District of Massachusetts

BOSTON – A Worcester man was sentenced today in federal court in Worcester for his role in a cocaine trafficking ring responsible for smuggling over 20 kilograms of cocaine into central Massachusetts.

Erick Cruz, 29, was sentenced by U.S. District Court Judge Timothy S. Hillman to 34 months in prison and three years of supervised release. Garcia previously pleaded guilty to conspiring to distribute in excess of five kilograms of cocaine and possession with the intent to distribute over 500 grams of cocaine.

Garcia is the last of four defendants to be sentenced in this investigation. Jose Gonzalez was sentenced on Sept. 24, 2019, to 10 years in prison, Japhet Garcia was sentenced on Oct. 1, 2019, to 40 months in prison, and Deibby Garcia was sentenced on Nov. 7, 2019, to 120 months in prison.

In early December 2017, Japhet Garcia and co-conspirator Jose Gonzalez were captured on surveillance footage entering a Worcester Postal Facility and attempting to retrieve a package shipped from Puerto Rico that had been found to contain approximately three kilograms of cocaine. 

Subsequent to those events, a court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2017. The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to have the packages picked up once they had arrived in Massachusetts. 

During the course of communications between Jan. 9, 2018, and Jan. 13, 2018, Cruz texted Deibby Garcia two addresses, both of which were on Cruz’s assigned route as a letter carrier. Deibby Garcia, in turn, forwarded the addresses to what authorities believed to be his cocaine source in Puerto Rico. On Jan. 12, 2018, two packages were sent from Puerto Rico to the addresses provided by Cruz and Deibby Garcia. On Jan. 15, 2018, one package was searched pursuant to a federal search warrant and was found to contain three kilograms of cocaine. The following day, federal agents permitted the second package to be provided to Cruz for delivery. 

Agents thereafter intercepted discussions between Cruz and Deibby Garcia in which they discussed arrangements for Deibby Garcia to have the second package picked up, and speculated about what had happened to the package that had been seized and searched.  Soon after, the men were arrested and the second package was recovered.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; and Leicester Interim Police Chief Kenneth Antanavica made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Criminal Division prosecuted the case.

BOSTON – A former employee for the City of Boston pleaded guilty yesterday to distributing cocaine and fentanyl. 

Gary “Jamal” Webster, 36, pleaded guilty to four counts of distributing and possessing with intent to distribute cocaine, one count of distributing and possessing with intent to distribute more than 40 grams of fentanyl, and one count of conspiracy to distribute and possess with intent to distribute cocaine and fentanyl. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Jan. 30, 2020. Webster was charged in August 2018.

According to court documents, a cooperating witness made four controlled purchases of cocaine and one purchase of fentanyl in September and October 2016 from Webster, who was the Director of Constituent Services for a Boston City Councilor at the time. In total, Webster sold over 300 grams (two-thirds of one pound) of cocaine, and 49 grams of fentanyl to the cooperating witness during a two-month period.

The charge of conspiracy to distribute and possess with intent to distribute cocaine and more than 40 grams of fentanyl provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distributing more than 40 grams of fentanyl and possessing more than 40 grams of fentanyl with intent to distribute provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distributing cocaine and possessing cocaine with the intent to distribute provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

This case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking. 

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachel Rollins; Boston Police Commissioner William Gross; and Brockton Police Chief John Crowley made the announcement today. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service. Assistant United States Attorney Philip A. Mallard of Lelling’s Organized Crime and Gang Unit is prosecuting the case.  

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

BOSTON – A Worcester man was sentenced today in federal court for his role in a cocaine trafficking ring responsible for smuggling over 20 kilograms of cocaine into central Massachusetts.

Deibby Garcia, 37, was sentenced by U.S. District Court Judge Timothy S. Hillman to 10 years in prison and five years of supervised release. Garcia previously pleaded guilty to conspiring to distribute in excess of five kilograms of cocaine and possession with the intent to distribute over 500 grams of cocaine.

Garcia is the third of four defendants to be sentenced in this investigation. Jose Gonzalez was sentenced on Sept. 24, 2019, to 10 years in prison and Japhet Garcia was sentenced on Oct. 1, 2019, to 40 months in prison. Co-defendant Erick Cruz is scheduled to be sentenced on Nov. 8, 2019.

In early December 2017, Japhet Garcia and co-conspirator Jose Gonzalez were captured on surveillance footage entering a Worcester Postal Facility and attempting to retrieve a package shipped from Puerto Rico that had been found to contain approximately three kilograms of cocaine. 

Subsequent to those events, a court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2017. The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to have the packages picked up once they had arrived in Massachusetts. 

During the course of communications between Jan. 9, 2018, and Jan. 13, 2018, Cruz texted Deibby Garcia two addresses, both of which were on Cruz’s assigned route as a letter carrier. Deibby Garcia, in turn, forwarded the addresses to what authorities believed to be his cocaine source in Puerto Rico. On Jan. 12, 2018, two packages were sent from Puerto Rico to the addresses provided by Cruz and Deibby Garcia. On Jan. 15, 2018, one package was searched pursuant to a federal search warrant and was found to contain three kilograms of cocaine. The following day, agents permitted the second package to be provided to Cruz for delivery. 

Thereafter discussions were intercepted between Cruz and Deibby Garcia when they discussed arrangements for Deibby Garcia to have the second package picked up, and speculated about what had happened to the package that had been seized and searched. Soon after, the men were arrested and the second package was recovered.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joseph W. Cronin, Inspector in Charge of the United States Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; and Leicester Interim Police Chief Kenneth Antanavica made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Criminal Division prosecuted the case.

BOSTON – A Worcester man pleaded guilty today in federal court in Worcester to being a felon in possession of a firearm.

Leroy Byron, 34, pleaded guilty to being a felon in possession of a firearm before U.S. District Court Judge Timothy S. Hillman who scheduled sentencing for Feb. 6, 2020. Byron was charged by criminal complaint in November 2018.

On Nov. 5, 2018, Byron was arrested for carrying an Intratec TEC9 semi-automatic pistol loaded with 32 rounds of ammunition. Byron is prohibited from possessing a firearm due to prior convictions punishable by more than one year in person.

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

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.

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

BOSTON – Two Chelsea men were sentenced yesterday in federal court in Boston for their role in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.

Russell Ormiston, 51, was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to two years in prison and three years of supervised release. In March 2018, Ormiston pleaded guilty to conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine.

Steven Beadles, 60, was sentenced by Judge O’Toole to five years in prison and five years of supervised release. In June 2018, Beadles pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine and one count of possession of 50 grams or more of methamphetamine with intent to distribute.

In November 2016, Ormiston, Beadles and nine co-defendants were charged with various methamphetamine offenses relating to a transnational trafficking scheme.

Beginning in at least 2013 and continuing to November 2016, Ormiston and Beadles were involved in a conspiracy that transported 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.  

On Jan. 7, 2016, approximately 434 grams of methamphetamine that had been shipped from California to Beadles’s residence was seized. Beadles admitted that he received this package on behalf of a co-conspirator, that he knew prior to the drugs being seized by law enforcement that the package contained methamphetamine, and that he intended to purchase some of the drugs so that he and Ormiston could resell the drugs to their customers. 

Beadles admitted that Ormiston carried out various tasks on his behalf. Among other things, Beadles directed Ormiston to pick up methamphetamine from his supplier and deliver methamphetamine to customers. Beadles, however, retained the responsibility for negotiating the purchase and sale prices for the drugs.

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.

BOSTON – An Ohio man was sentenced yesterday in connection with a decade-long investment fraud scheme in which he defrauded more than 40 people of more than $2.5 million, and concealed more than 20 vehicles purchased with some of the victim funds. 

Stephan Kuljko Jr., 61, of Stow, Ohio, was sentenced by U.S. Senior District Judge Mark L. Wolf to 156 months in prison, three years of supervised release, and ordered to pay $2,772,160 in restitution.  In August 2019, Kuljko was convicted by a federal jury after a two-week trial of four counts of wire fraud and one count of obstruction of justice.

From 2006 through 2017, Kuljko spun a false story about himself as a wealthy man who won millions in the Ohio Lottery that he turned into hundreds of millions by investing in a Texas oil business and casinos. Kuljko solicited money from people by telling them that his vast fortune had been frozen in a bank account because of problems with the IRS, and that he needed money to pay for lawyers and to travel around the world to try to free up those funds. Kuljko operated his scheme mostly behind the scenes, using an associate in Arizona to solicit funds.  Victims were promised huge returns, in many cases more than a million dollars for providing tens of thousands to assist Kuljko. The scheme also involved soliciting money to obtain and market what Kuljko represented as an extremely valuable, large uncut emerald. As with his other representations, the emerald deal was fictitious. In fact, the evidence at trial established that Kuljko had never won the lottery or invested in any Texas oil venture, had no bank account nor hundreds of millions of dollars, and the IRS was not tying up any of his money. Kuljko instead worked out of his home, buying and selling things like used snow blowers and rototillers. 

United States Attorney Andrew E. Lelling and Joseph Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorneys Victor A. Wild and Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit prosecuted the case.

BOSTON – A Lynn man pleaded guilty today in federal court in Boston in connection with receiving and laundering approximately $1.4 million fraudulently obtained from a Korean company.

Chukwuemeka Eze, 37, pleaded guilty to bank fraud, money laundering and aggravated identity theft charges. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Feb. 3, 2020. Eze, 37, of Lynn, was arrested on a criminal complaint in June 2019, and is being held in federal custody. 

