District of Massachusetts

BOSTON – A New Bedford police officer was indicted by a federal grand jury in Boston today on charges of possessing and distributing child pornography.  

Paul Hodson, 42, of Acushnet, was indicted on one count of distribution of child pornography and one count of possession of child pornography. On June 12, 2019, Hodson was arrested and charged by criminal complaint and has been in custody since. An arraignment date has not yet been scheduled. 

Following an investigation into the use of peer-to-peer file sharing networks for the trade of child pornography, a federal search warrant was executed at Hodson’s Acushnet home. Hodson was interviewed on-scene and admitted to using peer-to-peer file sharing software to trade child pornography. In the course of a preliminary on-scene forensic preview of Hodson’s computer, hundreds of child pornography files were recovered, including at least one file that was distributed to undercover law enforcement in the course of the investigation that led to the search warrant. 

The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Massachusetts State Police and the Acushnet Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.

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

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

BOSTON – A former Pittsfield attorney was sentenced yesterday in federal court in Springfield for smuggling $125,000 into the United States from Bermuda.

John Castiglione, 75, was sentenced by U.S. District Court Judge Mark G. Mastroianni to one year of probation and forfeiture of $125,000. On March 22, 2019, Castiglione pleaded guilty to one count of bulk cash smuggling. According to the terms of his plea agreement, Castiglione agreed to resign from the practice of law and to never again seek admission to the bar.

On approximately May 2, 2014, Castiglione attempted to mail two packages containing $60,000 and $65,000 from Bermuda to his residence in Pittsfield, with the intent to evade federal reporting requirements concerning the cash. After law enforcement officers seized the packages in the United States, they interviewed Castiglione, who admitted that he was aware of the federal reporting requirements but had attempted to smuggle the money into the United States because, in part, he did not want to pay any taxes and fees. In addition, Castiglione also provided various contradictory statements regarding the origin of the $125,000, including a false statement that the money might have been owned by a client of his law practice, when he knew that the money actually belonged to his family.

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 Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – A former Massachusetts State Police Trooper was sentenced today in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police (MSP).

Gary Herman, 45, of Chester, was sentenced by U.S. Senior District Court Judge Rya W. Zobel 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 in the amount of $12,468. In October 2018, Herman pleaded guilty to one count of embezzlement from an agency receiving federal funds. 

Herman was an MSP Trooper assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90. In 2016, Herman earned $227,826, which included approximately $63,053 in overtime pay. 

Herman was paid for overtime shifts that he did not work at all or from which he left early. Herman concealed his abuse by submitting fraudulent citations designed to create the appearance that he had worked overtime hours that he had not, and falsely claimed in MSP paperwork and payroll entries that he had worked the entirety of his overtime shifts. On multiple occasions Herman fabricated bogus citations, copying driver information from citations that he had issued months earlier, in order to be paid for overtime that he did not work at all. In 2016, Herman collected $12,468 for overtime that he did not work.              

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.

Herman is the sixth trooper to be sentenced. In June 2019, retired Lieutenant David Wilson was sentenced to one day (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 (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. Retired Troopers Daren DeJong and Paul Cesan have pleaded guilty and are 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.

A former Hadley Police Department Officer was sentenced today in federal court in Springfield, Massachusetts, for using unreasonable force during an arrest and then falsifying a police report of the incident.

Christopher M. Roeder, 50, of Agawam, Massachusetts, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 14 months in prison. In February 2019, after a week-long trial, a federal jury found Roeder guilty of one count of deprivation of rights under color of law and one count of falsification of a document.

Evidence presented at trial established that, on April 3, 2017, Roeder struck an arrestee in the face without legal justification, while the arrestee was seated on a bench in the Hadley Police Department booking area. The strike fractured the arrestee’s nose in multiple places and required surgery to repair. Roeder subsequently attempted to obstruct the investigation into his assault of the arrestee by falsifying his police report describing the incident.

“Law enforcement officers are sworn to uphold and defend the laws of our nation,” said Assistant Attorney General Eric Dreiband. “Roeder abused his power and violated the constitutional rights of an arrestee, eroding the public’s trust in law enforcement. The Department of Justice will continue to hold law enforcement officers accountable for their actions.”

“Officers aren’t only expected to enforce the law in their communities, they are expected to follow it themselves,” said U.S. Attorney Andrew E. Lelling. “In this case, an officer broke a man’s nose for no legitimate purpose and then, in an effort to cover up the attack, falsified official documents about the incident. This behavior is unacceptable in someone entrusted with protecting the public safety.”

“As a police officer sworn to uphold the law, Mr. Roeder’s conduct deliberately abused the authority bestowed upon him, undermining the integrity of our criminal justice system,” said Special Agent in Charge Joseph R. Bonavolanta of the FBI Boston Division. “The overwhelming majority of law enforcement officers perform their duties with dedication and integrity, putting their lives on the line every day to keep our communities safe. This case illustrates the FBI’s commitment and ability to address isolated incidents where officers betray the badge and the public’s trust.”

Assistant Attorney General Dreiband; U.S. Attorney Lelling; and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office and Trial Attorney Timothy Visser of the Department of Justice’s Civil Rights Division prosecuted the case.

BOSTON – A former Hadley Police Department officer was sentenced today in federal court in Springfield for using unreasonable force during an arrest and then falsifying a police report of the incident.

Christopher M. Roeder, 50, of Agawam, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 14 months in prison and one year of supervised release. In February 2019, after a week-long trial, a federal jury found Roeder guilty of one count of deprivation of rights under color of law and one count of falsification of a document.

Evidence presented at trial established that, on April 3, 2017, Roeder struck an arrestee in the face without legal justification, while the arrestee was seated on a bench in the Hadley Police Department booking area. The strike fractured the arrestee’s nose in multiple places and required surgery to repair. Roeder subsequently attempted to obstruct the investigation into his assault of the arrestee by falsifying his police report describing the incident.

“Officers aren’t only expected to enforce the law in their communities, they are expected to follow it themselves,” said U.S. Attorney Andrew E. Lelling. “In this case, an officer broke a man’s nose for no legitimate purpose and then, in an effort to cover up the attack, falsified official documents about the incident. This behavior is unacceptable in someone entrusted with protecting the public safety.”

“Law enforcement officers are sworn to uphold and defend the laws of our nation,” said Assistant Attorney General Eric Dreiband. “Roeder abused his power and violated the constitutional rights of an arrestee, eroding the public’s trust in law enforcement. The Department of Justice will continue to hold law enforcement officers accountable for their actions.”

“As a police officer sworn to uphold the law, Mr. Roeder’s conduct deliberately abused the authority bestowed upon him, undermining the integrity of our criminal justice system,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office. “The overwhelming majority of law enforcement officers perform their duties with dedication and integrity, putting their lives on the line every day to keep our communities safe. This case illustrates the FBI’s commitment and ability to address isolated incidents where officers betray the badge and the public’s trust.”

U.S. Attorney Lelling, Assistant Attorney General Dreiband, and FBI Boston SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla, Chief of Lelling’s Springfield Branch Office, and Trial Attorney Timothy Visser of the Department of Justice’s Civil Rights Division prosecuted the case.

BOSTON – A Dominican national residing in Roxbury with lawful permanent resident status was sentenced today in federal court in Boston for his role in a wide-ranging narcotics trafficking operation that included distributing counterfeit prescription pain pills containing fentanyl throughout Boston and Cape Cod.

Santiago Pena, 51, was sentenced by U.S. District Court Judge William G. Young to two years in prison and five years of supervised release. In December 2017, Pena pleaded guilty to one count of conspiracy to distribute 40 grams or more of fentanyl.

A lengthy wiretap investigation revealed that James Ramirez, an individual charged separately, supplied large-quantities of fentanyl and heroin to Kevin and Alex Fraga, drug dealers on Cape Cod. Ramirez also sold fentanyl pills designed to look like legitimate prescription oxycodone pills. Wiretap intercepts revealed that Ramirez was distributing fentanyl pills in batches of 100 to numerous other drug dealers. Over 2,500 fentanyl pills were recovered as a result of Ramirez’s arrest in late August.

Pena brokered fentanyl pill deals on Ramirez’s behalf, helping to connect Ramirez with a fentanyl pill supplier. On multiple occasions, Ramirez traded used cars for a combination of cash and fentanyl pills in deals that Pena helped arrange.

Alex Fraga pleaded guilty in August 2017, and was sentenced on June 10, 2019, to 131 months in prison. Kevin Fraga and Ramirez pleaded guilty and are scheduled to be sentenced on Aug. 8, 2019, and Oct. 1, 2019, respectively.

United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. Assistance was provided by the Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department. Assistant U.S. Attorneys Alathea Porter and Philip Cheng of Lelling’s Narcotics and Money Laundering Unit are prosecuting the cases.

BOSTON – A Dominican national residing in Lawrence was sentenced yesterday in federal court in Boston for distributing a mixture of fentanyl and heroin. 

Jorge Aguasvivas, 39, was sentenced by U.S. District Court Judge Indira Talwani to 78 months in prison and four years of supervised release. The defendant will be subject to deportation upon completion of his sentence. In March 2019, Aguasvivas pleaded guilty to one count of distribution of 40 grams or more of fentanyl and 100 grams or more of heroin.

On Aug. 2, 2018, during a joint federal and state law enforcement operation in Lawrence, Aguasvivas delivered 139 grams of a substance containing a mixture of fentanyl and heroin to an undercover agent. Agents arrested Aguasvivas immediately after the drug delivery.  

