Damaging Property at Boston FBI HeadquartersRead the Press Release
BOSTON – An Everett man has been charged in federal court in Boston in connection with scaling the perimeter fence of the Boston FBI Headquarters in Chelsea and damaging property.
Brian Ricardo Dennis, 52, was charged by criminal complaint with injuring or depredating government property. Following an initial appearance today, Dennis was detained pending a probable cause and detention scheduled for Wednesday, Aug. 5, 2020.
It is alleged that at approximately 1:20 am on Friday, July 31, 2020, an individual – later identified as Dennis – scaled the perimeter fence of the Boston FBI Headquarters in Chelsea. Video surveillance recorded Dennis climbing over the perimeter fence, approaching an exterior door, banging on the door with his hands and then retrieving a large rock and repeatedly throwing the rock against the door, shattering the glass on the door. Dennis then allegedly climbed back over the perimeter fence and left the area.
According to court documents, thereafter, local law enforcement encountered Dennis, who had significant injuries to his right hand, and transported him to a local emergency room. During an interview with agents, Dennis admitted to being the individual in the surveillance recordings. Fingerprints found at the FBI Headquarters were determined to match Dennis.
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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Chelsea Police Department also provided assistance. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Gardner Man Arrested for Possession of Child PornographyRead the Press Release
BOSTON – A Gardner man was arrested yesterday on a charge of possession of child pornography.
Michael Irons, 44, was charged with one count of possession of child pornography. Following an initial appearance in federal court in Worcester today, Irons was released to home detention.
According to the charging documents, during a search of Iron’s residence today, federal agents discovered two cell phones in Iron’s bedroom – belonging to him – that a preliminary search revealed to contain at least 200 videos of child pornography.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
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 and Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigations in Boston made the announcement. Assistance was provided by the Gardner and Worcester Police Departments. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester office is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Individuals Charged in Large Scale Marijuana Grow OperationRead the Press Release
Two individuals were arrested yesterday and charged in federal court in Springfield in connection with marijuana grow operations.
Weiqing Li, 41, and Li Qin Li, 49, were charged by criminal complaint with manufacturing marijuana and possessing marijuana with intent to distribute. They are expected to make an initial appearance today via videoconference in federal court in Springfield.
According to the charging documents, since July 2019, law enforcement agents have been investigating the use of certain properties in and around Monson, Mass. and Palmer, Mass. for the large-scale cultivation of marijuana. Yesterday, during the execution of search warrants, federal agents discovered commercial-style marijuana grow operations at five properties. Over 700 marijuana plants were found at one residential property in Monson and over 800 marijuana plants were found at another residential property in Monson. It is further alleged that over 1,100 marijuana plants were found at warehouse in Monson, where Weiqing Li and Li Qin Li were located. In addition, over 900 marijuana plants were found in a residential property in Palmer and over 600 marijuana plants were found in another residential property in Palmer.
In a related action, the U.S. Attorney’s Office filed a civil forfeiture complaint against the two houses and warehouse located in Monson and the two houses in Palmer alleging that the properties are subject to forfeiture because they are being used, or are intended to be used, to facilitate the illegal cultivation of marijuana.
The charging statute provides for a sentence of up to 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Office made the announcement today. Valuable assistance was provided by the Monson and Palmer Police Departments. Assistant U.S. Attorney Catherine G. Curley of Lelling’s Springfield Branch Office is prosecuting the criminal case. Assistant U.S. Attorney Carol E. Head of Lelling’s Asset Recovery Unit is prosecuting the civil forfeiture action.
The details contained in the charging documents and the civil forfeiture complaint are allegations. The defendants are each presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Plainville Man Charged with Enticement of MinorRead the Press Release
BOSTON – A Plainville man was arrested yesterday and charged with attempted enticement of a minor.
David Cerasuolo, 47, of Plainville, Mass., was charged by criminal complaint with one count of coercion and enticement of a minor, or attempt thereof. Following an initial appearance via videoconference in federal court in Boston, Cerasuolo was detained pending a probable cause and detention hearing scheduled for July 31, 2020.
According to the criminal complaint, Cerasuolo used chat applications to engage in conversations with an individual he believed to be a 13-year-old girl, but was actually an undercover federal agent. During these conversations, Cerasuolo attempted to entice the 13-year-old to engage in sexual activity and sent her several photographs of himself, including one displaying his penis.
The charging statute provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based 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. The Plainville, Arlington, Boston and Newton Police Departments and Massachusetts Department of Correction provided assistance with the investigation. Assistant U.S. Attorney Adam Deitch of Lelling’s Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Justice Department Settles with School District to Resolve Disability Discrimination ComplaintRead the Press Release
The Justice Department today announced that it reached an agreement with Spencer East Brookfield Regional School District in Spencer, Massachusetts to resolve the department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA).
The department’s complaint alleges that the school district terminated an elementary-school paraprofessional with knee and shoulder impairments on the basis of her disability. Further, the complaint alleges that the school district unlawfully denied the employee’s reasonable accommodation request that, due to her physical limitations, she be excused from a new policy requiring paraprofessionals to be trained to physically restrain school children and be available to perform restraints. The employee was otherwise qualified to perform her job.
Under the agreement, the school district will revise its policies to ensure compliance with the ADA, train staff on the ADA, and file periodic reports with the department on implementation of the agreement. The school district will also pay over $85,000 in back pay and compensatory damages to its former employee. This matter was based on a referral from the Equal Employment Opportunity Commission’s Massachusetts District Office.
