FEDERAL DISTRICT ARCHIVE
District of Massachusetts
Press releases recorded for this federal judicial district.
South Boston Man Sentenced for Distributing Heroin and Fentanyl in Public Housing DevelopmentsRead the Press Release
BOSTON – A South Boston man was sentenced today in federal court in Boston for distributing heroin and fentanyl.
Jomar Ventura, 24, was sentenced by U.S. District Court Judge Patti B. Saris to 30 months in prison and three years of supervised release. In April 2019, Ventura pleaded guilty to four counts of distribution and possession with intent to distribute heroin and fentanyl.
On four occasions between March and May 2018, Ventura distributed a total of over 44 grams of heroin and fentanyl to a cooperating witness in the Mary Ellen McCormack and Old Colony public housing developments in South Boston. Court-authorized recordings of each transaction and laboratory results confirmed that the drugs were heroin and fentanyl. Evidence presented in connection with sentencing hearing demonstrated that Ventura had been distributing heroin, fentanyl, and cocaine regularly for at least six months.
United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit prosecuted 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.
MS-13 Member Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – An MS-13 member was sentenced yesterday in federal court in Boston to racketeering conspiracy.
Nelson Cruz Rodriguez Cartagena, a/k/a “Inquieto,” 25, a Salvadoran national illegally residing in Everett, was sentenced by U.S. District Court Judge William G. Young to 17 years in prison and three years of supervised release. Rodriguez will be subject to deportation proceedings upon completion of his sentence. In April 2019, Rodriguez pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, commonly referred to as RICO conspiracy. Rodriguez was arrested in Everett after law enforcement determined that he had reentered the United States after having been deported in 2016.
Rodriguez is a full member, or “homeboy,” in MS-13’s Everett Locos Salvatrucha (ELS) clique. On recorded prison calls with a detained ELS clique leader, Rodriguez discussed buying guns for the ELS clique; maintaining and supervising the clique’s marijuana trafficking business; the need to collect dues from clique members; the need to send money to MS-13 leaders in El Salvador due on the 13th of each month; and reporting on the clique’s day-to-day racketeering activities. When the clique leader began to suspect that a member of the ELS clique had cooperated with law enforcement leading to his arrest, he enlisted Rodriguez’s help to ferret out the informant. Rodriguez provided the true names of two young ELS clique members, and the leader concluded that one of them, Jose Aguilar Villanueva, a/k/a “Fantasma,” was the clique member responsible for his arrest. Once ELS (incorrectly) identified Villanueva as an informant, members of ELS, including Rodriguez, met at the clique’s “destroyer house,” – a residence where clique members stored knives, machetes, marijuana, and money – to discuss gang business and to plan the murder of Villanueva. Ultimately, on the night of July 5, 2015, two young ELS probationary members, or “chequeos,” lured Villanueva into a park in Lawrence and stabbed him to death. Villanueva was 16-years-old.
On Jan. 2, 2016, three young ELS clique members murdered 19-year-old Omar Reyes, an associate of the rival gang,18th Street, by shooting him in the head under a bridge in Everett. Immediately after the murder, the ELS clique members called Rodriguez, who called another ELS homeboy to report the murder. Rodriguez then helped the three ELS clique members hide the murder weapon from the police.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Carol Mici of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Rachel Rollins; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement. The U.S. Marshals Service for the District of Massachusetts provided crucial assistance with the case.
Boston Gang Member Pleads Guilty to Federal Firearm OffenseRead the Press Release
BOSTON – A Boston man affiliated with the Vine/Forest Street and Orchard Park gangs pleaded guilty today in federal court in Boston to illegally possessing a firearm and ammunition.
Quantae Elmore, 22, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Oct. 10, 2019. Elmore was arrested and charged federally in July 2018 and has been in custody since.
On May 4, 2018, police officers encountered Elmore with a loaded firearm in his waistband on Zeigler Street in the Orchard Gardens 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.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of no greater than 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; 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.
Three Massachusetts Men Charged with Bank Fraud ConspiracyRead the Press Release
BOSTON – Three Massachusetts men were charged today in federal court in Boston in connection with schemes to use false identification documents to obtain funds from bank customers’ accounts.
Lindsley J. Georges, 26, and Dave Guillaume, 23, both of Everett, and Fesnel Lafortune, 30, of Milton, were each charged with one count of conspiracy to commit bank fraud. The defendants were arrested this morning and made an initial appearance in federal court in Boston.
According to the complaint charging Georges and Guillaume, in December 2017 and January 2018, two unindicted co-conspirators obtained four bank checks totaling nearly $800,000 from two Santander Bank customers’ accounts. Two other co-conspirators obtained two bank checks totaling more than $330,000 from a TD Bank customer’s account, by representing that they were the customers. It is alleged that Georges deposited two of the fraudulently-obtained Santander Bank checks into a business bank account he controlled, and thereafter withdrew about $200,000 in six cash withdrawals at six different bank branch offices. Guillaume deposited one of the fraudulently-obtained Santander Bank checks to a business bank account he had opened using a fake name. It is alleged that Guillaume thereafter withdrew about $46,000 in cash in five transactions at four different bank branches. Georges and Guillaume also each deposited one of the fraudulently-obtained TD Bank checks to a business bank account that Guillaume had opened using a fake name and driver’s license.
According to the complaint charging Lafortune, in April 2017, another 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.
The charge of conspiracy to commit bank fraud carries a sentence of no greater than 30 years in prison, up to five years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. 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 the charging documents are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rhode Island Man Charged in Connection with Business Email Compromise Fraud Targeting Massachusetts LawyerRead the Press Release
BOSTON - A Rhode Island man was charged today in federal court in Boston in connection with a conspiracy to launder funds derived from Business Email Compromise (BEC) fraud schemes, including one that targeted a Dorchester real estate attorney.
Sayon Balogun a/k/a “Oshine,” 32, a dual citizen of the United States and Nigeria, was indicted on one count of money laundering conspiracy. Balogun was initially charged by criminal complaint on May 31, 2019, and arrested in Florida on June 10, 2019. He has been detained pending trial.
According to court documents, in January 2018, Balogun’s co-conspirators gained access to email accounts belonging to a Massachusetts attorney engaged in real estate closings. The co-conspirators then mimicked (spoofed) the real estate attorney’s email account and sent emails to a Massachusetts resident who was the purchaser in a legitimate real estate transaction. The spoofed emails directed the Massachusetts real-estate purchaser to wire transfer $531,981 (which the purchaser believed was for a legitimate real estate transaction) to a bank account held by a California woman. The California women then sent $60,000 to an account in the name of “David Tecum,” a fraudulent identity used by Oghenetchouwe Adegor Ederaine Jr., one of Balogun’s co-conspirators, who received fraud proceeds at Balogun’s direction. Ederaine has pleaded guilty to aggravated identity theft and money laundering conspiracy charges.
Balogun faces a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $500,000 or twice the value of the funds laundered in the conspiracy. 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 Office, made the announcement today. The Massachusetts U.S. Attorney’s Office would also like to acknowledge the assistance of the United States Attorney’s Office and the FBI for the Southern District of Florida. Assistant U.S. Attorneys David D’Addio and Amy Harman Burkart of Lelling’s Cybercrime Unit are 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.
Lawrence Man Pleads Guilty to Distributing HeroinRead the Press Release
BOSTON – A Lawrence man pleaded guilty today in federal court in Boston to distributing 100 grams or more of heroin.
Orlando Breton Mercado, 44, pleaded guilty to distribution of and possession with intent to distribute 100 grams or more of heroin. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Sept. 30, 2019. Mercado was arrested and charged in November 2018, and has been in custody since.
According to the charging documents, in July 2018, agents began investigating Mercado for drug trafficking, and on Nov. 20, 2018, they conducted an undercover controlled purchase from Mercado of nearly one kilogram of heroin. Mercado was subsequently arrested.
The charge of distribution of 100 grams or more of heroin carries a minimum mandatory sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistance was provided by the Salem Police Department. Assistant U.S. Attorney Alathea E. Porter of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Leader of Springfield Heroin Trafficking Organization Pleads GuiltyRead the Press Release
BOSTON – The leader of a large-scale heroin trafficking organization pleaded guilty in federal court in Springfield yesterday. The organization was supplied by sources in the Dominican Republic and New York City.
Alberto Marte, 33, of Springfield, pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute 1000 grams or more of heroin, five counts of distribution of and possession with intent to distribute more than 100 grams of heroin, one count of distribution of and possession with intent to distribute heroin, one count of conspiracy to distribute and possess with intent to distribute fentanyl, and one count of possession of a firearm in furtherance of a drug trafficking offense. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept, 24, 2019. Marte and 18 co-defendants were indicted on heroin conspiracy charges in August 2017.
Marte, the leader of a Springfield-based drug trafficking organization, which consisted of at least 17 members, 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. According to court documents, the organization then packaged the heroin and distributed it using a variety of stamps, including “Donald Trump” and “Hollywood.” The Hollywood brand of heroin has been associated with a number of overdose deaths in western New England that occurred in late 2015 and early 2016. During the course of the investigation, more than six kilos of heroin was seized by federal agents.