Eze admitted that he used a victim’s name, date of birth and Social Security number without permission to open bank accounts in the victim’s name and in the name of a fictitious Massachusetts corporation that Eze created, Levistronix GMB Ltd. Eze selected the name for Levistronix because of its similarity to Levitronix GmbH, an actual Swiss company. In May and June 2018, others involved in the scheme sent fake Levitronix invoices totaling approximately $1.4 million to a Korean company that was a Levitronix customer. The fake invoices directed the company to send the $1.4 million to Eze’s deceptively-named Massachusetts bank account.

When Eze received the money, he withdrew cash, and spent tens of thousands of dollars on retail purchases, including Apple laptops and Zales’ jewelry. He also purchased $700,000 in bank checks payable to other fictitious companies that he controlled, which he deposited into bank accounts in those companies’ names. Eze in turn made cash withdrawals, retail purchases, and wire transfers from those bank accounts, all to conceal the fact that the money was the proceeds of the fraud scheme. In doing so, Eze spent or disbursed more than $862,000 of the Korean company’s money. 

The charge of bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release, a fine of $1 million, forfeiture and restitution. The charges of money laundering provide for sentences of up to 20 years in prison, three years of supervised release, a fine of $500,000, forfeiture and restitution. The charge of aggravated identity theft provides for a sentence of two years in prison consecutive to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Seth B. Kosto of Lelling’s Cybercrime 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 Holbrook man was convicted yesterday in federal court in Boston of distribution of heroin and cocaine base. 

Allah Mallory a/k/a “Parod,” 43, was convicted by a federal jury of distribution of heroin and cocaine base. U.S. District Court Judge Rya W. Zobel scheduled sentencing for Feb. 11, 2020.

On July 9, 2018, Mallory distributed heroin and cocaine base to an cooperating witness in Brockton. According to the court documents, this case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each who have prior convictions for acts of violence, firearm offenses and/or drug trafficking.

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachel Rollins; Boston Police Commissioner William Gross; and Brockton Police Chief John Crowley made the announcement today. The investigation was conducted by the FBI’s North Shore Gang Task Force and Southeastern Massachusetts Gang Task Force. Valuable assistance was provided by the Suffolk County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth and Essex County Sheriff’s Offices; Massachusetts Department of Corrections; U.S. Parole Commission; U.S. Postal Inspection Services; and the U.S. Secret Service.

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

BOSTON – A former owner of restaurants in Boston and Chelsea was sentenced today in federal court in Boston for tax fraud convictions.

Burhan Ud Din, 50, of Watertown, was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to three years of probation, 500 hours of community service and ordered to pay restitution in the amount of $140,372 in back taxes. In August 2019, Din was convicted by a federal jury of six counts of willful failure to collect and pay over tax.

From 2009 to 2013, Din defrauded the government and avoided paying payroll taxes owed by fried chicken restaurants located in Chelsea, downtown Boston and Jamaica Plain.

Federal law requires employers to withhold payroll taxes and pay the IRS. To avoid paying taxes, repeatedly, Din falsely reported to the IRS the number of employees and wages paid. Din provided the tax preparer for the stores with false information about the restaurants’ payroll, causing the tax preparer to file false tax returns.

United States Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Jason Molina, Special Agent in Charge of Homeland Security Investigations in Boston; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Scott L. Garland of Lelling’s Criminal Division prosecuted the case.

BOSTON – A Winchester man was arrested yesterday and charged with assaulting a federal postal worker and cocaine possession.

Raymond Acevedo, 29, was charged with one count of assaulting a federal postal worker and one count of possession with intent to distribute 500 grams or more of cocaine. Acevedo was detained following an initial appearance in federal court in Boston pending a probable cause and detention hearing set for Nov. 7, 2019.

According to charging documents, on Oct. 24, 2019, a U.S. Postal worker attempted to deliver an Express Mail package from Puerto Rico to the addressee in Dorchester. The postal worker was unable to locate the addressee and was returning to his vehicle when another individual, later determined to be Acevedo, approached the postal worker and demanded the package. When the postal worker would not give Acevedo the package, Acevedo assaulted the postal worker, took the package, and a fight ensued. As the postal worker and Acevedo were fighting over the package, police arrived and eventually arrested Acevedo, charging him with robbery and aggravated assault on the postal worker. The postal worker was transferred to a local hospital for the injuries he received during the altercation.

On Oct. 25, 2019, law enforcement officers opened the package pursuant to a federal search warrant and seized approximately 1.390 kilograms of cocaine.

The charge of assaulting a federal postal worker provides for a sentence of up to 20 years in prison and up to three years of supervised release. The charge of distribution of cocaine provides for a minimum mandatory sentence of five years and up to 40 years in prison, four years to a lifetime of supervised release, and a fine of up to $5 million. 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; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; and Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – Two Colombian nationals were indicted today in federal court in Boston on drug trafficking charges.

Diego Sanchez, 34, and Ricardo Lopera Arteaga, 58, were each indicted on one count of conspiracy to distribute, and possession with intent to distribute, 500 grams or more of cocaine, and one count of possession with intent to distribute 500 grams or more of cocaine. Sanchez was also charged with two additional counts of distribution and possession with intent to distribute cocaine. The defendants were previously charged by complaint and arrested on Oct. 9, 2019.  They are both currently in federal custody.

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

The charges of conspiracy to distribute and possession with intent to distribute more than 500 grams of cocaine provides fora mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charges of distribution of cocaine provide for a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The case was investigated by the Organized Crime and Drug Enforcement Task Force (OCDETF). Assistant U.S. Attorney Stephen W. Hassink 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 – A Southwick man pleaded guilty today to sending two packages, containing white powder, to federal agencies in Springfield.

Kevin A. Johnson, 47, pleaded guilty to two counts of conveying false information and hoaxes. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 6, 2020. Johnson was charged by criminal complaint and arrested on Nov. 30, 2018.

Between July and November 2018, FBI’s Springfield Office and the Springfield Social Security Administration Office (SSA Springfield), collectively received three packages containing either threatening communications and/or suspicious substances. The Springfield Branch Office of the United States Attorney’s Office for the District of Massachusetts received a letter from an individual claiming responsibility for sending the packages. All of the packages contained a piece of white-lined paper with a hand-drawn logo that appeared to combine the “anarchist A” symbol (the capital letter “A” surrounded by the letter “O”)  and the symbol for ISIS, a foreign terrorist organization. Two of the packages contained suspicious white powder.

On July 23, 2018, security cameras at the FBI Springfield Office captured an individual throwing a manila envelope at the front door. The package contained a handwritten note saying: “Death to TRUMP.”

On Oct. 23, 2018, SSA Springfield received a package containing white powder and a handwritten letter stating, among other things: “FOR ALLAH YOU DIE, ATHENA KNOWS YOUR LIES, DEATH TO YOU TRAITORS, AND THE FU----- FBI.” 

On Oct. 24, 2018, the FBI Springfield Office received a package through the mail addressed to “AGENT UNCLE HAM.” The package contained white powder and a handwritten note stating: “FOR ALLAH YOU DIE, ATHENA KNOWS YOUR LIES, DEATH TO THE N.O.R.A.D SPIES, AND THE FBI.”  The Massachusetts State Police Laboratory later found the white powder in the packages to contain no hazardous materials.

The charges of false information and hoaxes provide for a sentence of up to five years in prison, one year of supervised release, and a fine of up to $250,000. The charges of mailing threatening communications provide for a sentence of up to 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based 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; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Stephen A. Marks, Special agent in Charge of the U.S. Secret Service, Boston Field Division; and Southwick Police Chief Kevin A. Bishop, made the announcement today. Assistance was provided by the Western Massachusetts Joint Terrorism Task Force, Hampden County Sheriff’s Department, and Holyoke Police Department. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – A Providence man was sentenced today in federal court in Boston in connection with a fentanyl conspiracy.

Dario Bier Romero, 28, of Providence, R.I., was sentenced by U.S. District Court Judge Richard G. Stearns to 70 months in prison and four years of supervised release. On July 25, 2019, Romero pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl, one count of possession with intent to distribute and distribution of 40 grams or more of fentanyl, and one count of possession with intent to distribute and distribution of 400 grams or more of fentanyl.

On June 21, 2018, investigators seized approximately three kilograms of fentanyl from Romero and co-defendant Gerson Franco Guerrero during a federal investigation. During the execution of a search warrant at Romero’s residence in Providence, investigators seized an additional kilogram of fentanyl and drug packaging paraphernalia. 

Guerrero pleaded guilty and was sentenced to 43 months in prison in July 2019.

United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division made the announcement today. Assistance was provided by the Massachusetts State Police and Woburn and Providence (R.I.) Police Departments. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Colombian national pleaded guilty on Monday, Nov. 4, 2019, in federal court in Boston for his role in an international drug trafficking operation.

Henry Carrillo-Ramirez, 49, pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States, and four counts of possession with intent to distribute and distribution of five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. Carrillo is a Colombian national who was extradited from Colombia and made an initial appearance in federal court in Boston on April 26, 2019.

In addition to Carrillo, two co-defendants have been extradited from Colombia and one co-defendant has been extradited from Spain, all three of whom have pleaded guilty. A fifth co-defendant remains a fugitive.

Since 2013, Carrillo and at least four co-conspirators were involved in an organization that trafficked cocaine – sourced in Colombia – by boat via Venezuela to Spain, Puerto Rico, and other locations. The cocaine was sourced from the Catatumbo region of Colombia and transported to Isla Margarita, Venezuela. Thereafter, based upon an agreed-upon date, time, sea coordinates, and code word, small lanchas carrying the cocaine would meet a fishing vessel located offshore arranged by co-defendant Henry Carrillo Ramirez. The lanchas provided the code word, and the drugs were then transferred to the fishing vessel for transport to points in Europe and Caribbean.

