FEDERAL DISTRICT ARCHIVE
District of Massachusetts
Press releases recorded for this federal judicial district.
Dominican National Pleads Guilty to Misuse of A Social Security NumberRead the Press Release
BOSTON – A Dominican national pleaded guilty yesterday in federal court in Boston to misusing a Social Security number.
Adys Sanchez, 47, pleaded guilty to one count of misuse of a Social Security number. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for May 30, 2019. In April 2018, Sanchez was indicted and later arrested in Miami, Fla.
In April 2014, Sanchez represented that a Social Security number belonging to another person was her own in an application for a driver’s license renewal at the Massachusetts Registry of Motor Vehicles.
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 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office; Scott Antolik, Special Agent in Charge of the Social Security Administration Office of Inspector General; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
Cape Cod Woman Sentenced for Mail FraudRead the Press Release
BOSTON – A Cape Cod woman was sentenced yesterday in federal court in Boston for her role in a fraudulent lottery scheme.
Ashley Barrett, 26, of Hyannis, was sentenced by U.S. District Court Judge Denise J. Casper to 21 months in prison, three years of supervised release, and ordered to pay $325,148 in restitution. In November 2018, Barrett pleaded guilty to one count of mail fraud.
Between September 2012 and January 2016, Barrett and others devised a scheme to defraud elderly victims across the country by falsely representing to them that they had won millions of dollars in a lottery, and that, in order to receive their winnings, they had to pay taxes or fees. Twelve elderly victims sent Barrett wire payments and checks totaling $325,148. This amount does not include envelopes of cash that victims mailed to Barrett.
The victims include a 73-year old farmer from Iowa, who is a Vietnam veteran, Purple Heart recipient, and cancer survivor. The victim received a call stating that he had won the Mega Millions lottery but first had to pay taxes on his winnings. After paying some money and then stopping, the victim was contacted by a man purporting to be a federal agent who promised to help the victim get his money back from the “lottery scammers.” This person told the victim to send money to Barrett, who supposedly was also a federal agent. The victim subsequently sent Barrett checks totaling $27,098.
Another victim was a 73-year old retiree who lives in Pennsylvania with her husband, a bedridden Korean War veteran. The victim received calls stating that she had won $10 million in a lottery, plus cars and a truck, but that she had to pay taxes and customs fees up front. The victim sent Barrett checks totaling $26,000. As a result of being scammed by Barrett and others, the victim and her husband have lost their home, an RV, a truck, and their credit.
Another victim was a Florida widow with no children. In 2015, the victim, suffering from dementia, told her nephew that someone claiming to be Ashley Barrett had called and told her she had won the lottery. The victim sent Barrett checks totaling $25,000. The victim died last year at age 93 from Alzheimer’s disease.
Another victim is a 77-year old widow who lives alone in Pennsylvania. She received calls saying she had won the Mega Millions lottery and a car. Later a man claiming to be a federal agent called the victim and said he knew that she had been sending money to various people, and that she would be arrested for money laundering unless she mailed money to Barrett. She sent Barrett checks totaling $18,000. The victim, who had retired early from her job as a nurse, lost all her retirement savings to Barrett and other scammers. As a result, she has had to take two part-time jobs, each paying $8/hour, to make ends meet.
Other victims include a Navy veteran who lived in Arkansas until his death in 2015 at age 87, who sent Barrett $149,050 in wire transfers and checks; an 88-year old South Carolina woman who sent Barrett $43,500 in wire transfers and checks; an 84-year old Indiana woman who sent Barrett checks totaling $18,000; an 80-year old woman in Georgia who sent Barrett a check for $9,000; an 84-year old Kentucky man who sent Barrett a check for $8,000; a 90-year old Illinois man who sent Barrett a check for $5,000; an 89-year old woman who wired $3,000 to Barrett; and an 87-year old Texas man who wired Barrett $2,000. A 13th victim, a 95-year old woman in West Virginia, mailed Barrett an $8,000 check that was intercepted by postal inspectors.
If you or someone you know has been the victim of elder abuse, see the Elder Abuse Resource Roadmap for help: https://www.justice.gov/elderjustice/roadmap
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 Christine Wichers of Lelling’s Major Crimes Unit prosecuted the case.
Two Malaysian Nationals Indicted for Conspiring to Illegally Export Firearm Parts to Hong KongRead the Press Release
BOSTON – Two Malaysian nationals were indicted today for conspiring to illegally export firearm parts from the United States to Hong Kong.
Lionel Chan, 35, a resident of Brighton, and Muhammad Mohd Radzi, 26, who resides in Brooklyn, N.Y., were each indicted on one count of conspiring to violate the Arms Export Control Act. Chan was also indicted for obstruction of justice. On Jan. 31, 2019, Chan and Radzi were arrested and charged by criminal complaint.
According to the indictment, beginning in or around March 2018, Chan began purchasing a variety of U.S.-origin firearm parts online, including parts used to assemble AR-15 assault rifles and 9MM semi-automatic handguns, for a buyer located in Hong Kong. Many of the firearm parts that Chan purchased and exported to Hong Kong are defense articles that are designated on the United States Munitions List and therefore cannot be exported from the United States without first obtaining an export license or written authorization from the U.S. Department of State. Nonetheless, Chan allegedly shipped the firearm parts via Federal Express to the buyer in Hong Kong without first obtaining the necessary export licenses. Chan intentionally concealed the contents of the shipments by providing Federal Express with false information about the shipments, and by concealing the parts inside of each package. Between March and May 2018, Chan allegedly shipped at least 12 packages containing firearm parts from Brighton to the buyer in Hong Kong.
In or around April 2018, Radzi allegedly joined the conspiracy and began illegally exporting firearm parts to Hong Kong as well. Between May and October 2018, Radzi allegedly shipped 21 packages from Brooklyn, N.Y., to the buyer in Hong Kong. In October 2018, two of those packages were interdicted by Hong Kong authorities and found to contain numerous firearms parts, including a firing pin and gun sight, which are defense articles and controlled under Category I of the United States Munitions List. Like Chan, Radzi failed to obtain an export license for any of these shipments.
In addition to the conspiracy charge, Chan was also indicted for obstructing justice. According to the indictment, during a flight from Dublin, Ireland to Boston on January 2, 2019, Chan deleted text messages between himself and the buyer in Hong Kong regarding the illegal export of firearm parts from the United States to Hong Kong without the necessary export licenses.
The charge of conspiring to illegally export firearms provides for a sentence of no greater than five years in prison, one year of supervised release and a $250,000 fine. The charge of obstructing justice provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The Massachusetts State Police and U.S. Customs and Border Protection also assisted with the investigation. Assistant U.S. Attorneys George P. Varghese and Jason A. Casey of Lelling’s National Security Unit are prosecuting the case.
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.
Medford Woman Sentenced for Social Security, Medicare, MassHealth and SNAP Benefit FraudRead the Press Release
BOSTON – A Medford woman was sentenced yesterday in federal court in Boston for fraudulently receiving Social Security disability benefits, Medicare, MassHealth and Supplemental Nutrition Assistance Program (SNAP) benefits.
Stephanie DiPierro, 39, was sentenced by U.S. District Court Judge William G. Young to one year and one day in prison, three years of supervised release, and ordered to pay $108,288 in restitution. In November 2018, DiPierro pleaded guilty to three counts of theft of public funds, two counts of making false statements, and one count of falsely representing a Social Security number. In November 2017, DiPierro was arrested, charged and released on conditions.