Four co-conspirators have also pleaded guilty, including Jose Miguel Ramos, a Dominican national smuggled into the country to work for Marte’s organization. Ramos lived in a heroin mill in Springfield where he and others packaged kilograms of heroin for retail distribution. The remaining defendants have pleaded not guilty.
The charge of conspiracy to distribute and possess with the intent to distribute 1000 grams or more of heroin provides for a minimum mandatory sentence of 10 years and up to life in prison, up to a lifetime of supervised release and a fine of up to $10 million. The charge of distribution of and possession with the intent to distribute 100 grams or more of heroin provides for a mandatory minimum sentence of five years and up to 40 years in prison, a lifetime of supervised release and a fine of $5 million. The charge of conspiracy to distribute and possess with the intent to distribute fentanyl provides for a sentence of no greater than 20 years in prison, a lifetime of supervised release and a fine of $10 million. The charge of possession of a firearm in furtherance of a drug trafficking offense provides for a mandatory minimum sentence of five years and up to life in prison, supervised release for four years, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Peter C. Fitzhugh, 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; Acting 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 remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Springfield Man Charged with ExtortionRead the Press Release
BOSTON – A Springfield man was arrested today and charged in federal court in Springfield with extortion.
Anthony J. Scibelli, 51, was charged with one count of collecting on an extension of credit by extortionate means. He will appear in federal court in Springfield later today.
According to the criminal complaint, in 2019, Scibelli collected on a line of credit that had been extended to a victim. It is alleged that on June 19, 2019, Scibelli threatened and beat the victim for failing to make the monthly $1300 payment. The beating occurred in front of four plain clothed members of law enforcement. During the beating, Scibelli allegedly threatened that the victim must have all the money “on the first,” referring to the 1st of the month.
United States Attorney Andrew E. Lelling; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Neil Desroches of Lelling’s Springfield Branch Office and Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Registered Nurse Indicted on Drug Diversion ChargeRead the Press Release
BOSTON – A Haverhill nurse was charged in federal court in Boston with tampering with patients’ morphine.
Brianna Duffy, 32, was indicted on one count of tampering with a consumer product and one count of acquiring a controlled substance by fraud or deception. Duffy will appear in federal court in Boston this afternoon.
As alleged in the indictment, on March 17 and 18, 2019, while working as a registered nurse at Hunt Nursing and Rehab in Danvers, Duffy tampered with morphine sulfate prescribed to an 89-year old hospice patient. In an attempt to avoid detection, she replaced the extracted medication with another liquid, diluting the morphine to just 26% of the prescribed concentration. The hospice patient received the diluted morphine and suffered unnecessary pain.
It is further alleged that from December 2016 until July 2017 while working as a registered nurse at Maplewood Care and Rehabilitation Center in Amesbury, Duffy diverted morphine from two bottles that were prescribed to a 68-year old patient. Duffy subsequently diluted the remaining morphine with another liquid, leaving only 1.2%-2.5% of the declared concentration of morphine. Duffy tested positive for morphine on July 18, 2017.
The charges provide for a sentence of no greater than 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; Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office on Investigation; and Commissioner Monica Bharel, MD, MPH, of the Massachusetts Department of Public Health made the announcement today. Assistant U.S. Attorney Elysa Wan of Lelling’s Health Care Fraud Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Convicted Felon Sentenced for Federal Firearm OffenseRead the Press Release
BOSTON – A Lawrence man was sentenced yesterday in federal court in Boston for illegally possessing a firearm and ammunition.
Franklin Laras, 24, was sentenced by U.S. District Court Judge Allison D. Burroughs to 53 months in prison and three years of supervised release. In March 2019, Laras pleaded guilty to being a felon in possession of a firearm and ammunition.
On Aug. 2, 2018, the Lawrence Police Department received a 911 call from a landscaper working at nearby fast food restaurant reporting that a customer in the drive through lane had a firearm. The landscaper reported that the driver was in a black Acura, provided a partial plate number, and stated that the driver had pulled the firearm on him.
Two police officers responded to the call and found the landscaper who explained that when he approached the drive through lane, the driver of the Acura (later identified as Laras) came out of the car and confronted the landscaper, claiming that the landscaper had “blown s***” into his car. Although the landscaper immediately apologized, Laras lifted his shirt and grabbed a firearm tucked into his waistband. Before Laras did anything with the firearm, however, the female passenger in the Acura excited the car and pushed Laras back in the car before driving away.
Soon after, police officers were able to locate and stop the Acura, and disarm Laras. The landscaper subsequently confirmed that Laras was the man who had displayed the firearm earlier at the restaurant. The firearm recovered from Laras’ waistband was a Ruger Model SR 9mm semi-automatic handgun that contained 12 rounds of .45 caliber ammunition.
Laras had previously been convicted of a crime punishable by more than one year in prison and was therefore prohibited from possessing a firearm and ammunition.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; Essex County District Attorney Jonathan W. Blodgett; and Lawrence Police Chief Roy P. Vasque made the announcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Brockton Man Arrested on Federal Firearms ChargeRead the Press Release
BOSTON – A Brockton man was arrested on Friday, June 28, 2019, and charged in federal court in Boston with a firearms offense.
Tyrell Hampton, 30, was charged with being a felon in possession of firearms.
According to the complaint, Hampton sold two .9mm Luger pistols and 21 rounds of .9mm ammunition to an undercover officer in Brockton on June 27, 2019. In phone communications preceding this transaction, Hampton allegedly indicated that the buyer should move fast because “they [the firearms offered for sale] go quick but I can always get more.”
According to court records, Hampton has previously been convicted of multiple felony offenses including drug convictions and a prior firearm conviction. As a felon, Hampton is barred under federal law from possessing a firearm.
The charge of possessing a firearm after being convicted of a felony carries a sentence of no greater than 10 years in prison, three years of supervised release, and a $250,000 fine. In addition, if Hampton is deemed to be an Armed Career Criminal, he will face an enhanced mandatory minimum sentence of 15 years. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, New England Division, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Brockton Police Department. Assistant U.S. Attorney Bill Abely 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.
Rwandan Man Sentenced for Immigration Fraud and Perjury in Connection with 1994 GenocideRead the Press Release
BOSTON – A man who fled Rwanda near the end of the 1994 genocide was sentenced today in federal court in Boston for immigration fraud and perjury in connection with his application for immigration benefits in the United States.
Jean Leonard Teganya, 47, was sentenced by U.S. District Court Judge F. Denis Saylor IV to 97 months in prison. Upon completion of his sentence, Teganya will face removal proceedings. In addition, Judge Saylor found that Teganya obstructed justice by committing perjury when he testified during trial. In April 2019, Teganya was convicted by a jury of two counts of immigration fraud and three counts of perjury.
“Mr. Teganya was convicted and sentenced for the most serious form of immigration fraud: lying about his status as a war criminal to win immigration benefits in the United States,” said United States Attorney Andrew E. Lelling. “Based on the evidence admitted at trial, the defendant committed horrendous crimes during the Rwandan genocide and then sought to deceive U.S. immigration authorities about his past. Especially in the context of genocide, American asylum laws exist to protect the persecuted – not the persecutors.”
“The defendant committed unimaginable acts of violence and brutality,” said Special Agent in Charge Peter C. Fitzhugh, Homeland Security Investigations, Boston. “Today’s sentencing clearly demonstrates that this nation will never be a safe haven for human rights violators and war criminals. Homeland Security Investigations will continue to work closely with our federal and international partners to relentlessly pursue such criminals and protect our nation’s legal immigration systems.”
The Rwandan genocide began on April 6, 1994, and lasted for a period of 100 days. During the genocide, approximately 800,000 ethnic Tutsis were murdered, making it the deadliest genocide since the holocaust in World War II. Prior to the genocide, Teganya was enrolled as a medical student at the National University of Rwanda, in Butare. During that time, he was a member of the MRND political party, the ruling Hutu-dominated party that incited the genocide. Teganya was also a member of the Interahawme, the MRND youth wing, where he participated in martial arts and weapons training.
During the genocide, Teganya remained at the hospital in Butare, where he led teams of soldiers and Interahamwe around the hospital to locate Tutsi patients and refugees hiding in the hospital. Once discovered, the Tutsis were taken and killed behind the maternity ward. Teganya also led teams of soldiers and Interahawme who took Tutsi women to be raped.
The evidence at trial demonstrated that Teganya participated in the murders of three Tutsi people at the hospital and four Tutsi students he discovered in the dormitory where he was living. Teganya also participated in five rapes of two Tutsi women who were hiding in the hospital.
At the end of the genocide in mid-July 1994, Teganya fled Butare, traveling to the Democratic Republic of Congo, Kenya, India, and then Canada. In 1999, Teganya applied for asylum in Canada. Canadian authorities twice determined that Teganya was not entitled to asylum because he had been complicit in atrocities committed at the Butare hospital during the genocide. After 15 years of asylum proceedings, Teganya evaded the Canadian deportation order and fled across the border into the United States. On Aug. 3, 2014, Teganya was encountered walking on foot after he had crossed from Canada into Houlton, Maine. Teganya was taken into custody and he formally applied for asylum. On the application for asylum and withholding of removal an at an immigration hearing, Teganya made false statements by failing to disclose his membership with MRND and his activities during the genocide.
