District of Massachusetts

A former Brockton, Massachusetts, man was indicted today by a federal jury in Boston on sex trafficking charges.

Matthew Engram, 32, was indicted on two counts of sex trafficking by force, fraud, or coercion, one count of attempted sex trafficking by force, fraud or coercion, two counts of transportation of an individual for purposes of prostitution, and one count of conspiracy to commit interstate travel in aid of a racketeering enterprise. 

“The Department of Justice is committed to eradicating the horrendous and immoral crime of sex trafficking as demonstrated by today’s indictment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division will continue to prosecute human traffickers and seek out justice on behalf of victims and survivors of all forms of human trafficking.”

“Sex traffickers prey on especially vulnerable young people and exploit them for profit in terrible ways,” said U.S. Attorney Andrew E. Lelling for the District of Massachusetts. “This is one of the most serious crimes we prosecute, and we will continue to devote significant resources to targeting and punishing those who commit this offense.”

As alleged in the indictment, from January 2009 until summer 2015, Engram recruited and trafficked three victims from a residence in Brockton, and elsewhere, and took all or part of the proceeds. Engram advertised on websites, exchanged text messages to share advertisements, organized prostitution dates, and reserved hotel rooms. It is alleged that Engram also transported, or caused to transport, the victims to other states, including Connecticut, Pennsylvania, New York, Virginia, Florida and Maine, to perform commercial sex acts.  

The charges of sex trafficking through force, fraud, or coercion or attempted sex trafficking each provides for a mandatory minimum sentence of 15 years and a maximum of life in prison, up to five years of supervised release, and a fine of up to $250,000. The charges of transportation of an individual for purposes of prostitution provides for a sentence of up to 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.  

Homeland Security Investigations conducted the investigation with assistance from the Boston Police Department. Assistant U.S. Attorney Suzanne Sullivan Jacobus, of U.S. Attorney Lelling’s Major Crimes Unit, and Trial Attorneys Shan Patel, Vasantha Rao and Maryam Zhuravitsky of the Civil Rights Division are prosecuting the case.

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

BOSTON – A former Brockton man was indicted today by a federal jury in Boston on sex trafficking charges.

Matthew Engram, 32 was indicted on two counts of sex trafficking by force, fraud, or coercion, one count of attempted sex trafficking by force, fraud or coercion, two counts of transportation of an individual for purposes of prostitution, and one count of conspiracy to commit interstate travel in aid of a racketeering enterprise. 

“Sex traffickers prey on especially vulnerable young people and exploit them for profit in terrible ways,” said United States Attorney Andrew E. Lelling. “This is one of the most serious crimes we prosecute, and we will continue to devote significant resources to targeting and punishing those who commit this offense.”

“The Department of Justice is committed to eradicating the horrendous and immoral crime of sex trafficking as demonstrated by today’s indictment,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division will continue to prosecute human traffickers and seek out justice on behalf of victims and survivors of all forms of human trafficking.”

As alleged in the indictment, from January 2009 until summer 2015, Engram recruited and trafficked three victims from a residence in Brockton, and elsewhere, and took all or part of the proceeds. Engram advertised on websites, exchanged text messages sharing advertisements, organized prostitution dates and reserved hotel rooms. Engram also allegedly transported, or caused to transport, the victims to other states, including Connecticut, Pennsylvania, New York, Virginia, Florida and Maine, to perform commercial sex acts.  

 The charges of sex trafficking through force, fraud, or coercion or attempted sex trafficking each provides for a mandatory minimum sentence of 15 years and a maximum of life in prison, up to five years of supervised release and a fine of up to $250,000. The charges of transportation of an individual for purposes of prostitution provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.  

U.S. Attorney Lelling; Assisting Attorney General Dreiband; and Jason Molina, Acting Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Suzanne Sullivan Jacobus, of Lelling’s Major Crimes Unit, and Trial Attorneys Shan Patel, Vasantha Rao and Maryam Zhuravitsky of the Civil Rights Division are prosecuting the case.

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

BOSTON – A Springfield man pleaded guilty yesterday in federal court in Springfield to failing to register as a sex offender.

Alberto Ayala pleaded guilty to one count of failure to register as a sex offender before U.S. District Court Judge Mark G. Mastroianni, who scheduled sentencing for March 26, 2020.  Ayala was indicted in February 2019, and has been in custody since his arrest on Sept. 26, 2018, for violating his conditions of parole in another criminal case.  

Ayala was convicted in New Jersey of sexual assault in 2006. While in New Jersey from 2011 to 2016, Ayala received, and complied with, many notices of his obligation to register as a sex offender. On Nov. 14, 2016, while Ayala was under parole supervision for the original sex offense, he submitted his last registration as a sex offender and vacated his address in New Jersey without advising his parole officer. Soon thereafter, a New Jersey parole warrant was issued for his arrest.

Ayala subsequently moved to Massachusetts, living in the Boston area in the summer of 2017 and in Springfield starting in April 2018. Ayala never registered as a sex offender in Massachusetts, and was arrested in Springfield on Sept. 26, 2018.

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 Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Alex J. Grant, of Lelling’s Springfield Branch Office, is prosecuting the case.

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

BOSTON – A Newton man was sentenced today in federal court in Boston for embezzling $1.6 million from elderly clients and failing to pay taxes on the embezzled funds.

Jeffrey Kellem, 49, was sentenced by U.S. District Court Judge William G. Young to 42 months in prison, three years of supervised release, and ordered to pay restitution in the amount of $1,289,002 and a fine of $250,000. In September 2019, Kellem pleaded guilty to four counts of wire fraud and one count of filing a false tax return.

Kellem used his position as an accountant for an elderly client, and the estate of a deceased client, to steal more than approximately $1.6 million for his own use. Kellem transferred his clients’ funds, without their authorization, to bank accounts he opened and controlled. He also failed to report more than $500,000 in income from the funds he took on his tax returns. As a result, in 2017, Kellem avoided paying taxes totaling more than $150,000.

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 Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit prosecuted the case. 

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, this past March the Department announced the largest elder fraud enforcement action in American history, charging more than 260 defendants in a nationwide elder fraud sweep.  The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.  

BOSTON - A Gloucester man was sentenced today in federal court in Boston for bank robbery.

Michael Robinson, 40, was sentenced by U.S. District Court Judge William G. Young to six years in prison and three years of supervised release. In June 2019, Robinson pleaded guilty to one count of bank robbery.

On Nov. 19, 2018, a man, later identified as Robinson, entered the Institution for Savings Bank in Gloucester, walked up to the teller counter, passed a handwritten note, and stole $2,650. Within minutes of the robbery, local police responded to the bank where they reviewed bank surveillance footage and recognized Robinson as the robber. Police also matched bank surveillance footage of Robinson to a recent Facebook photograph Robinson posted the previous weekend. In that Facebook photo, Robinson was wearing the same clothing he wore when he robbed the bank.  Only a few hours after the robbery, police apprehended Robinson on a bus in another city.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Gloucester Police Chief Edward G. Conley made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – An Easthampton attorney pleaded guilty yesterday in federal court in Springfield to numerous financial fraud charges.

Phillip R. Williams, pleaded guilty to 15 counts of wire fraud, two counts of engaging in financial transactions greater than $10,000 of proceeds derived from criminal activity, six counts of money laundering and two counts of tax fraud. Judge Mark G. Mastroianni scheduled sentencing for March 26, 2019. 

As a licensed attorney, Williams maintained various bank accounts, including Lawyers’ Trust Accounts, and was required to hold funds with the care required of a professional fiduciary, for the exclusive benefit of his clients.

In 2014, Williams engaged in numerous personal transactions with $453,695 belonging to two individuals who had transferred the funds into one of Williams’s Lawyer’s Trust Accounts for purposes of obtaining a bank loan. In April 2015, Williams failed to report the stolen money on his 2014 individual federal income tax return, and then again failed to report it on his amended return.

Between April 14, 2015 and Nov. 1, 2017, Williams received $230,500 from a client in three checks to purchase land. Williams deposited these funds into his bank accounts, but he did not use the funds to purchase land for the client, and instead engaged in various personal transactions with the money. In 2018, Williams sent e-mails to the client that falsely indicated that he had used the money to purchase land. 

Between June 2, 2017 and October 17, 2018, Williams fraudulently obtained loans in the name of the client and his company from two commercial lenders. For the loans, Williams falsely witnessed or notarized the forged signature of the client, who did not authorize or even know about the fraudulent loan applications. As a result, one of the lenders lent a total of $340,000, and the other lent a total of $334,000. Williams received four wire transfers of loan proceeds to his bank accounts totaling $379,888, which he spent for his own personal use. In February 2019, after one of the commercial lenders sought repayment of its loans, Williams sent fraudulent e-mails attaching a mortgage on his home that bore the falsely notarized and forged signature of his ex-wife, a false pre-approval letter for a loan to his mother that bore the forged signature of a bank officer, and a false power of attorney that bore the forged signature of the client. 

In addition, between Feb. 1, 2019 and March 31, 2019, Williams defrauded a private investment firm of approximately $1.1 million, and attempted to defraud another private investment firm of approximately $1.2 million, both concerning his purchase of a property in Saint Petersburg, Fla.

Lastly, between Jan. 16, 2019 and March 2, 2019, Williams attempted to defraud three other commercial lenders by obtaining loans (in the amounts of $1.365 million, $1.35 million, and $1.7 million), either on behalf of his client or himself, to purchase a property in Boston. 

The charges of wire fraud and money laundering provide for a sentence of up to 20 years in prison, five years of supervised release and a fine of $250,000. The charges of engaging in financial transactions greater than $10,000 provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charges of tax fraud provide for a sentence of up to three years in prison, three years of supervised release and a fine of $100,000.  Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.  

United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent In Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division; and  Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – Two Cohasset Police Officers were among the 19 law enforcement officers honored today by Attorney General William P. Barr for distinguished service in policing.

Officers Aaron Bates and Alexander Stotik, of the Cohasset Police Department, were honored at the Third Annual Attorney General’s Award for Distinguished Service in Policing for their courageous actions that saved the life of a woman who was being brutally attacked.

The officers were dispatched to a home where neighbors complained of loud noises and a fight.  After investigating, the officers heard a muffled scream, kicked in a locked door, and saw what they described as an “attempted murder in progress.” After a heated struggle, the officers were able to subdue the suspect, place him under arrest, and get medical attention for the victim. The officers exhibited extraordinary valor, bravery, courage, and professionalism in the face of extreme danger that would no doubt have resulted in the murder of the victim.