“Work provides more than just a paycheck: it provides a sense of purpose, dignity, independence, self-worth, and belonging,” said Assistant Attorney General Eric Dreiband of the Department of Justice's Civil Rights Division. “Without reasonable accommodations for their jobs, many people with disabilities cannot work and, as a result, are unable to achieve economic self-sufficiency and full participation in the workforce. As we celebrate the 30th Anniversary of the ADA, the Civil Rights Division renews its commitment to ensuring that all individuals have an equal opportunity to work free from discrimination based on disability.”
“Even as we celebrate the 30th anniversary of the Americans with Disabilities Act, this case shows that barriers to equal employment opportunity still exist for employees with disabilities,” said U.S. Attorney Andrew E. Lelling for the District of Massachusetts. “Public employers must be leaders in prohibiting discrimination in public sector jobs and ensuring a fair workplace.”
July 26, 2020 marked the 30th Anniversary of the ADA. 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. Please visit the department’s ADA Anniversary webpage to learn more about the ADA’s history and impact.
To read the settlement agreement, please click here, and to read the complaint, please click here. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Justice Department Settles with Spencer East Brookfield Regional School District to Resolve Disability Discrimination ComplaintRead the Press Release
BOSTON – The Justice Department reached an agreement with Spencer East Brookfield Regional School District in Spencer, Mass. to resolve the Department’s lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA).
The Justice Department’s complaint alleged that the school district terminated a paraprofessional with knee and shoulder impairments on the basis of her disability after 16 years of employment. The school district denied the employee’s reasonable accommodation request that, due to her physical limitations, would have excused her from a new policy requiring paraprofessionals to be trained to physically restrain school children and be available to perform restraints.
Under the agreement, the school district will revise its policies to ensure compliance with the ADA, train staff on the ADA, and file periodic reports with the Justice Department on implementation of the agreement. The school district will also pay $85,699 in back pay and compensatory damages to its former employee. This matter was based on a referral from the Equal Employment Opportunity Commission’s Massachusetts District Office.
“Even as we celebrate the 30th anniversary of the Americans with Disabilities Act, this case shows that barriers to equal employment opportunity still exist for employees with disabilities,” said United States Attorney Andrew E. Lelling. “Public employers must be leaders in prohibiting discrimination in public sector jobs and ensuring a fair workplace.”
“Work provides more than just a paycheck: it provides a sense of purpose, dignity, independence, self-worth, and belonging,” said Assistant Attorney General Eric Dreiband. “Without reasonable accommodations for their jobs, many people with disabilities cannot work and, as a result, are unable to achieve economic self-sufficiency and full participation in the workforce. As we celebrate the 30th Anniversary of the ADA, the Civil Rights Division renews its commitment to ensuring that all individuals have an equal opportunity to work free from discrimination based on disability.”
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.
U.S. Attorney Lelling and AAG Dreiband made the announcement today. The case was handled by Assistant U.S. Attorney Torey Cummings of Lelling’s Civil Rights Unit and the Justice Department’s Civil Rights Division.
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
Dominican National Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to distributing fentanyl.
Jose Guerrero-Soto, 26, pleaded guilty to one count of distribution of and possession with intent to distribute 40 grams or more of fentanyl and one count of conspiracy to distribute and to possess with intent to distribute 40 grams of more of fentanyl. U.S. District Court Judge William G. Young scheduled sentencing for Oct. 21, 2020. Guerrero-Soto was initially charged by criminal complaint and has been in custody since Sept. 12, 2019.
With a companion, Guerrero-Soto sold over 40 grams of fentanyl to an undercover officer in Lawrence on Sept. 12, 2019.
The charging statutes provide for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Massachusetts Attorney General Maura Healey; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorney James R. Drabick of Lelling’s Criminal Division is prosecuting the case.
Danvers Man Sentenced for Possession of Child PornographyRead the Press Release
BOSTON – A Danvers man was sentenced today for possession of child pornography.
Joseph Corbett, 51, was sentenced by U.S. District Court Judge Richard G. Stearns to three years in prison and five years of supervised release. In March 2020, Corbett pleaded guilty to possession of child pornography.
During a search of Corbett’s home on June 14, 2019, an iPhone belonging to him was located. Corbett provided the iPhone’s passcode to authorities and an onsite forensic review revealed images and videos of child pornography. Further review of the iPhone revealed approximately 35 images and approximately seven videos of child pornography, including prepubescent minors. In addition, conversations between Corbett and others on the Kik Messenger application were located that included messages with attached images and videos of child pornography.
United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Danvers Police Chief Patrick M. Ambrose; and Essex County District Attorney Jonathan Blodgett made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identity and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Cambridge Man Charged with Receipt and Possession of Child PornographyRead the Press Release
BOSTON – A Cambridge man was arrested today and charged with child pornography offenses.
Robert Wharton, 31, was charged in a criminal complaint with receiving and possessing child pornography. Following an initial appearance in federal court in Boston via videoconference, Wharton was detained pending a probable cause and detention hearing.