In August 2014, Colombian National Police intercepted communications regarding a shipment of cocaine from South America to Europe involving Carrillo and others. On Aug. 25, 2014, an international law enforcement operation located and boarded the vessel shipping the drugs, and seized 960 kilos of cocaine.

In November 2014, an allied British vessel carrying U.S. Coast Guard officials interdicted a boat arranged by Carrillo and others destined for Puerto Rico that was approximately 30 nautical miles west of Montserrat. Once the vessel was stopped, the crew was observed jettisoning bales of cocaine, which were recovered and weighed 180 kilograms. The remaining bales were lost at sea.

In December 2014, the Spanish Guardia Civil boarded another vessel in international waters arranged by Carrillo and others, and seized an additional 728 kilos of cocaine.

In August 2015, U.S. investigators disabled a Yamaha power boat in the Farjardo coast area of Puerto Rico that was arranged by Carrillo and others. A search of the proximate area recovered 13 bales containing nearly 400 kilograms of cocaine. 

In all, law enforcement seized approximately 1,688 kilos of cocaine from this drug trafficking organization.

The conspiracy and distribution charges each provide for a sentence of up to life in prison, a lifetime of supervised release and a $10 million 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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Valuable assistance was provided by the Colombian National Police, the Spanish Guardia Civil and the Portuguese Air Force. Assistant U.S. Attorney Linda M. Ricci, Chief of Lelling’s Narcotics and Money Laundering Unit, is prosecuting the case.

BOSTON – A Chelsea man was arrested yesterday and charged in federal court in Boston with bank robbery.

Edward Robert Rezendes, 66, was charged in a criminal complaint with one count of bank robbery. Rezendes, who is currently on supervised release for an unrelated bank robbery, appeared before U.S. District Court Magistrate Judge Donald L. Cabell and was ordered detained.

According to court documents, on Sept. 10, 2019, Rezendes robbed a branch of TD Bank in Chelsea, stealing 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 U.S. Federal Bureau of Investigation, Boston Field Division; and Chelsea Police Chief Brian Kyes made the announcement. Assistant U.S. Attorneys Kenneth G. Shine and Adam W. Deitch of Lelling’s Major Crimes 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 California man was arrested today on charges of conspiring to smuggle tianeptine, a drug that claims to enhance mood and cognitive functioning, into the United States from China.

Ryan M. Stabile, 32, was charged in an indictment unsealed today with one count of conspiracy and two counts of introduction of misbranded drugs with intent to defraud and mislead. Stabile will make an initial appearance today in federal court in California and will be arraigned at a later date in federal court in Springfield.

As alleged in the indictment, Stabile smuggled tianeptine, a misbranded drug, from China into the United States and then resold the tianeptine to American consumers on the internet through his company, Supplements for Work. Stabile falsely represented that he was selling tianeptine for research purposes only, even though he sold tianeptine to individuals for personal use. Stabile, through his company, marketed tianeptine as a mood enhancer and claimed that it improved cognitive functioning.

The charge of conspiracy provides for 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 introduction of misbranded drugs provides for a sentence of up to three years in prison, one year 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 Jeffrey Ebersole, Special Agent in Charge of the United States Food and Drug Administration’s Office of Criminal Investigation made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office is prosecuting the case.

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

BOSTON – A Walpole man pleaded guilty yesterday in connection with failing to report income from his landscaping business to the Internal Revenue Service (IRS). 

Stephen L. Petrucci, 57, pleaded guilty to one count of filing a false tax return before U.S. Senior District Court Judge George A. O’Toole Jr., who scheduled sentencing for Feb. 11, 2020. According to the terms of the plea agreement, the government will recommend a sentence of two years in prison, one year of supervised release, a fine, and restitution to the IRS of $726,789. 

Petrucci owes more than $700,000 in income taxes to the IRS after he failed to report income from his landscaping business on his federal tax returns for tax years 2012 through 2017. 

The charging statute provides a sentence of up to three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling 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 Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.

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

Michael H. Tran, 35, of Woonsocket, R.I., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 46 months in prison, three years of supervised release, and ordered to pay forfeiture and restitution each in the amount of $1,284,792. In August 2019, Tran pleaded guilty to one count of conspiracy to commit wire fraud and five counts of wire fraud.

Tran and co-conspirator Darren Cormier, who worked as a product manager for a Bellingham manufacturing company, worked together 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. Tran and Cormier 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.”

Cormier was charged separately for his role in the conspiracy and wire fraud scheme and pleaded guilty in March 2019. He is set to be sentenced on Nov. 26, 2019.

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 – The owner of Mike’s Famous Roast Beef & Pizza in North Reading was sentenced today in federal court in Boston for committing tax fraud by failing to report approximately $1.9 million in business receipts.    

Emanuel Panousos, a/k/a Mike Panousos, 44, of Peabody, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 21 months in prison, one year of supervised release, and ordered to pay a fine of $7,500 and restitution of $387,180. In May 2019, Panousos pleaded guilty to two counts of aiding and assisting in filing false corporate tax returns.

From 2013 through 2015, Panousos skimmed business cash receipts totaling about $1.9 million, and failed to report those cash receipts to his tax preparer or on the restaurant’s corporate tax returns. As a result, Panousos avoided paying both corporate and personal taxes totaling approximately $387,180 during those years. 

United States Attorney Andrew E. Lelling 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 Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit prosecuted the case. 

BOSTON – A Milton man pleaded guilty yesterday in federal court in Boston in connection with schemes to use false identification documents to obtain funds from bank customers’ accounts.  

Fesnel Lafortune, 30, of Milton, pleaded guilty to one count of conspiracy to commit bank fraud and one count of aggravated identity theft. U.S. District Court Senior Judge Douglas P. Woodlock scheduled sentencing for Feb. 18, 2020. Lafortune was charged in June 2019.

In April 2017, an unindicted co-conspirator obtained two bank checks totaling more than $340,000 from a Santander Bank customer’s account, using a fraudulent passport and credit card in the customer’s name. Lafortune deposited one of the checks in the amount of $175,500 to a business bank account he had opened using a false name, date of birth and Social Security number. Within days of depositing the check, Lafortune withdrew nearly $30,000 in cash in three transactions at three different bank branches. In June 2017, LaFortune used a second false identity of a real person to open two more business bank accounts, into which other co-conspirators wired more than $200,000. LaFortune withdrew about $165,000 from those accounts in cash and checks. The loss to banks totaled about $200,000.

The charge of conspiracy to commit bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million. The charge of aggravated identity theft provides for a two year mandatory minimum sentence, one year 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 R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorneys Leslie A. Wright and Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.

BOSTON – A Tewksbury woman was indicted today by a federal grand jury in Boston on charges of diverting morphine while employed as a nurse in the hospice unit at the Veterans Affairs (VA) Medical Center campus in Bedford.

Kathleen Noftle, 55, was charged by indictment with one count of tampering with a consumer product and one count of obtaining a controlled substance by misrepresentation, fraud, deception, and subterfuge.  Noftle was arrested and charged by criminal complaint in this case in September 2019. 

According to charging documents, on Jan. 13, 14, and 15, 2017, Noftle used her position as a nurse to obtain doses of morphine that were meant to be given to the veterans under her care in the hospice unit. Noftle admitted to federal agents that she mixed water from the sink with a portion of the liquid morphine doses, and then administered the diluted medication to patients orally.  It is alleged that Noftle then ingested a diluted amount of the remaining drug. The investigation revealed that, due to diluted morphine administered by Noftle, one veteran may have experienced increased difficulty breathing (dyspnea) and increased suffering in his final days. The investigation also found that before working at the VA Medical Center in Bedford, Noftle had resigned from her position as a nurse at a different hospital following her failure to follow appropriate procedures when wasting narcotics on 60 occasions.       

The charge of tampering with a consumer product 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 obtaining a controlled substance by misrepresentation, fraud, deception, and subterfuge, provides for a sentence of up to four years in prison, one year 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 Sean Smith, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office made the announcement today. Assistant U.S. Attorney William B. Brady of Lelling’s Health Care Fraud Unit is prosecuting the case.

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

BOSTON – A Boston man, affiliated with the Vine/Forest Street and Orchard Park gangs, was sentenced today in federal court in Boston for illegally possessing a firearm and ammunition.

Quantae Elmore, 22, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 30 months in prison and three years of supervised release. In July 2019, Elmore pleaded guilty to one count of being a felon in possession of a firearm and ammunition.

On May 4, 2018, police officers encountered Elmore with a loaded firearm in his waistband on Zeigler Street, in the Orchard Gardens development of Boston’s Roxbury neighborhood, in the company of other Vine/Forest Street and Orchard Park gang members. Elmore had previously been convicted of a crime punishable by more than one year in prison and was therefore prohibited by federal law from possessing a firearm and ammunition.

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Gross made the announcement today.

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

BOSTON – A Texas man arrested and charged in September 2019, made his first appearance in federal court in Springfield today for kidnapping and stalking.

Sunil K. Akula, 30, was arraigned in federal court in Springfield today on charges of kidnapping and stalking. Akula was detained and transported to the District of Massachusetts after being arrested on Sept. 27, 2019.