“Officers Bates and Stotik represent the very best of the law enforcement officers who protect and serve the people of Massachusetts every day,” said United States Attorney Andrew E. Lelling. “Their commitment to protecting the lives of others – at great personal risk – should be a model for the rest of us. I congratulate Officers Bates and Stotik on this tremendous honor.”

“Honoring and supporting the work of law enforcement officers and deputies is a top priority for the Trump Administration, and today is an opportunity for me to personally express my gratitude and commitment to those who risk their lives daily to protect our communities,” said Attorney General Barr. “The Attorney General’s Award for Distinguished Service in Policing honors exceptional police officers and the vital public service they provide. The brave men and women in law enforcement are engaged in an unrelenting and often unacknowledged fight to keep our communities safe each and every day. It is an honor to thank them for their service.”

The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. The Department received 199 nominations for 414 individuals ranging from state police departments, to local police, to campus public safety agencies. This award highlights the work that troopers, officers and deputies do to prevent, intervene in, and respond to crime and public safety issues.

BOSTON – A Weston man was arrested and charged yesterday 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, was charged in a criminal complaint unsealed today with one count of wire fraud. Park was arrested yesterday and appeared in federal court in Boston.

According to the complaint, between approximately 2010 and 2019, Park’s company, K&B Education Group, LLC, which did business under the name EduBoston, partnered with private high schools across at least 10 states, including Massachusetts, to recruit international students for enrollment. EduBoston collected tuition and other fees from the students’ families and was supposed to pay the students’ tuition to partnering schools prior to the start of each academic year. Park allegedly caused EduBoston to collect tuition and other payments from students’ families for the current academic year but failed to remit tuition payments to partnering schools. Instead, Park used the funds on unrelated expenses, including personal expenses. Park is also alleged to have caused EduBoston to collect advance tuition and other payments for the 2020-2021 academic year, which Park has failed to return to the students’ families. On or about Sept. 26, 2019, EduBoston announced that the company would be going out of business effective immediately. To date, Park has allegedly failed to pay the tuition owed, and has advised partnering schools that EduBoston is unable to pay.  The complaint alleges that records prepared by a consulting firm on behalf of EduBoston show that the company owes over $5 million to partnering schools.

Anyone with questions, concerns or information regarding this case can email edubostoncomplaints@fbi.gov.

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, the Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Assistant U.S. Attorney Leslie A. Wright of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.

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

BOSTON – The former owner of two Worcester restaurants pleaded guilty today in federal court in Worcester to conspiring with an employee to use drug proceeds to renovate and operate her Shrewsbury Street restaurant.   

Stacey Gala, 29, of Worcester, pleaded guilty to an indictment charging her with conspiracy to commit money laundering. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for March 11, 2020.

During the plea hearing, Gala admitted that she owned and operated The Usual Restaurant on Shrewsbury Street beginning in October 2016, along with her husband Kevin Perry. Gala and Perry employed Joseph Herman as the manager of The Usual. In March 2017, federal authorities arrested Perry after he was charged with money laundering and drug distribution offenses.   

After Perry’s arrest, Gala learned that Perry had concealed a significant amount of drug proceeds at a self-storage locker in Northborough. In May 2017, after Perry’s arrest, Gala and Herman conspired to retrieve the drug proceeds and to use them to renovate The Usual restaurant and to re-open the business under a new name and ostensibly new management. 

In October 2017, Perry pleaded guilty to the money laundering and drug distribution charges and was sentenced to 14 years in prison. In January 2019, Herman pleaded guilty to conspiracy to commit money laundering, making false statements to federal investigators and attempted witness tampering. He is scheduled to be sentenced on Feb. 24, 2020.   

The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000 or twice the value of the property involved. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service in Boston made the announcement. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office are prosecuting the case. 

BOSTON – A Stoughton man pleaded guilty today in federal court in Boston to distributing fentanyl and crack cocaine.

Matthew Pizarro, 30, pleaded guilty to two counts of distribution of fentanyl, one count of distribution of 40 grams or more of fentanyl and one count of possession with intent to distribute 28 grams or more of crack cocaine. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Feb. 20, 2020. Pizarro was indicted in October 2018, and has been in custody since his arrest in August 2018.

In July 2018, agents began an investigation into an overdose death, and learned that the victim obtained fentanyl from a friend, who had purchased the fentanyl from Pizarro. As part of the investigation, over the course of the next month, Pizarro sold approximately 100 grams of fentanyl to an undercover agent. On Aug, 7, 2018, Pizarro was arrested. A search of his residence resulted in the seizure of approximately 45 grams of crack cocaine, 20 grams of powder cocaine and a .25 caliber handgun and ammunition.   

The charges of distribution of 40 grams or more of fentanyl and possession with intent to distribute 28 grams or more of crack cocaine provide for a mandatory minimum sentence of five years and up to 40 years in prison, a mandatory minimum of four years and up to a lifetime of supervised release and a fine of up to $5 million. According to court documents, Pizarro has a prior drug conviction; therefore, he faces a mandatory minimum sentence of 10 years and up to life in prison, at least eight years and up to a lifetime of supervised release and a fine of up to $8 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; Sean Smith, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Assistant U.S. Attorneys Katherine Ferguson and Alathea Porter of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.

BOSTON – A Brockton man pleaded guilty today in federal court in Boston to firearm and drug charges.

Kawana Tillman, 47, pleaded guilty to being a felon in possession of a firearm and ammunition, one count of possession with intent to distribute cocaine base and one count of possession with intent to distribute more than 28 grams of cocaine base. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Feb. 26, 2020. Tillman was arrested on April 30, 2019, and has been in custody since.

On March 10, 2018, Tillman was illegally in possession of a Glock, Model 26, 9mm semi-automatic handgun and three rounds of 9mm ammunition. Tillman has prior felony drug conspiracy and firearm convictions, and is therefore prohibited from possession firearms and ammunition. On March 19, 2018, and April 30, 2019, Tillman was in possession of various amounts of cocaine base.

The charge of being a felon in possession of a firearm and ammunition provides a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute cocaine base carries 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 up to $1 million. The charge of possession with intent to distribute 28 grams or more of cocaine base provides for a mandatory minimum sentence of five years and up to 20 years in prison, a minimum of three years and up to a lifetime 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; 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; Suffolk County District Attorney Rachael Rollins; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Nicholas Soivilien 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.

BOSTON - A Brazilian national pleaded guilty and was sentenced today in federal court in Boston for illegally reentering the United States after being deported.  

Antonio Ferreira, 56, pleaded guilty to one count of illegal reentry of a deported alien, and was sentenced by U.S. District Court Judge Richard G. Stearns to time served (approximately 17 months). Following the sentencing hearing, Ferreira was transferred to ICE custody and will be placed into removal proceedings.

In 2007, Ferreira was encountered by law enforcement and determined to be illegally present in the United States. Ferreira was placed into removal proceedings and on April 5, 2007, he was deported to Brazil. Sometime thereafter, Ferreira illegally reentered the United States. In June 2018, law enforcement officers encountered Ferreira, obtained his fingerprints, and matched them to the prints in his alien file. 

United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Bellingham man was sentenced today in federal court in Boston in connection with a scheme to embezzle over $1 million from a Massachusetts company.  

Darren Cormier, 35, was sentenced by U.S. District Court Judge Richard G. Stearns to 31 months in prison, three years of supervised release and ordered to pay forfeiture and restitution each in the amount of $1,284,792.  In March 2019, Cormier pleaded guilty to one count of conspiracy to commit wire fraud and five counts wire fraud. Earlier this month, co-conspirator Michael H. Tran, 35, of Woonsocket, R.I., was sentenced in connection with the same scheme.  Tran was sentenced 46 months in prison, three years of supervised release and ordered to pay forfeiture and restitution each in the amount of $1,284,792.

Cormier, who worked as a product manager for a Bellingham manufacturing company, worked with Tran to embezzle millions of dollars from the company. From December 2013 to May 2016, Cormier told the company owners that he was purchasing equipment for the company using his PayPal account, which was linked to the company’s credit cards. Instead of making legitimate equipment purchases, however, Cormier used his PayPal account to pay Tran, who withdrew the money in cash and used it to pay for personal expenses. Tran and Cormier concealed the fraud by adjusting the names settings in Tran’s PayPal account to make it appear on account statements as if the payments were submitted to legitimate vendors. Cormier and Tran also submitted fraudulent invoices and purchase orders to the company in the name of some non-existent vendors, such as “A Plug Tool Supply” and “MHT Industrial.”

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. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, prosecuted the case.

BOSTON – A Bedford man pleaded guilty in federal court in Boston in connection with a kidnapping that began in Concord, Mass., and ended in Connecticut.

Julian Field, 24, pleaded guilty to one count of kidnapping before U.S. Senior District Court Judge Douglas P. Woodlock who scheduled sentencing for March 3, 2020. In February 2019, Field was charged and arrested in Key West, Fla.

On the evening of Feb. 3, 2019, Field broke into the home of a Concord resident and forced the victim to drive him to a train station in Connecticut, first stopping in Springfield, Mass., to attempt to procure illegal drugs. Field ultimately allowed the victim to leave and authorities subsequently tracked Field to Florida, where he was arrested. 

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Concord Police Chief Joseph O’Connor; and Bedford Police Chief Robert Bongiorno made the announcement today. FBI Miami and the Monroe County (FL) Sheriff’s Office provided valuable assistance with the investigation. Assistant U.S. Attorney Anne Paruti with Lelling’s Criminal Division is prosecuting the case.

BOSTON – A Worcester man and a Dominican national pleaded guilty today in federal court in Worcester for distributing fentanyl and heroin.

Albeiro Gomez, 55, of Worcester, and Erotides Mendez, 50, a Dominican national previously residing in New York City, each pleaded guilty to one count of conspiring to distribute heroin and more than 40 grams of fentanyl. Gomez also pleaded guilty to one count of distributing heroin and fentanyl, one count of distributing heroin and more than 40 grams of fentanyl, and one count of possessing cocaine with intent to distribute. Mendez also pleaded guilty to one count of distributing heroin and more than 40 grams of fentanyl and one count of possessing heroin and more than 40 grams of fentanyl with intent to distribute. U.S. District Court Judge Timothy J. Hillman scheduled Gomez’s sentencing for March 5, and Mendez’s sentencing for March 2, 2020. Gomez and Mendez were each arrested in December 2018.