From October 2007 through May 2017, DiPierro stole $73,288 in Social Security benefits, $8,455 in Medicare benefits, $8,615 in MassHealth benefits and $17,929 in SNAP benefits. In September 2015, she falsely informed the Massachusetts Department of Transitional Assistance that she did not have any income other than her Social Security benefits when, in fact, she was receiving income as a result of her work as a personal care attendant. DiPierro falsely told Social Security in March 2016, while she was working as a personal care attendant, that she did not take care of any other individual. DiPierro also falsely represented her Social Security number on a time sheet submitted in connection with her work as a personal care attendant.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; Phillip M. Coyne, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Service’s Boston Regional Office; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts, made the announcement. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.
Former CFO of Manufacturing Company Pleads Guilty to Mail Fraud and Tax ChargesRead the Press Release
BOSTON – A Hull man pleaded guilty 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, 68, pleaded guilty to one count of mail fraud and five counts of filing false tax returns. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for June 5, 2019.
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.
During this period, Saltzberg used his position as CFO to embezzle more than $1 million from the company by writing checks paying company funds to himself or 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 false 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. Saltzberg also failed to report the embezzled income on his personal income tax returns. As a result, Saltzberg evaded paying more than $300,000 in federal taxes.
The charge of mail fraud 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 filing false tax returns provides for a sentence of no greater than three years in prison, 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; 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 is prosecuting the case.
Dominican National Sentenced for Passport FraudRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for passport fraud.
Robinson Radhames Villar, 41, a Dominican national residing in Leominster, was sentenced by U.S. District Court Judge Denise J. Casper to one year and one day in prison and will be subject to deportation upon completion of his sentence. In October 2018, Villar pleaded guilty to making false statements in a passport application.
In December 2011, Villar entered a Jamaica Plain 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 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. Attorneys Sandra S. Bower and Lauren A. Graber of Lelling’s Criminal Division prosecuted the case.
Worcester Man Charged with Illegal Firearm PossessionRead the Press Release
BOSTON - A Worcester man appeared in federal court in Worcester today to face an illegal firearm possession charge.
Christopher Brown, 34, was charged on Feb. 19, 2019, with one count of being a felon in possession of a firearm. He appeared in federal court in Worcester this afternoon and was returned to state custody where he is currently held on pretrial detention.
According to the charging document, on Nov. 25, 2018, Brown was arrested for carrying a Taurus .38 Revolver loaded with four rounds of ammunition. Brown is prohibited from possessing a firearm due to prior convictions punishable by more than one year in prison.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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.
Worcester Man Charged with Making False Statement in Naturalization ApplicationRead the Press Release
BOSTON – A man residing in Worcester was arrested today and charged in federal court in Boston with making a false statement on an application for naturalization.
John Doe, a/k/a Richard Cheremeh, whose true age, name, and nationality are unknown, was charged with one count of making a false statement relating to naturalization and one count of aggravated identity theft.
According to the indictment that was unsealed today, on July 31, 2014, Doe falsely stated on an application for naturalization that he had never given any U.S. government official any information or documentation that was false, fraudulent, or misleading.
The charge of making a false statement relating to naturalization 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. 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. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; and Denis C. Riordan, District Director, U.S. Citizenship and Immigration Services, District 1, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lynn CPA Pleads Guilty to Mortgage and Tax ChargesRead the Press Release
BOSTON – A Lynn accountant pleaded guilty today in federal court in Boston to assisting a multi-year mortgage fraud scheme by creating fraudulent tax returns and submitting fraudulent letters to lenders.
David Plunkett, 53, of Lynn, pleaded guilty to one count of bank fraud and one count of aiding in the submission of false tax returns. U.S. District Court Judge Richard G. Stearns scheduled sentencing for June 25, 2019.
George Kritopoulos, 46, of Salem, one of the alleged leaders of the mortgage fraud scheme, was indicted in September 2018, and has pleaded not guilty. Co-conspirator, Joseph Bates III, 38, of Lynnfield, pleaded guilty in October 2018 to one count of conspiracy, three counts of wire fraud affecting a financial institution, and two counts of bank fraud.
According to the charging documents, from 2006 through 2015, Bates and others engaged in a scheme to defraud banks and other financial institutions by causing false information to be submitted to those institutions on behalf of borrowers – people recruited to purchase properties – located primarily in Salem. The properties were usually multi-family buildings with two-to-four units, which the co-conspirators then converted into condominiums. The co-conspirators recruited other borrowers to purchase the individual condominium units, which were also financed by fraudulent mortgage loans.
The false information submitted to lenders included, among other things, representations concerning the borrowers’ employment, income, assets, and intent to occupy the property. Specifically, the false employment information included representations that borrowers were employed by entities that were, in fact, shell companies used to advance the fraudulent scheme. The employment information included false representations about the income that the borrowers received from the entities, when, in fact, the borrowers received little or no income from them. Furthermore, the income asserted on the borrowers’ loan applications substantially overstated their true income. The false information also included representations that the recruited borrowers intended to live in the properties that they were purchasing, when the borrowers, in fact, did not intend to do so.
Plunkett assisted the scheme by preparing tax returns for some of the borrowers that contained false and inflated income. Some of those tax returns were submitted to lenders in support of the fraudulent loan applications. Plunkett also signed letters falsely representing that his CPA firm had prepared corporate tax returns for one of the shell entities, when in fact no such returns had ever been prepared or filed.
Because the borrowers did not have the financial ability to repay the loans, in many instances, they defaulted on their loan payments, resulting in foreclosures and millions of dollars of losses to the financial institutions.
The charge of bank fraud provides for a sentence of no greater than 30 years in prison, five years of supervised release, and a fine of $1 million, or twice the gross gain or loss, whichever is greater. The charge of aiding in filing a false tax return provides for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeastern Regional Office; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys Mark J. Balthazard and Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Sentenced to 10 Years in Prison for Heroin and Fentanyl TraffickingRead the Press Release
BOSTON – A Dominican national was sentenced in federal court in Boston today to 10 years in prison for trafficking heroin and fentanyl.
Elin Robinson Mejia Romero, 52, a Dominican national formerly residing in Hyde Park, was sentenced by U.S. District Court Judge Allison D. Burroughs to 10 years in prison and will be subject to deportation proceedings upon completion of his sentence. In September 2018, Mejia Romero was convicted by a federal jury of conspiracy to possess heroin and more than 40 grams of fentanyl, two counts of possession with intent to distribute heroin, one count of possession with intent to distribute fentanyl, and one count of possession with intent to distribute more than 40 grams of fentanyl. Romero previously pleaded guilty to a separate federal charge of illegally re-entering the country after being deported.
On five occasions between January 2017 and June 2017, Romero sold a total of over 100 grams of heroin and/or fentanyl to a cooperating witness. Agents recorded each transaction and laboratory results confirmed that the drugs were heroin and fentanyl. An additional 300 grams of fentanyl and other drug distributing paraphernalia were recovered during a search at a location in Hyde Park.
In 2008, Romero was convicted in federal court in Boston of conspiracy to distribute one kilogram or more of heroin and five kilograms or more of cocaine. He was sentenced to 46 months in prison and was deported to the Dominican Republic after completing his sentence.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. Assistance was also provided by Customs and Border Protection and the Attleboro Police Department. Assistant U.S. Attorneys Leah B. Foley and Lauren A. Graber of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Dominican National Pleads Guilty to Conspiring to Distribute FentanylRead the Press Release
BOSTON – A Dominican national pleaded guilty today in federal court in Boston to his role in a conspiracy to distribute fentanyl.
Sergio Manuel Lara-Suarez, a/k/a Sergio Manuel Lara-Juarez, 42, a Dominican national residing in Lawrence, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl; five counts of distribution of 40 grams or more of fentanyl; and two counts of distribution of fentanyl. U.S. District Court Judge Indira Talwani scheduled sentencing for May 16, 2019. Lara-Suarez was charged by superseding indictment in November 2018.