According to charging documents, on Aug. 6, 2019, Akula traveled from his home in Texas to Agawam, Mass. to confront his wife, from whom he was living apart. A couple of days later, he physically assaulted his wife and forced her to leave her apartment, stating that he was taking her back to Texas. Akula held his wife’s phone, wallet, and computer, and forced her into his car with only the clothes she was wearing.

Akula allegedly then drove his wife south through many states, during which time he again assaulted her, forced her to send a resignation e-mail to her employer, and smashed her laptop and threw it on the side of the highway. Akula stopped at a Knox County, Tenn. hotel, where he again beat his wife. When Akula could not quiet his wife or stop her from crying loudly, Akula opened the door to leave the hotel room, where he was met and arrested by officers of the Knox County Sheriff’s Office.

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Chicopee Police Chief William R. Jebb; Agawam Police Chief Eric Gillis; Knox County Sheriff Tom Spangler; and Plano (Texas) Interim Police Chief Dan Curtis made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla, Chief of Lelling’s Springfield 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 former Hull man was convicted by a federal jury in Boston of felony drug and gun offenses on Friday, Nov. 1, 2019.

David Maglio, 39, was convicted of possession with intent to distribute marijuana and being a felon in possession of a firearm and ammunition following a one-week trial. The jury acquitted Maglio of possessing a firearm in furtherance of a drug trafficking offense. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Jan. 24, 2020.

On March 17, 2016, a search warrant was executed at Maglio’s home in Hull, during which time investigators discovered a sophisticated indoor marijuana grow operation that included dozens of marijuana plants supported by irrigation, ventilation and lighting equipment. Investigators also discovered more than 15 pounds of marijuana packaged for sale. In Maglio’s bedroom, investigators found a loaded 5.56 caliber semi-automatic rifle with more than 390 rounds of ammunition, a loaded .32 caliber pistol, and more than $5,000 in cash. Maglio was prohibited from possessing a firearm or ammunition due to a prior felony conviction.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; and Hull Police Chief John Dunn made the announcement today. Assistant U.S. Attorneys Jason A. Casey and Jared C. Dolan of Lelling’s Criminal Division prosecuted the case.

BOSTON – For the second consecutive year, the estimated number of violent crimes nationwide decreased, a credit to the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the Department’s violent crime reduction strategy. The District of Massachusetts has six designated PSN cities, Boston, New Bedford, Brockton, Lawrence, Worcester and Springfield. 

According to FBI’s 2018 Crime in the United States Report, the violent crime rate decreased for the second consecutive year, down 3.9% from 2017. The data is a success for PSN, the Justice Department’s evidence-based initiative that brings together a spectrum of stakeholders to identify the most pressing violent crime problems in the community and developing 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.

“A primary mission of the Department of Justice is to reduce crime and to make our communities safer,” said United States Attorney Andrew E. Lelling. “PSN has made great strides in that effort because it surges law enforcement resources, targets the most violent criminals, and provides necessary funding and support. But it would not be successful without the officers and agents that are on the front lines preventing crime each day.”

“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”

Over the past two years, The U.S. Attorney’s Office for the District of Massachusetts has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make neighborhoods safer for everyone. As we celebrate the two-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions in Massachusetts over the past year:

Enforcement Actions

• A major component of our violent crime strategy has been devoted toward disrupting violent national and transnational gangs, specifically MS-13 and 18th Street. Beginning in 2016, the District of Massachusetts successfully dismantled the east coast leadership of MS-13, culminating in the largest MS-13 case in the nation.  The case resulted in the prosecution of dozens of leaders, members, and associates of MS-13 in a sprawling racketeering indictment which charged six murders, approximately 20 attempted murders, robberies, drug trafficking and other violent offenses.
• In August 2018, the PSN initiative targeted impact players and repeat offenders responsible for violent acts and firearm related offenses in Boston and Brockton. This federal investigation resulted in 29 individuals charged with federal and state drug, firearms, and counterfeiting offenses.
• In October 2018, a coordinated sweep resulted in the arrest of 35 criminals on federal drug, firearm and immigration offenses, as well as state warrants. This effort targeted impact players and repeat offenders in and around the City of Lawrence, all of whom have prior convictions and those with criminal records who are in the U.S. illegally.
• Operation Devil’s Highway was a 10-week enforcement operation in the summer of 2019 that brought together federal, state, and local partners to focus on drug trafficking activity between the City of Lawrence and destinations in New Hampshire. The operation resulted in charges against 40 people for federal drug offenses, with at least a dozen more defendants facing state charges. In total, the Operation resulted in the seizure of more than 14 kilograms of fentanyl, five kilograms of heroin, 29 kilograms of cocaine, four firearms and body armor.

Improvements to Community Safety

The District of Massachusetts captured and analyzed violent crime data related to homicides, aggravated assaults, and robberies in the six designated PSN cities (Boston, New Bedford, Brockton, Lawrence, Worcester and Springfield) in order to better understand the violent crime problem and potential enforcement and prevention needs. This data, from June 2017 to June 2019, highlights a significant reduction in violent crimes:  

• During the relevant period, homicides were reduced by 57% in New Bedford, 50% in Lawrence, 36% in Brockton, 16% in Boston and 5% in Springfield;
• Aggravated assault rates decreased in many of the PSN cities, most notably by 10% in Brockton and by 7% in Lawrence; and
• Similarly, robberies were reduced by 41% in Lawrence, 26% in Worcester, 10% in New Bedford and 8% in Springfield.

To learn more about Project Safe Neighborhoods, please visit www.justice.gov/psn.

BOSTON – A Dominican national was sentenced yesterday in federal court in Springfield for his role in a large-scale heroin trafficking organization.

Mirelvy Vasquez, 29, a Dominican national who previously resided in Springfield, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 54 months in prison and three years of supervised. Vasquez will face deportation proceedings upon completion of his sentence. In July 2019, Vasquez pleaded guilty to conspiracy to distribute and possession with intent to distribute heroin. Vasquez and 17 co-defendants were indicted on heroin conspiracy charges in August 2017.

Vasquez purchased large amounts of heroin, which he then distributed to various retail-level dealers in the Springfield area, from Alberto Marte, the leader of the Springfield-based drug trafficking organization. Vasquez admitted to purchasing between one and three kilograms of heroin from Marte on various occasions beginning in January 2016 and continuing through September 2016. Vasquez then repackaged his purchases into dosage units for further distribution.

Marte had direct contact with heroin supply sources in the Dominican Republic. On a monthly basis, members of the organization transported between eight and 20 kilograms of heroin to the Springfield area.

Marte and five other co-conspirators have pleaded guilty and are awaiting sentencing. The remaining defendants have pleaded not guilty.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County District Attorney Anthony D. Gulluni; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; Chicopee Police Chief William Jebb; Holyoke Police Chief Manny Febo; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office is prosecuting the cases. 

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 Dominican national was sentenced today in federal court in Boston for Social Security fraud and aggravated identity theft.

Alejandro Yoel Diaz Diaz, 28, a Dominican national formerly residing in Lawrence, was sentenced by U.S. District Court Judge Richard G. Stearns to two years and one day in prison. Diaz Diaz will be subject to deportation proceedings upon completion of his sentence. In August 2019, Diaz Diaz pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft.

On Aug. 1, 2017, Diaz Diaz applied for a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican born United States citizen. At the time of his arrest in April 2019, Diaz Diaz was on probation out of Lawrence District Court for distribution of heroin in the United States citizen’s identity. Diaz Diaz was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo. 

United States Attorney Andrew E. Lelling; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; 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. Assistant U.S. Attorney Lindsey E. Weinstein of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Dominican national pleaded guilty today in federal court in Worcester to drug and identity theft charges.

Jonathan Francisco Bobadilla Rosa, 30, 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.

On Dec. 14, 2018, law enforcement seized approximately 138 grams of a substance containing both heroin and fentanyl from a backpack carried by Bobadilla Rosa. In addition, on Feb. 14, 2018, Bobadilla Rosa falsely represented that the Social Security number of another person belonged to him in an application for a Massachusetts identification card from the Massachusetts Registry of Motor Vehicles.

The charge of possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of $5 million. The charge of false representation of a Social Security number carries a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft carries a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, three years of supervised release and a fine of $250,000.  Bobadilla Rosa will be subject to deportation proceedings.  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 William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement today. Valuable assistance was provided by the Massachusetts Attorney General’s Office and the Massachusetts State Police. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.

BOSTON – A Templeton man has been indicted by a federal grand jury on federal firearms offenses.

John Shaw, 30, was indicted on one count of being a felon in possession of ammunition and one count of unlawful possession of a firearm not identified by serial number. Shaw was charged by criminal complaint and arrested in September 2019.

According to charging documents, during the execution of a search warrant at Shaw’s residence on Sept. 24, 2019, an AR-15 short-barreled rifle that did not bear a serial number, over 50 rounds of .22 Long Rifle caliber ammunition, 27 rounds of .357 Sig caliber ammunition, 10 expended brass cartridge cases, and one complete round of 30-06 ammunition were seized. Shaw was previously convicted in Winchendon District Court of breaking and entering in the night with intent to commit a felony and assault and battery with a dangerous weapon. As a previously convicted felon, Shaw was prohibited from possessing a firearm and ammunition.

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

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Ashburnham Police Chief Lorring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Edward Lee made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett 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 California man was sentenced today in federal court in Boston for sending death threats to at least 45 professional and collegiate athletes between July and December 2017.