According to court documents, investigators intercepted communications to and from the defendants’ phones which evidenced their drug trafficking activities. Mendez was involved in the acquisition of heroin and fentanyl in New York and the transportation of these drugs for sale in and around Worcester. Gomez was a livery driver in Worcester who used his livery vehicle to procure and distribute drugs, meet with customers and to collect cash derived from drug sales. 

In November 2018, law enforcement stopped a passenger van headed from New York City to Worcester, and observed Mendez – a passenger in the van – throw a bag containing approximately 150 grams of heroin from the van. In December 2018, agents stopped a car in which Mendez was a passenger and located approximately 150 grams of heroin and 138 grams of a mixture of fentanyl and heroin.

In connection with this investigation, Freiber Betancourth, of Worcester, previously pleaded guilty to drug trafficking charges and is scheduled to be sentenced on Jan. 27, 2020.  Betancourth distributed heroin and fentanyl from the parking lot of his employer. In addition, Jonathan Francisco Bobadilla Rosa, a Dominican national previously residing in Worcester, pleaded guilty to possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl, false representation of a Social Security number and aggravated identity theft. He is scheduled to be sentenced on Jan. 30, 2020.

Gomez and Mendez each face a sentence of between five and 40 years in prison, a minimum of four years and up to life of supervised release and a fine of $5 million on the drug charges alleging more than 40 grams of fentanyl. Gomez and Mendez each face 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 on the remaining drug charges. 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 Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistance with the investigation was provided by the Massachusetts State Police and the U.S. Department of State, Diplomatic Security Service, Boston Field Office. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.

BOSTON – 42 individuals have been charged with federal drug and firearm offenses as part of a  coordinated enforcement operation in the City of Holyoke dubbed “Operation Open Air.”  

The enforcement operation, which took place during October, was a coordinated effort by federal, state and local partners to focus on drug distribution activity in the City of Holyoke. The operation targeted the distribution of opioids, including heroin, and resulted in charges against a total of 17 people for federal drug offenses and an additional 25 for state firearms and drug offenses.

“These defendants sold heroin and fentanyl so they could profit from a crisis that is killing about 2000 Massachusetts residents a year,” said United States Attorney Andrew E. Lelling. “During this operation, law enforcement targeted and dismantled illegal drug markets operating in plain sight. Thanks to the coordinated partnership of local, state and federal law enforcement, dangerous drugs have been removed from the streets and Holyoke and surrounding communities are safer for all residents.”

“The catastrophic abuse of opioids is filling emergency rooms and graveyards. ‘Operation Open Air’ was carried out to temper future casualties of this crisis in the Pioneer Valley by shutting down the open peddling of deadly drugs in public spaces,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI and our law enforcement partners take pride in having struck one more serious blow to ruthless traffickers preying on our vulnerable neighbors.”

The majority of criminal charges resulted from “sweeps” in the City of Holyoke that targeted individuals distributing opioids in open, public spaces. The enforcement actions brought together federal, state and local officers from Western Massachusetts to conduct surveillance, investigate and arrest defendants.

The following defendants were arrested on federal charges:

1. Dennis Roman, 34, of Holyoke, conspiracy to distribute heroin and distribution of heroin;
2. Ronny Authier, 21, of Holyoke, distribution of and possession with intent to distribute heroin;
3. Christopher Lebron, 31, of Holyoke, distribution of heroin;
4. Alexis Santana, 18, of Holyoke, distribution of heroin;
5. Jayson Quinones, 35, of Holyoke, distribution of heroin; 
6. Herman Gomez, 20, of Holyoke, distribution of heroin;
7. Joevani Pagan, 28, of Holyoke, distribution of heroin;
8. Alexis Tapia, 34, of Holyoke, distribution of heroin and cocaine;
9. Juan Rivera-Velez, distribution of heroin;
10. Milagros Gaetan, 50, distribution of heroin;
11. Jose Cruz, 42, distribution of cocaine;
12. Jeffrey Caride, 38, of  Holyoke, distribution of heroin;
13. Miquiana Laboy, 22, of Holyoke, distribution of heroin and cocaine;
14. Gilbert Ramos, 25, of Holyoke, distribution of heroin;
15. Manuel Sanchez, 26, of Holyoke, distribution of heroin;
16. Pedro Rivas-Morales, 21, of Holyoke, distribution of and possession with intent to distribute heroin; and
17. Roberto Santiago; 44, of Holyoke, distribution of and possession with intent to distribute heroin.

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

U.S. Attorney Lelling; Hampden District Attorney Anthony D. Gulluni; FBI SAC Bonavolonta; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Holyoke Police Chief Manuel Febo made the announcement today. Valuable assistance was provided by the FBI’s Western Massachusetts Gang Task Force and the Holyoke Police Department. Assistant U.S. Attorneys Todd Newhouse, Neil Desroches, Christopher Morgan, and Catherine Curley of Lelling’s Springfield Branch Office are prosecuting the case.

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

BOSTON - A Dominican national was sentenced today in federal court in Boston in connection with using a U.S. citizen’s identity for more than 11 years. The U.S. citizen died in Puerto Rico in 2018.

Ramon Alberto Mejia Garcia was sentenced by U.S. District Court Judge Richard G. Stearns to 17 months in prison. Mejia Garcia will face deportation proceedings upon completion of his sentence. In July 2019, Mejia Garcia was convicted by a federal jury of making a false statement on a passport application.

On an unknown date, Mejia Garcia obtained the birth certificate of a U.S. citizen from Puerto Rico, and used it to obtain various identification documents, including a Social Security card, a Massachusetts liquor identification card, a Massachusetts driver’s license and a MassHealth card.   

On May 14, 2008, Mejia Garcia walked into a U.S. Postal Office in Roxbury and submitted a passport application with his picture attached, but used the U.S. citizen’s name and identifiers. The passport was ultimately issued. In July 2018, when the passport was about to expire, Mejia Garcia sent in a passport renewal application in the false identity. In September 2018, when his renewed passport did not arrive, Mejia Garcia went to the National Passport Center in Portsmouth, N.H., to check on his application. He was subsequently arrested and has remained in custody since that time.  

Law enforcement began investigating Mejia Garcia after he pleaded guilty to a 2010 involuntary manslaughter and assault and battery charge after throwing a glass at a young man’s neck in a Boston bar. Mejia Garcia was prosecuted and served his jail time under the U.S. citizen’s identity.

United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration; and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorneys David Tobin and Mackenzie Queenin of Lelling’s Criminal Division prosecuted the case.

BOSTON – A Chicopee man pleaded guilty on Friday, Nov. 22, 2019, in federal court in Springfield to receiving child pornography.

Victor Stepus, 51, pleaded guilty to three counts of receipt of child pornography and one count of possession of child pornography. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 20, 2020.   Stepus has been in custody since his arrest in August 2015.       

A search of Stepus’s residence resulted in the seizure of a personal computer that contained over 8,000 images and 33 videos of child pornography. These included images depicting the sexual abuse, including bondage, of girls as young as eight years old. During an interview with agents, Stepus admitted that, for the past several years, he used his home computer to access and download child pornography two to three times per week. 

The charge of receipt of child pornography provides a minimum mandatory sentence of five years and up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release, a fine of $250,000, forfeiture and restitution, on each count. The charge of possession of child pornography provides a sentence of up to 10 years in prison, a minimum of five years and up to a lifetime of supervised release, a fine of $250,000, 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Chicopee Police Chief William R. Jebb made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch 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/.

BOSTON – A Westborough man was arrested today for trafficking in contraband smokeless tobacco.

Muhammad Mushtaq Balaparaya, 58, was charged in an indictment unsealed today with two counts of trafficking in contraband smokeless tobacco. According to the indictment, between December 2014 and October 2016, and again between July 2017 and April 2018, Balaparaya transported more than 500 units of contraband smokeless tobacco in violation of federal law. 

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

United States Attorney Andrew E. Lelling; Kelly Brandy, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement.  Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office are prosecuting the case.

BOSTON – A Mansfield man was sentenced today in federal court in Boston for failure to register as a sex offender.

Lawrence Sheedy, 45, was sentenced by U.S. District Court Judge Richard G. Stearns to two years in prison and five years of supervised release. In November 2018, Sheedy pleaded guilty to one count of failure to register as a sex offender. Sheedy was indicted in May 2018 and has been in federal custody since completing a state sentence in January 2019.

In 2004, Sheedy was convicted in Virginia of one count of sexual battery on a child less than thirteen years of age and sentenced to 20 years in prison, with four years to serve and the balance suspended for 20 years of probation. As a result, under Virginia law, Sheedy was required to register as a sex offender for life, and required by the Sex Offender Registration and Notification Act (SORNA) to register as a sex offender in any jurisdiction where he resided or worked. After his release from prison on this offense, Sheedy was convicted of other offenses and served additional time in prison.

In 2017, after his most recent release from prison, Sheedy left Virginia without the permission of the probation department, and moved to Massachusetts, where he lived in Mansfield and eventually worked in Foxborough. He did not inform authorities in Virginia that he had moved, and did not register as a sex offender in Massachusetts. In March 2018, Sheedy was arrested for an unrelated state offense, and discovered to be in violation of probation out of Virginia.  Law enforcement also learned that Sheedy had not registered, as required by law, with the Massachusetts Sex Offender Registry Board.

United States Attorney Andrew E. Lelling and John Gibbons, U.S. Marshal for the District of Massachusetts made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Maine man has been arrested and charged with Hobbs Act robbery.

William “Billy” Angelesco, 48, of Saco, Maine, was indicted on one count of interfering with commerce by threats or violence. Angelesco was arrested this morning and will appear in federal court in Portland, Maine today.  He will appear in Boston at a later date.

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Abington Police Chief David G. Majenski made the announcement today. Assistance was provided by the Saco (Maine) Police Department. Assistant U.S. Attorney Laura J. Kaplan of Lelling’s Organized Crime and Gang Unit is prosecuting the case.

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

BOSTON – A federal grand jury has indicted a Holden man for cocaine and firearms offenses.

William Hoey, 39, was charged with three counts of possession with intent to distribute cocaine and distribution of cocaine; one count of possession with intent to distribute cocaine; one count of possession with intent to distribute more than 500 grams of cocaine; one count of using and carrying a firearm during and in relation to, and possessing a firearm in furtherance of, a drug trafficking crime; and one count of possession of a firearm in furtherance of a drug trafficking crime.