Between September 2017 and March 2018, Lara-Suarez conspired with others to distribute significant quantities of fentanyl or a mixture containing both fentanyl and heroin to undercover law enforcement officers. During that period, Lara-Suarez met with undercover agents 11 times and sold them over 430 grams of fentanyl. Lara-Suarez has been in state custody since August 2018.
The charge of conspiring to distribute and to possess with intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years of supervised release, and a fine of up to $10 million. The charge of distribution of 40 grams or more of fentanyl carries a mandatory minimum sentence of five years and no greater than 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. The charge of distribution of fentanyl carries a sentence of no greater than 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Lara-Suarez will be subject to deportation proceedings. 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 Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case
Italian National Extradited for Cocaine TraffickingRead the Press Release
BOSTON – An Italian national was extradited and made an initial appearance in federal court in Boston yesterday in connection with various drug charges related to trafficking cocaine on board maritime vessels.
Gabriele Biondo, a/k/a El Italiano, was arraigned on one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States, and one count of possession with intent to distribute and distribution of five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. Biondo is an Italian national who was extradited to the United States from Spain.
The conspiracy and distribution charges each provide for a sentence of no greater than life in prison, a life term of supervised release and a $10 million fine. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement. Valuable assistance was provided by the Colombian National Police, the Spanish Guardia Civil, and the Portuguese Air Force. Assistant U.S. Attorney Linda Ricci, Chief of Lelling’s Narcotics and Money Laundering Unit, is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Guatemalan National Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national pleaded guilty yesterday in federal court in Boston to illegally reentering the United States after deportation.
Octaviano Boche, 36, pleaded guilty to one count of illegal reentry of a previously deported alien. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for May 15, 2019. Boche is currently being detained in state custody on an unrelated matter.
In September 2018, a warrant was issued by the Framingham District Court charging Boche with rape of a child. On Sept. 7, 2018, U.S. Customs and Border Protection located and arrested Boche at the Fort Worth Airport in Texas as he attempted to board a flight to Guatemala. Boche was transported to Massachusetts where he is currently awaiting trial. Between 2004 and 2016, Boche was deported seven times.
The charge of illegal reentry carries a sentence of no greater than two years in prison, one year of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; Judson W. Murdoch II, Director of Field Office Operations, Customs and Border Protection, Houston; and Middlesex County District Attorney Marian T. Ryan made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case
Worcester Food Market Settles Allegations of Food Safety Law ViolationsRead the Press Release
BOSTON – A retail food market in Worcester – warned on four occasions since October 2013 by federal investigators about food safety violations – has entered into a consent decree with the government stipulating that it will not violate food safety laws, and that it will be subject to strict penalties if violations are found in the future.
Boaben Enterprises Inc., d/b/a J&W Aseda Marketplace, and its owners, Vida Causey and Wilton Causey, have entered into a consent decree that permanently enjoins them from violating the Federal Meat Inspection Act (FMIA). The government filed its complaint after a series of U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) surveillance activities of J&W Aseda Marketplace showed that the defendants had purchased, offered for sale, and sold meat products that were not inspected by the FSIS, and that they had failed to maintain appropriate business records concerning the purchase and sale of these products. The proposed consent decree was filed with the court and is awaiting judicial approval. Under the consent decree, USDA investigators will continue to have broad access to the premises of J&W Aseda Marketplace or any other establishment where Vida Causey and/or Wilton Causey sell, or offer for sale, meat food products. The defendants will also face significant financial penalties for any further violations of the FMIA.
“The sale of uninspected meat products is a significant health risk to consumers,” said United States Attorney Andrew E. Lelling. “This consent decree is designed to prevent this business, and its owners, from further jeopardizing the health of customers.”
“FSIS investigators are working hard every day to protect consumers,” said Carmen Rottenberg, FSIS Administrator. “We take our job to protect public health very seriously with swift action to ensure that American families have safe food to eat.”
U.S. Attorney Lelling and FSIS Administrator Rottenberg made the announcement today. Assistant United States Attorney Steven Sharobem of Lelling’s Civil Division handled the case.
U.S. Attorney's Office Collects More Than $5 Billion in Fiscal Year 2018Read the Press Release
BOSTON - U.S. Attorney Andrew E. Lelling announced today that the District of Massachusetts collected more than $5.213 billion in criminal and civil actions in Fiscal Year 2018. Of this amount, more than $4.9 billion was collected by the District alone - $25,028,095 in criminal actions, and $4,906,284,211 in civil actions.
The District of Massachusetts also worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $282,208,233 in cases pursued jointly. As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2018. The $14,839,821,650 in collections in FY 2018 represents nearly seven times the appropriated $2.13 billion budget for the 94 U.S. Attorneys’ Offices.
In addition to these civil and criminal collections, the District of Massachusetts was also responsible for the forfeiture of $20,788,659 in criminal proceeds, or other property involved in crimes, in Fiscal Year 2018.
“I’m proud of the work the prosecutors in my office have done to secure more than $5 billion in civil and criminal collections, and asset forfeitures, in 2018 alone,” said U.S. Attorney Andrew E. Lelling. “The District of Massachusetts has long been a leader in financial recoveries in the areas of health care fraud, securities fraud and civil settlements, and we will continue to aggressively pursue collections that return money to victims of crime and U.S. taxpayers, and that deprive criminals of their ill-gotten gains.”
“The men and women of the U.S. Attorneys’ offices across the country work diligently, day in and day out, to see that the citizens of our nation receive justice. The money that we are able to recover for victims and this country as a whole is a direct result of their hard work,” Director James A. Crowell, IV, Executive Office for U.S. Attorneys.
In August 2018, the District of Massachusetts announced a $4.9 billion settlement with the Royal Bank of Scotland Group, which was the largest penalty ever imposed on a single entity by the Justice Department for financial crisis-era misconduct.
U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws, or fines for other fraudulent conduct. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.
Settlement with City of Holyoke Will Address Pollution in Connecticut RiverRead the Press Release
BOSTON – The City of Holyoke has entered into a proposed consent decree with federal and state enforcement authorities agreeing to take critical remedial action to prevent future sewage discharges into the Connecticut River from the City’s sewer collection system.
The consent decree, filed today in federal court, is the result of an enforcement action brought by the Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA), and the Massachusetts Attorney General’s Office, on behalf of the Massachusetts Department of Environmental Protection (MassDEP). According to complaints filed with the consent decree, Holyoke allegedly discharged pollutants into the Connecticut River in violation of its wastewater permits intended to limit combined sewer overflow (CSO) discharges to the Connecticut River from the City’s collection system and failed to properly operate and maintain its sewer system.
“By entering into this consent decree, Holyoke will take important and necessary steps to prevent pollutants from entering the Connecticut River,” said United States Attorney Andrew E. Lelling. “This resolution will result in cleaner discharges from the City’s sewer system and a healthier environment for area communities.”
“This settlement will help us ensure that our businesses and families along the Connecticut River have access to clean and safe water,” Massachusetts Attorney General Maura Healey said. “We will continue to work with our partners to protect public health, our natural resources, and our economy.”
“This settlement is progress towards a cleaner Connecticut River and puts Holyoke on a path to improving its water infrastructure in a way that will substantially reduce pollution,” said EPA New England Acting Regional Administrator Deb Szaro. “EPA is committed to working with cities like Holyoke to find practical and cost-effective ways to improve infrastructure and to advance the healthy and clean iconic waterways that make New England so special.”
“The Long-term Control Plan to address CSOs is a significant step toward a cleaner Connecticut River,” said MassDEP Commissioner Martin Suuberg. “Upon submittal of Holyoke’s Long-term Control Plan, all Massachusetts communities discharging to the Connecticut River have either completely eliminated their combined sewer overflow (CSO) discharges or are subject to a final Long-term Control Plan to address the remaining CSOs.”