U.S. Attorney Lelling and HSI SAC Fitzhugh made the announcement today. U.S. Customs and Border Protection, the U.S. State Department and the Revere Police Department provided valuable assistance. Assistant U.S. Attorneys Scott L. Garland, Deputy Chief of Lelling’s Nation Security Unit, and George P. Varghese, also of the National Security Unit, prosecuted the case.
Dominican National Sentenced for Identity TheftRead the Press Release
BOSTON – A Dominican national was sentenced on Friday, June 29, 2019, in federal court in Boston in connection with misusing a Social Security number and identity theft.
Jose Gonzalez Vizcaino was sentenced by U.S. District Court Judge Richard G. Stearns to two years in prison. Upon completion of his sentence, Vizcaino will be subject to deportation proceedings.
On March 11, 2014, Vizcaino walked into a branch of the Registry of Motor Vehicles and used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a Massachusetts learner’s permit. On May 19, 2014, Vizcaino returned to the Registry of Motor Vehicles and again used the same name, date of birth, and Social Security number of the United States citizen to apply for a Massachusetts driver’s license.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement. This case was prosecuted by Lelling’s Major Crimes Unit.
Convicted Money Launderer Charged in New Money Laundering ConspiracyRead the Press Release
BOSTON – A Hingham man who was convicted earlier this year of money laundering now faces new charges of money laundering conspiracy.
Yannick A. Minang, 26, was arrested earlier today and charged by criminal complaint with one count of international money laundering conspiracy. Minang will appear in federal court in Boston this afternoon. Earlier this year, Minang pleaded guilty to a five-count indictment for his role in a similar business email compromise (BEC) scheme in 2017. Minang is scheduled to be sentenced on those charges on July 17, 2019 before U.S. District Court Judge F. Dennis Saylor.
As alleged in the charging document, Minang conspired with others to open numerous bank accounts in Massachusetts in the name of sham companies, as part of an apparent BEC scheme. A BEC scheme is a sophisticated scam often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques, to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by the scammers.
It is alleged that, through the use of fraudulent invoices and spoofed email accounts, Minang conspired to trick a victim of the scheme into wiring hundreds of thousands of dollars to a bank account under his control. Minang and his co-conspirators then transferred funds from the account on to others located overseas.
The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $500,000 or twice the amount involved in the transaction, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney William B. Brady of Lelling’s Criminal Division, and Jordi de Llano, Deputy Chief of Lelling’s Securities & Financial Fraud Unit, are prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Sentenced for Role in International Money Laundering SchemeRead the Press Release
BOSTON – A Florida man was sentenced yesterday in connection with his role in an international money laundering scheme designed to hide the illicit proceeds of business email compromise (BEC) schemes.
Angel De Jesus Lara Nieto, 26, of Fort Lauderdale, Fla., was sentenced by U.S. District Court Judge Richard G. Stearns to 41 months in prison and three years of supervised release. In March 2019, Lara pleaded guilty to one count of conspiracy to engage in money laundering.
According to court documents, Lara and his co-conspirators were members of an organization that engaged in wire fraud, money laundering, and related criminal activity. Lara recruited at least four others to act as money mules for the organization, meaning that each was served as the nominal owner of numerous shell companies and opened bank accounts in that company’s name for the purpose of receiving, withdrawing, and transferring proceeds of criminal activity. Lara himself also engaged in the same conduct—opening shell bank accounts and receiving fraud proceeds—personally laundering over one million dollars in fraudulent funds.
Lara was charged specifically for an incident that occurred in January 2018, where co-conspirators gained access to email accounts belonging to a Massachusetts attorney engaged in real estate closings. Emails sent from Lara’s co-conspirators to recipients in the District of Massachusetts in January and February of 2018 “spoofed” the real estate attorney’s account in a an attempt to cause the purchaser in a real estate transaction to transfer $475,000, which was intended to be used for payment in connection with a real estate transaction, to a shell account of a money mule recruited and controlled by Nieto. Fortunately, that attempted fraud was discovered before the wire transfer took place.
United States Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Assistant U.S. Attorneys David J. D’Addio and Amy Harman Burkart of Lelling’s Cybercrime Unit are prosecuting the case.
California Man Charged and Agrees to Plead Guilty in College Admissions CaseRead the Press Release
BOSTON – A California man will plead guilty to charges in connection with using bribery and other forms of fraud to facilitate his son’s admission to the University of Southern California (USC).
Jeffrey Bizzack, 59, of Solana Beach, Calif., will plead guilty to an Information charging him with one count of conspiracy to commit mail fraud and honest services mail fraud. A plea hearing has not yet been scheduled by the Court. According to the terms of the plea agreement, the government will recommend a sentence of nine months in prison, one year of supervised release, a fine of $75,000, and restitution.
According to the Information, Bizzack agreed with William “Rick” Singer to pay $250,000 to facilitate the admission of Bizzack’s son to USC as a purported volleyball recruit. On July 16, 2017, Singer emailed Bizzack asking for his son’s biographical information for the purpose of creating a falsified athletic profile. On July 26, 2017, Bizzack’s son sent Singer his academic transcripts, which Singer then forwarded to Laura Janke, a former USC assistant soccer coach. Janke created a fabricated volleyball profile for Bizzack’s son and sent it to Singer, who forwarded it to the senior associate athletic director at USC. It is alleged that, in October 2017, the USC senior associate athletic director presented Bizzack’s son to the USC subcommittee for athletic admissions as a purported volleyball recruit. In November 2017, Bizzack’s son received conditional admission to USC as a student-athlete, and in March 2018, Bizzack’s son received a formal acceptance letter from USC. Beginning in December 2017, Bizzack sent a $50,000 check to the USC “Galen Center,” and made multiple payments totaling $200,000 to Singer’s purported non-profit corporation.
According to the Information, in July 2018, Singer began making monthly payments of $20,000 to the senior associate athletic director at USC in exchange for her assistance with facilitating the admission of Bizzack’s son and others.
Janke previously pleaded guilty and is cooperating with the government’s investigation.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. 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.
U.S. Postal Service Employee charged with EmbezzlementRead the Press Release
BOSTON – A U.S. Postal Service (USPS) employee was arrested today and charged with embezzling over $20,000 in payments from customers for money orders and stamps.
Austin Correia, 22, of New Bedford, was indicted on one count of embezzlement and theft of public money, property or records. Correia will appear later today in federal court in Boston.
According to the indictment, Correia began working for USPS at the end of 2017 as a Sales & Service Distribution Associate at both the Mount Pleasant and North Street Post Offices in New Bedford. In this role, Correia had the ability to issue foreign and domestic postal money orders and sell stamps to customers. Correia engaged in a scheme in which he received a cash payment from customers to purchase stamps or money orders, but voided out the valid transactions to make it appear as if they did not occur. Correia provided the customer with the USPS product, but took the cash payment for his own personal use either by pocketing the money or by purchasing gift cards sold at the Post Office. It is alleged that Correia’s scheme cost the USPS over $20,000.
The charging statute provides a sentence of no greater than 10 years in prison. 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 Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office, made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption & Special Prosecutions Unit 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.
Two Defendants in College Admissions Case Plead GuiltyRead the Press Release
BOSTON – A university athletic coach and a former accountant pleaded guilty today in federal court in Boston in connection with the college admissions case.
Ali Khosroshahin, 49, of Fountain Valley, Calif., a former head coach of women’s soccer at the University of Southern California, pleaded guilty to conspiracy to commit racketeering. U.S. District Court Judge Indira Talwani scheduled sentencing for Oct. 25, 2019. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the federal Sentencing Guidelines, one year of supervised release, a fine, restitution and forfeiture. Khosroshahin is cooperating with the government’s investigation.
Steven Masera, 69, of Folsom, Calif., a former accountant and financial officer for the Edge College & Career Network and the Key Worldwide Foundation, pleaded guilty to conspiracy to commit racketeering. Judge Talwani scheduled sentencing for Oct. 22, 2019. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the federal Sentencing Guidelines, one year of supervised release, a fine, restitution and forfeiture. Masera is also cooperating with the government’s investigation.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of racketeering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit and Carol Head of Lelling’s Asset Recovery 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.
Springfield Man Charged with Sex TraffickingRead the Press Release
BOSTON - A Springfield man was charged in federal court in Springfield today with sex trafficking.
William Coleman, 48, was charged with one count of conspiracy to commit sex trafficking and nine counts of sex trafficking. Coleman was arrested on Dec. 23, 2018, and has been in custody since.
According to court documents, William Coleman ran a prostitution business and used violence, as well as the drug addictions – primarily heroin - of female victims to coerce them into engaging in commercial sex acts with paying customers. The women were typically required to turn over all of their earnings to Coleman, while being subject to his tight control over their daily lives. Most of the women were not allowed to keep any of the money they earned, and they were only allowed to obtain the drugs they were addicted to from Coleman. Victims who did not engage in prostitution for Coleman, or who did not follow his rules, were subjected to physical assaults, sexual violence and the withholding of drugs. Coleman allegedly used websites to post prostitution advertisements for the victims working for him. His business covered the greater Springfield and Hartford areas, and other parts of Connecticut.