According to the charging documents, federal investigators developed evidence that a user of the Kik messaging application had electronically transmitted funds to another individual in exchange for access to internet links containing child pornography. The investigation revealed that those funds originated from Wharton and that Wharton resided at an apartment in Cambridge. Earlier today, during a search of Wharton’s apartment, Kik messages that Wharton had exchanged with the person to whom he had sent funds were discovered. In addition, various images and videos depicting naked children were found on Wharton’s phone, including a pornographic video that Wharton had received via the Telegram messaging application; this video depicts a young child performing oral sex on an adult.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a mandatory minimum of five years and up to life of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, a mandatory minimum of five years and up to life of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division made the announcement today. The Cambridge Police Department provided valuable assistance along with the Arlington, Newton and Revere Police Departments and the Massachusetts Department of Correction. Assistant United States Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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 Man Charged with Assaulting Officers with a Firearm During June 1 Civil Disorder in BostonRead the Press Release
BOSTON – A Boston man was charged today with assaulting officers with a firearm during the civil disorder in Boston early in the morning of June 1, 2020.
John Boampong, 37, was charged by criminal complaint with one count each of assaulting a federal officer, interfering with a law enforcement officer during the commission of a civil disorder, and being a prohibited person under felony indictment in possession of a firearm and ammunition. Boampong is currently detained in state court and will make an initial appearance in federal court in Boston at a later date.
“The charges in this case – which involve someone legally barred from having a gun indiscriminately firing 11 rounds at a crowd of officers and civilians – are a good reminder of a simple rule: Protests, even disruptive ones, are legal. Destroying property and endangering lives is not. We will enforce that rule. This is also today’s reminder that what police officers really do every day is put themselves at risk to protect our communities,” said United State Attorney Andrew E. Lelling. “My thanks to the Boston Police for their professionalism, restraint and sacrifices during the recent period of unrest.”
“Shooting toward police officers who are there for no other reason than to protect the public is appalling, and it’s against the law. So is illegally carrying a loaded handgun. But we believe that’s exactly what John Boampong is alleged to have done. He incited panic, putting everyone—including civilians—in danger,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s charges should send a clear message: there will be serious consequences for violent instigators who are exploiting legitimate, peaceful protests and engaging in violations of federal law.”
“On May 31, 2020, while people were expressing their First Amendment rights, others unfortunately turned to violence directed toward our city, its residents, and my officers,” said Boston Police Commissioner William Gross. “I’m pleased to work in partnership with the Federal Bureau of Investigations and the United States Attorney's Office bringing federal charges against John Boampong. This sends a clear message that people committing violent crime in our city, against our residents, and my officers, will not be tolerated.”
“On June 3, 2020, my office charged Mr. Boampong with 21 counts of armed assault with intent to murder. Since that day, he has been removed from the community pursuant to a dangerousness hearing initiated by the Suffolk County DA's Office,” said DA Rachael Rollins. “Mr. Boampong’s behavior was egregious, violent and unacceptable and he will be held accountable. Any opportunity to work in collaboration with our federal partners to keep Suffolk County residents and the members of law enforcement that are sworn to protect and serve us, is welcomed by my office.”
According to court documents, on the evening of May 31, 2020 and continuing through the morning of June 1, 2020, what began as a peaceful demonstration in Boston’s Back Bay neighborhood devolved into widespread acts of violence, vandalism, looting and destruction of police property, including the burning of at least one police vehicle on Tremont Street. Some protestors threw rocks, bricks and commercially-available explosives, such as M-80s, at police officers. Numerous police officers were injured.
It is alleged that, on June 1, 2020 at approximately 3:00 am, Boampong was driving his car near the Arlington Street and Boylston Street intersection in front of a store that had been victimized by looting that evening. Police officers instructed Boampong and his passengers to leave the area. The occupants of Boampong’s car initially became verbally combative towards the officers and failed to leave the area as instructed. When Boampong reversed the car, officers told him to stop, as officers and another vehicle were in the way. Boampong kept driving in reverse until one officer knocked with his baton on Boampong’s car to get his attention.
Boampong then drove away, but soon returned to the area, parked on Providence Street, and allegedly shot at least 11 times toward officers, including a deputized federal officer. The officers took cover by bracing or ducking behind cars and others objects. Bullets broke through the windows of two apartments above ground level in a building behind some of the officers.
When officers eventually stopped Boampong’s car, they saw a Sig Sauer P230 9mm firearm lying on the floor of the front passenger-side floor mat, and a black holster underneath the driver’s seat, where Boampong had been sitting. The firearm was recovered, examined and revealed to have Boampong’s fingerprint on it.
At the time, Boampong was prohibited from possessing a firearm or ammunition because he faced pending state charges carrying potential sentences exceeding one year.
The charge of assaulting federal officers provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charges of interfering with law enforcement officers during a civil disorder and being a prohibited person in receipt of a firearm or ammunition provide 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 Lelling, FBI Boston SAC Bonavolonta, Boston Police Commissioner Gross and Suffolk County District Attorney Rollins made the announcement today. Assistant U.S. Attorney John Dawley of Lelling’s Organized Crime and Gang Unit, and Assistant U.S. Attorney Scott L. Garland, Deputy Chief of Lelling’s National Security Unit, are prosecuting the case.
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.
Parent in College Admissions Case Sentenced to PrisonRead the Press Release
BOSTON – A California man was sentenced today for agreeing to pay more than $500,000 to participate in the college admissions scheme for his two children.
Manuel Henriquez, 56, the founder of Hercules Capital, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six months in prison, two years of supervised release during which time he is ordered to conduct 200 hours of community service, and ordered to pay a fine of $200,000. In October 2019, Henriquez pleaded guilty to one count of conspiracy to commit mail and wire fraud and honest services mail and wire fraud and one count of conspiracy to commit money laundering.