Addison Choi, 23, of Fullerton, Calif., was sentenced by U.S. District Court Chief Judge Patti B. Saris to 18 months in prison, one year of supervised release, and a fine of $5,500. In July 2019, Choi pleaded guilty to one count of transmitting in interstate and foreign commerce a threat to injure the person of another.

“The anonymity and ease of internet-based communications has led to a steady decline in civility and a steady increase in internet-based threats and harassment,” said United States Attorney Andrew E. Lelling. “Choi is a perfect example, lobbing violent, racist threats at others who failed to meet his expectations. We will continue to prosecute those who use the Internet to threaten violence.” 

“In the realm of social media, there were no firewalls to protect the famous from being burned by Addison Choi's vitriol and the keyboard he weaponized. His victims - sports heroes to many - were threatened with death by Choi for failing to perform to his expectations on their chosen fields of play, all while he lurked in anonymity,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today's sentence is meant to teach Choi a lesson, and send a message to others that the FBI takes all acts and threats of violence seriously.”

In 2017, Choi attended college in Wellesley where he played varsity soccer. He also gambled prolifically on sports, both professional and collegiate. When the players or teams that he bet on performed poorly, Choi used Instagram to send them death threats. For example, on July 27, 2017, Choi posted on one professional athlete’s Instagram account: “I will kill you and your family and f****** hang them on a tree you stupid ugly mother*****” and also “I hope you f****** die you stupid monkey n*****.” On the same day, Choi posted on another athlete’s Instagram account: “I’ll find your f****** family and skin them alive you stupid f***, I hope you never play again.”

Choi also posted threats on the accounts of athletes’ loved ones. In another instance, Choi posted on the Instagram page of a professional athlete’s girlfriend, “You stupid mother***** [name], you worthless f***. I will f****** kill you,” and “I will f****** kill [name] you dumb f****** bitch… leave that irrelevant stupid mother*****.” 

Between July 2017 and December 2017, Choi posted threats to at least 45 different Instagram accounts, with multiple threats to each account and often multiple targets per threat.

U.S. Attorney Lelling and FBI Boston SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Scott L. Garland, of Lelling’s Civil Rights Enforcement Team, and Gregory J. Dorchak, of Lelling’s Civil Rights Unit, prosecuted the case.

BOSTON – An Ashburnham man was indicted yesterday in federal court in Worcester on  federal firearms offenses. 

Terrick Bishoff, 38, was indicted on one count each of unlawful possession or transfer of a machine gun, dealing in firearms without a license, and possession of a machinegun without a serial number. Bishoff was charged by criminal complaint and arrested on Sept. 24, 2019.

As alleged in charging documents, Bishoff sold three firearms to an individual in Fitchburg between May 10 and July 24, 2019, including a machine gun without a serial number on May 15, 2019. In return for the machinegun, the individual paid Bishoff $2,500.

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

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Ashburnham Police Chief Lorring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Edward Lee made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett 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 – The regional president of the Outlaws Motorcycle Club was arrested late yesterday and charged with illegal firearms possession.

Bruce Sartwell, a/k/a “Monster,” 48, of East Bridgewater, was charged in a criminal complaint with possession of an unregistered firearm. Following an initial appearance in federal court in Boston, Sartwell was detained pending a probable cause and detention hearing.  

As alleged in charging documents, Sartwell is the Regional President of the Brockton/East Bridgewater Chapters of the Outlaws Motorcycle Club. According to records, Sartwell is a convicted felon, and thus prohibited from possessing firearms and ammunition. On Oct. 19, 2019, agents intercepted a package originating in China and addressed to Sartwell that was declared as a “Fuel Filter” but actually contained a firearm silencer. A review of importation records revealed that Sartwell had received approximately 65 shipments from Asia (over 55 of those from China), many of which were labeled as innocuous items that could have been more easily and cheaply purchased in the United States.

On Oct. 30, 2019, a search warrant executed at Sartwell’s residence resulted in the recovery of an AR-15 styled “ghost gun” – a firearm without any manufacturing or serial numbers – and firearm manufacturing tools and assembly parts including milling equipment, buffer spring, buffer tube, air-powered water dremel polish and a drill press. Two firearm silencers concealed in false bottom compartments, a guide for assembly and disassembly of an AR-15 rifle, 20 knives, a black powder handgun, a flare gun, and various ammunition compatible with the AR-15 styled rifle were also found. In the basement of the house, a floor-length mirror concealed the entrance to a hidden storage area that was found to contain a safe with silencer parts and a firearm assembly instruction book.

The charge of possession of an unregistered firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon 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; and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, New England Field Division made the announcement today. The U.S. Postal Inspection Service; Customs and Boarder Protection; Massachusetts State Police; East Bridgewater Police Department; Bristol County Sheriff’s Office; and the Massachusetts Environmental Protection Agency provided assistance with the investigation. Assistant U.S. Attorney Lindsey Weinstein 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 Dominican national formerly residing in Lawrence pleaded guilty yesterday in federal court in Boston to Social Security and benefit fraud.

Ismael Robles Tejeda, 30, pleaded guilty to one count of false representation of Social a Security number and one count of false statements in matters relating to health care. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Jan. 29, 2019.

On Aug. 3, 2015, Robles Tejeda applied for a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican citizen. In October 2015, Robles Tejeda used that Massachusetts identification card to apply for and receive over $17,500 worth of MassHealth benefits in the Puerto Rican citizen’s name. When Robles Tejeda was arrested in April 2019, he had in his pocket a Massachusetts driver’s license issued to him in the identity of the Puerto Rican citizen. Robles Tejeda was identified, among other things, from a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo.   

The charges provide for a sentence of up to five years in prison, three years of supervised release, a fine of $250,000, restitution and forfeiture. According to a plea agreement, Robles Tejeda will be sentenced to 18 months in prison and ordered to pay restitution. He will be subject to deportation proceedings upon completion of his sentence. 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; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Phillip Coyne, Special Agent in Charge of Department of Health and Humand Services, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Assistants U.S. Attorney Lindsey E. Weinstein and Kenneth G. Shine of Lelling’s Major Crimes Unit are prosecuting the case.

BOSTON – An Arizona man was indicted in federal court in Boston yesterday in connection with his sending methamphetamine through the U.S. mail from Arizona to Massachusetts.

Brandon Greenberg, a/k/a “Brandon Valentine,” a/k/a “Adrian,” 27, of Phoenix, Ariz., was charged with conspiring to distribute methamphetamine and distribution of methamphetamine. 

According to charging documents, Greenberg mailed more than 20 parcels containing methamphetamine from Arizona to two residential addresses in Boston and Somerville. A search warrant was executed on one of the parcels and revealed over 900 grams of methamphetamine hidden inside a towel and inside a stuffed animal. Later in the investigation, agents conducted a controlled purchase of methamphetamine from Greenberg and seized 486 grams hidden inside three cereal boxes that were then placed in a package mailed by Greenberg. During the execution of a search warrant at Greenberg’s residence in Phoenix, investigators seized an additional 486 grams of methamphetamine from Greenberg’s bedroom. 

United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Melissa Llosa, Inspector in Charge of the U.S. Postal Inspection Service, Phoenix Division; Brian D. Boyle, Special Agent in Charge Of the Drug Enforcement Administration, New England Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William G. Gross; and Peoria (AZ) Police Chief Art Miller made the announcement today. The Middlesex County District Attorney’s Office, Suffolk County District Attorney’s Office, and the Arlington Police Department assisted in the investigation. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics & Money Laundering 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 California businessman became the 12th parent to be sentenced in the college admissions case.  

Jeffrey Bizzack, 59, of Solana Beach, Calif., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to two months in prison, three years of supervised release, 300 hours per year of community service, and ordered to pay a fine of 250,000. In July 2019, Bizzack pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud.

The government recommended a sentence of nine months in prison, one year of supervised release and a fine of $75,000.

Beginning in 2017, Bizzack agreed with William “Rick” Singer and others to pay $250,000 to have his son admitted the University of Southern California (USC) as a volleyball recruit, even though his son did not play competitive volleyball. As part of the scheme, co-conspirator Laura Janke falsified an athletic profile for Bizzack’s son, which depicted him as a nationally ranked volleyball player, and included the photograph of another individual playing volleyball.

In October 2017, a USC athletics administrator, Donna Heinel, secured approval from the USC subcommittee for athletic admissions to admit Bizzack’s son. In December 2017, Bizzack issued a $50,000 check to USC’s “Galen Center” – a restricted account that operated under Heinel’s oversight.

USC mailed Bizzack’s son a formal acceptance letter in March 2018. Bizzack subsequently mailed a $100,000 check to Singer’s sham charity, Key Worldwide Foundation (KWF). In April 2018, he sent a second check to KWF in the amount of $50,000 and had his company wire another $50,000 to KWF.

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 – A Holyoke man was sentenced today in federal court in Springfield for illegally possessing an AM-15 rifle and ammunition.

Akeem Castro, 26, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 41 months in prison and three years of supervised release. In April 2019, Castro pleaded guilty to one count of possession of a firearm and ammunition by a convicted felon.

On March 7, 2017, Castro possessed an Anderson Manufacturing AM-15 assault-style rifle and 34 rounds of ammunition. Castro is prohibited from owning a firearm due to a prior felony conviction. Castro admitted that, on that date, he sold the firearm, ammunition, and two magazines capable of holding 30 rounds each, for $1,800 to a government witness in a parking lot in Chicopee. 

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner Cheryl Clapprood; and Holyoke Police Chief Manny Febo made the announcement. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office prosecuted the case.

BOSTON – The chief executive officer of PixarBio Corp., a Boston-based biotech company, was convicted today of defrauding the company’s investors and obstructing an SEC investigation. 