United States Attorney Andrew Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Massachusetts Attorney General Maura Healey; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Brazilian national pleaded guilty today in connection with sending a letter to U.S. Citizenship and Immigration Services (USCIS) that threatened an armed attack on a South Boston school in 2018. 

Clebio P. De Lima, 43, a Brazilian national previously residing in Quincy, pleaded guilty to two counts of making false statements to federal authorities. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for July 31, 2019.

In February 2018, USCIS’ Boston Office received an unsigned letter handwritten in Portuguese stating that an individual identified by the name of “Mario” was going to carry out an attack at a South Boston school. The letter stated that Mario had purchased two firearms and that he was looking to buy more. The letter concluded by stating, “I invite you to take action, I trust in you. Thank you for the great security of this country.” 

Following an investigation, it was determined that the allegations in the letter were false, and that De Lima sent the letter to USCIS hoping that the federal government would arrest his ex-wife’s boyfriend. During a subsequent interview with federal law enforcement agents in September 2018, De Lima falsely denied any knowledge about the unsigned letter sent to USCIS. 

The charging statute provides for a sentence of no greater than five years in prison, one year 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Peter C. Fitzhugh, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today.  The case was investigated by the FBI Boston Joint Terrorism Task Force. Assistant U.S. Attorney George P. Varghese of Lelling’s National Security Unit is prosecuting the case.

BOSTON – A Beverly man pleaded guilty today to sending nine letters, one of which contained a white powder the defendant described as anthrax and another containing a red substance he described as blood infected with the AIDS virus, to the online dating website OkCupid.com.

Liam MacLeod, 47, pleaded guilty to two counts of mailing threatening communications and two counts of conveying false information and hoaxes. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Sept. 18, 2019.

Between September and December 2017, OkCupid’s corporate headquarters in Dallas, Texas, received nine mailings containing either threatening communications and/or suspicious substances. All of the mailings were addressed to OkCupid’s Chief Executive Officer (CEO).

On or about Sept. 12, 2017, MacLeod mailed an envelope addressed to OkCupid’s CEO in Dallas containing a suspicious white powder, along with a handwritten letter with the following text:

Greetings from Beverly

Ban me will ya

Welcome to the wonderful world of ANTHRAX

Expect a package within the next couple of days

It won’t be ticking but it should be interesting!

MacLeod mailed another envelope on or about Sept. 14, 2017 addressed to OkCupid’s CEO in Dallas containing a typewritten letter with the following message, amongst other text:

How’d you like what I sent you?  Aww, go take a powder. Oh, the things I have in store for you!  I can go on like this for years. How long can you last?

Incidentally, my father was an angel: That’s Hell’s

Angel to you.  You see, we have some pull.  Take for

example your vehicles.  We now know who owns

what, and where each of you parks his.

Hmm, think of the possibilities!

A third envelope was sent by MacLeod on or about Sept. 20, 2017 to OkCupid’s CEO in Dallas. The envelope and the single piece of white paper it contained each had significant red-brown staining consistent with blood. The next day, MacLeod mailed another letter addressed to OkCupid’s CEO containing a typewritten letter wherein MacLeod indicated that the red-brown staining on the previous letter was blood infected with the AIDS virus.

Between Oct. 4, 2017 and Dec. 21, 2017, MacLeod mailed five additional envelopes addressed to OkCupid’s CEO in Dallas, each containing threatening communications and/or suspicious substances. Each of these mailings generated a response by federal law enforcement in order to rule out the presence of active biological or chemical agents. Laboratory testing later confirmed that the substances contained in the envelopes, including the white powdery substance, did not contain hazardous materials.

The charge of false information and hoaxes provides for a sentence of no greater than five years in prison, one year of supervised release and a fine of up to $250,000. The charge of mailing threatening communications 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and David W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, made the announcement today. The investigation was conducted by the FBI Boston’s Joint Terrorism Task Force, with assistance from the Beverly Police Department. OkCupid and its parent company has been fully cooperative with the investigation. Assistant U.S. Attorney Jason A. Casey of Lelling’s National Security Unit is prosecuting the case.

BOSTON - A Southbridge man whose identity is unknown has been arrested and charged in federal court in Boston with making false statements in an application for a U.S. passport. It is alleged that Doe has used and maintained the identity of a U.S. citizen from Puerto Rico for 36 years.

John Doe, whose true identity is unknown, was charged with one count of false statement in application of a passport. He will appear in federal court in Boston today at 3:30 p.m.

In January 2018, Doe allegedly submitted an application for a United States passport by representing himself as a U.S. citizen from Puerto Rico. He provided the U.S. citizen’s name, place of birth, and Social Security number. The Social Security number Doe provided did not, however, match the individual’s name he was representing as his own.

In support of his passport application, Doe allegedly provided a copy of a birth certificate issued to the victim whose identity he was representing as his own, an expired U.S. passport issued in 1988, an inmate’s identity card issued by the Federal Bureau of Prisons in the victim’s name, a Federal Probation Department urinalysis card in the victim’s name, and a letter from a U.S. Probation Officer Assistant indicating that Doe is currently on Federal Supervised Release.

The passport application and documents were sent to the Boston Passport Agency and subsequently referred to the Fraud Prevention Unit. It was then determined that the Social Security number submitted with the application was valid, but did not match the victim’s name Doe used in his application. On further review, it was determined that the Social Security number used on Doe’s previous passport application from 1988 was in fact a fraudulent number that had never been issued by the Social Security Administration.

Further investigation revealed that Doe, who is on lifetime parole, has used four different names, four different dates of birth, and three different Social Security numbers. Doe has an extensive criminal record dating back to the 1970s. At one time, Doe owned an auto body shop in New York that was used to install electronic hidden compartments in cars to conceal cocaine trafficked from Colombia and money.

The passport fraud charge 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 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’s Diplomatic Security Service, Boston Field Office, made the announcement. 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.

BOSTON - A Lowell man was sentenced today in federal court in Boston for a masked and armed bank robbery.

Jason M. Nobles, 37, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 188 months in prison and five years of supervised release. In January 2019, Nobles pleaded guilty to one count of armed bank robbery. Nobles is currently in federal custody.

On Feb. 26, 2018, a masked individual, later identified as Nobles, entered a branch of the Santander Bank in Swansea, approached a teller’s station, brandished what appeared to be a black semi-automatic pistol, pointed the pistol at the bank’s tellers and demanded cash. Throughout the robbery, Nobles pointed the weapon at the tellers ordering them to hurry up and threatening to shoot them. The tellers handed Nobles cash from their drawers, and Nobles fled the bank. A post robbery audit determined that Nobles stole approximately $15,000.

Bank employees witnessed Nobles depart the bank, run to a neighboring parking lot, and leave the area in a gray Toyota SUV, which had been reported stolen from Rhode Island earlier in the day. The employees were able to provide law enforcement with a vehicle description and the physical description of the robber. A high-speed chase ensued and local law enforcement officers, across multiple towns, worked together to locate the Toyota SUV, stop it, and detain the driver - Nobles - who matched the description of the robber given by the bank’s employees. Later, when law enforcement executed a search of the vehicle, they found a large sum of money and a black Sig Sauer semi-automatic pellet gun. 

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Bristol County District Attorney Thomas M. Quinn; Swansea Police Chief George Arruda; and Rehoboth Police Chief James J. Trombetta made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – The former executive assistant of a Waltham-based technology company was arrested today and charged in connection with a fraud and embezzlement scheme that netted over $3 million. 

Shivani Patel, 37, of Vineyard Haven, was charged by criminal complaint with one count of bank fraud. Patel was arrested this morning and will appear before U.S. Magistrate Judge Judith Dein this afternoon.

As alleged in the complaint, Patel served as an executive assistant to the chief financial officer of a Waltham-based technology company. Her duties included retrieving incoming mail containing customer checks made payable to her employer, recording the checks into the payment system, and depositing the checks into her employer’s bank account.

From at least February 2012 through July 2017, Patel stole funds from her then employer for her personal use. Specifically, in February 2012, Patel created a company with a name nearly identical to that of her then employer — i.e., using her employer’s name but just adding an “s” to the end — and opened a business banking account in the sham company’s name. Thereafter, Patel allegedly began taking customer checks payable to her employer out of the mail, depositing those checks into the sham company’s bank account, and concealing her embezzlement by making false entries in her employer’s billing system. In total, Patel embezzled approximately $3,076,369 from her former employer. 

The charge of bank fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release, a fine of $1 million, restitution and forfeiture. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and 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 Justin D. O’Connell of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.

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

BOSTON – Two Florida men were indicted 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. 

Fred Alcius and Lucson Appolon, both 34 and of Lauderhill, Fla., were each indicted on one count of conspiracy to commit wire fraud. Alcius was also charged with two counts of aggravated identity theft and Appolon was charged with one count of aggravated identity theft.  The defendants and their co-conspirators, Peter Belony and Kevens Louis were previously charged by complaint on April 9, 2019. Appolon was arrested on April 16, 2019, and 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 Maine and Massachusetts.

On June 14, 2019, Belony pleaded guilty to conspiracy to commit wire fraud. He is scheduled to be sentenced on Sept. 19, 2019. Louis has pleaded not guilty and is awaiting trial.

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. 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 defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

BOSTON – An inmate at a Massachusetts correctional facility pleaded guilty today federal court in Boston in connection with smuggling drugs into the facility. 

Chad Connors, 42, pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 12, 2019.

In September 2018, Connors, who was an inmate at Massachusetts Correctional Institute – Cedar Junction (MCI-CJ) in South Walpole at the time, was indicted along with William Guillemette, 39, also an MCI-CJ inmate, Margaret Guillemette, 58, and Lisa Guillemette, 42.