The maximum sentence for sex trafficking and conspiracy to commit sex trafficking is life in prison, five years of supervised release and a $250,000 fine. The Sex Trafficking statute also imposes a mandatory minimum sentence of 15 years for offenses committed by means of force, threats of force, fraud or coercion. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County District Attorney Anthony D. Gulluni; Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police; and Acting Springfield Police Commissioner Cheryl Clapprood made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rhode Island Man Indicted for Somerville Armed Bank RobberyRead the Press Release
BOSTON – A Rhode Island man was indicted today by a federal grand jury in Boston in connection with the May 1, 2019, armed bank robbery in Somerville that resulted in shots fired.
Daniel Rosado, 32, of Providence, R.I., was indicted on one count of armed bank robbery, one count of brandishing and discharging a firearm during a crime of violence, and one count of being a felon in possession of a firearm. Rosado was arrested and charged by criminal complaint on May 23, 2019, and has been in custody since.
According to the charging documents, on May 1, 2019, a man, later identified as Rosado, entered the Middlesex Federal Savings Bank in Somerville, brandished a handgun, fired a shot into the ceiling, and pointed the firearm at customers and bank employees. It is alleged that Rosado yelled: “Get down!,” “Everybody on the ground!,” “Second Drawer,” “Hurry Up!” and “Give me money or I’ll shoot!” Customers and bank employees laid on the floor, while the robber approached a teller window, threw a backpack at the teller, and demanded money.
While the teller filled the backpack with money, a customer exited the bank and flagged down a marked police cruiser occupied by a uniformed Somerville Police officer. The officer entered the bank, pointed his gun at the robber, and ordered him to freeze. In response, it is alleged that Rosado faced the officer, pointed his gun in the officer’s direction, and fired one shot. The officer shot back. During the exchange of gunfire, Rosado exited the bank and the officer chased after him on foot.
According to the charging document, as Rosado fled down College Avenue, a bystander, noticing that Rosado was being pursued by a police officer, attempted to tackle Rosado, which caused Rosado to drop his backpack. Rosado kept running, and witnesses eventually lost sight of him.
Upon review of the backpack, law enforcement found a Webley revolver, loaded with four unfired rounds of ammunition, and two cartridge casings, as well as more than $500.
Further investigation, including forensic analysis of the backpack, linked the DNA profile found on the backpack to Rosado. A subsequent review of Rosado’s driver’s license photo matched the images of the robber captured on video surveillance at Middlesex Bank.
According to court records, Rosado has prior felony convictions, such as negligent operation of a motor vehicle, larceny from a person and witness intimidation, and assault by means of a dangerous weapon. Due to these prior convictions, Rosado is prohibited from possessing a firearm or ammunition.
The charge of armed bank robbery provides for a sentence of no greater than 25 years in prison, five years of supervised release and a fine of $250,000; the charge of brandishing and discharging a firearm during a crime of violence provides for a mandatory minimum of seven years to life in prison for brandishing and a mandatory minimum of 10 years to life for discharging, to be served consecutive to any other sentence imposed, and a fine of $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Somerville Police Chief David Fallon made the announcement today. Valuable assistance was provided by the United States Attorney’s Office for the District of Rhode Island and the Providence (R.I.) Police Department. Assistant U.S. Attorney Lindsey E. 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.
Lynn Man Sentenced for Multi-Million Dollar Lottery Ticket ScamRead the Press Release
BOSTON - A Lynn man was sentenced yesterday in federal court in Boston in connection with a “ten-percenting” scheme, in which he purchased millions of dollars’ worth of winning Massachusetts state lottery tickets at a discount in order to help the ticket holders avoid taxes on the winnings.
George Kinslieh, 69, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year of probation. On October 10, 2018, Kinslieh pleaded guilty to one count of filing false tax returns.
Co-conspirator Bhavna Patel was sentenced in May 2019 to one year of probation and ordered to pay a fine of $1,000 after pleading guilty to one count of conspiracy. Co-conspirator Clarance Jones, 80, pleaded guilty in May 2019 to conspiring to commit tax fraud and filing false tax returns and is scheduled to be sentenced on Aug. 13, 2019.
From at least 2013 through 2017, Kinslieh and Patel, who were convenience store owners purchased winning lottery tickets from the ticket holders for cash, at a discount to the value of the tickets, thereby allowing the ticket holders to avoid reporting the winnings on their tax returns – a scheme known as “ten-percenting.” Kinslieh and Patel gave the winning tickets to Jones, who presented them to the Massachusetts State Lottery Commission as his own, and collected the full winnings. Kinslieh did not report to the Internal Revenue Service or pay taxes on the income that he received from the ticket scheme.
United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. The Massachusetts State Lottery Commission provided assistance with the investigation. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit prosecuted the case.
Greenfield Man Charged with Sexual Exploitation of ChildrenRead the Press Release
BOSTON - A Greenfield man was charged in federal court in Springfield yesterday with sexual exploitation of children and receipt of child pornography.
Charles Fox, 44, was charged with one count of sexual exploitation of children and one count of receipt of child pornography. Fox was arrested yesterday and appeared in federal court in Springfield. He was remanded to custody while the Judge takes the matter of detention under advisement.
According to the charging document, Fox induced a minor to engage in sexually explicit conduct for the purpose of producing an image or video of that conduct. It is also alleged that Fox received child pornography.
As a previously-convicted sex offender Fox faces a mandatory minimum sentence of 25 years and up to 50 years in prison, a lifetime of supervised release and a fine of $250,000. The charge of receipt of child pornography, carries a mandatory minimum sentence of 15 years and up to 40 years in prison, a lifetime of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Massachusetts Man Pleads Guilty to IRS Fraud SchemeRead the Press Release
BOSTON – An Illinois man, who previously lived in Massachusetts, pleaded guilty yesterday in federal court in Worcester to charges associated with a wire fraud scheme whereby victims were told they owed money to the Internal Revenue Service (IRS).
Ashokkumar Patel, a/k/a Andy Patel, 30, of Hoffman Estates, Ill., and formerly of Worcester and Plainville, Mass., pleaded guilty to one count of conspiracy to commit wire fraud, two counts of wire fraud and one count of money laundering. Sentencing is scheduled for Sept. 23, 2019. In June 2017, Patel was arrested and charged. He was released from custody on conditions.
From December 2013 to October 2014, Patel was part of a conspiracy whereby victims in the United States were contacted by individuals, primarily in India, and falsely told that they owed money to the IRS. The victims were told that in order to avoid imminent arrest, they had to purchase MoneyPak, or other types of prepaid stored value cards, load thousands of dollars onto the cards, and provide the serial numbers to the callers. After doing so, the victims’ money was quickly transferred to a prepaid debit card, such as Green Dot Debit Cards, which were then used to purchase money orders. Patel was responsible for purchasing the prepaid debit cards, using them to purchase money orders and then depositing the purchased money orders into various bank accounts, including his own.
The charges of conspiracy to commit wire fraud and wire fraud each provide for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. The charge of money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $500,000, or twice the value of the property involved in the transaction. 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 Michelle L. Dineen Jerrett of Lelling’s Worcester Branch Office is prosecuting the case.
Florida Man Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
BOSTON – A Florida man pleaded guilty yesterday in federal court in Boston in connection with the fraudulent abuse of the U.S. Postal Service’s (USPS) Informed Delivery electronic notification system.
Kevens Louis, 26, of Plantation, Fla., pleaded guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft. Sentencing is scheduled for Sept. 26, 2019. Louis and his co-conspirators, Fred Alcius, Lucson Appolon, and Peter Belony were charged with conspiracy to commit wire fraud on April 9, 2019. Co-conspirators Appolon and Louis were arrested on April 16, 2019. Belony was arrested on April 26, 2019 and pleaded guilty on June 14, 2019. Alcius remains a fugitive.
Informed Delivery is a free electronic notification service provided by the USPS that gives residential and P.O. Box customers the ability to digitally preview their incoming mail and manage their packages.
According to the indictment, the defendants accessed victims’ personal identifying information, including names, Social Security numbers, dates of birth, and addresses on the “dark web” and then used the information to open credit cards in the victims’ names. The defendants then subscribed to Informed Delivery using the victims’ personal identifying information and a fraudulent email address created to track the delivery of credit cards to the victims’ residential mailboxes. The defendants subsequently intercepted the credit cards at the victims’ mailboxes before the victims could receive them and used those credit cards at ATMs and to purchase gift cards and other items for resale at Apple and Walmart, among other retail establishments. The defendants traveled to states across the East Coast in furtherance of the fraud, including New Hampshire, Maine, and Massachusetts.
The charge of conspiracy to commit wire fraud carries a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. The charge of aggravated identity theft carries a mandatory minimum sentence of two years in prison, to be served consecutive to any other sentence imposed, 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 Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Valuable assistance was provided by the Federal Bureau of Investigation, Boston Field Office; Homeland Security Investigations in Boston; the Concord, Fort Lauderdale (Fla.), Harvard, Kittery (Maine), Norfolk, Plantation (Fla.), Sherborn, and Weston Police Departments. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Cybercrime Unit is prosecuting the case.