Frank Reynolds, 57, of Newton, was convicted of by a federal jury, following a three-week trial, of one count of securities fraud and three counts of obstructing an agency proceeding.  Senior United States District Judge Douglas P. Woodlock scheduled sentencing for Feb. 6, 2020.

The jury convicted Reynolds of defrauding PixarBio investors through manipulative trading of the company’s shares and false and misleading statements about the company’s finances, the timeline for FDA approval of its key drug, and Reynolds’s own background, which he claimed included curing his own paralysis. In fact, the evidence at trial showed that Reynolds was never paralyzed.

Among the false and misleading statements introduced into evidence was a December 2015 email and private placement memorandum, in which Reynolds promised investors that PixarBio’s drug, NeuroRelease, would end “thousands of years of morphine and opiate addiction.” In fact, the evidence at trial demonstrated that the drug would not end opioid addiction, and was simply an existing drug for which PixarBio claimed to have developed an additional means of delivery in a time-release form for post-operative pain. 

In August 2016, Reynolds caused PixarBio to issue a press release announcing that a private securities offering underway at the time was oversubscribed, and that the maximum offering amount would be increased from $20 million to $30 million. Two months later, Reynolds caused PixarBio to issue another press release announcing that, due to oversubscription, the maximum offering amount would be increased again from $30 million to $40 million. In fact, the evidence at trial showed that the securities offering was never fully subscribed and had raised less than $10 million. 

Reynolds also misrepresented the timeline to FDA approval for NeuroRelease.  In a November 2016 securities filing that Reynolds signed as PixarBio’s CEO, the company stated that clinical trials were expected to begin “in late 2017 and US FDA approvals for the NeuroRelease 14-day product are expected in 2018,” despite the fact that PixarBio managers had told Reynolds that this timeline was not achievable. 

Reynolds also directed two co-conspirators, Kenneth Stromsland and Jay Herod, to engage in manipulative trading in PixarBio shares that artificially pushed up the stock’s trading price. The evidence demonstrated that Herod shared the proceeds of his trading with Reynolds and PixarBio. Reynolds then misled the SEC about the trading and his prior misstatements in sworn testimony, during which he introduced a backdated document as purported evidence that $300,000 in trading proceeds Herod had given him was actually an investment unrelated to Herod’s trading. Reynolds also induced Herod and Stromsland to mislead the SEC in their own sworn testimony. Herod and Stromsland previously pleaded guilty to securities fraud and obstruction charges and testified at the trial. 

The charge of securities fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $5 million. Each count of obstruction carries a maximum sentence of 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.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Carl W. Hoecker, Inspector General of the U.S. Securities and Exchange Commission Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Leslie A. Wright of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.

BOSTON – A Jamaican national who was on the lam for 10 months was sentenced today in federal court in Boston for illegally reentering the United States after being deported. 

Anthony Durrant, 52, a Jamaican national who previously resided in Dorchester, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 12 months in prison and three years of supervised release. Durrant will face deportation upon completion of his sentence.  

On May 2018, Durrant pleaded guilty to one count of illegal reentry of a deported alien, and sentencing was scheduled for Sept. 13, 2018 in federal court in Boston.  At that time, Durrant was detained in state custody on unrelated state charges. On July 3, 2018, Durrant was released from state custody after the state charges were dismissed, despite that fact that two federal detainers had been lodged. Durrant subsequently failed to appear for his sentencing hearing in federal court and was apprehended approximately 10 months later – on July 9, 2019, in California, under an alias.  

Durrant was sentenced today for illegally reentering the United States. In January 1998, Durrant illegally entered the U.S. as a stowaway on a cargo ship from Jamaica. After a state conviction for drug offenses, Durrant was deported in July 2012. At some point thereafter, Durrant reentered the U.S., and was then charged in state court in November 2017 with an unrelated offense. At that time, law enforcement officers in Boston determined Durrant to be illegally present in the United States.

United States Attorney Andrew E. Lelling; Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and John Gibbons, U.S. Marshal for District of Massachusetts, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A fugitive member of a violent Brockton drug crew charged with fentanyl trafficking has been apprehended.

Jason Miranda, 24, of Taunton, was detained yesterday following an initial appearance in federal court in Boston. Miranda was charged on Oct. 16, 2019, along with co-defendants Placido Armando Pereira, 33; Natalio Miranda, 28; and Djoy Defrancesco, 23, all of Brockton, with conspiracy to distribute and to possess with intent to distribute fentanyl. Miranda had been a fugitive until his arrest on Oct. 23, 2019. During the execution of a search warrant, agents seized fentanyl, a firearm, and $28,000 in cash from the residence where Miranda was apprehended.

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, an undercover law enforcement officer made six purchases of fentanyl from members of the crew.

The charge of conspiracy to distribute and possess with intent 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. 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 Kerry A. Gilpin, 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 complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – The U.S. Attorney’s Office announced today that two foundations, Chronic Disease Fund, Inc. d/b/a Good Days from CDF (“CDF”), and Patient Access Network Foundation (“PANF”), have agreed to pay $2 million and $4 million, respectively, to resolve allegations that they violated the False Claims Act by enabling pharmaceutical companies to pay kickbacks to Medicare patients taking the companies’ drugs.

The government alleged that CDF and PANF worked with various pharmaceutical companies to design and operate certain funds that funneled money from the companies to patients taking the specific drugs the companies sold. These schemes enabled the pharmaceutical companies to ensure that Medicare patients did not consider the high costs that the companies charged for their drugs. The schemes also minimized the possibility that the companies’ money would go to patients taking competing 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. 

“According to the allegations in today’s settlements, CDF and PANF functioned not as independent charities, but as pass-throughs for specific pharmaceutical companies to pay kickbacks to Medicare patients taking their drugs,” said United States Attorney Andrew E. Lelling. “As a result, CDF and PANF enabled their ‘donors’ (the pharmaceutical companies) to undermine the Medicare program at the expense of American taxpayers.”

“OIG continues to be concerned by evidence indicating that foundations are not operating independently from their donors,” said Gregory E. Demske, Chief Counsel to the Inspector General. “Our Integrity Agreements promote such independence and require legal determinations about whether the foundations’ future operations of their assistance programs are compliant with the Anti-Kickback Statute.” 

“Today’s settlements are a warning to all pharmaceutical companies, foundations, and others who try to subvert the charitable donation process for their own financial gain at the expense of American taxpayers. Both the Chronic Disease Fund and the Patient Access Network used their status as charities to shield the illegal activities of pharmaceutical companies seeking to maximize profits,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI and our partners will continue to hold organizations accountable, and to protect and preserve the Medicare system, and the taxpayers who fund it, from kickback schemes like these.”

The United States alleged that, from 2010 through 2014, CDF conspired with five pharmaceutical companies – Novartis, Dendreon, Astellas, Onyx, and Questcor – to enable them to pay kickbacks to Medicare patients taking their drugs.  It is further alleged that, from 2011 through 2014, PANF permitted four pharmaceutical companies – Bayer, Astellas, Dendreon, and Amgen – to use PANF as a conduit to pay kickbacks to Medicare patients taking their drugs.  Details of the conduct can be found in attached addendum.

The amounts of the settlements announced today were determined based on analysis of each foundation’s ability to pay after review of its financial condition.

CDF and PANF each entered a three-year Integrity Agreement (IA) with OIG as part of their respective settlements.  The IAs require, among other things, that the foundations implement measures designed to ensure that they operate independently and that their arrangements and interactions with pharmaceutical manufacturer donors are compliant with the law.  In addition, the IAs require compliance-related certifications from the Boards of Directors and detailed reviews by independent review organizations.  

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.

ADDENDUM

CDF’s PNET Co-pay Fund for Novartis. In May 2011, Afinitor, a Novartis product, was approved to treat progressive neuroendocrine tumors of pancreatic origin (“PNET”). In 2012, Novartis asked CDF to open a co-pay fund to cover Afinitor co-pays for PNET patients. At that time, CDF knew that Sutent, a Pfizer drug, also was approved to treat PNET. In August 2012, at Novartis’ request, CDF opened a supposed “PNET” fund. The fund, which Novartis financed alone, covered co-pays only for Afinitor; it did not cover co-pays for Sutent, the other approved PNET drug.

CDF’s Provision of Data to Dendreon for the mCRPC Fund. Provenge, a Dendreon product, is an immunotherapy that the FDA approved in April 2010 for treatment of metastatic castration resistant prostate cancer (“mCRPC”). In or about January 2010, Dendreon contacted CDF to request that CDF create a mCRPC fund. At that time, Provenge’s principal competitor therapy was Taxotere, a less costly injectable therapy indicated for treatment of various types of cancer. CDF opened its mCRPC fund in June 2010, and, from that time until August 2011, Dendreon alone financed CDF’s mCRPC fund. From June 2010 through 2011, at Dendreon’s request and on multiple occasions, CDF provided Dendreon with data concerning the number of Provenge patients receiving money from CDF’s mCRPC fund, the number of Taxotere patients receiving money from the fund, and the average amounts of money the fund was providing to Provenge and Taxotere patients, respectively. In May 2011, following the FDA approval of Zytiga, an oral therapy indicated for treatment of mCRPC, CDF also provided Dendreon with information concerning the number of Zytiga patients receiving money from CDF’s mCRPC fund. CDF’s provision of this information made it possible for Dendreon to confirm that CDF was using Dendreon’s money primarily to cover co-pays for Provenge, even though other mCRPC drugs were on the market.