Chad Connors and William Guillemette were inmates housed at MCI-CJ’s Departmental Disciplinary Unit (DDU). Connors was involved in a romantic relationship with Christine Ramos, a nurse assigned to the DDU. At Connors’ request, Ramos agreed to smuggle contraband, including controlled substances, into MCI-CJ. In order to do this, Ramos opened two P.O. Boxes through a third party. Connors sent letters and money to Ramos at these P.O. Boxes and, at William Guillemette’s direction, Lisa and Margaret Guillemette, obtained and sent Suboxone and Alprazolam to the P.O. Boxes. Ramos subsequently smuggled the drugs into the DDU and delivered them to Connors. Connors and William Guillemette then distributed the drugs to other inmates, who sent checks to Lisa and Margaret Guillemette as payment for the drugs. Suboxone and Alprazolam are Schedule III and Schedule IV controlled substances, respectively.   

William Guillemette and Lisa Guillemette previously pleaded guilty and are awaiting sentencing. Margaret Guillemette previously pleaded guilty and was sentenced to time served (five days), two years of supervised release and 200 hours of community service. The nurse, Christine Ramos, pleaded guilty to one count of conspiracy to distribute Suboxone and Alprazolam, and was sentenced two years of probation.

The charge of conspiracy to distribute Suboxone and Alprazolam provides for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $500,000 and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines.  

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, made the announcement today. Assistant U.S. Attorney Eugenia Carris, of Lelling’s Public Corruption and Special Prosecutions Unit, is prosecuting the case.

BOSTON - A New Salem man was charged yesterday in federal court in Springfield with child pornography offenses.

Nicholas Conkey, 33, was charged with two counts of distribution of child pornography, two counts of receipt of child pornography, and one count of possession of child pornography.

At various times in 2018 and 2019, Conkey is alleged to have sent and received child pornography by email. On Jan. 18, 2019, he is alleged to have been in possession of child pornography depicting children younger than 12-years-old. 

Possession of child pornography carries a sentence of no greater than 20 years in prison and the charges of distribution and receipt of child pornography carry a mandatory minimum sentence of five years and up to 20 years in prison. All three charges provide for a mandatory minimum sentence of five years and up to a lifetime of supervised release and a fine of up to $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. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.

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

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

BOSTON – A former New Jersey securities broker pleaded guilty in federal court in Newark, N.J. today to charges of defrauding his clients by engaging in a multi-year “cherry-picking” scheme.

Michael Bressman, 61, of Montville, N.J., formerly of FCG Advisors and FCG Wealth Management in Chatham, N.J., pleaded guilty to securities fraud and investment advisor fraud. U.S. District Judge Esther Salas of the District of New Jersey scheduled sentencing for November 2019.  On Sept. 11, 2018, Bressman was charged by indictment in the District of Massachusetts, and the case was transferred to the District of New Jersey on Nov. 8, 2018.

Bressman misused his access to an omnibus or “allocation” account to obtain at least $700,000 in illicit trading profits over a six-year period ending in February 2018. Bressman used the allocation account to place trades and cherry-picked profitable trades, which he then transferred to his own account and the account of family members, while placing unprofitable trades in other customers’ accounts. 

The charge of securities fraud provides for a sentence of no greater than 20 years in prison, five years of supervised release and a fine of $5 million. The charge of investment advisor fraud provides for a sentence of no greater than five years in prison, two years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.  Pursuant to the plea agreement, the government recommended a sentenced of 24 to 40 months in prison. 

United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The SEC’s Market Abuse Unit in New York provided assistance with the investigation. Assistant U.S. Attorney Eric Rosen of Lelling’s Securities and Financial Fraud Unit and Assistant U.S. Attorney Courtney Howard of the District of New Jersey are prosecuting the case. 

BOSTON – A Chinese born naturalized U.S. citizen living in Lexington, and a company he and his wife established, were charged in federal court in Boston in connection with stealing proprietary information from his former employer, Analog Devices, Inc. (ADI), a semiconductor company headquartered in Norwood. Yu is also charged with allegedly selling and illegally exporting integrated circuits that incorporated ADI’s stolen trade secrets.

Haoyang Yu, a/k/a “Jack Yu,” a/k/a “Harry Yu,” a/k/a “Jack Tricon,” 40, of Lexington, was arrested and charged along with his company, Tricon MMIC LLC, in an indictment unsealed today. Yu was indicted on four counts of theft of trade secrets; four counts of copying, uploading, downloading, and attempted copying, uploading, and downloading of a trade secret; four counts of possession and attempted possession of a trade secret; and three counts of smuggling. Tricon MMIC LLC was also indicted on three counts of smuggling. Yu will appear this afternoon in federal court in Boston.

“Theft of trade secrets from American companies is a pervasive economic and national security threat, which makes Massachusetts, a worldwide leader in technological research and innovation, a target,” said United States Attorney Andrew E. Lelling. “Yu is charged with a massive theft of proprietary trade secret information from his former employer for the purpose of setting up his own company and marketing their products as his own. Today’s charge should make it clear that combating the theft of trade secrets from American businesses is one of my office’s top priorities.” 

“Today’s actions are the result of the seamless coordination and collaborative counter proliferation efforts by the Office of Export Enforcement, the Justice Department, Homeland Security Investigations, NCIS and the FBI,” said Acting Special Agent in Charge William Higgins of the Office of Export Enforcement. “The Boston Field Office, Office of Export Enforcement will continue to work with all its Law Enforcement partners to stem illicit trade that threatens U.S. national security and undermines U.S. foreign policy. We will continue to vigorously pursue violators wherever they may be.”

“Violations of U.S. export laws like the ones charged in this case are serious offenses that undermine national security through the illegal export of sensitive U.S. technology and compromise the economic viability of American companies,” said Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations, Boston. “Today’s enforcement actions could not have occurred without the coordinated efforts of a very dedicated team of law enforcement partners that included members of HSI’s Counter-Proliferation Investigations Center, the agency’s specialized unit dedicated to preventing the illegal export of U.S. technology and protecting American businesses by combating transnational criminal networks and violators of our export laws.”

“As alleged, Mr. Yu stole trade secrets from his employer for his own financial gain,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “We are deeply concerned about American innovation ending up in the wrong hands, and the FBI is committed to investigating rogue actors and foreign nations who steal our trade secrets, technology, and proprietary information for military or economic gain.  While we all welcome fair competition, we cannot and will not tolerate stealing and cheating. It’s illegal, unethical, and unfair, and this type of conduct hurts American businesses, jobs, and consumers, and in many instances, jeopardizes our national security.”

NCIS Northeast Field Office Special Agent in Charge Leo S. Lamont stated: “NCIS works closely with our partners in the FBI, HSI, and Department of Commerce to aggressively combat the theft of trade secrets and the illegal export of sensitive defense technologies. These crimes not only weaken our national security but also jeopardize the safety of our brave men and women in uniform.”

According to the charging document, Yu was born in Harbin, China, and first came to the United States in 2002 through the student visa program. He became a lawful permanent resident in June 2009, and a naturalized U.S. citizen in March 2017. In July 2014, Yu started working at ADI as a principal design engineer.

As alleged in the indictment, Yu worked for ADI designing and developing parts of monolithic microwave integrated circuits (MMICs), which are used in radio, cellular, and satellite communications as well as defense and aerospace applications. As a result of his work, Yu had access to data and information relating to the present and future product designs, schematics, manufacturing files and testing procedures. It is alleged that, while working for ADI, Yu downloaded hundreds of highly confidential schematic design files and modeling files that belonged to ADI, and copied portions of those files into spreadsheets which he uploaded to his personal Google drive account. The files Yu allegedly stole from ADI were worth millions of dollars.   

In March 2017, approximately five months before he resigned from ADI, Yu and his wife established Tricon MMIC LLC, which according to its website, “specializes in wide band MMIC amplifiers,” and serves customers in “defense and aerospace, test and instrumentation, [and] satellite communications.”

On July 31, 2017, Yu resigned from ADI and signed an agreement affirming that he had surrendered all proprietary information or data. Nevertheless, in December 2018, Yu allegedly had propriety ADI files in his possession. Furthermore, since creating Tricon in March 2017, Yu marketed and sold approximately 20 ADI designs as his own, and even used the same semiconductor fabrication plant as ADI. Yu used the Tricon website to target ADI customers, claiming that Tricon could better serve customers because ADI “has hit many customers by sudden announcements of obsolete parts.” For each purported obsolete part, Tricon listed a replacement part on its website. These replacement parts contained specifications identical to or substantially similar to ADI.

It is alleged that since leaving ADI, from August 2017 to June 2019, Yu has been working at a cleared defense contractor while simultaneously operating Tricon and selling parts that are identical to, or substantially similar, to ADI products and which incorporate ADI’s stolen trade secrets. Yu has also allegedly used Tricon to illegally export several parts to Spain by concealing both his name and the export control classification number of the parts being exported on the shipping documents.

ADI, the named victim of the Yu’s theft of trade secrets, has been cooperating with the government throughout this investigation.    

The charge of stealing, copying, downloading, and possessing a trade secret provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. 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.

U.S. Attorney Lelling; Acting DOC – Office of Export Enforcement SAC Higgins; HSI Boston SAC Fitzhugh; FBI Boston SAC Bonavolonta; and NCIS SAC Lamont made the announcement today. The following agencies also assisted in this investigation: Customs and Border Protection; Coast Guard Investigative Service; Defense Criminal Investigative Service; Massachusetts State Police; Lexington Police Department; and Hingham Police Department. Assistant U.S. Attorney B. Stephanie Siegmann, Chief of Lelling’s National Security Unit, and Assistant U.S. Attorney George Varghese, of Lelling’s National Security Unit, are prosecuting the case.