In addition to a wastewater treatment facility, Holyoke owns and operates a sewer collection system that services approximately 70 percent of the City, two-thirds of which carries both sewage and stormwater. Most of the time, the combined system transport all wastewater to the facility for treatment. However, during periods of heavy rain the wastewater volume can exceed the capacity of the sewer system or the treatment facility and the excess wastewater will discharge to the Connecticut River without treatment. CSO discharges contain raw sewage and are a major water pollution concern.
The complaints allege that from at least 2012, Holyoke discharged untreated pollutants from its sewer system in violation of its permits and both the federal Clean Water Act and the state Clean Waters Act. In 2015, for example, the City reported discharging 133 million gallons of untreated effluent during wet weather, and during a 2012 inspection, EPA identified 40 potential overflows in dry weather. The complaints also allege that the City periodically discharges sewage and other pollutants into the Connecticut River outside its sewer system, such as through manholes that flow to storm drains.
The proposed consent decree requires Holyoke to develop an enforceable, long-term plan to control discharges from the City’s sewer system by Dec. 31, 2019. Holyoke has already begun work on developing this plan and has submitted a scope of work, which EPA and MassDEP have approved. While the City had taken steps over the years to address its unlawful sewer discharges pursuant to a number of EPA-issued administrative orders, it remained in noncompliance with its permits and both the federal Clean Water Act and the state Clean Waters Act. Once the City submits the plan, the consent decree calls for the parties to negotiate what further steps the City must take regarding the discharges.
The consent decree does not assess a civil penalty against the City for its violations at this time. Holyoke, however, is subject to vigorous reporting requirements to ensure compliance with the terms of the consent decree. If the City fails to comply, it may be subject to penalties as high as $2,500 per each day of violation.
This settlement is part of EPA’s National Compliance Initiative to keep raw sewage and contaminated stormwater out of our nation’s waters. Raw sewage overflows and inadequately controlled stormwater discharges from municipal sewer systems introduce a variety of harmful pollutants, including disease causing organisms, metals and nutrients that threaten our communities’ water quality and can contribute to disease outbreaks, beach and shellfish bed closings, flooding, stream scouring, fishing advisories and basement backups of sewage. Read more about the initiative at: https://www.epa.gov/enforcement/national-compliance-initiative-keeping-raw-sewage-and-contaminated-stormwater-out-our.
The proposed consent decree is subject to a 30-day public comment period and approval by the federal court. Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department website at https://www.justice.gov/enrd/consent-decrees.
U.S. Attorney Lelling, Massachusetts Attorney General Healey, Acting EPA Regional Administrator Czaro, and MassDEP Commissioner Suuberg made the announcement today. The case is being handled by Assistant U.S. Attorney Brian M. LaMacchia of Lelling’s Civil Division and Assistant Attorney General I. Andrew Goldberg of Healey’s Environmental Protection Division.
Newton Physician to Pay $680,000 to Resolve Allegations of Medicare and Medicaid FraudRead the Press Release
BOSTON – The U.S. Attorney’s Office announced today that Dr. Hooshang Poor, a Newton geriatric medicine physician, has agreed to pay $680,000 to resolve allegations that he violated the False Claims Act by submitting inflated claims to Medicare and the Massachusetts Medicaid program (MassHealth) for care rendered to nursing home patients.
In the settlement agreement, the government contends that, between May 31, 2017, and June 1, 2011, Dr. Poor submitted inflated claims for nursing home care by assigning false procedural codes that overstated the length, extent, and scope of services he and his employees furnished to nursing home residents. The government further contends that Dr. Poor did not abide by MassHealth limitations on the frequency of billable visits and did not use required modifier codes when billing for care his non-physician employees provided, causing MassHealth to reimburse inflated amounts for those services.
“Dr. Poor enriched himself at taxpayer expense by improperly billing Medicare and Medicaid,” said United States Attorney Andrew E. Lelling. “We will continue to work with our law enforcement partners to ensure that federal and state health care dollars are spent properly.”
“It’s our agency’s mission to ensure government health funds are spent properly,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services Office of Inspector General. “Working with our Federal and State partners, we will continue to hold accountable any medical professional who bills Medicare and Medicaid for more intensive and expensive services than those actually provided.”
Under the terms of the agreement with the United States and the Commonwealth of Massachusetts, Dr. Poor will pay $265,896 to the Medicare program and $414,103 to the Medicaid program.
U.S. Attorney Lelling and HHS-OIG SAC Coyne made the announcement today. This matter handled by Assistant U.S. Attorney David J. Derusha of Lelling’s Office and Assistant Attorneys General Kevin Lownds and Gregory Matthews of the Massachusetts Attorney General’s Medicaid Fraud Division.
Former Massachusetts Man Pleads Guilty to Conspiracy to Hide $486,000 from Federally Insured Financial InstitutionRead the Press Release
BOSTON – A former Massachusetts man pleaded guilty yesterday in federal court in Springfield to his role in a conspiracy to hide money from a federally insured financial institution.
Jeffrey Borer, 59, formerly of Hatfield, pleaded guilty to one count of conspiracy to make false statements to a federally insured financial institution and one count of false statements to a federally insured financial institution. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for July 17, 2019.
In August 2011, Borer and another person owed Wells Fargo Bank approximately $1.32 million in outstanding loans. In March 2012, Borer’s sister, who was acting as their bookkeeper, received approximately $1.1 million, which related to a judgment from a Honduran court, in her Massachusetts bank account. The share of these funds belonging to Borer and the other person was $486,000. A few days later, Borer sent an e-mail to his sister to “keep [the] bulk” of their funds in her account because “Wells Fargo might be conducting an asset search on us to try and recover on the judgments. Just transfer what is needed to pay bills as they arrive.” Borer’s sister distributed their funds from her account as he requested.
On or about May 24, 2012, Borer’s sister prepared a false personal financial statement for Borer, stating that he and the other person only had $4,200 of cash in the bank. Borer provided the statement to Wells Fargo, which relied upon it to negotiate their debt. On Oct. 31, 2012, Borer executed a settlement agreement with Wells Fargo, in which the bank agreed to forgive Borer’s personal obligations in exchange for a payment of only $50,000. Wells Fargo would not have settled for $50,000 had it known that Borer and the other individual had received $486,000 in cash from the Honduran judgment.
On Sept. 20, 2018, Borer’s sister pleaded guilty to these same charges. Her sentencing is scheduled for April 25, 2019.
The false statements charge provides for a maximum sentence of thirty years in prison, a maximum of five years of supervised release, and a fine of $250,000. Sentences are imposed 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. Assistant U.S. Attorney Steven H. Breslow of Lelling’s Springfield Branch Office is prosecuting the case.
Chicopee Police Officer Pleads Guilty to Immigration FraudRead the Press Release
BOSTON – A Chicopee police officer pleaded guilty yesterday in federal court in Springfield in connection with immigration fraud.
Nhac Duy Truong, 44, of East Longmeadow, pleaded guilty to one count of immigration fraud. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for May 29, 2019. 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. Truong was charged in November 2018.
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.
The charge of immigration fraud provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
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 is prosecuting the case.
Boston Man Sentenced for Role in 2016 KidnappingRead the Press Release
BOSTON – A Dorchester man was sentenced yesterday in federal court in Boston for his role in a 2016 kidnapping.
Ban Tran, a/k/a “Bo,” 26, was sentenced by U.S. District Court Judge Leo T. Sorokin to eight months in prison, one year of supervised release and ordered to pay a fine of $5,000. On Nov. 14, 2018, Tran pleaded guilty to misprision of kidnapping.