The charge of possession with intent to distribute cocaine and distribution of cocaine provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of possession with intent to distribute more than 500 grams of cocaine provides for a sentence of between five and 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. The charge of using and carrying a firearm during and in relation to, or possessing a firearm in furtherance of a drug trafficking crime provides for a mandatory 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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement. 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Colombian national, previously deported following conviction for cocaine trafficking, was indicted yesterday by a federal grand jury for illegal reentry.

Fabian Herrera Vasquez, 36, of East Boston, was indicted on one count of unlawful reentry of a deported alien. Herrera Vasquez was arrested and charged by complaint in October 2019 and has been held in federal custody since that time.

According to the charging documents, Herrera Vasquez was deported to Colombia on June 19, 2009, after a 2007 conviction for six counts of cocaine trafficking in Middlesex County. At the time of his deportation, Herrera Vasquez’s fingerprints and photograph were affixed to his warrant of removal.

According to the charging documents, in 2014, Herrera Vasquez was arrested by police for cocaine trafficking, at which time immigration authorities lodged a detainer. For reasons unknown, Herrera Vasquez was released from state custody, defaulted at his next court date and a warrant was issued for his arrest. On Sept. 19, 2019, Herrera Vasquez was arrested in Revere for various motor vehicle violations. At that time, he presented a Pennsylvania license with his photograph on it but in the identity of a Puerto Rican born United States citizen.

His fingerprints were difficult to obtain because of noticeable alterations. Ultimately, Herrera Vasquez was identified by, among other things, a fingerprint match of the print on his warrant of removal and the prints taken from his September 2019 arrest.   

The charging statute for illegal reentry provides for a sentence of up to 20 years in prison, three years of supervised release and a fine 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 Marcos D. Charles, Acting Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement (ICE) Boston made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Worcester man was indicted by a federal grand jury yesterday in connection with unlawfully importing salamander and turtle species.    

Nathan Boss, 27, was charged by indictment with two counts of smuggling wildlife into the United States, two counts of smuggling wildlife out of the United States, and making a false statement to a federal agent. Boss was arrested and charged by criminal complaint in October 2018.

According to the charging documents, on Sept. 19, 2019, federal investigators intercepted an inbound U.S. Postal Service package from Hong Kong that was addressed to “Shelton Boss” at an address on Mildred Avenue in Worcester. The package was found to contain four black-breasted leaf turtles (Geoemyda spengleri), a species included in the Convention for Trade in Endangered Species and Wild Fauna, an international agreement joined by the U.S. that governs the importation of designated wildlife. Specifically, any black-breasted leaf turtle imported into the United States must be declared and approved by Fish and Wildlife Service before any shipment can be received. 

The charges provide 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 David Sykes, Resident Agent in Charge of the U.S. Fish and Wildlife Service, Office of Law Enforcement made the announcement today. Assistance with the investigation was provided by the U.S. Postal Inspection Service, U.S. Customs and Border Protection, the Massachusetts Division of Fisheries and Wildlife and the Massachusetts Environmental Police. Assistant U.S. Attorney Nadine Pellegrini of Lelling’s Criminal Division is prosecuting the case. 

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

BOSTON – A federal grand jury indicted four members of a violent Brockton drug crew today on charges of conspiring to distribute fentanyl and illegal firearm possession.

Placido Pereira, 33; Natalio Miranda, 28; and Djoy Defrancesco, 23, all of Brockton, and Jason Miranda, 24, of Taunton, were charged in the indictment with conspiracy to distribute 40 grams or more of fentanyl and six counts of distribution of fentanyl. The indictment charges Pereira and Jason Miranda with possession of 40 grams or more of fentanyl. The indictment charges Periera with possessing with intent to distribute 40 grams or more of fentanyl, being a felon in possession of a firearm and ammunition and possessing a firearm during a drug trafficking offense. Finally, the indictment charges Jason Miranda with possessing with intent to distribute fentanyl and being a felon in possession of a firearm. The defendants are currently detained in federal custody.

As alleged in charging documents, law enforcement began investigating a violent Brockton-area drug crew that distributed large quantities of fentanyl throughout southeastern Massachusetts. The drug crew, which refers to itself as “HSM,” for “Head Shot Mafia,” ran a fentanyl delivery service that encompassed all of Brockton as well as neighboring cities. Specifically, it is alleged that drug users/customers placed orders for fentanyl by contacting a cellphone maintained and shared by HSM crew members, and that HSM members worked together to deliver the fentanyl order. Beginning in September 2019, agents succeeded in introducing an undercover law enforcement officer to HSM, who made six purchases of fentanyl from members of the crew. On six occasions in September 2019, the undercover officer purchased fentanyl from Pereira, Natalio Miranda, Jason Miranda and Defrancesco.

A search of Pereria’s Brockton home resulted in the seizure of approximately 70 grams of fentanyl, a loaded firearm, over $5,000 in cash and the cell phone used by HSM to distribute fentanyl. A search of Jason Miranda’s home in Taunton resulted in the seizure of approximately 30 grams of fentanyl, a firearm and $28,000 in cash.

According to court documents, in 2017, Pereira was convicted of unlawful possession of a firearm and possession with intent to distribute marijuana and was sentenced to three years in prison. In 2010, Pereira was arrested on drug trafficking charges at Logan Airport as he returned to the U.S. from Cape Verde and was sentenced to 30 months in prison and three years of supervised release. Natalio Miranda sold fentanyl to an undercover officer while on probation for a state drug trafficking offense. Defrancesco sold fentanyl to an undercover officer while on pre-trial release from a Plymouth Superior Court indictment charging him with trafficking in fentanyl and possession of a high capacity feeding device, among other offenses.

The charge of conspiracy to distribute 40 grams or more fentanyl provides for a mandatory minimum sentence of five years and up to 40 years in prison, four years of supervised release and a fine of up to $5 million. The charge of conspiracy to distribute fentanyl provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million.  Possession of a firearm during a drug trafficking crime provides for a five year mandatory minimum sentence and up to life in prison, five years of supervised release and a fine of $250,000.  The charge of felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief John Crowley; John Gibbons, U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy J. Cruz made the announcement today. Assistance was provided by the East Bridgewater, West Bridgewater, Whitman and Bridgewater State University Police Departments as well as the Plymouth County Sheriff’s Office. Assistant U.S. Attorney Christopher Pohl of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

BOSTON – Eight individuals from Fitchburg and Gardner were charged with participating in a wide-ranging fentanyl, heroin and cocaine trafficking conspiracy.

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 charged in an indictment unsealed today with conspiracy to distribute and possession with intent to distribute fentanyl, heroin, cocaine and cocaine base. Anthony Baez and Troche were also each indicted on various drug possession and distribution charges. 

Hughes, who is currently incarcerated on state charges, will be transferred to federal custody. The remaining defendants were arrested this morning.

The charge of conspiracy to distribute fentanyl, heroin, cocaine, or cocaine base provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. The other drug trafficking charges provide for a sentencing range of five years to a lifetime in prison, at least four years of supervised release and a fine of between $5 million to $10 million. Due to a previous conviction of a qualifying drug trafficking offense, Pedro Baez faces an 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 case was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF). The Fitchburg Police Department, U.S. Postal Inspection Service and the Lunenburg Police Department also provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case. 

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

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

BOSTON – A Chelsea man was indicted today by a federal grand jury in Boston for the September 2019 robbery of a branch of the TD Bank in Chelsea.

Edward Robert Rezendes, 66, was indicted on one count of bank robbery. Rezendes, who is currently on supervised release for an unrelated bank robbery, was charged by criminal complaint in U.S. District Court earlier this month.

According to charging documents, on Sept. 10, 2019, Rezendes entered the bank, handed a teller a demand note, and left the bank with approximately $3,760.

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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Chelsea Police Chief Brian Kyes made the announcement made the announcement. Assistant U.S. Attorney Adam W. Deitch of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A U.S. Postal Service (USPS) employee was sentenced today for embezzling over $20,000 in payments from customers.

Austin Correia, 22, of New Bedford, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 24 months of probation, with the first three months to be served in home confinement, and 25 hours of community service. In July 2019, Correia pleaded guilty to one count of theft of embezzlement and theft of public money, property or records. As part of his plea agreement, he has already paid $20,584 in restitution to the USPS in full.

Correia began working for USPS at the end of 2017 as a Sales & Service Distribution Associate at both the Mount Pleasant and Coffin Station Post Offices in New Bedford. In this role, Correia had the ability to issue foreign and domestic postal money orders and sell stamps to customers. Correia engaged in a scheme in which he received a cash payment from customers to purchase stamps or money orders, but voided out the valid transactions to make it appear as if they did not occur. Correia provided the customer with the USPS product, but took the cash payment for his own personal use either by pocketing the money or by purchasing gift cards sold at the Post Office. In total, Correia embezzled over $20,000 from USPS.

United States Attorney Andrew E. Lelling and Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office, made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit prosecuted the case.

BOSTON – The U.S. Attorney’s Office announced today that The Assistance Fund (“TAF”), a foundation based in Orlando, Fla., has agreed to pay $4 million to resolve allegations that it violated the False Claims Act by enabling certain pharmaceutical companies to pay kickbacks to Medicare patients taking the companies’ drugs.

TAF operated a fund that was ostensibly for any Medicare patient with multiple sclerosis (MS). The government alleged, however, that TAF conspired with three MS drug manufacturers so that the fund functioned as a conduit for money from those manufacturers to patients taking their MS drugs.  The conspiracy enabled the pharmaceutical companies to ensure that Medicare patients did not consider the high costs that the companies charged for their MS drugs. The conspiracy also minimized the possibility that the companies’ money would go to patients taking competing MS drugs made by other companies.

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

“Pharmaceutical companies and foundations cannot undermine the Medicare program through the use of kickbacks disguised as routine charitable donations. TAF operated as a vehicle for specific pharmaceutical companies to pay kickbacks at the ultimate expense of the American taxpayers who support the Medicare program,” said United States Attorney Andrew E. Lelling. “We will continue to pursue this kind of enforcement until the practice disappears.”

“TAF cared more about helping its big pharma donors make money than about helping individual patients in need of life changing assistance. The FBI is proud to be a part of the investigation that brought TAF’s corrupt practices to light, and we will continue to seek justice against any person or entity involved in such schemes,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.