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

UPDATE: In April 2022, Haoyang Yu was acquitted by a federal jury of 18 counts of the charges alleged in the indictment. He was convicted of one count of possessing a stolen trade secret.

BOSTON – A former Chicopee police officer was sentenced yesterday in federal court in Springfield in connection with immigration fraud.

Nhac Duy Truong, 44, of East Longmeadow, was sentenced by U.S. District Court Judge Mark G. Mastroianni to a $5,000 fine. In February 2019, Truong pleaded guilty to one count of immigration fraud. According to the terms of the plea agreement, Truong agreed to resign from the Chicopee Police Department, where he has served as a police officer since 2004, and to never seek employment in law enforcement.

In 2008 and 2009, Truong submitted two petitions for a claimed alien fiancée, who was in fact the sister of his common law wife. On Feb. 15, 2011, in Ho Chi Minh City, Vietnam, Truong signed a sworn affidavit in support of his second petition for his common law wife’s sister that falsely stated he had never lived with his common law wife and never met her in person, when in fact he had lived with her, and she is the mother of his two children.

United States Attorney Andrew E. Lelling and William Gannon, Special Agent in Charge of the United States Department of State, Bureau of Diplomatic Security, Boston Field Office, made the announcement. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office prosecuted the case. 

BOSTON – A Florida man pleaded guilty today in federal court in Boston in connection with the fraudulent abuse of the U.S. Postal Service’s (USPS) Informed Delivery electronic notification system. 

Peter Belony, 34, of Margate, Fla., pleaded guilty to one count of conspiracy to commit wire fraud. U.S. District Court Judge Douglas Woodlock scheduled sentencing for Sept. 19, 2019. Belony and his co-conspirators, Fred Alcius, Lucson Appolon, and Kevens Louis were charged on April 9, 2019. Co-conspirators Appolon and Louis were arrested on April 16, 2019; Belony was arrested on April 26, 2019; and 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. 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. 

BOSTON – A Boston man pleaded guilty yesterday in federal court in Boston to being a felon in possession of a firearm and ammunition.

Mohamed Abdulaziz, 32, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 11, 2019. Abdulaziz was charged in December 2018 and is currently in state custody.

On Sept. 2, 2018, law enforcement officers stopped Abdulaziz on Route 24 South in West Bridgewater because he was driving erratically. After Abdulaziz failed several field sobriety tests, he was arrested for driving under the influence of alcohol. Troopers then conducted a routine inventory search of Abdulaziz’s vehicle before it was towed and found a loaded revolver beneath the driver’s seat. Federal law prohibits Abdulaziz from possessing a firearm or ammunition because of a prior felony conviction.

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

United States Attorney Andrew E. Lelling and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – Three Brockton men were indicted yesterday in federal court in Boston on charges of conspiring to manufacture and distribute controlled substances.

Binh Thanh Le, 22, Steven McCall, 23, and Allante Pires, 22, were each charged with conspiring to manufacture and distribute MDMA, Ketamine and Xanax. All three men were previously charged by criminal complaint and were detained following an initial appearance in federal court in May 2019. 

According to the charging documents, Le, McCall, and Pires received wholesale quantities of controlled substances in the mail. The three men then processed and manufactured those controlled substances at an office space they rented in Stoughton. To distribute the drugs, the men allegedly created a vendor site entitled “EastSideHigh” on Dark Net Market websites, where they advertised various drugs for sale, including cocaine, MDMA, Ketamine and Xanax.

More than 20 kilograms of MDMA, more than seven kilograms of Ketamine, more than 10,000 Xanax pills, more than $200,000 worth of Bitcoin, and more than $100,000 in cash were seized by authorities. During the execution of a search warrant at the office space in Stoughton, agents encountered and arrested McCall, who was wearing latex gloves and a respirator, and was believed to be in the process of filling drug orders.  During the search of that office space, a computer with the “EastSideHigh” vendor page open, and numerous packages containing MDMA and Ketamine, various shipping and packaging materials, and a pill press were recovered. 

During the investigation, an undercover federal agent ordered MDMA from one of the “EastSideHigh” vendor sites on a Dark Net Marketplace, and later observed Le allegedly deposit the envelope containing the agent’s order into a United States Postal Service collection box in Stoughton.  Pursuant to federal search warrants, numerous other envelopes containing MDMA and Ketamine, which are connected to this drug distribution scheme, were intercepted 

On March 27, 2019, Le allegedly met with undercover law enforcement officers at a hotel in Norwood for the purpose of exchanging $200,000 worth of Bitcoin for cash. Le was arrested after he transferred the bitcoin to the agents.  

United States Attorney Andrew E. Lelling; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; and Norfolk County District Attorney Michael W. Morrissey made the announcement today. Agents from Homeland Security Investigations in Colorado, Postal Inspectors from around the country, and the Stoughton, Norwood, and Brockton Police Departments assisted in the investigation. Assistant U.S. Attorneys James E. Arnold of Lelling’s Narcotics & Money Laundering Unit and Rachel E. Goldstein of Lelling’s Asset Recovery Unit are prosecuting the case.

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

BOSTON – A Roxbury man identified as John Doe was convicted yesterday by a federal jury in Boston of using another person’s identity for over 40 years.

John Doe, whose true identity is unknown, was convicted of aggravated identity theft; using a passport obtained through false statements; stealing public funds; and misuse of a Social Security number. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 18, 2019.

At some point prior to 1975, Doe, who is suspected to be a Dominican national, obtained the birth certificate of a U.S. citizen from Puerto Rico. Initially, Doe did not have the U.S. citizen’s Social Security number, so he created or obtained a counterfeit Social Security card bearing the U.S. citizen’s name with a non-matching Social Security number that was assigned to a different person from Puerto Rico. From 1975 to 1994, Doe used the counterfeit Social Security card to find employment, first in New York, and later in Boston.

In 1994, Doe received a letter from the IRS notifying him that the name on his Social Security card did not match the Social Security number he was using and that he needed to go to a local Social Security Administration (SSA) office to resolve the discrepancy. Doe took the letter to an SSA office in Roxbury, where he deceived an SSA employee into believing that he was the person whose identity he had stolen and that he had forgotten his true Social Security number. Doe gave the employee the name, date of birth, place of birth, and parents’ names on the U.S. citizen’s birth certificate without disclosing that the birth certificate was not his own. The employee entered this biographical information into the SSA computer, which returned a match for the U.S. citizen’s true Social Security number. Through this deception, Doe was able to obtain a Social Security card bearing the U.S. citizen’s true name and true Social Security number.

Doe used this unlawfully obtained Social Security card for the next 18 years, until the U.S. citizen died in Puerto Rico in 2012. At that point SSA learned that someone in Massachusetts was using a deceased person’s Social Security number and began a fraud investigation.

Doe used the stolen identity to work in Boston, obtain and travel on a U.S. passport, apply for unemployment benefits, and obtain public housing benefits for himself and his family.

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, up to one year of supervised release, and a fine of up to $250,000. The charges of using a passport obtained through false statements, and stealing public funds, each provide for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of misuse 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 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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations, Labor Racketeering and Fraud; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office, made the announcement today. Assistant U.S. Attorneys Christine Wichers and David Tobin of Lelling’s Major Crimes Unit are prosecuting the case.

BOSTON – A Fitchburg man was indicted yesterday in federal court in Boston in connection with drug trafficking activities involving fentanyl.

Sebastian Batista, 25, was charged with one count of possession with intent to distribute more than 40 grams of fentanyl. Batista was arrested on state charges on Feb. 28, 2019, and has been in custody since. Batista will appear in federal court in Boston at a later date.

The charge of distribution of more than 40 grams of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Valuable assistance was provided by the Waltham Police Department and the Middlesex County District Attorney’s Office. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

BOSTON - A Dominican national pleaded guilty yesterday in federal court in Boston to illegally reentering the United States after being deported and participating in a money laundering conspiracy that laundered or attempted to launder between $150,000 and $250,000 worth of drug sales proceeds.    

Rafael Pascal, 55, pleaded guilty to illegal reentry of a deported alien and money laundering conspiracy. U.S. District Court Judge F. Dennis Saylor, IV, scheduled sentencing for Sept. 10, 2019.

According to court records, Pascal was deported on Jan. 5, 2002, subsequently reentered the United States, and was convicted of illegally reentering the country in 2012. In 2013, Pascal was again deported to the Dominican Republic, and sometime thereafter, again illegally entered the United States. On May 6, 2018, Pascal was arrested in Wakefield on state drug charges.

From approximately March 1, 2017, through at least July 2017, Pascal participated in a conspiracy to launder money obtained from the sale of controlled substances. Pascal admitted that he picked up cash proceeds from drug sales from various individuals and then delivered the money to individuals who were responsible for laundering the money. Pascal picked up and delivered varying quantities of cash, including, on one occasion, $59,060, which he delivered to an undercover law enforcement officer. Pascal stipulated that during the time that he participated in the conspiracy, he and his coconspirators laundered or attempted to launder between $150,000 and $250,000 in drug proceeds.

The charge of illegal reentry after deportation provides 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 conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000. Pascal 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and Colonel Kerry Gilpin, Superintendent of the Massachusetts State Police made the announcement today. The Boston Organized Crimes Drug Enforcement Task Force (OCDETF) and the Wakefield, Arlington, Ipswich, Somerville and Boston Police Departments assisted with the investigation. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

BOSTON – A Dominican national was indicted today in federal court in Worcester on drug and identity theft charges.