Co-defendants Vinh Quang Huynh, Quang PT Le, and Kim Nguyen previously pleaded guilty to kidnapping, conspiracy to collect extensions of credit, and illegal gambling business. On May 8, 2018, Le was sentenced to six years in prison. Huynh and Nguyen have not yet been sentenced.
Tran was originally charged with kidnapping; however, as part of a plea agreement with the government, Tran pleaded guilty to a superseding information charging misprision of kidnapping.
On Nov. 14, 2016, Le, who was armed with a knife, and others, kidnapped a victim from in front of the victim’s residence, drove the victim to Dorchester, and beat the victim in an attempt to collect a gambling debt of $40,000. Le and others drove the victim home and demanded a payment of $10,000 the next day. Tran was present during the beating and followed the kidnappers in his car in an attempt to hide the kidnapping. The next day, the victim went to law enforcement and, under the direction of law enforcement officers, made a series of controlled, recorded payments to Le. Over the course of eight months, the victim made payments totaling $22,350 to Le. In August 2017, law enforcement arrested Le and others before the last payment was due.
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 Massachusetts Department of Correction assisted with the investigation. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit prosecuted the case.
Salvadoran National Charged with Passport Fraud and Identity TheftRead the Press Release
BOSTON – A Salvadoran national residing in Worcester was charged in federal court in Worcester yesterday with passport fraud and aggravated identity theft.
Neemias Pacheco-Santamaria, 33, was charged with one count of passport fraud and one count of aggravated identity theft. He appeared in federal court in Worcester yesterday and was ordered detained.
According to the charging document, in July 2018, Pacheco-Santamaria entered a Worcester Post Office and falsely used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a United States Passport. It is alleged that Pacheco-Santamaria committed aggravated identity theft by using the Social Security number of another person when submitting a false application for a passport.
The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office, made the announcement. Assistant U.S. Attorney Kristen M. Noto of Lelling’s Worcester Branch Office is prosecuting the case.
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.
New York Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
BOSTON - A New York man, formerly residing in Massachusetts, was sentenced today in federal court in Boston for failing to register as a sex offender.
Angel Luis Morales, 31, was sentenced by U.S. District Court Judge Indira Talwani to 18 months in prison and five years of supervised release. In November 2018, Morales pleaded guilty to one count of failing to register as a sex offender.
Between 2013 and 2014, Morales was convicted in New York and Massachusetts of multiple sex offenses including open and gross lewdness and indecent assault and battery. These offenses involved multiple victims, and as a result, Morales was designated a Level III sex offender and required, among other things, to register for life with the Sex Offender Registry Board in any state in which he resided, worked, or attended school.
In 2017, Morales registered with the Sex Offender Registry Board in Massachusetts listing a Roxbury address. In March 2018, law enforcement in New York discovered that Morales had relocated to Rochester, N.Y. and had not updated his registration in New York or notified officials in Massachusetts of his relocation.
On May 18, 2018, Morales was arrested in Rochester and charged in the Western District of New York with failing to register as a sex offender. Morales was ordered detained without bail. He then requested that his case be transferred back to Massachusetts.
United States Attorney Andrew E. Lelling; United States Attorney for the Western District of New York James P. Kennedy Jr.; John Gibbons, U.S. Marshal for the District of Massachusetts; and Rochester (N.Y.) Police Chief Mark Simmons made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Lowell Man Charged with Illegal FirearmRead the Press Release
BOSTON - A Lowell man was arrested yesterday and charged in federal court in Boston with being a felon in possession of a firearm.
Pablo L. Rivera, 53, was charged with one count of being a felon in possession of a firearm.
According to the charging document, on Feb. 8, 2019, during a motor vehicle stop, law enforcement recovered a loaded P-38 Walther 9mm firearm and six rounds of ammunition from the vehicle Rivera was driving. Rivera is prohibited from possessing a firearm due to prior convictions punishable by more than one year in person.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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.
Lowell Man Charged with Illegal FirearmRead the Press Release
BOSTON - A Lowell man was arrested yesterday and charged in federal court in Boston with being a felon in possession of a firearm.
Pablo L. Rivera, 53, was charged with one count of being a felon in possession of a firearm.
According to the charging document, on Feb. 8, 2019, during a motor vehicle stop, law enforcement recovered a loaded P-38 Walther 9mm firearm and six rounds of ammunition from the vehicle Rivera was driving. Rivera is prohibited from possessing a firearm due to prior convictions punishable by more than one year in person.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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.
Louisiana Teacher Pleads Guilty to Child EnticementRead the Press Release
BOSTON - A Louisiana teacher pleaded guilty today in federal court in Boston to child enticement related offenses.
Logan Procell, 25, pleaded guilty to one count of coercion and enticement of a minor and one count of transfer of obscene material to a minor. U.S. District Court Judge Denise J. Casper scheduled sentencing for June 3, 2019. Procell was indicted in October 2017 and has been in custody since.
Procell first contacted an 11-year-old Massachusetts girl via Snapchat after seeing her on a different online application that allows users to publish videos in real time. After obtaining her phone number, Procell began communicating with her by text. The child’s parent discovered approximately one month’s worth of their communications in September 2017. The exchange of more than 1600 messages contained sexually explicit images and messages sent by Procell to the child, including pictures of his penis, requests for her to send him pornographic images of herself, and discussions about meeting her to have sex. At the time of the offense, Procell was a chemistry teacher at a high school in Noble, La.
The charge of coercion and enticement of a minor carries a minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release, and a fine of up to $250,000. The charge of transfer of obscene material to a minor 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 judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Valuable assistance was provided by the Louisiana State Police and the Waltham Police Department. Assistant U.S. Attorneys Anne Paruti and Mackenzie Queenin are prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Former Bank Employee Pleads Guilty to EmbezzlementRead the Press Release
BOSTON – A former bank employee pleaded guilty today in federal court in Worcester in connection with embezzling money from client accounts held by the bank by which she was employed.
Jessica Vargas, 35, of Athol, pleaded guilty to one count of bank fraud and two counts of bank embezzlement. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for May 15, 2019. Vargas was charged by criminal complaint and arrested in March 2018.
Vargas was an employee of a federally-insured bank when she embezzled approximately $108,000 by making unauthorized cash withdrawals from customer accounts. Bank documentation showed that Vargas made unauthorized withdrawals from the accounts of various customers, including more than $53,000 from the account of an 84-year-old bank customer and almost $13,000 from the account of an 88-year-old customer.
For each count, Vargas faces a sentence of no greater than 30 years in prison, five years of supervised release, and a fine of $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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorneys Bill Abely and Kristen Noto of Lelling’s Criminal Division are prosecuting the case.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was sentenced yesterday in federal court in Boston for illegally reentering the United States after being deported.
Pablo Geraldo Baez Soto, 34, was sentenced by U.S. District Court Judge Indira Talwani to 18 months in prison and one year of supervised release. Baez Soto’s sentence is to be served consecutive to an 18 month sentence he is currently serving for a 2018 state conviction for distribution of heroin, cocaine, and fentanyl. Baez Soto will be subject to deportation upon completion of his sentences. In November 2018, Baez Soto pleaded guilty to one count of illegal reentry of a deported alien.
Baez-Soto was initially encountered by immigration officials in 2010, determined to be illegally present in the United States, and was deported to the Dominican Republic. Sometime thereafter, Baez-Soto illegally re-entered the United States and was arrested numerous times between 2014 and 2017.
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 prosecuted the case.
Worcester Man Sentenced to 15 Years in Prison for Distributing MethamphetamineRead the Press Release
BOSTON – A Worcester man was sentenced today in federal court in Worcester on federal methamphetamine charges.