Beginning in 2015, Henriquez conspired with William “Rick” Singer and others to secure his children’s admission to selective colleges and universities through bribery and fraud. In June 2015, Henriquez paid Singer to have a corrupt proctor correct his older daughter’s answers on the SAT II subject tests. In October 2015, Henriquez again paid Singer to have a third party correct his older daughter’s answers on the SAT exam. Henriquez pursued exam cheating through Singer for his younger daughter on three additional occasions in 2016 and 2017, once in Houston, Texas and twice in Los Angeles, Calif. Finally, Henriquez paid Singer $400,000 to facilitate his older daughter’s admission to Georgetown University as a purported tennis recruit, even though she did not play tennis competitively.
In March 2020, the defendant’s wife, Elizabeth Henriquez, was sentenced to seven months in prison, two years of supervised release, during which time she is ordered to conduct 300 hours of community service, and ordered to pay a fine of $200,000.
Manuel Henriquez is the 28th parent to have pleaded guilty and the 20th parent to be sentenced in this case.
Singer previously pleaded guilty and is 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.
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. 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 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.
U.S. Attorney Lelling Announces MOU with Special Inspector General for Pandemic Recovery Brian D. MillerRead the Press Release
BOSTON – United States Attorney Andrew E. Lelling announced today that the U.S. Attorney’s Office for the District of Massachusetts has entered into a Memorandum of Understanding (MOU) with Special Inspector General Brian D. Miller of the Office of the Special Inspector General for Pandemic Recovery (SIGPR), to investigate and prosecute fraud in the distribution of the massive relief package authorized by the CARES Act.
“It’s an unfortunate reality that a certain kind of criminal capitalizes on crises to take advantage of government programs,” said U.S. Attorney Lelling. “Since the outset of this pandemic, my office has worked with our law enforcement partners to disrupt fraudulent schemes targeting the government’s pandemic relief efforts. This partnership with SIGPR marks an important step in enhancing that effort.”
The MOU will allow the U.S. Attorney’s Office and SIGPR to enhance their cooperative efforts in investigating and prosecuting matters involving loans, loan guarantees and other investments made by the Secretary of the Treasury under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, while using criminal and civil resources efficiently.
“I am looking forward to working with United States Attorney Andy Lelling and his team in Boston,” said Special Inspector General Miller. “Identifying fraud and preventing any waste or abuse of the money provided under the CARES Act is a top priority for both of our offices, and we are determined to bring those who attempt to steal from American taxpayers to justice. This partnership, I am confident, will help to ensure the security and efficiency of the CARES Act funds.”
The MOU outlines four objectives: 1) to provide a coordinated response to CARES Act funding fraud, with an emphasis on organized criminal activity, as well as criminal and civil fraud affecting federal money, vulnerable victims, and fraud recidivists; 2) to speed up legal process, case intake, and prosecution of CARES Act-related fraud; 3) to link and associate isolated CARES Act-related complaints with larger schemes and related unlawful activity; and 4) to deter future CARES Act funding fraud by increasing awareness of successful criminal prosecutions and civil enforcement actions against individuals and companies involved in CARES-related financial fraud.
Assistant U.S. Attorneys from the Criminal Division and the Civil Division of the U.S. Attorney’s Office will serve as liaisons to the partnership with SIGPR. The District of Massachusetts will also provide other staffing support for these investigations.
Massachusetts residents who believe they are victims of fraud or other criminal activity related to the pandemic should contact the U.S. Attorney’s Office at USAMA.VictimAssistance@usdoj.gov or call 1-888-221-6023. Members of the public can also contact the FBI’s Internet Crime Complaint Center (IC3) by visiting www.IC3.gov. If you or someone you know are in immediate danger, please call 911.
Member of North Shore Latin Kings Chapter Pleads Guilty to Drug Distribution ChargesRead the Press Release
BOSTON – A member of the North Shore Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) pleaded guilty today to drug distribution charges.
Henry Caribe a/k/a “King 40 Cal,” 29, pleaded guilty to conspiracy to distribute cocaine base. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Nov. 3, 2020. Caribe was charged in December 2019, at which time he was serving a state sentence.
During the plea proceedings, Caribe admitted to selling a cooperating witness over 70 grams of cocaine base, or “crack” cocaine, in a series of audio/video recorded sales that took place between January and March of 2015.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
The conspiracy charge provides for a sentence of up to 20 years in prison, a minimum of three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. 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.
Massachusetts Man Charged with Unemployment Insurance ScamRead the Press Release
BOSTON – A Melrose man was arrested today and charged in connection with his role in an unemployment insurance fraud scheme.
Alan Neal Scott, 68, was charged by criminal complaint with one count of mail fraud. Following an initial appearance today, Scott was detained pending a probable cause and detention hearing set for July 30, 2020.
According to charging documents, Scott allegedly 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 individuals 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. The complaint alleges that as a result of these fraudulent claims, the DUA sent unemployment benefits funds to several addresses connected to Scott and that the funds were deposited into accounts controlled by Scott.
The charging statute provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of not more than $250,000 or twice the gross gain or loss, whichever is greater, forfeiture 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; 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 the Homeland Security Investigations in Boston; Joseph Cronin, Inspector in Charge of the United States Postal Inspection Service; and Scott Antolik, 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 and Cyber Fraud Unit is prosecuting the case.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Harvard University Professor Charged with Tax OffensesRead the Press Release
BOSTON – The former Chair of Harvard University’s Chemistry and Chemical Biology Department was charged today in a superseding indictment with tax offenses for failing to report income he received from Wuhan University of Technology (WUT) in Wuhan, China.