Jonathan Francisco Bobadilla Rosa, 30, a Dominican national residing in Worcester, was indicted on possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl, false representation of a Social Security number and aggravated identity theft.

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

The charge of possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. The charge of false representation of a Social Security number carries a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000. The charge of aggravated identity theft carries a mandatory sentence of two years in prison, to be served consecutive to any other sentence imposed, three years of supervised release, and a fine of $250,000. Bobadilla Rosa will be subject to deportation proceedings. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement today. Valuable assistance was provided by the Massachusetts Attorney General’s Office and the Massachusetts State Police. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.

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

BOSTON – A Boston man was indicted yesterday in federal court in Boston in connection with trafficking fentanyl.  

Anthony Smallwood, 28, was indicted on two counts of distribution of, and possession with intent to distribute, fentanyl, and three counts of distribution of, and possession with intent to distribute, more than 40 grams of fentanyl. On May 22, 2019, Smallwood was arrested and charged by criminal complaint. He has been in custody since.

According to court records, between March and May 2019, Smallwood engaged in five separate drug sales of fentanyl to a confidential informant.

The charges of distribution of, and possession with intent to distribute, fentanyl each provide 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 $1 million; the charges involving more than 40 grams of fentanyl carry a mandatory minimum sentence of five years and up to 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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement. This case was investigated by the FBI’s Organized Crime Drug Enforcement Task Force Strike Force with valuable assistance from the Boston Police Department and the Suffolk County Sheriff’s Office. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

BOSTON – A New Bedford police officer was arrested today and charged in federal court in Boston with child pornography offenses.  

Paul Hodson, 42, of Acushnet, was charged with one count of distribution of child pornography and one count of possession of child pornography. He will appear in federal court in Boston later today.

Following an investigation into the use of peer-to-peer file sharing networks for the trade of child pornography, a federal search warrant was executed at Hodson’s Acushnet home. Hodson was interviewed on-scene and admitted to using peer-to-peer file sharing software to trade child pornography. In the course of a preliminary on-scene forensic preview of Hodson’s computer, hundreds of child pornography files were recovered, including at least one file that was distributed to undercover law enforcement in the course of the investigation that led to the search warrant. 

The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Massachusetts State Police Cyber Crime Unit and Acushnet Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.

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

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

BOSTON – The former Stanford University sailing coach was sentenced today in federal court in Boston for his involvement in a scheme to use bribery and other forms of fraud to facilitate the admission of applicants to colleges and universities, including Stanford.

John Vandemoer, 41, of Paolo Alto, Calif., was sentenced by U.S. District Court Senior Judge Rya W. Zobel to one day incarceration (deemed served), two years of supervised release with the first six months to be served in home detention, and ordered to pay a $10,000 fine.  The government recommended a sentence of 13 months in prison and one year of supervised release. On March 12, 2019, Vandemoer was charged by Information and pleaded guilty to one count of racketeering conspiracy.

“Mr. Vandemoer agreed to accept $610,000 in exchange for corrupting the admissions process of a major university,” said United States Attorney Andrew E. Lelling. “We will continue to seek meaningful penalties in these cases.”

Vandemoer conspired with Rick Singer and others to designate the children of Singer’s clients as a purported recruits for the Stanford sailing team. In exchange, Singer made payments to the Stanford sailing program, which Vandemoer oversaw.

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

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.

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

BOSTON – A former Wellesley High School assistant track coach, who is also a former Harvard University track coach, pleaded guilty yesterday in federal court in Boston to possession of child pornography. 

Walter Johnson, 71, of Framingham, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 10, 2019.

In January 2017, an investigation began into child pornography being traded by a Craigslist user. The investigation led to Johnson, a track coach at Wellesley High School and a former Harvard University track coach. During a search of Johnson’s home in Framingham, images and videos of child pornography were found on his computer and on a thumb drive hidden in his bedroom. He was arrested on scene and subsequently indicted by a federal grand jury.

The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was provided by the Internet Crimes Against Children (ICAC) task forces from Massachusetts and Rhode Island, and the Framingham Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.

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

BOSTON - A Charlestown man was sentenced yesterday in federal court in Boston for bank robbery.

Robert H. Brady, 42, was sentenced by Senior U.S. District Court Judge Douglas P. Woodlock to five years in prison and three years of supervised release. On Feb. 7, 2019, Brady pleaded guilty to bank robbery.

On June 28, 2018, a masked individual, later determined to be Brady, entered a branch of the Cambridge Savings Bank in Charlestown and approached two bank tellers demanding the tellers take money from their cash drawers and the bank’s vault and give it to him. Brady took the money and threatened to return to the bank and “blow it up” if the tellers reported the robbery. As Brady fled the area, a GPS tracking device activated within the stolen money, allowing law enforcement to track a location in Charlestown where they eventually located Brady, who was found to be in possession of a large sum of money.

Brady faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and restitution in the amount of $912. 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 Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON - A restaurant owner pleaded guilty in federal court in Springfield today in connection with failing to file a tax return. And, on behalf of his corporation, the restaurant owner admitted that Scuderi’s Inc. filed false tax returns.

Giuseppe Scuderi, 62, of West Suffield, Conn., pleaded guilty to one count of failing to file a tax return for the year 2015, and Scuderi’s Inc. pleaded guilty to five counts of filing false tax returns for the years 2010 through 2014. Scuderi and Scuderi’s Inc. were charged on May 3, 2019. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Sept. 19, 2019.

According to court documents, Scuderi was the owner of a Southwick restaurant that generated a substantial amount of cash sales. From 2010 to 2014, Scuderi took cash from the business and did not declare it as income, and he kept two sets of books, which depicted both the actual sales of the business and the sales disclosed on his tax returns. As a result of his scheme, Scuderi failed to pay $170,769 in taxes to the government.

Scuderi faces a sentence of no greater than one year in prison, up to one year of supervised release, and a $25,000 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 Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.

BOSTON – The U.S. Attorney’s Office has reached a settlement with Vasco Oburoni and Christian Praise International Church regarding a radio station in Worcester that has been operating without a license from the Federal Communications Commission (FCC).

According to a consent decree filed today and subject to Court approval, Vasco Oburoni and Christian Praise International Church agree not to operate an unlicensed radio station in violation of the Communications Act of 1934. They also agree to surrender all of their broadcasting equipment. In the event the FCC reasonably suspects that they have violated the Act, the FCC may inspect the premises and seize any broadcasting equipment. Finally, if the FCC determines that the defendants have operated an unlicensed broadcasting station in violation of the settlement, the defendants must pay a $75,000 fine. 

According to the signed consent decree, Vasco Oburoni and Christian Praise International Church admitted that they operated a radio broadcast station in Worcester, on frequency 97.1 MHz, without a license from the FCC, and previously operated an unlicensed radio station on frequency 102.3 MHz. The FCC issued multiple warnings to the illegal operators and issued a forfeiture order in the amount of $15,000 against Oburoni for repeated violation of the Communications Act of 1934. Oburoni agreed to a payment plan, but later began broadcasting again without a license on a different frequency. The FCC received complaints, including from a licensed broadcaster that the unlicensed station was interfering with radio signals.

The Communications Act of 1934 prohibits the operation of radio broadcasting equipment above certain low-intensity thresholds without a license issued by the FCC. The Act authorizes the Department of Justice, at the request of the FCC, to seek an injunction ordering compliance with the Communications Act against operators broadcasting without an FCC license. The number of available radio frequencies is limited, and unlicensed broadcasting can interfere with the broadcasting of legitimate licensed radio stations, potentially causing chaos in the radio spectrum.

United States Attorney Andrew E. Lelling and Rosemary Harold, Chief of the FCC’s Enforcement Bureau made the announcement today. Assistant U.S. Attorney Carol E. Head of Lelling’s Asset Recovery Unit is handling the matter. 

BOSTON – The former CEO and co-founder of a Boston-based mobile phone music streaming service, was charged in connection with a scheme to embezzle hundreds of thousands of dollars from his employer. 

David Fondots, 56, was charged by criminal complaint on one count of wire fraud. Fondots was arrested yesterday evening and made an initial appearance in federal court in Boston this afternoon.

According to the complaint affidavit, Fondots misappropriated company funds which he used for his personal benefit. It is alleged that between 2014 through 2016, Fondots caused his company to pay significant sums of money directly to himself, to a family member, and to companies controlled by a family member.  Fondots used the embezzled funds to pay personal expenses for himself and his family, including car payments, legal fees, and travel, among other things.    

The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000, or twice the gross gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities & Financial Fraud Unit is 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.

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

Jesus Leonardo Castillo-Martinez, 45, pleaded guilty to one count of illegal reentry of a deported alien. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Sept. 10, 2019.

In 2010, Castillo-Martinez was encountered by law enforcement while serving a sentence in New Hampshire for drug distribution. Upon completion of his sentence, Castillo-Martinez was placed into removal proceedings and on April 16, 2013, and was deported to the Dominican Republic.

In 2016, Castillo-Martinez was encountered by law enforcement and determined to be illegally present in the United States. His previous order of removal was reinstated and on Nov. 1, 2016, he was deported to the Dominican Republic.

In June 2018, law enforcement officers in Billerica arrested Castillo-Martinez on a drug distribution charge. Castillo Martinez was determined to be illegally present in the United States and charged with illegal reentry. He was indicted in federal court and has since been in the custody.

Castillo-Martinez faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and 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 and Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON - A South Boston man pleaded guilty today in federal court in Boston to loansharking and gambling charges.