“Foundations that coordinate with pharmaceutical company donors to benefit the donors are not operating independently to equitably benefit needy patients,” said Gregory E. Demske, Chief Counsel to the Inspector General.  “Our Integrity Agreements promote independence between foundations and their donors and require the foundations to provide assistance to eligible patients on a first-come, first-served basis.” 

The United States alleged that TAF conspired with three MS drug manufacturers – Teva, Biogen, and Novartis – to enable them to pay kickbacks to Medicare patients taking their drugs. Details of the alleged conduct can be found in attached addendum.

The amount of the settlement announced today was determined based on analysis of TAF’s ability to pay after review of its financial condition.

TAF entered a three-year Integrity Agreement (IA) with HHS-OIG as part of the settlement. The IA requires, among other things, that TAF implement measures designed to ensure that it operates independently and that its arrangements and interactions with pharmaceutical manufacturer donors are compliant with the law. In addition, the IA requires compliance-related certifications from TAF’s Board of Directors and detailed reviews by an independent review organization.

TAF is the third foundation to settle allegations of kickbacks. In total, the three foundations (TAF, Chronic Disease Fund, and Patient Access Network Foundation) have paid $10 million. In addition, the United States has collected more than $840 million in total from eight pharmaceutical companies (United Therapeutics, Pfizer, Actelion, Jazz, Lundbeck, Alexion, Astellas and Amgen) to resolve allegations that they used third-party foundations as instruments for kickbacks.

U.S. Attorney Lelling, HHS-OIG Chief Counsel Demske and FBI SAC Bonavolonta made the announcement today. The U.S. Postal Inspection Service also assisted with the investigation. The matter was handled by Assistant U.S. Attorneys Gregg Shapiro and Abraham George, of Lelling’s Affirmative Civil Enforcement Unit, with assistance from Trial Attorney Douglas Rosenthal, of the Department of Justice’s Civil Division.

ADDENDUM

TAF’s solicitation and receipt of payments from Teva that correlated with TAF’s spending on Copaxone renewal patients. Teva sells Copaxone, and TAF’s MS fund provided grants to cover Medicare co-pays for patients taking Copaxone. TAF’s MS fund also provided grants to cover Medicare co-pays for patients taking other MS drugs, such as Avonex and Tysabri, which Biogen sells, and Gilenya, which Novartis sells. In the month of December prior to each of the years 2011-2015, TAF conveyed to Teva how much money TAF’s MS fund needed to renew co-pay grants for the fund’s existing Copaxone patients in the upcoming year. In order to determine these amounts, which ranged from over $18 million to over $30 million per year, TAF multiplied the number of Copaxone patients in the fund by the fund’s average grant amount, and then added the cost of TAF’s administrative fee. TAF understood that Teva knew how TAF was calculating the amounts of these funding requests, and that, accordingly, Teva was using TAF’s MS fund as a conduit to cover Medicare co-pays for Copaxone patients.

TAF’s practice of not maintaining wait lists and its coordination of the openings of the MS fund with Teva, Biogen, and Novartis. During the period from 2011-2014, TAF’s MS fund frequently ran out of funding and was closed to new patients. If any patients applied for co-pay assistance at that time, TAF did not maintain a wait list of such patients. As a consequence, whenever TAF’s MS fund received a payment and opened to new patients, the fund provided grants to the patients who applied immediately after the opening and did not provide grants to patients who had sought to apply earlier, but at a time when the fund was closed. As described further below, TAF’s practice of not maintaining wait lists enabled TAF to coordinate with Teva, Biogen, and Novartis to ensure that TAF used the companies’ funding to cover the co-pays of patients taking their respective drugs.

TAF’s coordination with Teva. During the period from 2011 to 2014, Teva not only made large payments to TAF’s MS fund to cover the renewal of grants for Copaxone patients at the beginning of each year, Teva also made numerous smaller payments, typically less than $3 million each, to TAF’s MS fund at subsequent times during each year. In conjunction with each of these smaller payments, TAF coordinated with Teva and Teva’s vendor, Advanced Care Scripts (“ACS”), to ensure that Copaxone patients received a disproportionate share of the grants from the fund during each window when the fund opened after a Teva payment. Each time that Teva was prepared to make a payment, TAF understood that ACS had told Teva how many Copaxone patients were awaiting assistance. Meanwhile, TAF had told Teva the average MS fund grant amount at the time of the payment. TAF knew that Teva was multiplying the average grant amount by the number of waiting Copaxone patients to determine the amounts Teva would pay to TAF’s MS fund. TAF further knew that, whenever Teva made a payment to TAF’s MS fund and the fund opened, ACS immediately would send a “batch file” of Medicare co-pay assistance applications for Copaxone patients. As a result, each time TAF’s MS fund opened after one of Teva’s post-January payments during this period, Copaxone patients received a substantial majority of the grants that the fund provided, even though Copaxone accounted for much less than a majority of the overall MS drug market. Further, TAF maintained a “portal” that gave ACS real-time access to the enrollment status of the patients ACS referred; the portal, as TAF knew, enabled ACS to update Teva on the number of Copaxone patients who had received grants from TAF’s MS fund.

TAF’s coordination with Biogen. Biogen made payments to TAF’s MS fund on May 24 and July 17, 2012, as part of a coordinated effort by TAF and Biogen to use Biogen’s money to cover Medicare co-pays for Tysabri patients. TAF knew that, when the fund opened after each of these two Biogen payments, ACS immediately would send a “batch file” of Medicare co-pay assistance applications for Tysabri patients. As a result, when TAF’s MS fund opened after Biogen’s payments on May 24 and July 17, 2012, Tysabri patients received a disproportionate share of the grants that the fund provided. During the course of this scheme, a TAF co-founder e-mailed a Biogen vice president and referred to the scheme as the “TYS[abri] project.” The e-mail confirmed that the scheme had succeeded in funneling money from Biogen to Tysabri patients through TAF’s MS fund. 

TAF’s coordination with Novartis. Beginning in October 2012, TAF and Novartis began to coordinate on a means of ensuring that Novartis’s next payment to TAF’s MS fund would go almost exclusively to Gilenya patients. Ultimately, TAF and Novartis agreed that Novartis would pay TAF’s MS fund $1,418,000 and that TAF would open the fund at 6:00 p.m. on Friday, December 14, 2012. At the time, TAF knew that Novartis had arranged for staff from Novartis’s vendor, Express Scripts, to work overtime that night and the following morning to refer Gilenya patients to TAF’s MS fund for Medicare co-pay assistance. Express Scripts and TAF referred to this effort as their “12/15 Saturday project.” TAF knew that the timing of the opening of the fund, and the readiness of Express Scripts to submit applications on behalf of Gilenya patients at that time, would result in Gilenya patients receiving a disproportionate share of the grants from the fund while it was open. After the fund closed on Saturday, December 15, 2012, TAF confirmed that, during the brief period the fund had been open, TAF used Novartis’s money to provide Medicare co-pay grants to 374 Gilenya patients and 6 non-Gilenya patients for 2013.

TAF’s discrimination against Tysabri patients in 2014. In late December 2012, Biogen provided TAF’s MS fund with funding that TAF understood was to cover grant renewals in 2013 for patients on Biogen’s MS drugs, Tysabri and Avonex. During 2013, TAF applied that Biogen funding to grants for patients on those two Biogen drugs. In late 2013, TAF learned that Biogen did not intend to support TAF’s MS fund for 2014. At the time, TAF also knew that the Medicare co-pay for Tysabri was significantly higher than the Medicare co-pays for the other MS drugs TAF’s MS fund covered. Because Biogen would not support TAF’s MS fund in 2014, and because the co-pays for Tysabri were higher than for other MS drugs, TAF decided not to renew co-pay assistance grants to a number of Tysabri patients in 2014. This thereby increased the available funding for assistance to patients taking drugs made by companies such as Teva that were continuing to finance TAF’s MS fund.

BOSTON – The principal and co-founder of a North Andover mortgage short sale assistance company pleaded guilty today in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions.

Jaime L. Mulvihill, 40, pleaded guilty to conspiracy to commit wire fraud before U.S. Senior District Court Judge Rya W. Zobel who scheduled sentencing for Feb.25, 2020. Mulvihill was charged on Nov. 8, 2019, with co-conspirator Gabriel T. Tavarez.

Together the defendants founded and operated Loss Mitigation Services, LLC. The charges arise out of the defendants’ scheme to steal undisclosed and improper fees from mortgage lenders in connection with short sales of homes. A short sale occurs where the mortgage debt on the home is greater than the sale price, and the mortgage lender agrees to take a loss on the transaction.

Loss Mitigation Services, purportedly acting on behalf of underwater homeowners, negotiated with mortgage lenders for approval of short sales in lieu of foreclosure. Mortgage lenders typically forbid short sale negotiators, such as Loss Mitigation Services, from receiving any proceeds of a short sale.

According to the court documents, from 2014 to 2017, Mulvihill and, allegedly, Tavarez, directly or through their employees, falsely claimed to homeowners, real estate agents and closing attorneys that mortgage lenders had agreed to pay Loss Mitigation Services fees known as “seller paid closing costs” or “seller concessions” from the proceeds of the short sales. In reality, the mortgage lenders had never approved Loss Mitigation Services to receive those fees. When the short sales closed, at the instruction of Mulvihill, or others working with him and Tavarez, settlement agents paid Loss Mitigation Services the fees, which typically were 3% of the short sale price above and beyond any fees to real estate agents, closing attorneys and others involved in the transaction. To deceive mortgage lenders about the true nature of the fees, Mulvihill or Tavarez filed, or caused others to file, false short sale transaction documents with mortgage lenders, including altered settlement statements and fabricated contracts and mortgage loan preapproval letters. Mulvihill and, allegedly, Tavarez, fabricated the transaction documents, or caused them to be fabricated, in order to justify the additional fees and conceal that they were being paid to Loss Mitigation Services.

The defendants defrauded the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation and the U.S. Department of Housing and Urban Development.

The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. 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; Robert Manchak, Inspector General of the Federal Housing Finance Agency; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; 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. Attorneys Sara Miron Bloom and Brian M. LaMacchia of Lelling’s Office are prosecuting the case.

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

BOSTON - A Chinese national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.

Chun Lin Zhang, 43, pleaded guilty to one count of illegal reentry of a deported alien. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Feb. 19, 2020.

Zhang was previously deported on July 17, 1999. Law enforcement officers discovered Zhang on Jan. 29, 2018, and determined him to be illegally present in the United States.

The charge of illegal reentry provides for a sentence of up to two years in prison, up to three years of supervised release and a fine of $250,000. Zhang 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.