Dr. Charles Lieber, 61, was indicted by a federal grand jury in Boston on two counts of making and subscribing a false income tax return and two counts of failing to file reports of foreign bank and financial accounts (FBAR) with the Internal Revenue Service (IRS). In June 2020, Lieber was indicted on two counts of making false statements to federal authorities. Lieber was arrested on Jan. 28, 2020.
The superseding indictment alleges that Lieber served as the Principal Investigator of the Lieber Research Group at Harvard University, which received more than $15 million in federal research grants between 2008 and 2019. Unbeknownst to his employer, Harvard University, Lieber allegedly became a “Strategic Scientist” at WUT and, later, a contractual participant in China’s Thousand Talents Plan from at least 2012 through 2015. China’s Thousand Talents Plan is one of the most prominent Chinese talent recruitment plans designed to attract, recruit and cultivate high-level scientific talent in furtherance of China’s scientific development, economic prosperity and national security.
Under the terms of Lieber’s three-year Thousand Talents contract, WUT allegedly paid Lieber a salary of up to $50,000 per month, living expenses of up to $150,000 and awarded him more than $1.5 million to establish a research lab at WUT. It is alleged that in 2018 and 2019, Lieber lied to federal authorities about his involvement in the Thousand Talents Plan and his affiliation with WUT.
According to the superseding indictment, in tax years 2013 and 2014, Lieber earned income from WUT in the form of salary and other payments made to him pursuant to the Strategic Scientist and Thousand Talents Contracts, which he did not disclose to the IRS on his federal income tax returns. The superseding indictment also alleges that Lieber, together with WUT officials, opened a bank account at a Chinese bank during a trip to Wuhan in 2012. Thereafter, between at least 2013 and 2015, WUT periodically deposited portions of Lieber’s salary into that account. U.S. taxpayers are required to report the existence of any foreign bank account that holds more than $10,000 at any time during a given year by the filing an FBAR with the IRS. Lieber allegedly failed to file FBARs for the years 2014 and 2015.
The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of making and subscribing false income tax returns provides for a sentence of up to three years in prison, one year of supervised release and a $100,000 fine. The charge of failing to file an FBAR 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; Assistant Attorney General for National Security John C. Demers; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; Philip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made this announcement. Assistant U.S. Attorney Jason Casey of Lelling’s National Security Unit is prosecuting this case with the assistance of Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section.
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.
Harvard University Professor Charged with Tax OffensesRead the Press Release
The former Chair of Harvard University’s Chemistry and Chemical Biology Department was charged today in a superseding indictment with tax offenses for failing to report income he received from Wuhan University of Technology (WUT) in Wuhan, China.
Dr. Charles Lieber, 61, was indicted by a federal grand jury in Boston on two counts of making and subscribing a false income tax return and two counts of failing to file reports of foreign bank and financial accounts (FBAR) with the Internal Revenue Service (IRS). In June 2020, Lieber was indicted on two counts of making false statements to federal authorities. Lieber was arrested on Jan. 28, 2020.
The superseding indictment alleges that Lieber served as the Principal Investigator of the Lieber Research Group at Harvard University, which received more than $15 million in federal research grants between 2008 and 2019. Unbeknownst to his employer, Harvard University, Lieber allegedly became a “Strategic Scientist” at WUT and, later, a contractual participant in China’s Thousand Talents Plan from at least 2012 through 2015. China’s Thousand Talents Plan is one of the most prominent Chinese talent recruitment plans designed to attract, recruit and cultivate high-level scientific talent in furtherance of China’s scientific development, economic prosperity and national security.
Under the terms of Lieber’s three-year Thousand Talents contract, WUT allegedly paid Lieber a salary of up to $50,000 per month, living expenses of up to $150,000 and awarded him more than $1.5 million to establish a research lab at WUT. It is alleged that in 2018 and 2019, Lieber lied to federal authorities about his involvement in the Thousand Talents Plan and his affiliation with WUT.
According to the superseding indictment, in tax years 2013 and 2014, Lieber earned income from WUT in the form of salary and other payments made to him pursuant to the Strategic Scientist and Thousand Talents Contracts, which he did not disclose to the IRS on his federal income tax returns. The superseding indictment also alleges that Lieber, together with WUT officials, opened a bank account at a Chinese bank during a trip to Wuhan in 2012. Thereafter, between at least 2013 and 2015, WUT periodically deposited portions of Lieber’s salary into that account. U.S. taxpayers are required to report the existence of any foreign bank account that holds more than $10,000 at any time during a given year by the filing an FBAR with the IRS. Lieber allegedly failed to file FBARs for the years 2014 and 2015.
The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of making and subscribing false income tax returns provides for a sentence of up to three years in prison, one year of supervised release and a $100,000 fine. The charge of failing to file an FBAR 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.
Assistant Attorney General for National Security John C. Demers; U.S. Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; Philip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made this announcement. Assistant U.S. Attorney Jason Casey of Lelling’s National Security Unit is prosecuting this case with the assistance of Trial Attorney David Aaron of the National Security Division’s Counterintelligence and Export Control Section.
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.
Former Real Estate Attorney and Wife Indicted on Mortgage Fraud and Tax ChargesRead the Press Release
BOSTON – A former Massachusetts attorney and his wife were indicted today in federal court in Boston in connection with various mortgage fraud schemes.