Tam V. Nguyen, 51, pleaded guilty to one count of conspiracy to collect extensions of credit by extortionate means and one count of operating an illegal gambling business. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 11, 2019.

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

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

The charge of conspiracy to collect extensions of credit by extortionate means provides for a sentence of no greater than 20 years in prison, three years of supervised release and fine of $250,000. The charge of operating an illegal gambling business provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

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

BOSTON – An MS-13 member was sentenced yesterday for being an illegal alien in possession of a firearm and ammunition. 

Nery Rodriguez Diaz, 19, a Salvadoran national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 14 months in prison and three years of supervised release. Diaz will also be subject to deportation proceedings upon completion of his sentence. 

On May 22, 2018, Diaz and another MS-13 member, Elmer Alfaro Hercules, were arrested in possession of loaded firearms in Bremen Street Park in East Boston, a location where numerous MS-13 gang members have been observed and where gang-on-gang violence frequently occurs. 

The investigation revealed that Diaz and Hercules each separately and unlawfully entered the United States in 2014 as unaccompanied minors. Both Diaz and Hercules were charged federally for being aliens in possession of a firearm and ammunition. 

Hercules previously pleaded guilty and was sentenced to 13 months in prison and three years of supervised release. Hercules will also be subject to deportation proceedings after the completion of his sentence.

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; Suffolk County District Attorney Rachel Rollins; Boston Police Commission William Gross; and Chelsea Police Chief Brian Kyes made the announcement today.

BOSTON – A Dominican national residing in Dorchester pleaded guilty yesterday in federal court in Boston to Social Security fraud.

Saddan Bautista Diaz, 28, pleaded guilty to one count of false representation of a Social Security number. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Sept. 4, 2019. Bautista Diaz was arrested and charged in a July 2018 federal law enforcement sweep of 25 individuals accused of document and benefit fraud.

On June 27, 2014, Bautista Diaz, a citizen of the Dominican Republic, applied for a Massachusetts Identification Card using the name and Social Security number of a Puerto Rican citizen. He presented a Puerto Rican birth certificate and a Social Security card in the other person’s name to the Massachusetts Registry of Motor Vehicles as proof of his identity. Based on the application and supporting identity documents, Bautista Diaz was issued an identification card in the name of the Puerto Rican citizen.

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.  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; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; Michael Mikulka, Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Massachusetts State Auditor Suzanne M. Bump made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case. 

BOSTON – A Chelsea man pleaded guilty today in federal court in Boston to possession of cocaine base with intent to distribute.

Adres Perez, 26, pleaded guilty to possession of cocaine base with intent to distribute and is scheduled to be sentenced on Sept. 10, 2019 before U.S. District Court Judge Richard G. Stearns.  In December 2017, Perez was indicted along with Cesar Alicea, who was charged with being a felon in possession of a firearm. The charging documents allege that both men were members of the East Side Money Gang.

On Oct. 31, 2017, police in Revere observed what they believed was a drug deal happening from a car. The officers stopped the car, which was driven by Perez – with Alicea in the passenger seat –removed Perez from the car, and pat-frisked him. At the same time, Alicea ran from the car and threw an item, which was recovered and determined to be a .25 caliber Raven Arms pistol. Police later recovered crack cocaine from the car and heroin on Perez.

Alicea previously pleaded guilty and was sentenced in January 2019 to 48 months in prison.

The charge of possession with intent to distribute 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 $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Revere Police Chief James Guido; and Chelsea Police Chief Brian Kyes made the announcement today.  Assistant U.S. Attorneys Timothy E. Moran and Michael Crowley of Lelling’s Organized Crime and Gang Unit are prosecuting the case.

BOSTON – A leader of the East Side Money Gang (ESMG) was sentenced yesterday in federal court in Boston on racketeering, drug trafficking and firearms trafficking charges.

Angel “Stackz” Mejia Zelaya, 24, of Chelsea, was sentenced yesterday by U.S. District Court Judge Richard G. Stearns to 188 months in prison and five years of supervised release.  In January 2019, Mejia pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, commonly known as RICO, one count of conspiracy to distribute cocaine and cocaine base, and one count of engaging in the business of dealing in firearms without a license. 

Mejia was a leader in the ESMG, a violent, Chelsea-based street gang, which was responsible for various violent crimes, including multiple shootings, and drug distribution in Chelsea and surrounding communities. Mejia, as well as other members and associates of the gang, were also actively involved in illegally selling firearms, including handguns and shotguns, in and around Chelsea.

Mejia participated in multiple, gang-related shootings. On July 5, 2015, Mejia was involved in a shooting targeting a rival gang member on a public street in Chelsea, which did not result in the rival gang member being injured. On March 29, 2016, Mejia and his lieutenant, Josue “Superbad” Rodriguez, agreed to provide a .22 caliber revolver to a third ESMG member, Brandon “Big Baby” Baez, so that Baez could “spank” with it – meaning that he could use it against rivals of ESMG. On April 3, 2016, in Revere, Baez used the revolver to attempt to murder two men believed to be members/associates of a rival gang as they sat in a vehicle. Both men were wounded, but not killed. Baez called Mejia immediately after the shooting to inform Mejia that Baez had just shot two men. Mejia further admitted to supplying other ESMG gang members with firearms, including a juvenile who then accidently shot another person.

While Mejia was the leader of the ESMG, the gang dealt substantial quantities of drugs, including cocaine and cocaine base (crack), in Chelsea and surrounding communities. Mejia was responsible for the distribution of at least a kilogram of cocaine base.  Mejia and his gang subordinates stored drugs at and distributed drugs from a residence on Tudor Street in Chelsea and another residence in the Chelsea area. The gang kept handguns at both locations to protect their drug operations, as well as for other gang activities. 

The prosecution of Mejia arose out of an investigation of various street gangs, including the 18th Street Gang, ESMG and the Boylston Street Gang, which were responsible for fueling a gun and drug pipeline across a number of cities and towns in eastern Massachusetts. During the course of the investigation, over 70 firearms were seized.

United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; John Gibbons, U.S. Marshal for the District of Massachusetts; Maura Healey, Attorney General of Massachusetts; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Boston Police Commissioner William Gross; Chelsea Police Chief Brian Kyes; and Brockton Police Chief John Crowley, made the announcement today. The U.S. Attorney’s Office also acknowledges the assistance of the Suffolk and Middlesex County Sheriff Departments and the Malden, Revere and Everett Police Departments. Lelling’s Organized Crime and Gang Unit is prosecuting the case.

BOSTON – A Boston man and a Randolph man were indicted today in federal court in Boston with conspiring to deal firearms illegally. 

Charles A. Slayden, Jr., 25, of Boston, was charged with conspiracy to deal in firearms without a license. Levenson Merilus, 28, of Randolph, was charged with one count of conspiracy to deal in firearms without a license and one count of making false statements to acquire firearms from a licensed dealer.

According to court documents, Slayden and Merilus conspired to purchase firearms from a licensed dealer and re-sell them for profit to individuals in Boston. In furtherance of this conspiracy, Merilus purchased at least seven guns from a licensed dealer, falsely claiming to be purchasing them for himself.

The charge of conspiring to deal in firearms without a license provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000.  The charge of making false statements to acquire firearms from a licensed dealer provides for a sentence of no greater than ten years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today.

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

BOSTON – Six men were charged in federal court in Worcester today with various narcotics, firearms and conspiracy offenses. 

According to the charging documents, Junior Melendez, Shaun Walker, and Keith Johnson, all of Worcester, conspired to rob a high end glass pipe dealer in Rockland in March 2019. That attempt was thwarted by law enforcement, who arrested Johnson and Walker for possession of a firearm. Melendez was also charged for conspiring with Angel Cordova, Juan Rodriguez, and Antoine Mack to possess with intent to distribute, and to distribute, cocaine and crack cocaine. Mack was also charged as a felon in possession of a firearm after he was arrested in Worcester on May 24, 2019, in possession of a loaded .380 caliber handgun.

As alleged in court documents, Melendez is a convicted felon, and has previously served 109 months in federal prison for drug and firearms violations. Melendez is the alleged leader of the Massachusetts chapter of the Almighty Vice Lords street gang. Several of the men arrested also allegedly have ties to the gang. 

The defendants are charged by criminal complaint are:

1. Junior Melendez, 39, of Worcester, arrested and charged with Hobbs Act conspiracy to interfere with commerce by robbery; conspiracy to use or carry a firearm during and in relation to a crime of violence; and conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base;
2. Keith Johnson, 38, of Worcester, presently in state custody and charged federally with Hobbs Act conspiracy to interfere with commerce by robbery; conspiracy to use or carry a firearm during and in relation to a crime of violence; and felon in possession of a firearm;
3. Shaun Walker, 42, of Worcester, arrested and charged with Hobbs Act conspiracy to interfere with commerce by robbery;
4. Antoine Mack, 37, of Pawtucket, R.I., presently in state custody and charged federally with conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base and felon in possession of a firearm;
5. Juan Rodriguez, 28, of Worcester, arrested and charged with conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base;
6. Angel Cordova, 35, of Worcester, arrested and charged with conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base.

This morning, agents executed numerous search warrants, which resulted in the seizure of five firearms, 600 rounds of ammunition, approximately $10,000 cash, as well as various amounts of cocaine and crack cocaine.