United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Criminal Division is prosecuting this case.

BOSTON – Martin Fox, the former president of a private tennis academy in Texas, pleaded guilty today in connection with his involvement in a scheme to use bribery to facilitate the admission of applicants to selective colleges and universities.

Fox, 62, of Houston, Texas, pleaded guilty to one count of conspiracy to commit racketeering. U.S. District Court Judge Indira Talwani scheduled sentencing for Feb. 14, 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 and restitution.

In 2015, Fox introduced co-conspirator William “Rick” Singer to Michael Center, a tennis coach at the University of Texas (U-Texas). Center facilitated the admission of a son of one of Singer’s clients to U-Texas as a purported tennis recruit in exchange for a bribe. In return for assisting with the bribe transaction, Singer paid Fox $100,000.

Between 2015 and 2018, Fox also agreed with Singer and others to facilitate cheating on the ACT and SAT college entrance exams. Fox funneled bribe payments from Singer to Niki Williams, a test administrator for the ACT and SAT, for four of Singer’s clients. In exchange, Williams allowed someone else to purportedly proctor the exams, despite knowing that this person was not proctoring the exam consistent with ACT and SAT requirements. Singer typically paid Fox $25,000 per exam, a portion of which Fox funneled to Williams.

Williams has pleaded not guilty. The charges against her are allegations, and she is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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

The charge of 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, of Lelling’s Securities and Financial Fraud Unit, and Carol Head, of Lelling Asset Recovery Unit, are prosecuting the case.

BOSTON – A nurse at the Department of Correction’s Massachusetts Alcohol and Substance Abuse Center (MASAC) in Plymouth, was sentenced today for distributing Suboxone strips to inmates in the facility.

Julie A. Inglis-Somers, 40, of Kingston, Mass., was sentenced by U.S. District Court Judge Indira Talwani to time served (11 days) and three years of supervised release with the first three months to be served in home detention. Additionally, Inglis-Somers is prohibited from seeking reinstatement of her nursing license.  

In June 2019, Inglis-Somers pleaded guilty to providing Suboxone to two inmates at MASAC on multiple occasions in November and December 2018. Suboxone, a Class III controlled substance used to treat heroin addiction, is sometimes misused to get high. Suboxone is a coveted contraband in prisons across the nation and is particularly popular in New England.  In December 2018, Inglis-Somers was charged by criminal complaint and arrested in Jacksonville, Fla. after fleeing Massachusetts.

MASAC is one of five facilities in Massachusetts where, under Massachusetts General Laws, a state court judge can send a person who the judge determines to be a danger to self or others due to substance abuse. MASAC is the only such facility overseen by the Massachusetts Department of Corrections. 

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. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption and Special Prosecutions Unit prosecuted the case.

BOSTON – A former nursing assistant at the Veterans Affairs (VA) Medical Center in Bedford was sentenced today in federal court in Boston for making false statements to federal agents in connection with an investigation of a patient’s death.    

Patricia A. Waible, 52, of Nashua, N.H., was sentenced by U.S. District Court Judge F. Dennis Saylor IV to one year of probation. In July 2019, Waible was charged and agreed to plead guilty to two counts of making false statements.

On July 3, 2016, Waible, a nursing assistant at the time, worked the overnight shift from midnight to 8:00 a.m. at the Bedford VA’s nursing home unit. During the shift, Waible’s responsibilities included conducting hourly bed checks. Early that morning, a patient who suffered from several serious medical ailments was found unresponsive and not breathing. The patient was transferred by ambulance to an emergency room, where he was later pronounced dead. During the ensuing investigation, on two separate occasions, Waible falsely stated to federal agents that she had conducted the hourly checks on the patient during her shift.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Sean Smith, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, made the announcement today. Assistant U.S. Attorneys Amanda P.M. Strachan, Chief of Lelling’s Health Care Fraud Unit, and William B. Brady, also of Lelling’s Health Care Fraud Unit, prosecuted the case.

BOSTON – A Fall River woman was arrested today for fraudulently receiving Social Security disability benefits.    

Gloria Camara, 60, was indicted on one count of theft of public funds and one count of making a false statement. She is scheduled to appear before U.S. District Court Magistrate Judge Dein at 3:30 p.m. 

According to the indictment, over a period of ten years, Camara stole approximately $81,929 in Social Security benefits. In April 2017, she falsely told the Social Security Administration that her only income came in the form of unemployment compensation benefits and wages from two companies when she was also earning income as a caregiver. 

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

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

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

Louis Ackerman Jr., 45, was charged by criminal complaint with possession of child pornography. Ackerman had his initial appearance this afternoon before Magistrate Judge Donald L. Cabell who will schedule a detention hearing for next week.  Ackerman remains in custody.

According to the charging document, during the execution of a federal search warrant at Ackerman’s home today, law enforcement found hundreds of videos and images of child pornography on his laptop and multiple printed computer pages depicting child pornography under his bed. 

The charging statute provides for a sentence of up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of Massachusetts State Police; Barnstable Police Chief Matthew Sonnabend; and Duxbury Police Chief Stephen McDonald made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case. 

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

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

BOSTON – Thirty-two individuals have been charged with federal and state drug and gun charges. Seventy-nine guns, including assault weapons, have been removed from streets in the Greater Lawrence area.

This morning, over 70 federal, state and local law enforcement officers carried out the arrests of individuals alleged to have sold a large number of firearms and a variety of controlled substances, including fentanyl, heroin and cocaine. Eighteen of the 32 defendants are alleged to be members or associates of the Trinitarios street gang in Lawrence.

The following individuals were charged in U.S. District Court:

1. Arismendy Gil-Padilla, a/k/a “Flow,” 29, of Methuen, was charged with being a felon in possession of firearms and ammunition, and distribution of and possession with intent to distribute cocaine and 40 grams or more of fentanyl;
2. Jonathan Arias, 29, of Indianapolis, Ind., was charged with being a felon in possession of firearms and ammunition;
3. Emilio Rodriguez, 32, of Lynn, was charged with distribution of and possession with intent to distribute 28 grams or more of cocaine base;
4. Enrique Rosario, a/k/a “Kike”, 32, of Lawrence, was charged with being a felon in possession of firearms and ammunition;
5. John Harry Morales, a/k/a “Harry”, 33, of Lawrence, was charged with being a felon in possession of firearms and ammunition;
6. Jose Aponte, a/k/a “Kiko”, 33, of Lawrence, was charged with distribution of and possession with intent to distribute 100 grams or more of heroin, and being a felon in possession of firearms and ammunition;
7. Jose Omar Hernandez-Aragones, a/k/a “Omar,” 22, of Lawrence, was charged with being a felon in possession of firearms and ammunition and distribution of and possession with intent to distribute cocaine and cocaine base;
8. Kevin Gomez, a/k/a “Monkey,” 31, of Haverhill, was charged with distribution of and possession with intent to distribute heroin, and being a felon in possession of firearms and ammunition;
9. Keysi Batista, 30, of Methuen, was charged with distribution of and possession with intent to distribute 40 grams or more of fentanyl;
10. Luis Ruiz Gonzalez, 27, of Lawrence, was charged with being a felon in possession of firearms and ammunition, distribution of and possession with intent to distribute fentanyl; and
11. Yisthen Ynoa, a/k/a “Cantifla,” 34, of Lawrence, was charged with distribution of and possession with intent to distribute cocaine.

The following 21 individuals were charged by the Essex County District Attorney’s Office with various state firearm and drug offenses:

1. Pedro Arias, 63, of Lawrence;
2. Jonathan Delgado, 35, of Lawrence;
3. Victor Diaz, 22, of Lawrence;
4. Luis Diaz-Brito, a/k/a “Blackie,” 22, of Lawrence;
5. Yolvie Diaz-Martinez, 22, of Salem;
6. Ulises Espinal, a/k/a “Ezequiel,” 34, of Methuen;
7. Robinson Gaston-Santana, 29, of Lawrence;
8. Francis Gotay, 29, of Haverhill;
9. J.M.[1];
10. J.R.2;
11. Jose Nunez, a/k/a “Oreja,” 24, of Methuen;
12. Anthony Nunez-Romano, 20, of Methuen;
13. Alexis Paredes, a/k/a “Cabeza,” 31, of Lawrence;
14. Kevin Perez-Lorenzo, 20, of Salem;
15. Guaril Poche-Brito, a/k/a ‘Chamakito,” 21, of Haverhill;
16. Kenneth Rodriguez, 31, of Lawrence;
17. Temistocles Santana, a/k/a “Omar,” 28, of Lawrence;
18. Jael Guillen-Perez, 20, of Haverhill;
19. Alan Acosta, 23, of Lawrence;
20. Abigail Arias, 20, of Lawrence; and
21. Eliezer Taveras, a/k/a “Bad Bunny,” 18, of Lawrence.

Depending on the drug quantity, the federal drug trafficking conspiracy and distribution charges provide a sentence of up to 20 years, 40 years, or life in prison; a minimum of three, four or five years and up to a lifetime of supervised release; and fines of $1 million, $5 million and $10  million. The federal firearms charges provide for sentences of up to 10 years in prison, three years of supervised release and a fine of $250,000.    

United States Attorney Andrew Lelling; Essex County District Attorney Jonathan Blodgett; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Carol Mici of the Massachusetts Department of Corrections; and Lawrence Police Chief Roy P. Vasque made the announcement today. The FBI’s North Shore Gang Task Force provided assistance with the investigation.

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

[1] These individuals are juveniles or were juveniles at the time they committed criminal offenses.

BOSTON – Two Massachusetts men were arrested today and charged with conducting an extensive scheme to take over victims’ social media accounts and steal their cryptocurrency using techniques such as “SIM swapping,” computer hacking and other methods. 

Eric Meiggs, 21, of Brockton, and Declan Harrington, 20, of Rockport, were indicted on one count of conspiracy, eight counts of wire fraud, one count of computer fraud and abuse and one count of aggravated identity theft. Meiggs and Harrington were arrested today and released on conditions following an initial appearance in federal court in Boston.

Meiggs and Harrington allegedly targeted executives of cryptocurrency companies, and others, who likely had significant amounts of cryptocurrency and those who had high value or “OG” (“Original Gangster”) social media account names.  It is alleged that Meiggs and Harrington conspired to hack into, and take control over, these victims’ online accounts so they could obtain things of value, such as cryptocurrency.  They used an illegal practice known as “SIM-swapping” and other techniques to access, take control of, and in some cases steal cryptocurrency from, the accounts. 