Adam Germano, 37, was sentenced by U.S. District Court Judge Timothy S. Hillman to 15 years in prison, five years of supervised release, and ordered to pay forfeiture of $73,343. On Oct. 5, 2018, Germano pleaded guilty to conspiring to distribute and to distributing methamphetamine. Germano has been in custody since his arrest in March 2017.
Germano admitted to shipping large quantities of methamphetamine into Massachusetts, New Hampshire, and Florida, and to distributing methamphetamine to dealers and others in Massachusetts and New Hampshire in exchange for cash. In January 2017, Germano arranged for a package to be shipped via U.S. mail from Las Vegas to Worcester. The package was intercepted and found to contain more than two kilograms of approximately 97% pure methamphetamine. In March 2017, during a traffic stop in Concord, N.H., police located methamphetamine and a handgun hidden in the engine of the car that Germano was driving.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Valuable assistance was provided by the Merrimack and Concord (N.H.) Police Departments. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division prosecuted the case.
Whitinsville Woman Pleads Guilty to Conspiring to Distribute AdderallRead the Press Release
BOSTON – A Whitinsville woman pleaded guilty today in federal court in Worcester to her role in a conspiracy to distribute the amphetamine Adderall.
Meghan Giacomuzzi, 36, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute Adderall and six counts of distributing and dispensing Adderall. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for May 14, 2019. Giacomuzzi was charged by Information in November 2018.
Between October 2016 and February 2018, Giacomuzzi conspired with others to distribute Adderall, an amphetamine, for uses other than a legitimate medical purpose and not in the usual course of medical practice. While working for Leslie Caraceni, M.D., at her medical practice in Whitinsville, Giacomuzzi wrote prescriptions for controlled substances, including Adderall, for patients who had not been examined or diagnosed by Caraceni, using prescription pads provided by Caraceni, and then sold the prescriptions to patients. Giacomuzzi would then deliver cash payments to Caraceni at her residence or leave cash in the medical office for Caraceni to collect, while payments made by debit or credit card were paid to a bank account controlled by Caraceni.
Caraceni was charged in November 2018 and has pleaded not guilty and is awaiting trial.
The charge of conspiracy to distribute, dispense, and possess with intent to distribute Adderall carries a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. The charge of distributing, dispensing, and possessing with the intent of distributing Adderall also carries a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement today. Assistant U.S. Attorney Craig Estes of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
Chicopee Man Sentenced for Selling HeroinRead the Press Release
BOSTON - A Chicopee man was sentenced today in federal court in Springfield for distributing heroin.
Steven Brown, 28, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (three months) in prison and six years of supervised release. In October 2018, Brown pleaded guilty to one count of distribution and possession with intent to distribute heroin.
"In the midst of an opioid epidemic killing thousands of people a year, we are disappointed that the court gave a convicted, repeat [heroin] trafficker time served instead of the 15 years sought by the government," said U.S. Attorney Andrew E. Lelling.
On June 30, 2016, Brown sold 300 bags of heroin to a cooperating witness. Brown has previously been convicted in state court of drug distribution offenses six times between 2008 and 2013, and he was facing state drug charges at the time of this offense.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James M. Neiswanger made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.
Worcester Woman Pleads Guilty to Role in Two Methamphetamine ConspiraciesRead the Press Release
BOSTON – A Worcester woman pleaded guilty today in federal court in Worcester to methamphetamine charges.
Mindy Doherty, 35, pleaded guilty to two counts of methamphetamine conspiracy. U.S. District Judge Timothy S. Hillman scheduled sentencing for May 20, 2019.
In 2016, Doherty accepted packages of methamphetamine at her Worcester residence and wired money to an individual in California who was involved in the scheme. Doherty also shipped methamphetamine to Brian Zukowski, a co-conspirator who was in Florida, via Federal Express and U.S. Postal Service Priority Mail. Doherty sold methamphetamine to various individuals in Massachusetts and wired a portion of the proceeds to Zukowski or deposited proceeds into Zukowski’s bank account.
As part of a separate conspiracy, Doherty accepted packages of methamphetamine at her Worcester residence on behalf of another co-conspirator, Adam Germano, and subsequently provided a portion of this methamphetamine to Germano. Doherty traveled with Germano to Texas to acquire methamphetamine, and she carried thousands of dollars of cash on the flight. Doherty also wired money to Germano to be used for the acquisition of methamphetamine in Texas and Nevada. Even after Germano was arrested in March 2017, Doherty continued to distribute methamphetamine in and around Worcester.
Germano and Zukowski have pleaded guilty to methamphetamine-related charges. In November 2018, Zukowski was sentenced to 28 months in prison. Germano is scheduled to be sentenced tomorrow.
Doherty faces a mandatory five years and up to life in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Criminal Division is prosecuting the case.
Methuen Man Indicted for Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Methuen man was charged in federal court in Boston with illegal possession of a firearm and ammunition.
Michael O’Neil, 37, was indicted on one count of being a felon in possession of a firearm and ammunition. O’Neil was arrested on Dec. 1, 2018, in Andover, when police seized a loaded .380 caliber pistol from him. He has been in state custody since that time and will appear in federal court at a later date. O’Neil is prohibited from possessing a firearm due to a prior conviction punishable by more than one year in prison.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, 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; Essex County District Attorney Jonathan W. Blodgett; 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. Assistant U.S. Attorney Evan Panich of Lelling’s Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Massachusetts State Trooper Agrees to Plead Guilty in Overtime Abuse InvestigationRead the Press Release
BOSTON – A suspended Massachusetts State Police Trooper agreed to plead guilty in connection with the ongoing investigation of overtime abuse at the Massachusetts State Police (MSP).
Heath McAuliffe, 40, of Hopkinton, agreed to plead guilty pursuant to a plea agreement to one count of embezzlement from an agency receiving federal funds. A date for the plea hearing has not yet been scheduled.
According to court documents, McAuliffe was a Trooper assigned to Troop E, which was responsible for enforcing criminal and traffic regulations along the Massachusetts Turnpike, Interstate I-90.
In 2016, McAuliffe 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.
McAuliffe was paid for overtime shifts that he did not work at all, for which he arrived late, and from which he left early. McAuliffe concealed his fraud 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.
McAuliffe agreed to plead guilty to collecting $7,860 for overtime hours that he did not work between August of 2015 and August of 2016. Pursuant to the plea agreement, the government will recommendation a sentence of between six to twelve months incarceration.
The overtime in question involved the Accident and Injury Reduction Effort program (AIRE), which was 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 and 2015, MSP received annual benefits from the U.S. Department of Transportation in excess of $10,000, which were funded pursuant to numerous federal grants.
Thus far, eight MSP troopers have been charged in the ongoing investigation. Seven have previously pleaded guilty.
The charge of theft of government funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. 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 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.
The details contained in the court documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Pleads Guilty to Social Security FraudRead the Press Release
BOSTON – A Dominican national residing in Lynn pleaded guilty yesterday in federal court in Boston to Social Security fraud.
Kelvin Bautista Valdez, 32, pleaded guilty to one count of false representation of a Social Security number. U.S. District Court Judge Denise J. Casper scheduled sentencing for May 20, 2019. Bautista Valdez was arrested and charged in a July 2018 federal law enforcement sweep of 25 individuals accused of document and benefit fraud.
Dubbed “Double Trouble,” the July 2018 investigation was aimed at detecting, deterring and disrupting organizations and individuals involved in various types of document, identity and benefit fraud schemes.
On Jan. 20, 2015, Bautista Valdez, applied for a Massachusetts driver’s license 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 Valdez was issued a driver’s license 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, Office of Investigations; Adam Schneider, Acting 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.