The charge of Hobbs Act conspiracy to interfere with commerce by robbery provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of up to $250,000.  The charge of conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of up to $1 million. The charge of conspiracy to use or carry a firearm during and in relation to a crime of violence provides for a sentence of no greater than ten years in prison, three years of supervised release and a fine of up to $250,000. The crime of being in felon in possession of a firearm 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 on 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; Worcester Police Chief Steven M. Sargent; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Colonel Christopher Wagner, Superintendent of the New Hampshire State Police; Worcester Sheriff Lewis G. Evangelidis; Shrewsbury Police Chief James Hester, Jr.; and Pawtucket Police Chief Tina Goncalves, made the announcement today. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office are prosecuting the case. 

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

BOSTON – A Norwood woman was arrested this morning and charged in federal court in Worcester with distributing synthetic marijuana into state correctional facilities. 

Caitlin Marcey, 27, was charged by criminal complaint with distribution of a controlled substance. Marcey was released on conditions following an initial appearance.

According to charging documents, on two separate occasions, Marcey mailed papers soaked in synthetic marijuana, or “K2,” to Massachusetts correctional facilities. Massachusetts jails combat the illegal introduction of synthetic marijuana –often referred to as “K2” – into the facilities. The most common means of doing so is by soaking or spraying synthetic marijuana onto documents and then transporting those documents, either in person or by mail, into the jail, where they can be smoked. It is common to attempt to include documents soaked in synthetic marijuana in mailings disguised as legal mail, as this mail is generally not subjected to rigorous screening due to attorney-client privilege. 

In November 2018, investigators at the Souza Baranowksi Correctional Center (SBCC) in Lancaster, Mass., monitored recorded jail calls during which Marcey allegedly arranged for the delivery of synthetic marijuana. Investigators subsequently intercepted mail sent by Marcey that purport to be an attorney mailing to an SBCC inmate. The records inside the mailing tested positive for synthetic marijuana. 

Similarly, in December 2018, Marcey was allegedly caught on U.S. Post Office security video mailing a package disguised as being sent by an attorney to an inmate at the Worcester County House of Corrections. The contents of that mailing also tested positive for the presence of synthetic marijuana. 

The 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 of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; Worcester County Sheriff Lew Evangelidis; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorneys Greg A. Friedholm and John T. Mulcahy of Lelling’s Worcester Branch Office are prosecuting the case. 

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

BOSTON – Opioid manufacturer Insys Therapeutics agreed to a global resolution to settle the government’s separate criminal and civil investigations, the Department of Justice announced today. As part of the criminal resolution, Insys will enter into a deferred prosecution agreement with the government, Insys’s operating subsidiary will plead guilty to five counts of mail fraud, and the company will pay a $2 million fine and $28 million in forfeiture. As part of the civil resolution, Insys agreed to pay $195 million to settle allegations that it violated the False Claims Act.

Both the criminal and civil investigations stemmed from Insys’s payment of kickbacks and other unlawful marketing practices in connection with the marketing of Subsys.  Insys’s drug Subsys is a sublingual fentanyl spray, a powerful, but highly addictive, opioid painkiller. In 2012, Subsys was approved by the Food and Drug Administration for the treatment of persistent breakthrough pain in adult cancer patients who are already receiving, and tolerant to, around-the-clock opioid therapy. 

Today, the U.S. Attorney’s Office for the District of Massachusetts filed an Information charging Insys and its operating subsidiary with five counts of mail fraud. According to the charging document, from August 2012 to June 2015, Insys began using “speaker programs” purportedly to increase brand awareness of Subsys through peer-to-peer educational lunches and dinners. However, the programs were actually used as a vehicle to pay bribes and kickbacks to targeted practitioners in exchange for increased Subsys prescriptions to patients and for increased dosage of those prescriptions. One practitioner targeted by Insys was a physician’s assistant who practiced with a pain clinic in Somersworth, N.H.  During the first year that Subsys was on the market, the physician’s assistant did not write any Subsys prescriptions for his patients. In May 2013, the physician’s assistant joined Insys’s sham speaker program knowing that it was a way to receive kickbacks for writing Subsys prescriptions. After joining the sham speaker program, the physician’s assistant wrote approximately 672 Subsys prescriptions for his patients – many of which were medically unnecessary – and in turn, received $44,000 in kickbacks from Insys.

As part of the criminal resolution, Insys agreed to a detailed statement of facts outlining its criminal conduct with respect to the illegal marketing of Subsys. Insys will enter into a five-year deferred prosecution agreement, while Insys’s operating subsidiary will plead guilty to five counts of mail fraud pursuant to the plea agreement that will be filed in the District of Massachusetts. According to the terms of the criminal resolution, Insys will pay a criminal fine of $2 million and forfeiture of $28 million. The Court has not yet scheduled the plea hearing. Last month, five former Insys executives were convicted after trial of racketeering conspiracy in connection with the marketing of Subsys. In total, eight company executives have now been convicted by the U.S. Attorney’s Office in Massachusetts for crimes relating to the illegal marketing of Subsys.

In April 2018, the United States intervened in five qui tam lawsuits accusing Insys of violating the False Claims Act. In its civil complaint, the United States alleged that Insys, headquartered in Arizona, paid kickbacks to induce physicians and nurse practitioners to prescribe Subsys for their patients. Many of these kickbacks took the form of speaker program payments for speeches to physicians that were, in fact, shams; jobs for the prescribers’ relatives and friends; and lavish meals and entertainment. The United States also alleged that Insys improperly encouraged physicians to prescribe Subsys for patients who did not have cancer, and lied to insurers about patients’ diagnoses in order to obtain reimbursement for Subsys prescriptions that had been written for Medicare and TRICARE beneficiaries.

Insys also entered into a 5-year Corporate Integrity Agreement (CIA) and Conditional Exclusion Release with the U.S. Department of Health and Human Services, Office of Inspector General. Because of the extensive cooperation provided by Insys in the prosecution of culpable individuals and its agreement to enhanced CIA requirements, OIG elected not to pursue exclusion of Insys at this time. The CIA includes several novel provisions, including enhanced material breach provisions, designed to protect federal health care programs and beneficiaries.  In addition, Insys admitted to a Statement of Facts and acknowledged that the facts provide a basis for permissive exclusion. OIG did not release its permissive exclusion authority, as it generally does for CIA parties in False Claims Act settlements. Instead, OIG will provide such a release only after Insys satisfies its obligations under the CIA.

“This criminal resolution today with Insys, coupled with the convictions of the 8 executives, shows this Office’s resolve to hold both corporations and individuals accountable for their crimes,” said United States Attorney for the District of Massachusetts Andrew E. Lelling. “For years, Insys engaged in prolonged, illegal conduct that prioritized its profits over the health of the thousands of patients who relied on it. Today, the company is being held responsible for that and for its role in fueling the opioid epidemic.  This global resolution is the culmination of years of work by prosecutors and agents, and these successful prosecutions and civil enforcement efforts should be a model for confronting corporate criminal activity.”

“The opioid epidemic is a plague that has devastated communities and ravaged families across this country,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department of Justice is committed to using the legal tools at our disposal to combat the illegal marketing and distribution of opioids, including fentanyl. Today’s settlement sends a strong message to pharmaceutical manufacturers that the kinds of illegal conduct that we have alleged in this case will not be tolerated. I want to assure the families and communities ravaged by this epidemic that the Department of Justice will continue to act forcefully to hold opioid manufacturers accountable for their actions.”

 “Today’s settlement underscores our determination to hold opioid manufacturers accountable for pushing these highly addictive narcotics on the public via kickbacks to doctors and nurses, and other illegal means,” said United States Attorney for the Central District of California Nick Hanna. “Our goal is to bring about an end to the tragic epidemic of opioid addiction and to go after those who profit from that epidemic.”

“Paying bribes and providing other incentives to prescribe opioids with little regard to patient welfare surely signals a company is more concerned with profits than patients,” said Christian J. Schrank, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “Today’s settlement reaffirms our commitment to ensuring that companies pay a very heavy price for attacking vital government health programs.”

“The announced settlement is a vivid example of the Department of Defense's dogged efforts to protect the integrity of the U.S. military’s health care system and its beneficiaries,” said Bryan D. Denny, Special Agent in Charge of the Defense Criminal Investigative Service, Western Field Office. “DCIS remains committed to working with its law enforcement partners and the U.S. Attorney’s Office to combat health care fraud, especially when pharmaceutical companies use taxpayers’ dollars to induce physicians with bribes and kickbacks to prescribe their drugs for unauthorized off-label usage that may very well endanger the recipient's health and safety.”

“I applaud the Department of Justice and the U.S. Attorney for their continued efforts to hold pharmaceutical companies accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”

The allegations resolved by the civil settlement stem from five lawsuits that were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to bring suit on behalf of the United States for false claims and share in any recovery.  The lawsuits are: United States, et al., ex rel. Guzman v. Insys Therapeutics, Inc., et al., 13-cv-5861; United States ex rel. Andersson v. Insys Therapeutics, Inc., 14-cv-9179; United States ex rel. John Doe and ABC, LLC v. Insys Therapeutics, Inc., et al., 14-cv-3488; United States ex rel. Erickson and Lueken v. Insys Therapeutics, Inc., 16-cv-2956; and United States ex rel. Jane Doe, et al. v. Insys Therapeutics, et al., 16-cv-7937.  The whistleblowers’ share of the settlement announced today has not yet been determined.         

These matters were handled by the United States Attorney’s Office for the District of Massachusetts; the Justice Department’s Civil Division; the United States Attorney’s Office for the Central District of California; and the Department of Health and Human Services, Office of Inspector General. Investigations were conducted by the Federal Bureau of Investigation, Boston Field Division; the Food and Drug Administration, Office of Regulatory Affairs; the Drug Enforcement Administration, New England Field Division; Department of Defense, Defense Criminal Investigative Service; U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; U.S. Postal Inspection Service’s Boston Division; United States Postal Service, Office of Inspector General, Northeast Area Field Office; Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division; Office of Personnel Management, Office of Inspector General; and the Defense Health Agency. 