Barry Wayne Plunkett Jr., 60, and Nancy Plunkett, 55, both of Hyannis Port, were indicted on five counts of bank fraud and one count of aggravated identity theft. Barry Wayne Plunkett Jr. was also charged with one count of tax evasion.
According to the indictment, until he was disbarred in October 2017, Barry Wayne Plunkett Jr. owned and operated the Plunkett Law Firm where his wife, Nancy Plunkett, was his office assistant and paralegal.
The indictment alleges that the defendants engaged in several bank fraud schemes. In one scheme, from September 2012 to July 2016, the defendants defrauded six mortgage lenders and 14 homeowners for whom the Plunkett Law Firm handled the closings for new mortgage loans to refinance residential properties. The defendants informed the mortgage lenders that pre-existing mortgages were paid off from the new loan proceeds when, in fact, the Plunketts intentionally failed to pay off the prior liens and instead converted more than $900,000 in payoff funds for their own purposes.
In other bank fraud schemes – between April 2015 and March 2018 – it is alleged that the Plunketts fraudulently used various names, entities and false documents to obtain three successive mortgage loans on their home in Hyannis Port in amounts of $412,000, $470,000 and $1.2 million. The defendants pledged as collateral a property in Hyannis Port that was held in a family trust for which Barry Wayne Plunkett Jr. was one of three beneficiaries. Both defendants participated in providing false documents to the lenders, including false title reports and other records to falsely represent that the property was free and clear of existing mortgage liens and forged documents in the names of other people. The defendants also allegedly made misrepresentations to a lender that Nancy Plunkett was a single woman living in Wellesley who was purchasing the property in her maiden name as a business investment when, in fact, the defendants had been married since 2014 and the property was their residence.
The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of $250,000. The charge of tax evasion provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory two-year sentence to be served consecutively to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney 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 Investigation in Boston made the announcement today. Assistant U.S. Attorney Victor A. Wild of Lelling’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Former UCLA Soccer Coach Enters Guilty Plea in College Admissions CaseRead the Press Release
BOSTON – The former men’s soccer coach at the University of California – Los Angeles (UCLA), entered a guilty plea today in connection with his involvement in a scheme to use bribery and fraud to facilitate the admission of applicants to UCLA.
Jorge Salcedo, 47, of Los Angeles, Calif., entered a guilty plea as to one count of conspiracy to commit racketeering. U.S. District Court Judge Indira Talwani deferred acceptance of the plea until sentencing, which is scheduled for Nov. 24, 2020. 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 $200,000 and restitution.
In 2016, Salcedo agreed with William “Rick” Singer, Ali Khosroshahin – a former head coach of women’s soccer at the University of Southern California – and others to facilitate the admission of the daughter of Davina and Bruce Isackson to UCLA as a purported women’s soccer recruit. Salcedo emailed the UCLA women’s soccer coaches the Isacksons’ daughter’s transcript, test scores, and a fake soccer profile that he had received from Singer and Khosroshahin. When UCLA compliance officers questioned how the Isacksons’ daughter was discovered and whether she actually played soccer, Salcedo created a fake backstory about how he learned about the Isacksons’ daughter through a club team coach. Around June 29, 2016, UCLA provisionally admitted the Isacksons’ daughter as a recruited walk-on for the women’s soccer team. For his part in the deal, Salcedo received $100,000 of the $250,000 that the Isacksons paid Singer.
In 2018, Salcedo agreed with Singer and Khosroshahin to “recruit” the son of Xiaoning Sui, another client of Singer’s, to the UCLA men’s soccer team despite the fact that Sui’s son did not play soccer competitively. In the recruitment paperwork, Salcedo falsely reported that he had seen Sui’s son play in China and that he planned to offer him a 25% scholarship which would be “good value” for a player of his quality. Around Nov. 6, 2018, as a result of Salcedo’s recruitment, Sui’s son was admitted to UCLA as a student-athlete on the men’s soccer team with a 25% scholarship. In exchange, Salcedo accepted a $100,000 bribe from Singer, who had been paid $400,000 by Sui.
Salcedo also agreed with Singer to recruit another student. During a consensually recorded call on Nov. 30, 2018, Singer proposed to Salcedo that he had another student for Salcedo to recruit who was not a “real soccer player.” Singer asked Salcedo if they could “do the same deal we did with” Sui’s son. After Singer clarified that the deal would be for 2020, Salcedo affirmed that he could give the student a scholarship in return for $100,000.
Singer, Khosroshahin, Davina and Bruce Isackson, and Sui have all pleaded guilty to their roles in the offense. Sui was sentenced to time served of approximately five months in prison. Singer, Khosroshahin and Davina and Bruce Isackson 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 racketeering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater and 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; 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. 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.
Colombian National Agrees to Plead Guilty to $109 Million Medicare Fraud SchemeRead the Press Release
BOSTON – A Colombian national residing in Lighthouse Beach, Fla., has agreed to plead guilty in connection with submitting more than $109 million in false and fraudulent claims for durable medical equipment (DME) such as arm, back, knee and shoulder braces.
Juan Camilo Perez Buitrago, 31, was charged by information with one count of health care fraud and one count of payment of kickbacks in connection with a federal health care program. A plea hearing has not yet been scheduled.