As alleged in the indictment, with “SIM swapping,” cybercriminals convince a victim’s cell phone carrier to reassign the victim’s cell phone number from the SIM card inside the victim’s cell phone to the SIM card inside a cell phone controlled by the cybercriminals. Cybercriminals then pose as the victim with an online account provider and request that the provider send account password-reset links or an authentication code to the SIM-swapped device now controlled by the cybercriminals. The cybercriminals can then reset the victim’s account log-in credentials and then access the victim’s account without authorization, or “hack into” the account. 

Meiggs and Harrington allegedly targeted at least 10 identified victims around the country. Members of the conspiracy allegedly stole, or attempted to steal, over $550,000 in cryptocurrency from the victims. Meiggs allegedly took control over two victims’ “OG” accounts with social media companies. 

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; United States Attorney Andrew E. Lelling of the District of Massachusetts; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney Amy Harman Burkart, Chief of Lelling’s Cybercrime Unit and Senior Trial Attorney Mona Sedky of the Justice Department’s Computer Crime and Intellectual Property Section and are prosecuting the case. 

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

Two Massachusetts men were arrested today and charged in U.S. District Court in Boston with conducting an extensive scheme to take over victims’ social media accounts and steal their cryptocurrency using techniques such as “SIM swapping,” computer hacking and other methods. 

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew E. Lelling for the District of Massachusetts, Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office and Special Agent in Charge Kristina O’Connell of IRS Criminal Investigations (IRS-CI) made the announcement.

Eric Meiggs, 21, of Brockton, Massachusetts, and Declan Harrington, 20, of Rockport, Massachusetts, were charged in an 11-count indictment, charging them with one count of conspiracy, eight counts of wire fraud, one count of computer fraud and abuse and one count of aggravated identity theft.

According to the indictment, Meiggs and Harrington allegedly targeted executives of cryptocurrency companies and others who likely had significant amounts of cryptocurrency and those who had high value or “OG” (slang for “Original Gangster”) social media account names.  Meiggs and Harrington allegedly conspired to hack into, and take control over, these victims’ online accounts so they could obtain things of value, such as cryptocurrency.  They used an illegal practice known as “SIM-swapping” and other techniques to access, take control of, and in some cases steal cryptocurrency from, the accounts. 

As alleged in the indictment, with “SIM swapping” cybercriminals convince a victim’s cell phone carrier to reassign the victim’s cell phone number from the SIM card (or Subscriber Identity Module card) inside the victim’s cell phone to the SIM card inside a cell phone controlled by the cybercriminals.  Cybercriminals then pose as the victim with an online account provider and request that the provider send account password-reset links or an authentication code to the SIM-swapped device now controlled by the cybercriminals.  The cybercriminals can then reset the victim’s account log-in credentials and can then use the log-in credentials to access the victim’s account without authorization, or “hack into” the account. 

According to the indictment, Meiggs and Harrington targeted at least 10 identified victims around the country.  Members of the conspiracy allegedly stole, or attempted to steal, over $550,000 in cryptocurrency from these victims alone.  Meiggs allegedly took control over two victims’ “OG” accounts with social media companies. 

The FBI and IRS-CI are investigating the case.  Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Amy Harman Burkart, Chief of the Cybercrime Unit, are prosecuting the case. 

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

BOSTON – A Taunton man was indicted yesterday in federal court in Boston on firearm and drug charges.

Samael Mathieu, 23, was indicted on one count of possession of a firearm and ammunition while under indictment and one count of possession with intent to distribute a controlled substance.

According to court documents, on Oct. 1, 2019, Mathieu was arrested in Taunton in possession of approximately 30 grams of fentanyl, two 9mm semi-automatic handguns and 37 rounds of 9mm ammunition. Prior to this arrest, Mathieu was under indictment in Plymouth Superior Court for possession of a firearm and possession of a controlled substance.

The charge of possessing a firearm and ammunition while under indictment provides a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute a controlled substance provides a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Office; Bristol County District Attorney Thomas Quinn; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Taunton Police Chief Edward Walsh; and Fall River Police Chief Albert Dupere made the announcement. 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 indictment are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

BOSTON – A Provincetown man was indicted today by a federal grand jury in Boston with distribution, receipt and possession of child pornography.

Kerry Adams, 59, was indicted on one count each of receipt of child pornography, possession of child pornography and distribution of child pornography. Adams was arrested and charged by criminal complaint in Oct. 17, 2018, and has been in federal custody since that time.

According to court documents, a federal search warrant was executed on Oct. 17, 2019 at Adams’s residence in Provincetown were multiple devices, including laptops, thumb drives and SD cards were located. During an initial on-scene forensic review of a laptop, hundreds of files in the computer’s peer-to-peer software program were located. At least a dozen of these files were found to contain child pornography, and three of the files contained videos depicting pre-pubescent boys engaging in sexual acts. These same three files had been previously downloaded from Adams’s IP address using the peer-to-peer software program to a law enforcement investigative computer. During a consensual interview, it is alleged that Adams initially denied that there would be pornography of 10-14 year-old-boys on his computer, but later admitted that 13-15 year-old-boys were once of sexual interest to him, but are not anymore.

Members of the public who have questions, concerns, or information regarding this case should call 617-748-3274. 

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

United States Attorney Andrew E. Lelling; Stephen Marks, Special Agent in Charge of U.S. Secret Service in Boston; and Barnstable Police Chief Matthew Sonnabend made the announcement today. Valuable assistance was provided by Provincetown Police Department and the Department of Homeland Security Investigations. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.

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

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

BOSTON – A Framingham man was sentenced on Tuesday, Nov. 12, 2019, for selling guns locally that were purchased in Pennsylvania. 

Mitchell Daniells, 33, was sentenced by U.S. District Court Judge George A. O’Toole to 97 months in prison and three years of supervised release. In June 2019, Daniells was convicted by a federal jury of dealing in firearms without a license and unlawful possession of a firearm while felony charges were pending.

In January, February and March 2015, Daniells and a straw buyer acting at Daniells’ request, purchased firearms at several gun stores in Pennsylvania. Daniells transported the guns to Massachusetts, where he unlawfully sold them. Daniells obliterated many of the firearms’ serial numbers, but investigators were able to restore them, permitting the firearms to be traced back to the gun stores. While the government introduced evidence at trial that Daniells trafficked 10 guns in the three month time period, the jury also heard that he was selling guns for more than three years, since 2012.

Daniells sold the guns “on the street” to drug dealers and gang members, while other guns ended up in the hands of domestic abusers. For example, Demetrius Williams, a convicted leader of the Columbia Point street gang, was arrested with a gun that traced back to Daniells. Williams’s co-defendant, Benjamin Figeroa, also received a gun from Daniells. Most recently, police recovered a gun traced back to Daniells during a domestic abuse arrest in July 14, 2018.

Daniells was also convicted of possession of a Smith and Wesson 9mm pistol purchased for him by the straw buyer on March 27, 2015, and sold by Daniells to a government’s witness for $800 three days later.

United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement today. Assistant U.S. Attorneys Glenn Mackinlay and Timothy Moran of Lelling’s Organized Crime and Gang Unit prosecuted the case.

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

BOSTON – A former Allston man was sentenced on Tuesday, Nov. 12, 2019, in federal court in Boston for his role in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.

Jesse Gillis, 32, previously of Allston and San Diego, Calif., was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to 72 months in prison and five years of supervised release. Gillis was also ordered to forfeit $500,000. In March 2018, Gillis pleaded guilty to conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine and conspiracy to launder monetary instruments.

In November 2016, Gillis, and 10 co-defendants were charged with various methamphetamine offenses relating to a transnational trafficking scheme. All 11 defendants have pleaded guilty, and 10 have been sentenced. From at least 2013 to November 2016, Gillis and others participated in a conspiracy to transport significant quantities of methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways. 

Co-conspirator James Giannetta, 64, formerly of Canton, was the organizer of the conspiracy and was responsible for the distribution of approximately 200 pounds of methamphetamine sent from California to Massachusetts.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and Jared C. Dolan of Lelling’s Narcotics & Money Laundering Unit prosecuted the case.

The investigation 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.

BOSTON – A Greenfield woman was sentenced yesterday in federal court in Springfield in connection with concealing nearly half a million dollars from a federally insured financial institution.

Marlene Borer, 68, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (one day) in prison and two years of supervised release. In September 2018, Borer pleaded guilty to one count of conspiracy to make false statements to a federally insured financial institution and one count of false statements to a federally insured financial institution.

In August 2011, Borer’s brother, Jeffrey Borer, and his then-wife owed Wells Fargo Bank approximately $1.32 million in outstanding loans. In March 2012, Borer, who was acting as her brother’s bookkeeper, received approximately $1.1 million, which related to a judgment from a Honduran court, into her Massachusetts bank account. $486,000 of the $1.1 million judgment belonged to Jeffrey Borer and his then-wife. A few days after Marlene Borer received the money, her brother e-mailed her to “keep [the] bulk” of their funds in her account because “Wells Fargo might be conducting an asset search on us to try and recover the judgments. Just transfer what is needed to pay bills as they arrive.” Marlene Borer distributed their funds from her account as he requested.

On or about May 24, 2012, Marlene Borer prepared a false personal financial statement for Jeffrey Borer and his then-wife, stating that they only had $4,200 in the bank. Jeffrey Borer provided the personal financial statement to Wells Fargo, which relied upon it to negotiate their debt. On Oct. 31, 2012, Jeffrey Borer and his then-wife executed a settlement agreement with the bank, in which Wells Fargo agreed to forgive their personal obligations in exchange for a payment of $50,000.

In October 2019, Jeffrey Borer was sentenced to 10 months in prison.

United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office prosecuted the case.

BOSTON – A former real estate executive was sentenced today in federal court in Boston in connection with paying bribes to facilitate the admission of his children to the University of Southern California (USC) as purported athletic recruits.

Toby Macfarlane, 56, of Del Mar, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six months in prison, two years of supervised release, 200 hours of community service and ordered to pay a fine of $150,000. In June 2019, Macfarlane pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.