The details contained in the indictment are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Five Dominican Nationals Arrested for Identity TheftRead the Press Release
BOSTON – Five Dominican nationals were charged in federal court in Boston as a result of a federal investigation targeting offenders of document and benefit fraud. The defendants have allegedly used the identities of U.S. Citizens from Puerto Rico as their own. All five defendants have been previously arrested on drug charges under the names of the victims whose identities they have stolen.
The following individuals have each been charged with aggravated identity theft and false representation of a Social Security number:
- Jesus Ernesto Barbosa Pimental, 54, a Dominican national residing in South Boston. According to court records, Barbosa Pimental obtained a Massachusetts identity card in the name of a U.S. citizen.
- Edward Obispo Garcia, 38, a Dominican national residing in Roxbury. It is alleged that Obispo Garcia obtained a Massachusetts driver’s license in the name of a U.S. citizen.
- Juan Jose Heureaux Carmona, 27, a Dominican national residing in Roxbury. It is alleged that Heureaux Carmona obtained a Massachusetts ID card in the name of a U.S. citizen.
- Jose Narciso Rosario Maria, 47, a Dominican national residing in Boston. According to court documents, Rosario Maria obtained a Massachusetts driver’s license in the name of a U.S. citizen.
- Jesus Alberto Baez Pimental, 37, a Dominican national residing in Fitchburg. It is alleged that Baez Pimental obtained a Massachusetts driver’s license in the name of a U.S. citizen, and MassHealth records reflect an application for health benefits under this same name.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
The DBFTF is currently investigating suspected aliens who are believed to have obtained stolen identities of United States citizens born in Puerto Rico. The DBFTF has investigated individuals who have used stolen identities to obtain public benefits which they would not otherwise be eligible to receive, including Massachusetts Registry of Motor Vehicles identity documents, Social Security numbers, MassHealth benefits, public housing benefits, and/or unemployment benefits.
In July 2018, a DBFTF-led investigation resulted in the arrests of 25 individuals on charges of identity theft and Social Security fraud, and in April 2019, a separate DBFTF-led investigation resulted in 11 additional arrests.
The charge of aggravated identity theft carries a mandatory two-year prison sentence that must run consecutively to any other sentence imposed, up to one year of supervised release, and a fine of up to $250,000. False representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. 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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Phillip M. Coyne, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General, made the announcement today. Valuable assistance was provided by the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; U.S. Department of Labor, Office of Inspector General, Office of Investigations; U.S. Department of State, Diplomatic Security Service, Boston Field Office; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Boston; U.S. Citizenship and Immigration Services, District 1; HSI Country Attaché Santo Domingo, Dominican Republic; HSI Santo Domingo Transnational Criminal Investigative Unit; and the Massachusetts State Police. Assistant U.S. Attorney David Tobin and Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit are prosecuting the cases.
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.
Department of Corrections Nurse Pleads Guilty to Drug ChargesRead the Press Release
BOSTON – A nurse at the Department of Correction’s Massachusetts Alcohol and Substance Abuse Center (MASAC) in Plymouth pleaded guilty today in federal court in Boston to distributing Suboxone pills to inmates in that facility.
Julie Inglis-Somers, 39, of Kingston, Mass., pleaded guilty to distribution of a controlled substance. U.S. District Court Judge Indira Talwani scheduled sentencing for Oct. 24, 2019. In December 2018, Inglis-Somers was charged by criminal complaint and arrested in Jacksonville, Fla. after fleeing the District of Massachusetts. She was indicted in January 2019.
On or about Nov. 18, 2018, and Dec. 4, 2018, Inglis-Somers provided Suboxone strips and pills to two inmates at MASAC. Suboxone, a Class III controlled substance used to treat heroin addiction, is sometimes misused to get high. Suboxone is a coveted contraband in prisons across the nation and is particularly popular in New England.
MASAC is one of five facilities in Massachusetts where, under Massachusetts General Laws, a state court judge can send a person who the judge has determined to be a danger to themselves or to others due to substance abuse. MASAC is the only such facility overseen by the Massachusetts Department of Corrections.
The charge of distribution of a controlled substance provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $500,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. The FBI Jacksonville (FL) Field Division and the Suwannee County (FL) Sheriff’s Office provided assistance with the arrest. Assistant U.S. Attorney Eugenia M. Carris of Lelling’s Public Corruption and Special Prosecutions Unit is prosecuting the case.
California Man Charged with Illegally Exporting Cesium Atomic Clocks to Hong KongRead the Press Release
BOSTON – A California man was arrested and charged in an indictment unsealed today in federal court in Boston with illegally exporting cesium atomic clocks to Hong Kong.
Alex Yun Cheong Yue, 67, of South El Monte, Calif., was indicted on one count of conspiracy to commit export violations, two counts of unlawful exports and attempted exports of U.S. goods to Hong Kong, and one count of smuggling. Yue will appear this afternoon in federal court in Los Angeles. Wai Kay Victor Zee, 56, of Hong Kong, along with his company, Premium Tech Systems, Limited were also charged. The two defendants remain at large in Hong Kong Special Administrative Region of the People’s Republic of China.
According to the charging document, beginning in December 2015, Yue, Zee, and Premium Tech conspired to procure U.S.-origin cesium atomic clocks and export them to Hong Kong without obtaining the required export licenses. Cesium atomic clocks are used in global positioning system solutions, network timing protocols, encryption programs, and national defense and space applications. They are controlled for export by the U.S. Department of Commerce for national security and anti-terrorism reasons.
To obtain the atomic clocks, Yue allegedly used a fictitious company, “Ecycle Tech International Ltd.,” to purchase them by falsely representing to the U.S. seller that the atomic clocks would be used solely in the United States for cordless phone research and development. Based on Yue’s false representations, the U.S. seller sold the cesium atomic clocks to Ecycle. On Feb. 19, 2016, the atomic clocks shipped from the manufacturing facility in Beverly, Mass., to Yue in California. Three days later, on Feb. 22, 2016, Yue reshipped the controlled cesium atomic clocks to Zee at Premium Tech in Hong Kong. Neither Yue, Zee, nor Premium Tech ever applied for or obtained the required export licenses from the U.S. Department of Commerce. On Feb. 24, 2016, Zee confirmed receipt of the cesium atomic clocks in Hong Kong.
In December 2017, Yue allegedly attempted to purchase an additional cesium atomic clock. Prior to the sale, however, the U.S. seller required Yue to provide an end-user statement detailing where and for what the clocks would be used. In April 2018, Yue sent an end-user certificate on Ecycle letterhead stating that the atomic clocks would be used in a calibration lab in California. It is alleged that in response to further inquiries from the U.S. seller, Yue falsely declared that he was not intending to export the cesium atomic clocks. When the U.S. seller insisted on a site visit to the California location where the atomic clocks would be utilized, Yue abruptly canceled the order. On July 13, 2018, Yue received a refund payment from the U.S. seller. Three days later, on July 16, 2018, Yue sent a wire transfer to Premium Tech’s bank account in Hong Kong with the refunded money.
The charge of conspiring to commit export violations and unlawfully exporting and attempting to export U.S. goods provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. The charge of smuggling goods from the United States provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling; William Higgins, Acting Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security 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.
Brockton Man Indicted for Federal Drug OffensesRead the Press Release
BOSTON – A Brockton man was charged in federal court in Boston yesterday with distributing fentanyl and cocaine.
Rayshawn DaCruz, 23, was indicted on four counts of distribution of a controlled substance. DaCruz was arrested and charged in May 2019 in Brockton.
According to charging documents, on April 4, April 16, May 2, and May 6, 2019, DaCruz distributed various amounts of fentanyl and cocaine to an undercover police officer.
Each charge of distribution of a controlled substance provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Division; Plymouth County District Attorney Timothy J. Cruz; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Long Term Care Pharmacy Settles Improper Dispensing and Recordkeeping AllegationsRead the Press Release
BOSTON – The U.S. Attorney’s Office reached a $75,000 civil settlement today with Preferred Pharmacy Solutions, LLC (PPS), a Haverhill long-term care pharmacy, in connection with the improper dispensing of controlled substances and flawed recordkeeping.
“Whether they are retail, mail order, or long-term care pharmacies like this one, we will strictly enforce regulatory requirements for storing and dispensing controlled substances because of the potential for abuse,” said United States Attorney Andrew E. Lelling. “Among other things, enforcement in this area limits opportunities for pharmacy employees to steal medication, which in turn prevents diversion, keeping both patients and the public safer.”
“DEA registrants are responsible to handle controlled substances and ensure that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substance Act,” said DEA Special Agent in Charge Brian D. Boyle. “Failure to do so increases the potential for diversion and jeopardizes the public health and safety. Today’s settlement demonstrates DEA’s pledge to work with our law enforcement and regulatory partners in Massachusetts to ensure that these rules and regulations are followed.”
According to the settlement, DEA conducted an audit of several drugs maintained by PPS at its Haverhill location. The government’s audit revealed discrepancies for six controlled substances, including fentanyl. In addition, PPS failed to disclose on its DEA registration renewal form that its part owner, Norman Mason, previously had his pharmacy license and DEA registration revoked. The government contends that PPS violated other recordkeeping requirements, such as failing to obtain a hard copy prescription after filling a phone order for controlled substances, filling prescriptions for controlled substances with an incorrect or inaccurate DEA registration number, and storing records off-site without the permission of DEA.