According to charging documents, Perez manufactured and submitted false and fraudulent Medicare claims by instructing his employees to establish shell companies in more than a dozen different states, including Massachusetts. Perez directed employees to list his mother, wife, and yacht captain as corporate directors and to use fictitious names when registering the shell companies as DME providers. Perez allegedly purchased Medicare patient data from foreign and domestic call centers that targeted elderly patients, and instructed call centers to contact the Medicare beneficiaries with an offer of ankle, arm, back, knee, and/or shoulder braces “at little to no cost.” He then submitted Medicare claims for those patients without obtaining a prescriber’s order to ensure that the braces were medically necessary. It is further alleged that he submitted blatantly fraudulent claims, including claims for deceased patients and repeat claims for the same patient and the same DME. Perez failed to provide any DME for more than $7.5 million in claims. When Perez did provide DME to patients, he typically billed insurance policies more than 12 times the average price of the DME that he provided to the patient.
In total, the charging document alleges that Perez submitted $109 million in Medicare claims and collected more than $12 million.
Each charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Johnnie Sharp Jr., Special Agent in Charge of the Federal Bureau of Investigation, Birmingham Field Division: Phillip Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of the Inspector General, Boston Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Elysa Q. Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.
U.S. Attorney’s Office Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
BOSTON – Sunday, July 26, 2020, marks the 30th Anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.
The U.S. Attorney’s Office for the District of Massachusetts is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
“During my tenure as U.S. Attorney, my office has aggressively enforced civil rights protections on behalf of the people of Massachusetts, and nowhere is this more important than in the context of disability rights,” said United States Attorney Andrew E. Lelling. “The ADA is an important and powerful law that addresses issues ranging from making sure restaurants can accommodate wheelchairs, to ensuring that web services are accessible to those with vision, hearing and physical disabilities. Despite this year’s 30th anniversary commemoration, there is more work to do. Our role in advancing disability rights is crucial to ensure that the aspiration of the ADA—the elimination of discrimination against all forms of disability, both physical and mental—is achieved.”
Since the formation of the Civil Rights Unit in the fall of 2015, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes agreements with Tufts Medical Center to adopt policies that ensure effective communication for individuals who are deaf or hard of hearing and with McLean Hospital to make the hospital’s buildings physically accessible. In addition, the office entered into settlements with two skilled nursing facilities, Athena Health Care Systems and Charlwell House, ensuring that individuals prescribed medication assisted treatment to treat their opioid use disorder would not be denied admission. The U.S. Attorney's Office also reached agreements with a number of schools and school districts, including Hudson Public Schools, The Park School and Lexington Chinese School, to ensure that students with disabilities enjoy the same access to education and educational programs as their peers.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA requires that we take those steps necessary to ensure access for all.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
Boston Man Charged with Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Boston man was charged yesterday with being a felon in possession of firearms and ammunition.
Tevin Abercrombie, 25, was charged by criminal complaint with one count of being a felon in possession of a firearm and ammunition. Abercrombie is currently detained on a supervised release violation and will make an initial appearance in federal court in Boston at a later date.
According to the criminal complaint, on April 16, 2020, Abercrombie possessed a black Taurus 9mm pistol with an obliterated serial number, loaded with one round in the chamber and an additional seven rounds of 9mm ammunition in the magazine. In 2016, Abercrombie was convicted in federal court of being a felon in possession of a firearm and ammunition and conspiracy to distribute cocaine base, cocaine and heroin and sentenced to 60 months in prison. Abercrombie was on federal supervised release at the time of this offense.
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.
U.S. Attorney’s Office and FBI Team with AARP for Tele-Town Hall on COVID Scams Targeting SeniorsRead the Press Release
BOSTON – The U.S. Attorney’s Office and the Boston Division of the Federal Bureau of Investigation have partnered with AARP to educate senior citizens in Massachusetts about COVID-19 scams and other fraud targeting the aging population.
Through AARP’s Fraud Watch Network, approximately 5,600 Massachusetts seniors participated in the hour-long tele-town hall event yesterday with U.S. Attorney Andrew E. Lelling, federal prosecutors from the U.S. Attorney’s Office and the FBI. During the tele-town hall, federal officials discussed the types of schemes currently being reported, provided tips and tools on how to avoid becoming a victim and answered callers’ questions.
“As communities undertake efforts to stem the spread of COVID-19, scammers are using the pandemic as an opportunity to prey on public fear and take advantage of vulnerable members of our communities,” said United States Attorney Andrew E. Lelling. “Over recent months, we’ve seen a surge of scams including counterfeit medical supplies, bogus treatments and fake vaccines, and scams attempting to gain access to personal financial information. We are committed to finding and prosecuting those who perpetrate these scams as well as educating individuals about how to protect themselves from becoming victims of crime.”
“Scammers targeting seniors are a growing concern here in Massachusetts. Last year alone, more than $11.2 million in losses were reported to us by elderly victims, and we know for a fact these crimes are grossly underreported because of shame and embarrassment,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Fraudsters are using the uncertainty surrounding the COVID-19 pandemic to their advantage and that’s why we need to work together to put them out of business for good. Educating ourselves, as well as our aging family members and friends through tele-town halls like this one, is crucial to avoid becoming a victim.”
Throughout the current health crisis, federal investigators and prosecutors have continued to fulfill the Justice Department’s critical mission of protecting public safety. Federal authorities have prioritized the disruption, investigation and prosecution of crimes related to COVID-19, including fraud schemes, unapproved treatments and scams related to stimulus money and unemployment.