CDF’s ARI Co-pay Fund for Astellas. Xtandi, an Astellas product, is indicated for treatment of mCRPC for patients who have failed chemotherapy. After the launch of Xtandi in September 2012, Astellas provided funding for the mCRPC fund at CDF. Xtandi is an androgen receptor inhibitor (“ARI”); none of the other major mCRPC drugs is an ARI. In May 2013, Astellas contacted CDF to request the opening of an ARI fund, which would cover mCRPC patients’ co-pays for ARIs, but not for other mCRPC drugs. CDF knew this meant that Astellas was seeking to earmark money for Xtandi patients, and not others, because Xtandi was the dominant ARI drug for treatment of mCRPC. On July 1, 2013, at Astellas’ request, CDF opened an ARI fund. Astellas alone financed CDF’s ARI fund. As CDF intended, Xtandi patients received nearly all of the money that the fund disbursed.

CDF’s Multiple Myeloma Travel Fund for Onyx. In July 2012, Onyx (now owned by Amgen) received approval to market Kyprolis as a third-line treatment for multiple myeloma.  Kyprolis must be infused at a health care facility. At around the time of the approval, Onyx asked CDF to create a fund that, ostensibly, would cover health care related travel expenses for patients taking any multiple myeloma drug. At Onyx’s request, CDF created the fund, which Onyx alone financed. Internally, CDF at times referred to the fund as the “Kyprolis Travel” fund, and, in fact, it functioned primarily to cover travel expenses for patients taking Kyprolis.

CDF’s Provision of Data to Onyx for the Multiple Myeloma Co-Pay Fund. CDF operated a fund that covered co-pays for multiple myeloma drugs, including Kyprolis and several other drugs. CDF’s multiple myeloma co-pay fund received financing from several pharmaceutical manufacturers. In 2013, CDF provided Onyx with data detailing the amounts CDF had spent, and anticipated spending, on Kyprolis co-pays. This enabled Onyx to view CDF’s funding requests as seeking amounts necessary to pay Kyrpolis co-pays but not the co-pays of any other multiple myeloma drug. In 2013, after receiving this information, Onyx paid CDF just enough to cover CDF’s anticipated spending on co-pays for Kyprolis patients.

CDF’s MS, Lupus, and RA “Exacerbation” Funds for Questcor. In 2010, 2011, and 2012, respectively, Questcor (now owned by Mallinkcrodt), the maker of Acthar Gel, approached CDF and requested that CDF open separate funds for “exacerbations” (i.e., flare-ups) of multiple sclerosis, lupus, and rheumatoid arthritis, respectively. CDF opened these “exacerbation” funds, and Questcor alone financed them. By design, the multiple sclerosis “exacerbation” fund did not cover drugs (other than Acthar) that treated multiple sclerosis, the lupus “exacerbation” fund did not cover drugs (other than Acthar) that treated lupus, and the rheumatoid arthritis “exacerbation” fund did not cover drugs (other than Acthar) that treated rheumatoid arthritis. After establishing the funds, CDF provided reports to Questcor that enabled Questcor to determine how much money CDF already had spent on Acthar patients and how much more money CDF would need to cover the Acthar co-pays for patients Questcor referred to CDF.   

PANF’s Prostate Cancer Subfunds. In March 2010, PANF opened a fund that covered co-pays for patients taking any drug that treated prostate cancer. In September 2012, PANF opened a fund that covered co-pays for patients taking drugs that treated mCRPC. PANF’s mCRPC fund covered a number of drugs, including Xofigo (a Bayer drug), Xtandi (an Astellas drug), and Provenge (a Dendreon drug), as well as competing drugs made by other companies. After PANF opened its mCRPC fund, Bayer, Astellas, and Provenge worked with PANF to create smaller funds, with each functioning primarily, if not exclusively, to cover the drug of the single company that financed each fund.

• The RIT subfund for Bayer. Xofigo is an alpha particleemitting radioactive therapeutic agent that the FDA approved to treat mCRPC on May 15, 2013. None of the other major drugs to treat mCRPC is radioactive. Prior to the approval of Xofigo, Bayer approached PANF about creating a fund that would cover only radioactive drugs for mCRPC. On May 16, 2013, one day after the FDA approved Xofigo, PANF opened a fund called Radioisotope Treatment of Metastatic Castrate Resistant Prostate Cancer (“RIT”). Bayer alone financed PANF’s RIT fund, and Xofigo patients received nearly all of the money the fund disbursed.
• The ARI subfund for Astellas. After hearing about PANF’s RIT fund, Astellas contacted PANF about creating an ARI fund that would cover only ARI drugs for mCRPC. Astellas alone financed PANF’s ARI fund, and Xtandi patients received the great majority of the money the fund disbursed.
• The GU subfund for Dendreon. Approximately one month after the opening of PANF’s RIT fund, PANF and Dendreon began discussions about PANF creating a fund that would cover copays only for immunotherapy treatments for mCRPC. On August 2, 2013, PANF opened a fund called Immunotherapy for Genitourinary Cancer (“GU”). Dendreon alone financed PANF’s GU fund, and Provenge patients received nearly all of the money the fund disbursed.

PANF’s SHPT Fund for Amgen. Sensipar, an Amgen product, is approved to treat secondary hyperparathyroidism (“SHPT”). The FDA also has approved other drugs to treat SHPT. In September 2011, Amgen approached PANF about creating an SHPT fund. PANF and Amgen then worked together to determine the fund’s coverage parameters so that it would cover only Sensipar. In November 2011, PANF launched a SHPT fund with Amgen alone providing the financing. Until June 2014, Sensipar patients received all of the money PANF’s SHPT fund disbursed.

BOSTON – A former Massachusetts man was sentenced yesterday in federal court in Springfield for his role in a conspiracy to hide money from a federally insured financial institution.

Jeffrey Borer, 59, formerly of Hatfield, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 10 months in prison, four years of supervised release and ordered to pay $189,000 in restitution and $189,000 in forfeiture. In February 2019, 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 and another person owed Wells Fargo Bank approximately $1.32 million in outstanding loans. In March 2012, Borer’s sister, who was acting as their bookkeeper, received approximately $1.1 million, which related to a judgment from a Honduran court, in her Massachusetts bank account. The share of these funds belonging to Borer and the other person was $486,000. A few days later, Borer sent an e-mail to his sister 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 on the judgments. Just transfer what is needed to pay bills as they arrive.” Borer’s sister distributed their funds from her account as he requested.

On or about May 24, 2012, Borer’s sister prepared a false personal financial statement for Borer, stating that he and the other person only had $4,200 of cash in the bank. Borer provided the statement to Wells Fargo, which relied upon it to negotiate their debt. On Oct. 31, 2012, Borer executed a settlement agreement with Wells Fargo, in which the bank agreed to forgive Borer’s personal obligations in exchange for a payment of only $50,000. Wells Fargo would not have settled for $50,000 had it known that Borer and the other individual had received $486,000 in cash from the Honduran judgment. 

On September 20, 2018, Borer’s sister pleaded guilty to these same charges. Her sentencing is scheduled for November 12, 2019.

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

BOSTON – A Worcester man was arrested yesterday and charged in federal court in Worcester with unlawfully importing a protected species.    

Nathan Boss, 27, was charged with one count of unlawful smuggling of prohibited wildlife. Boss made an initial appearance yesterday before U.S. Magistrate Judge David Hennessy.

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. 

On Sept. 20, 2019, Boss accepted delivery of the subject package at a post office in Worcester. Before leaving with the package containing the turtles, Boss allegedly informed the postal clerk that “Shelton Boss” was an alias that he used. In the course of the investigation, agents discovered evidence of Boss’s involvement in the unlawful importation of wildlife prior to September 2019. 

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

United States Attorney Andrew E. Lelling; David Sykes, Resident Agent in Charge of the U.S. Fish and Wildlife Service, Office of Law Enforcement; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistance with the investigation was provided by the U.S. Postal Inspection Service, U.S. Customs and Border Protection and the Massachusetts Division of Fisheries and Wildlife. Assistant U.S. Attorney Nadine Pellegrini of Lelling’s Criminal Division is prosecuting the case. 

BOSTON – A Walpole man has agreed to plead guilty in connection with failing to report income from his landscaping business to the Internal Revenue Service (IRS). 

Stephen L. Petrucci, 56, has agreed to plead guilty to one count of filing a false tax return. A plea hearing has not yet been scheduled by the Court. According to the terms of the plea agreement, the government will recommend a sentence of two years in prison, one year of supervised release, a fine and restitution to the IRS of $726,789. 

According to the charging document, Petrucci owes more than $700,000 in income taxes to the IRS after he failed to report income from his landscaping business on his federal tax returns for tax years 2012 through 2017. 

The charging statute provides a sentence of up to three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling 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. Attorney Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.

BOSTON – Three Romanian nationals were sentenced in federal court in Boston yesterday in connection with an ATM skimming scheme operating throughout Massachusetts and other states including Connecticut, New York and South Carolina. 

Ion Bonculescu, 26, Ion Vaduva, 39, and Florin Hornea, 38, were sentenced by U.S. District Court Judge William G. Young to 50, 24, and 36 months in prison, respectively, and three years of supervised release each. Judge Young also ordered restitution in the amount of $80,292 for Bonculescu, $141,635 for Vaduva, and $209,894 for Hornea. The defendants will face deportation proceedings upon completion of their sentence.  