PPS cooperated with the DEA’s investigation and has agreed to implement a corrective action plan to come into compliance with the recordkeeping requirements of the Controlled Substance Act. PPS also agreed to permit the DEA to perform inspections of the pharmacy during the next three years without a warrant.
U.S. Attorney Lelling and DEA SAC Boyle made the announcement today. Assistant U.S. Attorney Jessica Driscoll of Lelling’s Civil Division handled the case.
Boston Man Indicted for Firearm PossessionRead the Press Release
BOSTON – A Boston man was charged in federal court in Boston with being a felon in possession of a firearm and ammunition.
Christian Teixeira, 33, was indicted today on one count of being a felon in possession of a firearm and ammunition.
According to charging documents, on May 2, 2019, while in Fall River, Teixeira was found in possession of a KAHR PM9, 9mm semi-automatic handgun, and 26 rounds of 9mm ammunition. Teixeira has a prior felony conviction that prohibits him from possessing firearms or ammunition.
The charge of being a felon in possession of a firearm and ammunition provides a sentence of no greater than 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; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Bristol County District Attorney Thomas M. Quinn; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Fall River Police Chief Albert Dupere made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Salvadoran National Pleads Guilty to Passport FraudRead the Press Release
BOSTON – A Salvadoran national pleaded guilty in federal court in Worcester yesterday to passport fraud.
Neemias Pacheco-Santamaria, 33, a Salvadoran national residing in Worcester, pleaded guilty to one count of passport fraud. U.S. District Court Judge Timothy S. Hillman deferred acceptance of the plea until sentencing, which is scheduled for Sept. 16, 2019. Pacheco-Santamaria was arrested and charged in February 2019 and has been detained since.
In July 2018, Pacheco-Santamaria entered a Worcester Post Office and falsely used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a United States Passport.
The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Pacheco-Santamaria will be subject to deportation proceedings upon completion of his sentence. 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, Bureau of Diplomatic Security, Boston Field Office, made the announcement. Assistant U.S. Attorney Kristen M. Noto of Lelling’s Worcester Branch Office is prosecuting the case.
Randolph Gang Member Sentenced for Dealing FentanylRead the Press Release
BOSTON – A Randolph man was sentenced yesterday in federal court in Boston for distributing fentanyl.
Giovany Fouyolle, 24, was sentenced by U.S. District Court Judge William G. Young to 75 months in prison, four years of supervised release, during which time Fouyolle is prohibited from being in contact with gang members and associates, and ordered to pay forfeiture of $10,500. In March 2019, Fouyolle pleaded guilty to distribution of more than 40 grams of fentanyl.
This case was part of Operation Cut the Kings. During the investigation, an undercover federal agent purchased fentanyl from Fouyolle in Stoughton in July 2018. The investigation revealed that Fouyolle was a founder and leader of the No Fear Ones street gang in Randolph.
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; 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; Randolph Police Chief William Pace; Stoughton Police Chief Donna M. McNamara; and Canton Police Chief Kenneth Berkowitz, made the announcement today. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Lynn Man Sentenced for Distributing Heroin and FentanylRead the Press Release
BOSTON – A Lynn man was sentenced today in federal court in Boston for multiple drug convictions associated with his distribution of heroin and fentanyl that led to the 2017 overdose death of a Melrose resident.
Yeffry Reynoso, a/k/a Chris, 27, was sentenced by U.S. District Judge Nathaniel M. Gorton to 150 months in prison and four years of supervised release. In January 2019, Reynoso pleaded guilty to one count of conspiring to distribute at least 100 grams of heroin and at least 40 grams of fentanyl in 2016 and 2017. Reynoso also pleaded guilty to six counts of distributing heroin or fentanyl on various dates in 2017.
According to court documents, Reynoso admitted that he sold and directed others to sell on his behalf small, retail quantities (typically approximately .25 to .30 grams in a plastic baggie) of heroin, heroin mixed with fentanyl, and/or fentanyl to individuals in Lynn, Melrose, Saugus, Peabody, Malden, and the surrounding areas. Reynoso admitted that he sold the drugs to his customers on an almost daily basis and that he directed others who worked for him to deliver the drugs. Reynoso further admitted that he sold heroin and heroin mixed with fentanyl to a customer in Melrose after being told by her friend not to do so and that his customer fatally overdosed from the drugs he provided.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Melrose Police Chief Michael Lyle made the announcement today. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Holyoke Man Sentenced for Threatening to Kill A Federal ProsecutorRead the Press Release
BOSTON - A Holyoke man was sentenced today in federal court in Boston for threatening to murder a federal prosecutor.
Carlos Maldonado, 30, was sentenced by U.S. District Court Judge Denise J. Casper to 50 months in prison, 30 months to be served concurrent to a federal sentence he is currently serving, and 20 months to be served consecutively, and three years of supervised release. The government recommended a sentence of 84 months to be served consecutively.
U.S. Attorney Andrew E. Lelling said, “Anyone who threatens a federal prosecutor will be aggressively prosecuted. Threats against prosecutors - like threats against judges, defense attorneys, or other actors in the court system - are an attack on the criminal justice system itself, and so we will never let them stand.”
“Threatening anyone in the law enforcement family, whether it be a police officer, Special Agent, analyst or prosecutor, is not only an attack on an individual but the entire criminal justice system,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office. “The FBI takes all threats against law enforcement extremely seriously and we will work with our partners to bring those who set out to undermine their safety to justice.”
“The United States Marshals Service will not tolerate anyone who threatens any of our protectees to include members of the United States Attorney’s Office,” said United States Marshal John Gibbons of the District of Massachusetts. “Our office is committed to the integrity and preservation of the judicial process and we will continue to vigorously investigate such threats.”
In May 2019, Maldonado pleaded guilty to threatening to murder an Assistant U.S. Attorney in retaliation for the federal prosecutor’s performance of his official duties. Maldonado was charged on April 26, 2019. Maldonado admitted that, in March 2018, he had written and sent a letter from a federal detention facility, where he was awaiting trial on federal charges for cocaine distribution, to the federal prosecutor responsible for prosecuting the charges against him. In that letter, Maldonado threatened to murder the Assistant U.S. Attorney, as well as the prosecutor’s family.
Maldonado is presently serving a 42-month federal sentence, a compilation of a 30-month sentence for cocaine distribution in 2016, and a consecutive 12-month sentence for his violation of supervised release conditions related to a prior conviction for distributing heroin in 2014.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office prosecuted the case.
Dominican National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Luis Marcial Peguero-Espinal, 38, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 57 months in prison and will be subject to deportation upon completion of his sentence. In March 2019, Peguero-Espinal pleaded guilty to one count of illegal reentry of a deported alien.
On May 23, 2018, law enforcement officers encountered Peguero-Espinal and determined him to be unlawfully present in the United States. Peguero-Espinal was previously deported on June 16, 2011, and Sept. 19, 2017.
United States Attorney Andrew E. Lelling and Charles D. Marcos , Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Criminal Division prosecuted the case.
Charlestown Man Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A Charlestown man pleaded guilty yesterday in federal court in Boston to distributing fentanyl out of an apartment in Chelsea.
Cruz Villar, 32, pleaded guilty to one count of distribution and possession with intent to distribute fentanyl and one count of possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 16, 2019.
On June 22, 2018, Villar was observed by law enforcement in a hand-to-hand sale of fentanyl to a customer in a parking lot in Dorchester. After the sale, agents recovered approximately 11 grams of fentanyl from the customer and approximately $1,446 in cash from Villar. A subsequent search of an apartment in Chelsea that Villar had been renting—but in which he had not been residing— resulted in the recovery of approximately 87.4 additional grams of fentanyl, along with components of a drug press, a digital scale, two blenders, bottles of a cutting agent, and packaging materials, including plastic wrap and plastic baggies. In addition, Villar made regular trips from the Chelsea apartment to an address in Mashpee in a manner consistent with the distribution of narcotics.
The charge of distribution and possession with intent to distribute fentanyl provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Assistant U.S. Attorney Brian A. Pérez‑Daple of Lelling’s Criminal Division is prosecuting the case.
Brockton Man Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – A Brockton man pleaded guilty today in federal court in Boston to cocaine distribution.
Chad Benjamin, a/k/a “Life,” 41, pleaded guilty to distribution of 28 grams or more of cocaine base, a/k/a crack cocaine. U.S. District Court Judge Indira Talwani scheduled sentencing for Oct. 9, 2019.
Benjamin was responsible for distributing approximately 53 grams of cocaine base in June 2018.
This case was part of Operation Landshark, a federal investigation that targeted impact players and repeat offenders in Brockton and Boston, each of whom had prior convictions for acts of violence, firearm offenses, and/or drug trafficking. It is alleged that many of the Operation Landshark targets are among the top 30 criminal offenders responsible for violent acts and firearms in Brockton.
The charge of distribution of 28 grams or more of cocaine base provides for a minimum of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a $5 million fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; 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 Rachael Rollins; Boston Police Commissioner William G. Gross; and Brockton Police Chief John Crowley made the announcement. 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. The case is being prosecuted by Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit.