One Romanian National Sentenced for Racketeering Conspiracy, ATM Skimming and Aggravated ID TheftRead the Press Release
BOSTON – One Romanian national was sentenced and two Romanian nationals pleaded guilty yesterday in federal court in Boston in connection with an ATM skimming scheme operating throughout Massachusetts and other states including Connecticut, New York and South Carolina.
Florinel Vaduva, 22, was sentenced by U.S. District Court Judge William G. Young to three years in prison, three years of supervised release, and ordered to pay restitution of $50,453.12. In October 2018, Vaduva pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, conspiracy to use counterfeit access devices, and aggravated identity theft.
In a separate hearing, Ion Vaduva, 38, and Florin Hornea, 37, each pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity and conspiracy to use counterfeit access devices. Hornea also pleaded guilty to aggravated identity theft. Judge Young scheduled their sentencing hearings for May 7, 2019. In May 2017, Florinel Vaduva, Ion Vaduva and Florin Hornea and 11 others were indicted in connection with the ATM skimming scheme. A superseding indictment later added another defendant.
The defendants, except for one, were members of the Hornea Crew, led by Constantin Denis Hornea and Ludemis Hornea, and engaged in ATM skimming – obtaining debit card numbers and PINs from unsuspecting bank customers, creating counterfeit cards, and making unauthorized withdrawals from the victims’ bank accounts.
Over an 18 month period, the Crew installed skimming devices and made unauthorized withdrawals in seven states, including Massachusetts. In particular, members of the Crew installed skimming devices in the following locations: Amherst, Bellingham, Billerica, Braintree, Chicopee, Quincy, Southwick, Waltham, Weymouth, and Whately, Mass.; Enfield, Conn.; Columbia, Greenville, Greenwood, Mauldin, and Saluda, S.C.; Savannah, Ga.; and Yadkinville, N.C. The Crew made unauthorized withdrawals at ATMs in approximately 29 Massachusetts towns; seven Connecticut towns; six New York towns; Salem, N.H.; and Sumter, S.C.
Members of the Hornea Crew transferred money throughout the United States and to Romania and the People’s Republic of China. Some of those transfers were for the purchase of skimming devices and related components from abroad.
In May 2018, Judge Young sentenced Constantin Denis Hornea, 23, to 65 months in prison, three years of supervised release and ordered him to pay $242,141 in restitution and a money judgment of $54,260. Ludemis Hornea, 21, was sentenced to 42 months in prison, which includes credit for 15 months served on a state sentence, three years of supervised release and ordered him to pay $57,422 in restitution and a money judgment of $11,124. Of the 15 charged defendants, eight have been sentenced, four have pleaded guilty and awaiting are sentencing, one is awaiting trial, and two have not been arrested.
The charge of conspiracy to conduct enterprise affairs through a pattern of racketeering conspiracy 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 conspiracy to use counterfeit access devices provides for a sentence of no greater than five years in prison, three years of supervised release, and fine of $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutive to any other sentence imposed, up to one year of supervised release, and a maximum fine of $250,000. The defendants are subject to deportation proceedings. 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 Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today. Assistance with the investigation was also provided by the Internal Revenue Service’s Criminal Investigations in Boston; U.S. Secret Service; U.S. Postal Service; Massachusetts Department of Correction; U.S. Customs and Border Protection; the Amherst, Billerica, Braintree, Boston, Quincy, Southwick, Waltham, Whately, and Westwood Police Departments; Connecticut State Police; Greenwich Police Department; the New York City Police Department; Houston Police Department; South Carolina Law Enforcement Division; Richland County (South Carolina) Sheriff’s Department; Florence and Saluda (South Carolina) Police Departments; and the Solicitor’s Offices of Greenville and Saluda Counties. Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
The details contained in the charging document are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Ludlow Couple Plead Guilty to Mail Fraud, Identity Theft, and Tax EvasionRead the Press Release
BOSTON – A Ludlow couple pleaded guilty yesterday in federal court in Springfield to mail fraud, identity theft, and tax evasion.
Joanne Murray, 54, and James Murray, 53, each pleaded guilty to an Information charging them with one count of conspiracy to commit mail fraud, aggravated identity theft, and tax evasion.
From approximately 2010 through 2015, the Murrays, along with others, engaged in a scheme to defraud the Federal Home Loan Mortgage Corporation, commonly known as Freddie Mac. Joanne worked at a Springfield real estate brokerage, which managed hundreds of foreclosed properties owned by Freddie Mac.
In the scheme, Joanne, James, and others, agreed to submit fraudulent “reimbursements” by the brokerage to Freddie Mac for James’ company, amounting to approximately $1,372,099 in repair, improvement, and maintenance projects. After Freddie Mac paid the purported reimbursements, the brokerage paid James approximately 90% of those amounts and retained an approximate 10% skim. Joanne ensured that James’s company would win these projects by submitting fraudulent bids to Freddie Mac by purported competitors. To avoid detection by Freddie Mac, Joanne submitted bids in a friend’s name, without his knowledge, instead of James’ company, for work that was ultimately performed by James’ company. The Murrays also agreed to submit similar fraudulent requests for reimbursement of minor cleaning projects for James’ relative, amounting to approximately $68,960, in exchange for the brokerage’s retention of approximately 10% of the relative’s payments.
In addition, from 2012 through 2014, the Murrays willfully evaded payment on outstanding federal tax debts based upon their 2008, 2009, 2010, and 2011 tax years by cashing numerous checks from the brokerage totaling approximately $461,030 rather than depositing those checks into their bank accounts. Lastly, in 2014, the Murrays jointly filed an individual federal income tax return that under-reported their gross receipts by approximately $151,178.
The conspiracy charge provides for a sentence of no greater than five years in prison, up to five years of supervised release, and a fine of $250,000. The aggravated identity theft charges provide for a mandatory two year sentence consecutive to any other term of imprisonment. The tax evasion charge provides for a sentence of no greater than of five years in prison, a maximum of five years of supervised release, and a fine of $100,000. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Robert Manchak, Acting Special Agent in Charge of the Federal Housing Finance Agency; Kristina O’Connell, Special Agent In Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division; John Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, made the announcement. Assistant U.S. Attorneys Steven H. Breslow and Deepika Shukla of Lelling’s Springfield Branch Office are prosecuting the case.
Brazilian National Pleads Guilty to ATM SkimmingRead the Press Release
BOSTON – A Brazilian national pleaded guilty yesterday in federal court in Boston to charges of ATM skimming in towns north of Boston.
Alexandre Kawamura, 43, pleaded guilty to two counts of using counterfeit access devices (debit and credit cards), four counts of possessing device-making equipment (ATM skimming devices and pinhole cameras), and two counts of aggravated identity theft. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for April 17, 2019. Kawamura, who legally entered the U.S. on a tourist visa, will be subject to deportation after he completes his sentence.
Kawamura placed hidden skimming devices and pinhole cameras on Eastern Bank ATMs in Saugus, Stoneham, Medford, and Everett, every day between February 25 and March 16, 2018, when he was arrested. The purpose of the skimming devices was to record bank account information on the magnetic strips of debit and credit cards that unwitting victims inserted into the ATMs. The purpose of the pinhole cameras was to capture the victims’ PINs as they were entered on the ATM keypads.
On March 8, 2018, Kawamura possessed a counterfeit debit card with a magnetic strip that contained the stolen bank account number of a Milton woman. At an ATM in Malden, Kawamura used the card and the victim’s PIN to withdraw $500 cash from the victim’s account.
On March 16, 2018, Kawamura used a counterfeit credit card to buy clothing at a sporting goods store in Medford. The name on the card was an alias, and the card’s magnetic strip contained the stolen Eastern Bank account number of a Medford man, whose account had been compromised the day before.