BOSTON – A Hull man was sentenced today in federal court in Boston in connection with a long-running scheme to defraud the company for which he served as the Chief Financial Officer (CFO).

Robert A. Saltzberg, 69, was sentenced by U.S. District Court Judge Allison D. Burroughs to 24 months in prison, three years of supervised release, and ordered to pay restitution of $1,360,000 to the victim and $342,000 to the IRS. In February 2019, Saltzberg pleaded guilty to one count of mail fraud and five counts of filing false tax returns.

From 1998 through 2014, Saltzberg was the CFO of a precision metal fabrication company in Franklin, of which he was a 50% co-owner. As CFO, Saltzberg was responsible for day-to-day accounting and finance operations. He also maintained complete control over the company’s financial activities, including preparing and maintaining the company books, records, and financial statements. 

From 2005 to 2015, Saltzberg used his position as CFO to embezzle more than $1 million from the company by writing company checks to himself and to creditors to pay personal expenses, and then fraudulently recording the expenditures as business expenses on the company’s books.

In addition, the company’s tax preparer unknowingly relied upon the false bookkeeping information from Saltzberg to prepare the corporate tax returns. From 2005 through 2014, Saltzberg caused false expenses to be reported on the corporate returns, resulting in a lower reported company net income. Furthermore, because the company is an S-Corporation, and its net income passes through to its shareholders, the understated net income subsequently understated Saltzberg’s personal income as reported on his tax returns in those years. As a result, Saltzberg evaded paying more than $300,000 in federal taxes.

United States Attorney Andrew E. Lelling; Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; 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 Victor A. Wild of Lelling’s Securities and Financial Fraud Unit prosecuted the case.

BOSTON – A Dracut man pleaded guilty today to bribing a United States Navy contracting officer on two occasions in connection with federal construction projects worth approximately $1 million in Singapore.

Hector Sanchez, 53, pleaded guilty to two counts of bribery of a public official.  U.S. District Court Senior Judge George A. O’Toole, Jr. scheduled sentencing for Sept. 19, 2019.

Sanchez was the President and co-owner of P&S Construction Inc. (P&S), a general contracting corporation headquartered in Chelmsford. In 2016, Sanchez paid a total of $15,000 to a contracting officer of the Naval Facilities Engineering Command Far East in Singapore (NAVFAC Far East) in exchange for the contracting official’s assistance in circumventing the assessment of liquidated damage of more than $69,000 against P&S. In recorded conversations between Sanchez and the Naval contracting officer, Sanchez stated that the liquidated damage assessments would negatively impact P&S’ ability to obtain government contracting work in the future. Subsequently, Sanchez delivered $10,000 in June 2016 and $5,000 in December 2016 to the Naval contracting officer in Singapore while federal agents conducted covert surveillance. During recorded conversations, Sanchez told the contracting official that P&S was “looking for the LDs [liquidated damages] to go away.” Sanchez also stated, “This is the first time we’re doing something, okay? Let’s keep it up … This is not a onetime deal … This is business.”

The charge of bribery of a federal public official provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000, or three times the monetary equivalent of the bribe, whichever is greater. 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 Leo S. Lamont, Special Agent in Charge, Naval Criminal Investigative Service, Northeast Field Office, made the announcement today. Assistant U.S. Attorney William F. Bloomer of Lelling’s Criminal Division is prosecuting the case.

BOSTON – A Dominican national previously residing in Lawrence pleaded guilty today in federal court in Boston to Social Security fraud and aggravated identity theft.

Yonelin Manuel Baez Soto, 24, pleaded guilty to three counts of false representation of Social Security numbers and three counts of aggravated identity theft. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for Sept. 19, 2019. Baez Soto will be subject to deportation proceedings upon completion of any sentence imposed.

On Oct. 15, 2014, Oct. 17, 2014, and Aug. 4, 2015, Baez Soto applied for a Massachusetts learner’s permit and/or a Massachusetts identification card using the name, date of birth and Social Security number of a Puerto Rican born United States Citizen.  In September 2018, law enforcement agents encountered Baez Soto when he was serving a sentence at Essex County Correctional Facility for possession with intent to distribute fentanyl in the Puerto Rican man’s identity. Baez Soto was identified from, among other things, a fingerprint match with a Dominican Republic identification document issued to him and bearing his photo.    

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 run consecutive to any other term imposed, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.  

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

BOSTON – A Dominican national was indicted today in federal court in Boston on charges of fentanyl distribution and illegally reentering the United States.

Francisco Alberto Martinez, 49, a Dominican national residing in Peabody, was indicted on distribution of 40 grams or more of fentanyl and unlawful reentry of a deported alien. Martinez was previously charged by criminal complaint and was detained following an initial appearance in federal court on May 14, 2019. 

According to court documents, Martinez first unlawfully entered the United States on an unknown date. In December 1996, he became a legal permanent resident (LPR), but in 2011, he was convicted in federal court in Boston of cocaine conspiracy and sentenced to 66 months in prison. Upon completion of his sentence in 2014, Martinez lost his LPR status and was deported to the Dominican Republic. On May 1, 2019, Martinez sold fentanyl in Peabody. On May 14, 2019, law enforcement officers arrested Martinez in Peabody and determined that he was illegally present in the United States.

The charge of distribution of fentanyl provides for a minimum sentence of five years and no greater than 40 years in prison, four years of supervised release, and a fine of up to $5 million. The charge of illegal reentry provides for 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.  Martinez 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Peabody Police Chief Thomas M. Griffin made the announcement. The Boston Organized Crimes Drug Enforcement Task Force (OCDETF); Massachusetts Department of Correction; Norfolk Sheriff’s Office; the Peabody, Concord, Reading, Watertown, Braintree, Waltham, Woburn, Salem, Revere, and Beverly Police Departments; and the Suburban Middlesex County Drug Task Force assisted with the investigation. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

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

BOSTON – A retired Massachusetts State Police (MSP) Lieutenant and a suspended MSP Trooper were sentenced today in connection with the ongoing investigation of overtime abuse at the state agency.

Retired MSP Lieutenant David Wilson, 58, of Charlton, was sentenced by U.S. District Court Judge Richard G. Stearns to one day (deemed served), two years of supervised release with the first six months to be served in home detention, and restitution of $12,450.  Suspended MSP Trooper Heath McAuliffe, 41, of Hopkinton, was sentenced by U.S. District Court Judge Denise Casper to one day (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. Wilson and McAuliffe previously pleaded guilty to one count of embezzlement from an agency receiving federal funds.  The government recommended six months incarceration for both Wilson and McAuliffe. 

Wilson, who served as the Officer-in-Charge of several overtime shifts, received overtime pay for shifts from which he left early or did not work at all. Specifically, in 2016, Wilson earned approximately $259,475, which included approximately $102,062 in overtime pay. During that year, the investigation revealed that Wilson earned approximately $12,450 in overtime pay for 124.5 AIRE overtime hours that he did not work.

In 2016, McAuliffe, who was assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90, earned approximately $164,680, which included approximately $60,908 in overtime pay. In 2015, McAuliffe earned approximately $180,215, which included approximately $83,496 in overtime pay. 

The conduct involves overtime pay for selective enforcement initiatives, specifically the Accident and Injury Reduction Effort program (AIRE), which is intended to reduce accidents, crashes, and injuries on I-90 through an enhanced presence of MSP Troopers and targeting vehicles traveling at excessive speeds.

Wilson and McAuliffe were required to work the entire duration of the four hour shift and truthfully report the date, time and sector of deployment on the citations issued during the shift. However, Wilson and McAuliffe admitted that they had been paid for hours they did not work, and for overtime shifts from which they left early. Wilson and McAuliffe concealed the fraud by submitting false paperwork and citations that were issued outside of the overtime shifts and that had been altered to create the appearance that they were issued during overtime shifts.   

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. 

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 are prosecuting the case.

BOSTON – A Mexican national was sentenced yesterday in federal court in Boston for passport fraud.

Patricia Cedeno-Larios, 52, a Mexican national residing in Haverhill, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to time served and was immediately taken into administrative custody by Homeland Security Investigation agents pending deportation. In December 2018, Cedeno Larios pleaded guilty to making false statements in a passport application.

In March 2008, Cedeno Larios entered a Boston post office and 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. 

United States Attorney Andrew E. Lelling; William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration Office of Inspector General made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Criminal Division prosecuted the case.

BOSTON – A Worcester man pleaded guilty today in connection with drug trafficking charges.

Freiber Betancourth, 30, pleaded guilty to one count of conspiring to distribute fentanyl and heroin and one count of distributing fentanyl and heroin. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 29, 2019.  

Betancourth worked for a Massachusetts Department of Transportation / EZ Pass contractor in Auburn, Mass. Between June and September 2018, Betancourth distributed heroin and fentanyl on multiple occasions, including in the parking lot outside of his workplace. In addition, he stored drugs in his office. Betancourth obtained these drugs from Albeiro Gomez, sold the drugs to a particular customer, and then provided most of the cash proceeds to Gomez.

Gomez, 48, of Worcester, was indicted on May 16, 2019, on charges of distribution of heroin and fentanyl.

Betancourth faces a minimum sentence of five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $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 Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Massachusetts Attorney General’s Office and the Massachusetts State Police provided assistance with the investigation.  Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.

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