Operation Landshark is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Retired Massachusetts State Trooper Sentenced in Overtime Abuse InvestigationRead the Press Release
BOSTON – A retired Massachusetts State Police Trooper was sentenced today in connection with collecting over $29,000 in overtime pay that he did not work.
Paul Cesan, 51, of Southwick, was sentenced by U.S. District Court Judge Douglas P. Woodlock to one day in prison (deemed served), one year of supervised release, a fine of $5,500 and restitution in the amount of $29,287. In November 2018, Cesan pleaded guilty to one count of embezzlement from an agency receiving federal funds.
Cesan was a Massachusetts State Police (MSP) Trooper assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. In 2016, Cesan earned $163,533, which included approximately $50,866 in overtime pay. Cesan was paid for overtime shifts that he did not work at all or from which he left early. Cesan concealed his fraud by submitting fraudulent citations designed to create the appearance that he had worked overtime hours that he did not actually work. He falsely claimed in MSP paperwork and payroll entries that he had worked the entirety of his overtime shifts. Cesan admitted collecting $29,287 for overtime hours that he did not work in 2016.
The overtime in question involved the Accident and Injury Reduction Effort program (AIRE) and the “X-Team” initiative, which were intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers who were to target vehicles traveling at excessive speeds.
In 2016, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.
Cesan is the seventh trooper to be sentenced. Last week, former trooper Gary Herman was sentenced to one day in prison (deemed served), one year of supervised release with the first three months to be served in home confinement and restitution of $12,468; in June 2019, retired Lieutenant David Wilson was sentenced to one day in prison (deemed served), two years of supervised release with the first six months to be served in home detention, and restitution of $12,450; suspended Trooper Heath McAuliffe was sentenced to one day in prison (deemed served), one year of supervised release with the first six months to be served in home detention, a fine of $4,000, and restitution of $7,860; in May 2019, suspended Trooper Kevin Sweeney was sentenced to two months in prison, one year of supervised release with the first three months to be served in home detention, a fine of $4,000, and restitution of $11,103; in March 2019, former Trooper Gregory Raftery was sentenced to 90 days in prison, one year of supervised release, and restitution of $51,377; suspended Trooper Eric Chin was sentenced to one day in prison (deemed served), one year of supervised release with three months to be served in home detention, and restitution of $7,125; and retired Trooper Daren DeJong has pleaded guilty and is awaiting sentencing.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Douglas Shoemaker, Special Agent in Charge of the U.S. Department of Transportation’s Office of Inspector General, made the announcement today. Assistant U.S. Attorneys Dustin Chao and Mark Grady of Lelling’s Public Corruption Unit prosecuted the case.
Hyannis Woman Sentenced for Smuggling CocaineRead the Press Release
BOSTON – A Hyannis woman was sentenced today to time served for her role in a cocaine smuggling conspiracy.
Cristina M. Delle Femine, 29, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (three weeks) and three years of supervised release. The government recommended 12 months incarceration. In February 2019, Delle Femine pleaded guilty to one count of conspiring to import cocaine and one count of conspiring to possess with intent to distribute cocaine. Delle Femine was arrested in Maine on Oct. 23, 2017, and appeared in federal court in Springfield later that month.
Around May 2017, Delle Femine conspired to import cocaine into the United States from Jamaica and conspired to possess with the intent to distribute cocaine. Delle Femine recruited another individual to travel with her to Jamaica and paid for the individual’s flights and hotel. When in Jamaica, Delle Femine convinced her recruit to ingest and insert vaginally individually wrapped packets of cocaine to smuggle into the United States. Delle Femine also smuggled cocaine by carrying it within her body. Once in the United States, the individual Delle Femine recruited had trouble passing the cocaine packets through her system and was rushed to the hospital to have the packets surgically removed.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office prosecuted the case.
Sharon Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
BOSTON – A Sharon woman pleaded guilty yesterday in federal court in Boston to stealing Social Security benefits intended for her children.
Stacey Orlando, 59, pleaded guilty to two counts of theft of public funds. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Sept. 18, 2019. Orlando was charged and arrested in May 2018.
From May 2011 through October 2013, Orlando stole Social Security benefits that were paid to her on behalf of her two children. The Government alleges that Orlando stole approximately $35,716 in benefits.
The charge of theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Parent in College Admissions Case Pleads GuiltyRead the Press Release
BOSTON – A California man pleaded guilty in federal court in Boston in connection with paying bribes to facilitate the admission of his children to the University of Southern California as purported athletic recruits.
Toby Macfarlane, 56, of Del Mar, Calif., a former senior executive at a title insurance company, pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Nov. 13, 2019.
According to court documents, Macfarlane agreed to pay Rick Singer $450,000 to participate in the college recruitment scheme for his children. According to the terms of the plea agreement, the government will recommend a sentence of 15 months in prison, one year of supervised release, a fine of $95,000, restitution and forfeiture.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. 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.
Louisiana Teacher Sentenced to 135 Months in Prison for Child EnticementRead the Press Release
BOSTON - A Louisiana teacher was sentenced today in federal court in Boston for child enticement related offenses.
Logan Procell, 25, was sentenced by U.S. District Court Judge Denise J. Casper to 135 months in prison and five years of supervised release. In February 2019, Procell pleaded guilty to one count of coercion and enticement of a minor and one count of transfer of obscene material to a minor. Procell was indicted in October 2017 and has been in custody since.
Procell first contacted an 11-year-old Massachusetts girl via Snapchat after seeing her on a different online application that allows users to publish videos in real time. After obtaining her phone number, Procell began communicating with her by text. The child’s parent discovered approximately one month’s worth of their communications in September 2017. The exchange of more than 1600 messages contained sexually explicit images and messages sent by Procell to the child, including pictures of his genitals, requests for her to send him pornographic images of herself, and discussions about meeting her to have sex. At the time of the offense, Procell was a chemistry teacher at a high school in Noble, La.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Valuable assistance was provided by the Louisiana State Police and the Waltham Police Department. Assistant U.S. Attorneys Anne Paruti and Mackenzie Queenin prosecuted the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Gloucester Man Pleads Guilty to Bank RobberyRead the Press Release
BOSTON - A Gloucester man pleaded guilty yesterday in federal court in Boston to bank robbery.
Michael Robinson, 40, pleaded guilty to one count of bank robbery before U.S. District Court Judge William G. Young, who scheduled sentencing for Sept. 24, 2019.
On Nov. 19, 2018, a man, later identified as Robinson, entered the Institution for Savings Bank branch in Gloucester, walked up to the teller counter, passed a handwritten note to the teller, and stole $2,650. Within minutes of the robbery, local police responded to the bank. They reviewed bank surveillance footage and recognized Robinson as the robber. Police also matched bank surveillance footage of Robinson to a recent Facebook photograph Robinson posted the previous weekend. In that Facebook photo, Robinson was wearing the same clothing he wore when he robbed the bank. The investigation also revealed possible locations where Robinson might be, and, only a few hours after the robbery, police apprehended Robinson on a bus in another city.
The charge provides for a sentence of no greater than 20 years in prison, up to five years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the United States Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Gloucester Police Chief Edward G. Conley made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit is prosecuting the case.
Dominican National Sentenced for Aggravated Identity Theft and Stealing Government BenefitsRead the Press Release
BOSTON – A Dominican national was sentenced in federal court in Boston yesterday for identity theft, aggravated identity theft, theft of public money, and illegally reentering the United States after being deported.
Isidro Viscaino-Soto, a/k/a Ysidro Vizcaino, 59, a Dominican national residing in Boston, was sentenced by U.S. District Court Judge Patti B. Saris to two years and one day in prison and two years of supervised release. Viscaino-Soto will be subject to deportation proceedings upon completion of his sentence. In March 2019, Viscaino-Soto pleaded guilty to one count of identity theft, one count of aggravated identity theft, one count of theft of public money, and one count of illegal reentry of a deported alien. Viscaino-Soto was arrested and charged by complaint on April 17, 2018, and has been in custody since.
Law enforcement officers in Boston discovered Viscaino-Soto on April 12, 2018, and determined him to be illegally present in the United States. Viscaino-Soto was previously deported on July 31, 2000, after receiving a drug conviction. In addition, Viscaino-Soto used the Social Security number of a U.S. citizen from Puerto Rico in order to receive disability insurance, and in so doing, stole approximately $9,000 in federally-funded MassHealth benefits.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts, made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.
Dominican National Charged with Identity TheftRead the Press Release
BOSTON – A Dominican national was arrested today in connection with using the identity of a U.S. citizen.
Wandil Mejia Jimenez, 30, a Dominican national residing in Dorchester, was indicted on one count of false representation of a Social Security number and one count of aggravated identity theft. Jimenez will appear in federal court in Boston later today.
According to the indictment unsealed today, in 2014, Mejia Jimenez fraudulently used a Social Security number that was not his when applying for a driver’s license with the Massachusetts Registry of Motor Vehicles.