In October 2018, Vaduva pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, conspiracy to use counterfeit access devices, and aggravated identity theft. In a separate hearing, Ion Vaduva, 38, and Florin Hornea, 37, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity and conspiracy to use counterfeit access devices. Hornea also pleaded guilty to aggravated identity theft. In May 2017, the defendants and eleven others were indicted in connection with the ATM skimming scheme. A superseding indictment later added another defendant.

The defendants, except for one, were members of the Hornea Crew, led by Constantin Denis Hornea and Ludemis Hornea, and engaged in ATM skimming – obtaining debit card numbers and PINs from unsuspecting bank customers, creating counterfeit cards, and making unauthorized withdrawals from the victims’ bank accounts.

Over a period of 18 months, the Crew installed skimming devices and made unauthorized withdrawals in seven states, including Massachusetts. In particular, members of the Crew installed skimming devices in the following locations: Amherst, Bellingham, Billerica, Braintree, Chicopee, Quincy, Southwick, Waltham, Weymouth, and Whately, Mass.; Enfield, Conn.; Columbia, Greenville, Greenwood, Mauldin, and Saluda, S.C.; Savannah, Ga.; and Yadkinville, N.C.  The Crew made unauthorized withdrawals at ATMs in approximately 29 Massachusetts towns; seven Connecticut towns; six New York towns; Salem, N.H.; and Sumter, S.C.

Members of the Hornea Crew transferred money throughout the United States and to Romania and the People’s Republic of China. Some of those transfers were for the purchase of skimming devices and related components from abroad.

In May 2018, Constantin Hornea was sentenced to 65 months in prison, three years of supervised release and ordered to pay $242,141 in restitution and a money judgment of $54,260. Ludemis Hornea was sentenced to 42 months in prison, which includes credit for 15 months served on a state sentence, three years of supervised release and ordered to pay $57,422 in restitution and a money judgment of $11,124.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today.  Assistance with the investigation was also provided by the Internal Revenue Service’s Criminal Investigations in Boston; U.S. Secret Service; U.S. Postal Service; Massachusetts Department of Correction; U.S. Customs and Border Protection; the Amherst, Billerica, Braintree, Boston, Quincy, Southwick, Waltham, Whately, and Westwood Police Departments; Connecticut State Police; Greenwich Police Department; the New York City Police Department; Houston Police Department; South Carolina Law Enforcement Division; Richland County (South Carolina) Sheriff’s Department; Florence and Saluda (South Carolina) Police Departments; and the Solicitor’s Offices of Greenville and Saluda Counties. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit prosecuted the case.

BOSTON – A South Boston man was sentenced yesterday in federal court in Boston on loansharking and gambling charges.

Tam V. Nguyen, 51, was sentenced by U.S. District Court Judge Denise J. Casper to 10 months in prison and two years of supervised release. In June 2019, Nguyen pleaded guilty to one count of conspiracy to collect extensions of credit by extortionate means and one count of operating an illegal gambling business.

From April to August 2017, Nguyen conspired to collect an extension of credit from a victim and engaged in an illegal gambling business from September 2016 through August 2017. Nguyen was a bookmaker and conspired to collect a large gambling debt from a bettor. In an intercepted telephone call, Nguyen told a conspirator to “go ahead and be firm, be firm with him. That will make him afraid and try hard to take care of it. That’s all.”

As part of the same investigation, in August 2017, Vinh Quang Huynh, Quang PT Le, and Kim Nguyen, all of Dorchester, were charged with kidnapping, conspiracy to collect extension of credit by extortionate means, and operating an illegal gambling business. In March 2019, Kim Nguyen was sentenced to one year and one day in prison, two years of supervised release, and ordered to pay restitution in the amount of $6,300. In May 2018, Le was sentenced to six years in prison, three years of supervised release and ordered to pay restitution in the amount of $6,300. In December 2017, Huynh pleaded guilty and is awaiting sentencing. In addition, as part of the same case, Ban “Bo” Tran pleaded guilty to misprision of a felony and was sentenced in February 2019 to eight months in prison, one year of supervised release and ordered to pay a fine of $5,000.  

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Gross; and Quincy Police Chief Paul Keenan made the announcement today. The Internal Revenue Service’s Criminal Investigation in Boston and the Massachusetts Department of Correction assisted with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.

BOSTON – The former owner of Giovanni’s Roast Beef & Pizza in Saugus was sentenced today in federal court in Boston for failing to report $800,000 in corporate and personal income to the IRS.    

Steve Konis, 70, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to three months in prison, two years of supervised release, and ordered to pay a fine of $100,000 and restitution of $178,196. In July 2019, Konis pleaded guilty to two counts of aiding and assisting in filing false corporate tax returns.

Konis was the sole owner of Giovanni’s Roast Beef & Pizza in Saugus. From 2012 through October 2016, Konis underreported the gross receipts of Giovanni’s in order to reduce the federal income taxes owed by Konis and Giovanni’s. Konis accomplished this by diverting some of the restaurant’s cash receipts for his own benefit, paying for some supplies with cash, and paying a portion of his employees’ wages in cash. In addition, Konis failed to report all of Giovanni’s business expenses in order to make the false gross receipts he reported appear more realistic. As a result, Konis failed to report on cash receipts totaling approximately $800,000 and cash expenses of $312,000 on Giovanni’s tax returns. As a result, for tax years 2012 through 2015, Konis avoided paying corporate and personal taxes totaling $178,169.   

United States Attorney Andrew E. Lelling 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 Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit prosecuted the case. 

BOSTON – A Westminster woman was sentenced today in federal court in Worcester for stealing Social Security benefits.   

Theresa Kenda Benedict, 56, was sentenced by U.S. District Court Judge Timothy Hillman to six months of home confinement, two years of probation and ordered to pay restitution of $46,310. In May 2019, Benedict pleaded guilty to one count of theft of public funds and four counts of making false statements. Benedict was arrested and charged in June 2018.

Benedict served as the representative payee for a disabled individual who was receiving Social Security benefits. In 2013, 2014, 2015, and 2016, Benedict informed the Social Security Administration that she used all of the money she received as a representative payee for the beneficiary. In fact, Benedict had used some of the money for her own expenses. Between December 2007 and March 2016, Benedict stole approximately $46,310.36 in Social Security benefits intended for the disabled individual.

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 prosecuted the case.

BOSTON – A Ware man pleaded guilty today in federal court in Springfield after being charged with sexual exploitation charges.

Walter Brown, 74, pleaded guilty to one count of conspiracy to commit sexual exploitation of a child, two counts of sexual exploitation of a child, one count of conspiracy to commit sex trafficking and two counts of sex trafficking. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Jan. 22, 2020. Brown was arrested on July 14, 2017, and has been detained since that time.

On Oct 11, 2019, co-defendant Claire Poole was sentenced to 125 months in prison after pleading guilty to conspiracy to commit sex trafficking and two counts of sex trafficking.

Poole moved to the Springfield area in early 2017 and later helped co-defendant Walter Brown have sex with a teenage girl. Brown induced the girl to provide pornographic videos and to have sex with him on two occasions by paying her money. Poole acted as a go-between, first by conveying Brown’s initial offer to the girl and then by relaying Brown’s messages to the victim, which included negotiations about what Brown would pay. Poole also provided a cell phone to produce the pornographic videos, and Poole transported the minor to Brown’s house in Ware for sex on two occasions.

The sex trafficking charges provide for a minimum mandatory sentence of 10 years and up to a lifetime in prison, a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. The charges of sexual exploitation of a child provide for a minimum mandatory sentence of 15 years and up to 30 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Ware Police Chief Shawn Crevier; Monson Police Chief Stephen Kozloski; and Amherst Police Chief Scott Livingstone 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 – Two New York City men were arrested on Monday, Oct. 21, 2019, and charged with drug trafficking in federal court in Boston.

James De La Cruz, 28, and Juan Santos Roque, 46, were charged with conspiracy to distribute and possession with intent to distribute more than 400 grams of fentanyl. The defendants were arrested in Peabody, Mass., and remain in federal custody pending a detention hearing.

It is alleged that De La Cruz spoke with a cooperating witness several times in September and October 2019, and met with the cooperating witness to arrange a large drug shipment from New York to the Boston area. On Oct. 21, 2019, De La Cruz and Santos Roque drove from New York to Peabody, Mass. with approximately 10 kilograms of suspected fentanyl and six kilograms of suspected heroin in a hidden compartment in Santos Roque’s vehicle. After meeting with the cooperating witness, law enforcement agents arrested both men.

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

United States Attorney Andrew E. Lelling and Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Federal Bureau of Investigation, Boston Field Division; the Drug Enforcement Administration, New England Field Division; the Massachusetts State Police; the Massachusetts Attorney General’s Office; and the Dartmouth and Peabody Police Departments. Assistant U.S. Attorney Stephen W. Hassink 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 – Two Everett men were indicted yesterday in connection with their role in a money laundering conspiracy.  

Lindsley J. Georges, 27, and Dave Guillaume, 24, were indicted on one count of conspiracy to commit money laundering. The defendants were previously charged by criminal complaint in July 2019.

According to the indictment, in December 2017 and January 2018, customer accounts at Santander Bank and TD Bank were compromised and more than $900,000 fraudulent withdrawals were used to purchase bank checks in the names of several entities.  Georges and Guillaume deposited the fraudulently obtained bank checks to business accounts they opened at TD Bank and Bank of America, after which they made substantial withdrawals of cash and checks. Guillaume allegedly opened two of the business accounts using false names, as well as a fraudulent driver’s license. 

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorneys Leslie A. Wright and Mark J. Balthazard of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.

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