Macfarlane agreed to pay $450,000 to facilitate the admission of his children to USC as purported athletic recruits. In October 2013, co-conspirators Ali Khosroshahin and Laura Janke, who at the time coached the USC women’s soccer team, agreed to “recruit” Macfarlane’s daughter to the women’s soccer team. As part of the recruitment process, Khosroshahin and Janke created a falsified athletic profile for Macfarlane’s daughter. The falsified profile, which, among other things, described her as a “US Club Soccer All American” was submitted to the USC subcommittee for athletic admissions. In March 2014, Macfarlane’s daughter received a formal acceptance letter from USC. Macfarlane subsequently issued a $200,000 check to The Key, Singer’s for-profit business, with “Real Estate Consulting & Analysis” written in the memo line. Ten days later, Singer caused The Key to issue a $100,000 payment to a private soccer club controlled by Khosroshahin and Janke.

In November 2016, Macfarlane re-engaged Singer to pursue the scheme for his son. Janke created a falsified basketball profile for Macfarlane’s son. Donna Heinel, the senior athletic director at USC, presented Macfarlane’s son to the USC subcommittee for athletic admissions. In February 2017, Macfarlane’s son received a conditional acceptance letter from USC. Macfarlane subsequently issued a $50,000 check to USC Athletics and a $200,000 check to The Key, but which was deposited into Singer’s sham charity, the Key Worldwide Foundation, to pay for the scheme.

Khosroshahin and Janke have pleaded guilty and are also 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 and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.

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

BOSTON – The former director of a private elementary and high school in West Hollywood, Calif. pleaded guilty today in the college admissions case.

Igor Dvorskiy, 53, of Sherman Oaks, Calif., pleaded guilty to conspiracy to commit racketeering before U.S. District Court Judge Indira Talwani, who scheduled sentencing for Feb. 7, 2020. Dvorskiy is cooperating with the government’s investigation. 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 and a fine.

Dvorskiy administered the SAT and ACT exams at the private school in Los Angeles where he worked. In exchange for bribe payments directed to him by co-conspirator William “Rick” Singer – typically $10,000 per student – and in violation of his duty of honest services to the ACT and the College Board, Dvorskiy allowed another co-conspirator, typically Mark Riddell, to purport to proctor the ACT and SAT exams for the children of Singer’s clients, and to replace exam answers with corrected answers. Dvorskiy then returned the falsified exams to the ACT and College Board for scoring. Singer and Riddell previously pleaded guilty and are also 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 and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.

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

BOSTON – A Dorchester man was resentenced today in federal court for his role in a 1999 conspiracy to rob an armored car depot in Easton, Mass.

David Turner, 52, was resentenced by U.S. District Court Judge Richard G. Stearns to time served and three years of supervised release. The government recommended 310 months. 

Turner was convicted by a federal jury in 2001 of conspiring to rob the Loomis-Fargo armored car depot; attempting to rob the Loomis-Fargo depot; possessing a grenade in furtherance of a crime of violence –  the conspiracy to rob the facility; possessing other firearms in furtherance of the robbery conspiracy; and two counts of being a felon in possession of firearms. Turner had been in custody since February 7, 1999. 

At the time these crimes were committed, possession of a grenade in furtherance of a crime of violence required a sentence of 30 years, which had to run consecutively to any other sentence imposed in the case.  In 2003 Judge Stearns sentenced Turner to 460 months in prison, calculated as follows: 100 months for the robbery conspiracy, attempted robbery, and felon-in-possession counts; 360 months for possessing the grenade in furtherance of a crime of violence; and 60 months for possessing the other firearms in furtherance of a crime of violence.  The sentences of 360 months and 60 months were to run concurrently with one another but consecutive to the sentence for the other convictions.  The First Circuit Court of Appeals affirmed Turner’s conviction and sentence in 2007. 

In June 2019 the Supreme Court held part of the relevant definition of “crime of violence” to be unconstitutional, and consequently conspiracy to commit a crime of violence no longer qualifies as a crime of violence.  Accordingly, at today’s resentencing Judge Stearns vacated these convictions and resentenced Turner based on the remaining counts.

Evidence at the 2001 trial showed that in early 1999 Turner joined a plot to rob the Loomis-Fargo armored car depot of $30-50 million. The plot included Turner, Stephen Rossetti, Carmelo Merlino, William Merlino, and a man who, unbeknownst to the others, was cooperating with the FBI. The cooperator told the others that he had an insider at the armored car depot who would help them commit the robbery. The plan was for Rossetti to provide firearms, a grenade, an assault rifle, and other firearms, as well as bullet-proof vests, walkie-talkies, police scanners and other hardware for use in the robbery. The day of the robbery the insider would help the robbers gain access to the facility and the cooperator would walk the insider back into the facility with a gun to his head; Turner and Rossetti would follow them in wearing bullet-proof vests armed with an assault rifle and grenade; Turner and Rossetti would subdue and restrain the other guard, who was not privy to the plan; and the robbers would then load a Loomis-Fargo truck with cash and drive to Carmelo Merlino’s place of employment, TRC Auto Electric in Dorchester (TRC). Turner announced at a meeting the night before the robbery was to take place that if they were pursued by law enforcement along the way, they would get out and “have it out” with the police.

The robbery was planned for Feb. 7, 1999 and the participants were to meet early in the morning at TRC.  Carmelo Merlino was arrested when he arrived and William Merlino was arrested a short time later. Turner met Rossetti in a parking lot in Quincy and they drove past, but did not stop at, TRC. They returned to the Quincy parking lot and transferred items from Rossetti’s car to Turner’s vehicle and then drove in Rossetti’s car back to the neighborhood of TRC, where they were apprehended. A search of Turner’s vehicle in Quincy led to the recovery of three duffel bags that contained, among other things, five handguns; an assault rifle; ammunition and magazines for the firearms; bullet-proof vests; walkie-talkies; police scanners; and a live military fragmentation grenade.

At today’s hearing, the government recommended that Turner be sentenced to 310 months. The government argued that the sentencing guidelines do not adequately capture the seriousness of the offense because the guidelines do not take into account the number of firearms the robbers planned to use, the fact that they had a grenade that they planned to employ if necessary, or the fact that they intended to engage in a violent confrontation with the police if confronted. 

BOSTON – Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.

Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”

“Despite recent trends indicating that violent crime is decreasing nationwide, gun violence continues to harm our communities,” said United States Attorney Andrew E. Lelling. “Project Guardian is a coordinated effort to use existing law enforcement tools as a force multiplier to reduce gun violence. This includes doubling down on background checks, sharing gun crime intelligence across all levels of government, and coordinating prosecution strategies with state partners. Ultimately, Project Guardian enables federal investigative and prosecutorial resources to be focused where they can make the most impact to reduce gun violence.”

 “ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.” 

“ATF will continue to work with our local, state and federal partners to stop the illegal flow of firearms into our neighborhoods. Project Guardian will strengthen ATF’s Crime Gun Intelligence Center capabilities and will aid in keeping firearms out of the hands of violent individuals,” said Special Agent in Charge Kelly D. Brady of ATF, Boston Field Division.

Project Guardian’s implementation is based on five principles:

1. Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.

1. Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.

Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.

1. Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.

1. Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. 

Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.

1. Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.

Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.   

For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.

BOSTON – A Randolph man was sentenced yesterday in federal court in Boston on child exploitation charges.

Michael Lee, 52, was sentenced by U.S. District Court Judge Indira Talwani to 20 years in prison and five years of supervised release. In June 2019, Lee pleaded guilty to one count of sexual exploitation of children and one count each of distribution, receipt and possession of child pornography.

A search warrant at Lee’s Randolph home was conducted as part of an investigation into the online trade of child pornography through the use of Kik, an instant messaging app. During an interview with agents, Lee admitted to trading images and videos of child pornography with other Kik users, including a New Hampshire man who provided Lee with images and videos documenting the sexual abuse of the man’s eight-year-old daughter at Lee’s direction. Forensic analysis of Lee’s cell phone and Kik account corroborated his admissions and showed that he had created videos of himself in which he directed the child’s father how to sexually abuse her, and had received videos in return that showed the man abusing her. Forensic review of the evidence also showed that Lee had been trading child pornography with other Kik users.

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. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.

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

BOSTON – The principals and co-founders of a North Andover mortgage short sale assistance company were charged today in connection with defrauding mortgage lenders and investors out of nearly $500,000 in proceeds from about 90 short sale transactions. The defendants allegedly defrauded the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation and the U.S. Department of Housing and Urban Development.

Gabriel T. Tavarez, 39, and Jaime L. Mulvihill, 40, who together founded and operated Loss Mitigation Services, LLC, were charged with conspiracy to commit wire fraud. Tavarez also was charged with aggravated identity theft.

The charges arise out of the defendants’ alleged scheme to steal undisclosed and improper fees from mortgage lenders in connection with short sales of homes. A short sale occurs where the mortgage debt on the home is greater than the sale price, and the mortgage lender agrees to take a loss on the transaction.

Loss Mitigation Services, purportedly acting on behalf of underwater homeowners, negotiated with mortgage lenders for approval of short sales in lieu of foreclosure. Mortgage lenders typically forbid short sale negotiators, such as Loss Mitigation Services, from receiving any proceeds of a short sale.

According to the court documents, from 2014 to 2017, Tavarez and Mulvihill, directly or through their employees, falsely claimed to homeowners, real estate agents, and closing attorneys that mortgage lenders had agreed to pay Loss Mitigation Services fees known as “seller paid closing costs” or “seller concessions” from the proceeds of the short sales. In reality, the mortgage lenders had never approved Loss Mitigation Services to receive those fees. When the short sales closed, at the instruction of Tavarez or Mulvihill, or others working with them, settlement agents paid Loss Mitigation Services the fees, which typically were 3% of the short sale price above and beyond any fees to real estate agents, closing attorneys and others involved in the transaction. To deceive mortgage lenders about the true nature of the fees, Tavarez or Mulvihill filed, or caused others to file, false short sale transaction documents with mortgage lenders, including altered settlement statements and fabricated contracts and mortgage loan preapproval letters. Tavarez and Mulvihill fabricated the transaction documents, or caused them to be fabricated, in order to justify the additional fees and conceal that they were being paid to Loss Mitigation Services. In addition, Tavarez created fake letters from mortgage brokers claiming that the brokers had approved buyers for financing, in order to convince mortgage lenders to approve the additional fees.

The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. The charge of aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, one year of supervised release, and a fine of $250,000, or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Robert Manchak, Special Agent in Charge of the Federal Housing Finance Agency, Office of Inspector General, Northeast Region; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; 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. Attorneys Sara Miron Bloom and Brian M. LaMacchia of Lelling’s Office are prosecuting the case.

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