The charge of false representation of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, one year of supervised release and a fine of $250,000. Jimenez will be subject to deportation 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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Valuable assistance was provided by the United States Marshals Service for the District of Massachusetts. Assistant U.S. Attorney Bill Abely, Deputy Chief of Lelling’s Major Crimes Unit, is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brazilian National Indicted for Firearm TraffickingRead the Press Release
BOSTON – A Brazilian national, who resides in Malden, was charged in federal court in Boston yesterday with immigration and firearms crimes.
Vanderlei Rodrigues DeAraujo, a/k/a Neneco, 43, was indicted on one count of dealing in firearms without a license, two counts of alien in possession of a firearm and ammunition, and one count of illegal reentry of a previously deported alien. DeAraujo will be arraigned in federal court in Boston at a later date.
According to the indictment, DeAraujo possessed and subsequently sold firearms and ammunition on two occasions: on Sept. 6, 2018, and Jan. 28, 2019. At the time of the firearm sales, DeAraujo was unlawfully present in the United States, having been previously deported to Brazil on Aug. 18, 2011, and returning to the United States illegally sometime thereafter.
The charge of engaging in the business of dealing in firearms without a license carries a sentence of no greater than five years in prison, up to three years of supervised release, and a fine of up to $250,000. The charge of being an alien in possession of firearm and ammunition carries a sentence of no greater than 10 years in prison, three years supervised release, and a fine of up to $250,000. The charge of unlawful reentry of a previously deported alien carries a sentence of no greater than two years in prison, up to one year of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office, made announcement today. Valuable assistance was provided by Homeland Security Investigations in Boston, the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division and the Malden Police Department. Assistant U.S. Attorney Lindsey Weinstein of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Agawam Man Pleads Guilty to Cocaine ConspiracyRead the Press Release
BOSTON - An Agawam man pleaded guilty yesterday in federal court in Boston to his role in a cocaine conspiracy.
Lawon Baulkman, 37, pleaded guilty to one count of conspiracy to distribute 500 grams or more of cocaine. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 16, 2019.
Baulkman conspired with co-defendant David Cruz and others to process and distribute cocaine. According to court documents, Cruz obtained the cocaine from sources in Mexico and arranged for the cocaine to be transported to the Springfield area via concealed compartments in a Nissan Juke. Cruz has pleaded guilty to cocaine and firearms offenses and is awaiting sentencing in federal court in Worcester.
Baulkman faces at least five years and no more than 40 years in prison, a minimum of four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Valuable assistance was provided by the Internal Revenue Service Criminal Investigation’s in Boston and the Westfield Police Department. Assistant U.S. Attorneys Katharine A. Wagner of Lelling’s Springfield Office and Evan J. Gotlob of Lelling’s Boston Office are prosecuting the case.
Two Businessmen Convicted of International Bribery OffensesRead the Press Release
A federal jury in Boston found the chairman and CEO of an investment firm and a member of the investment firm’s board of directors guilty today for their participation in a scheme to bribe officials of the Republic of Haiti in exchange for business advantages for the investment firm.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Andrew Lelling of the District of Massachusetts and Special Agent in Charge Joseph R. Bonavolonta of the FBI’s Boston Field Office made the announcement.
Roger Richard Boncy, 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain, and Joseph Baptiste, DDS, 66, of Fulton, Maryland, were found guilty after a two-week jury trial before U.S. District Judge Allison D. Burroughs of the District of Massachusetts of one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and the Travel Act. Baptiste was also convicted of one count of violating the Travel Act and one count of conspiracy to commit money laundering. Boncy and Baptiste are scheduled to be sentenced by Judge Burroughs on Sept. 12, 2019.
“Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there,” said Assistant Attorney General Benczkowski. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”
“Bribery of public officials corrodes public trust and victimizes the public these officials are supposed to serve,” said U.S. Attorney Andrew E. Lelling. “We will continue to target Americans who try to bribe foreign public officials for business advantage.”
“Mr. Baptiste and Mr. Boncy had no problem soliciting bribes to funnel to senior government officials in Haiti through blatantly illegal means,” said Special Agent in Charge Bonavolonta. “Every dirty dollar they were trying to secure undermines those who are trying to conduct business lawfully. Cases like this only fuel the FBI’s commitment to tackling corruption, and today’s guilty verdict ensures that both of them will be held accountable for their actions.”
According to evidence presented at trial, Boncy and Baptiste solicited bribes from undercover FBI agents posing as potential investors in connection with a proposed project to develop a port in the Mȏle St. Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of a cement factories in its first phase, with subsequent phases having a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Boncy and Baptiste told the agents that, in order to secure Haitian government approval of the project, they would funnel the bribes to Haitian officials through a non-profit entity that Baptiste controlled, which was based in Maryland and purported to help impoverished residents of Haiti. In intercepted telephone calls played during trial, Boncy and Baptiste discussed bribing an aide to a high-level elected official in Haiti with a job on the port development project, in exchange for the aide’s help in obtaining the elected official’s authorization for the project. Boncy and Baptiste also told the undercover agents that they would hide the bribes through money falsely earmarked for social programs and that they would bribes officials at all levels of the Haitian government.
The FBI’s Boston Field Office and International Corruption Unit investigated the case. Trial Attorney Elina Rubin-Smith of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kriss Basil of the District of Massachusetts are prosecuting the case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Springfield Man Pleads Guilty to Heroin ConspiracyRead the Press Release
BOSTON – A Springfield man pleaded guilty yesterday in federal court in Springfield in connection with his role in a large-scale drug conspiracy that trafficked dozens of kilos of heroin and fentanyl into Springfield from Bronx, N.Y., and the Dominican Republic.
Marcos Pena, 31, pleaded guilty to one count of conspiring to distribute and possession with intent to distribute heroin and two counts of distribution of and possession with intent to distribute more than 100 grams of heroin. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 24, 2019.
Pena admitted to his part in the conspiracy, which included, amongst other roles, transporting tens of thousands of dollars at a time to sources of heroin in the Bronx and transporting multiple kilograms of heroin back to Springfield, where the heroin would then be packaged at Springfield-based heroin mills.
Pena also admitted to distributing heroin to a government witness on two separate occasions in February 2016. On Feb. 10, 2016, Pena and co-defendant Alberto Marte sold approximately 125 grams of heroin to the witness. Pena again sold 125 grams of heroin to the same witness on Feb. 24, 2016.
Marte has pleaded not guilty and is awaiting trial.
The charge of conspiracy to distribute heroin provides for a sentence of no greater than 20 years in prison, a minimum of three years of supervised release, and a fine of up to $5 million. Each charge of distribution of more than 100 grams of heroin provides for a mandatory minimum sentence of five years in prison, a minimum of four years of supervised release, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division; Peter C. Fitzhugh, 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; Acting 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 case.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Retired U.S. Army Colonel and Businessman Convicted for Conspiring to Bribe Senior Officials of the Republic of HaitiRead the Press Release
BOSTON – A retired U.S. Army colonel and the chief executive officer of an investment company were convicted today by a federal jury in Boston of conspiring to bribe senior officials of the Republic of Haiti in connection with a planned multi-billion dollar infrastructure project in that country.
Joseph Baptiste, 64, of Fulton, Md., and Roger Richard Boncy, 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain, were convicted of conspiracy to violate the Travel Act and the Foreign Corrupt Practices Act. Baptiste was also convicted of one count of violating the Travel Act and one count of money laundering conspiracy. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Sep. 12, 2019.
“Bribery of public officials corrodes public trust and victimizes the public these officials are supposed to serve,” said U.S. Attorney Andrew E. Lelling. “We will continue to target Americans who try to bribe foreign public officials for business advantage.”
“Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”
“Mr. Baptiste and Mr. Boncy had no problem soliciting bribes to funnel to senior government officials in Haiti through blatantly illegal means,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Every dirty dollar they were trying to secure undermines those who are trying to conduct business lawfully. Cases like this only fuel the FBI’s commitment to tackling corruption, and today’s guilty verdict ensures that both of them will be held accountable for their actions.”
Baptiste and Boncy solicited bribes from undercover agents in Boston who posed as potential investors in infrastructure projects in Haiti in connection with a proposed project to develop a port in the Mole-Saint-Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of multiple cement factories, a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Boncy and Baptiste told the agents that they would funnel the payments to Haitian officials through a non-profit entity that Baptiste controlled – which is based in Maryland and purported to help impoverished residents of Haiti – in order to secure government approval of the project.
In telephone calls intercepted pursuant to a court-authorized wiretap, Boncy and Baptiste discussed bribing an aide to a high-level elected official in Haiti with a job on the port development project in exchange for the aide’s help in obtaining the elected official’s authorization for the project. Boncy and Baptiste also told the undercover agents that they would hide the bribes through money falsely earmarked for social programs and that they would bribe officials at all levels of the Haitian government.
The charges of violating the Travel Act and the Foreign Corrupt Practices Act and conspiracy each provide for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, AAG Benczkowski and FBI Boston SAC Bonavolonta made the announcement. Assistant U.S. Attorney Kriss Basil of Lelling’s Securities and Financial Fraud Unit and Trial Attorney Elina A. Rubin-Smith of the Criminal Division’s Fraud Section are prosecuting the case.
UPDATE: Criminal charges against the defendants, Joseph Baptiste and Roger Boncy, were dismissed in June 2022.