Massachusetts residents who believe they are victims of fraud or other criminal activity related to the pandemic should contact the U.S. Attorney’s Office at USAMA.VictimAssistance@usdoj.gov or call 1-888-221-6023. Members of the public can also contact the FBI’s Internet Crime Complaint Center (IC3) by visiting www.IC3.gov. If you or someone you know are in immediate danger, please call 911.
Eighteen Charged in Wide-Ranging Fentanyl, Heroin, Crack, and Cocaine ConspiracyRead the Press Release
BOSTON – Eighteen individuals from Massachusetts and elsewhere were charged in a superseding indictment unsealed today in federal court in Boston on charges related to a wide-ranging fentanyl, heroin, crack, and cocaine trafficking conspiracy.
Eight individuals, Pedro Baez, 50, of Fitchburg; Anthony Baez, 31, of Fitchburg; Amanda Ford, 33, of Fitchburg; Monica Troche, 27, of Fitchburg; Branny Taveras, 37, of Fitchburg; Shastaalena Blair, 39, of Fitchburg; Jessica Hughes 28, of Gardner; and Valerie Lucier, 30, of Fitchburg, were previously arrested and charged in a November 2019 indictment. Pedro and Anthony Baez are both detained pending trial. The superseding indictment unsealed today charges eight additional individuals who were arrested: Pablo Vidarte Hernandez, 46, of Fitchburg; Adiangel Paredes, 33, of Leominster; Kevin Martinez, 41, of Fitchburg; Ricky Figueroa, 29, of Fitchburg; Pedro Villot-Santiago, 30, of Fitchburg; Ivan Torres, 30, of Fitchburg; Jonathan Villot, 29, of Fitchburg; and Hector Matos, 29, of Whitinsville. Two other individuals were also indicted and remain at large.
The November 2019 indictment charged the defendants with one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine, 400 grams or more of fentanyl, 100 grams or more of heroin, and 28 grams or more of cocaine base (crack). Anthony Baez and Monica Troche were also charged with five counts of distribution and possession with intent to distribute and distribution of fentanyl, heroin, and cocaine.
The superseding indictment adds defendants Pablo Vidarte Hernandez, Adiagel Paredes, Kevin Martinez, Ricky Figueroa, and Pedro Villot-Santiago to count one and alleges the conspiracy involved one kilogram or more of heroin, 280 grams or more of cocaine base, 400 grams or more of fentanyl, and 500 grams or more of cocaine. The superseding indictment charges Pedro Baez and Anthony Baez with distribution and possession with intent to distribute 400 grams or more of fentanyl, 100 grams or more of heroin, and cocaine. In addition, the superseding indictment charges Ricky Figueroa, Pedro Villot-Santiago, Ivan Torres, Jonathan Villot, Hector Matos, and two others with conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base and 500 grams or more of cocaine.
The charge of conspiracy to distribute one kilogram or more of heroin, 280 grams or more of cocaine base, 400 grams or more of fentanyl, and 500 grams or more of cocaine provides for a sentence of up to life in prison, a term of supervised release of at least three years and up to life, and a fine of up to $10 million. The charge of conspiracy to distribute 280 grams or more of cocaine base and 500 grams or more of cocaine provides for a sentence of up to life in prison, a term of supervised release of at least four years and up to life, and a fine of up to $10 million. The other drug trafficking charges provide for a sentencing range of five years to a lifetime in prison, a term of supervised release of at least four years and up to life, and a fine of between $5 million to $10 million. Due to a previous conviction of a qualifying drug trafficking offense, Pedro Baez faces enhanced mandatory minimum sentences. 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 Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. The Fitchburg and Lunenburg Police Departments, U.S. Postal Inspection Service and Massachusetts State Police provided valuable assistance. 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 indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dorchester Man Charged in Second Superseding Indictment with Sex Trafficking over 15 Year PeriodRead the Press Release
BOSTON – A Dorchester man and a Rehoboth woman have been indicted by a federal grand jury in Boston on sex trafficking charges.
Bruce Brown, a/k/a “Arki,” 41, of Boston, was indicted in a second superseding indictment unsealed today in federal court. The second superseding indictment charges Brown with an additional count of sex trafficking by force, fraud or coercion and an additional count of conspiracy to commit sex trafficking. It also charges Muriel Close, 42, of Rehoboth, with conspiracy to commit sex trafficking.
Brown was previously indicted on Feb. 13, 2020, with four counts of sex trafficking by force, fraud, or coercion; one count of sex trafficking of a minor by force, fraud and coercion; one count of transportation of a minor for purposes of prostitution; and one count of conspiracy to commit sex trafficking. On June 16, 2020, Brown was charged in a superseding indictment with obstruction of justice and witness tampering for his attempt to influence a victim’s testimony related to the pending charges against him. Brown dubbed this scheme his “Plan B.”
According to the second superseding indictment, Brown engaged in the sex trafficking of five victims over a 15 year period beginning in June 2004 and continuing through approximately December 2019.
Close’s conspiracy charges are based on her conduct involving three victims, two from 2012, and one from 2019.
The charges of sex trafficking and conspiracy to commit sex trafficking provide for a sentence of up to life in prison, five years of supervised release and a $250,000 fine. The sex trafficking statute also imposes a mandatory minimum sentence of 15 years for offenses committed by means of force, threats of force, fraud or coercion. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The Newton Police Department provided valuable assistance in the investigation. The case is being prosecuted by Lelling’s Civil Rights Enforcement Team.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.