Kawamura was arrested on March 16 after a bank customer called police to report that he had found a skimming device on a drive-up ATM at an Eastern Bank branch in Stoneham. Police responded and discovered that the pinhole camera was still attached to the ATM. They set up surveillance and waited for the suspect to return. Kawamura drove up to the ATM in a rental car shortly before 11 pm. He appeared to look for the skimming device and then drove off. Stoneham police stopped the car and discovered that the driver had a Brazilian passport in his real name and had rented the car under an alias. Kawamura was in possession of the counterfeit credit card that he had just used to buy clothing at the sporting goods store.
The charging statute for using a counterfeit access device 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. The charge of possessing device-making equipment provides for a sentence of no greater than 15 years in prison, three years of supervised release, and a fine of $250,000. The charging statute for 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. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
East Longmeadow Man Arrested for Marijuana TraffickingRead the Press Release
BOSTON – An East Longmeadow man was arrested on Friday, Feb. 8, 2019, and charged in federal court in Springfield for marijuana trafficking.
John Americo Pereira, 33, was charged with possession with intent to distribute marijuana. He appeared in federal court in Springfield this afternoon and was ordered detained pending a detention hearing.
According to court documents, since January 2018, law enforcement have been investigating Pereira and others for distributing marijuana. A search warrant was executed on Feb. 8, 2019, at Pereira’s home where agents discovered approximately $688,000 in a safe and 260 pounds of suspected marijuana. Additional search warrants have been executed at locations in East Longmeadow, Springfield and Ellington, Conn., where law enforcement have discovered, in total, more than 1,000 pounds of marijuana.
Pereira faces 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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Lelling’s Springfield Branch Office and Trial Attorney Marianne Shelvey, of the U.S. Department of Justice, Criminal Division, Organized Crime and Gang Section, are prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney's Office Launches New Opioid Abuse Prevention Public Service AnnouncementsRead the Press Release
BOSTON – Today, U.S. Attorney Andrew E. Lelling announced the launch of a new wave of public service announcements primarily aimed at increasing awareness about the dangers and consequences of abusing, selling and sharing opioids. The ads can be found at www.justice.gov/usao-ma/ResistTheRisk.
The scope of the opioid crisis requires a multi-faceted government response that includes educating the public about opioids to prevent addiction before it starts. The U.S. Attorney’s Office, with insight and feedback from various stakeholders, including local law enforcement and first responders, public health professionals, high school students, and formal and informal focus group participants, developed various public service announcements that provide targeted information about opioids. The ads tackle a wide variety of topics such as what constitutes an opioid, the importance of properly storing prescription medications, the dangers associated with abusing pain pills – including mixing pain pills with alcohol or other controlled substances, as well as the laws associated with sharing and distributing opioids, and the legal rights afforded to individuals living with opioid dependence.
“Our mission at the Justice Department is not just to prosecute crime but to prevent it,” said U.S. Attorney Lelling. “We are in the midst of a major public health crisis. Every day federal authorities see people whose lives are being destroyed by opioids, whether those drugs came from street-level dealers or diverted prescriptions. By this point, every drug dealer knows that heroin and fentanyl are killing thousands of people a year, and I will continue to seek the highest sentences available for those who prey on addicts by selling them these deadly substances. But that’s not enough: we should also play a role in educating the public about the dangers of recreational opioid use, of counterfeit pills bought on the street, of mixing prescription opioids with alcohol or other controlled substances, and about the need for increased treatment and rehabilitation opportunities for people in the grip of opioid addiction.”
The new public service announcements released today supplement existing materials launched in November 2017. The new wave includes four 30-second videos (produced by Ted Reed Productions, LLC), six short audio messages, and an animation. The ads will be disseminated widely across both traditional and digital media platforms – from recreational venues, cinemas, television and radio stations, to online music streaming sites, Google advertising, and the most popular social media platforms. While each message addresses a different aspect of the crisis, they all serve the same goal: prevention.
For more information about the campaign, please visit www.justice.gov/usao-ma/ResistTheRisk.
U.S. Attorney's Letter Announcing Launch of PSAs to Address Opioid CrisisRead the Press Release
United States Attorney Andrew E. Lelling offers a new wave of public service announcements designed primarily to increasing awareness about the dangers and consequences of abusing, selling and sharing prescription opioids.
Over the past few years, Massachusetts has ranked as one of the hardest hit in the nation with opioid-related overdose deaths. To help address the crisis, the U.S. Attorney’s Office has created these radio and TV PSAs to remind the public of the dangers of opioid abuse.
“Our mission at the Justice Department is not just to prosecute crime but to prevent it,” said U.S. Attorney Lelling. “We are in the midst of a major public health crisis. We should play a role in educating the public about the dangers of recreational opioid use; of counterfeit pills bought on the street; of mixing prescription opioids with alcohol or other controlled substances; and about the need for increased treatment and rehabilitation opportunities for people in the grip of opioid addiction.”
The new opioid-related PSAs released by the U.S. Attorney’s Office features four :30 TV PSAs and six :30 second radio PSAs. Each of the messages address a different aspect of the opioid crisis.
By utilizing these Massachusetts-based PSAs in your daily programming, you will help to educate the citizens of Massachusetts.
For more information contact: Kristina Mastropasqua, Public Affairs Specialist, United States Attorney’s Office, at kristina.mastropasqua@usdoj.gov or 617-748-3147
Hyannis Woman Pleads Guilty to Smuggling CocaineRead the Press Release
BOSTON – A Hyannis woman pleaded guilty today in federal court in Springfield in connection with a cocaine smuggling conspiracy.
Cristina M. Delle Femine, 28, pleaded guilty to one count of conspiring to import cocaine and one count of conspiring to possess with intent to distribute cocaine. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for June 6, 2019. Delle Femine was arrested in Maine on Oct. 23, 2017, and appeared in federal court in Springfield later that month.
Around May 2017, Delle Femine conspired to import cocaine into the United States from Jamaica and conspired to possess with the intent to distribute cocaine.
The charges of conspiracy to import cocaine and conspiracy to possess with intent to distribute cocaine each provide 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 and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office is prosecuting the case.
Charlestown Man Pleads Guilty to Bank RobberyRead the Press Release
BOSTON - A Charlestown man pleaded guilty yesterday in federal court in Boston to bank robbery.
Robert H. Brady, 41, pleaded guilty to one count of bank robbery. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for May 7, 2019. Brady is currently in federal custody.
On June 28, 2018, an individual, later identified as Brady, entered a branch of the Cambridge Savings Bank in Charlestown, approached a teller, and demanded the bank’s money - stating words to the effect of: “Give me everything or I will come back and blow this place up.” The teller gave Brady money from her cash drawer, which included a GPS tracking device. Brady then fled the scene.
Law enforcement activated the GPS tracking device, and a short time later, located and arrested Brady. At the time of his arrest, Brady was in possession of the bank’s money and the GPS tracking device.
The charge provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Boston Police Commissioner William Gross made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Biotech Company Employee Pleads Guilty to Securities Fraud ChargesRead the Press Release
BOSTON – An employee of PixarBio Corp., a Boston-based biotech company, pleaded guilty yesterday to securities fraud charges in connection with a scheme to defraud investors and manipulate the company’s shares.
M. Jay Herod, 52, of Cambridge, pleaded guilty to one count of securities fraud and one count of obstruction of an agency proceeding. In April 2018, Herod was initially charged by criminal complaint and arrested with co-defendant Frank Reynolds, the former chief executive officer of PixarBio. Reynolds has pleaded not guilty.
Herod admitted that, beginning in or about December 2016, he engaged in manipulative trades in PixarBio stock that were intended to simulate market demand for the stock and thereby artificially inflate its price and trading volume. The trades included overlapping orders to buy and sell PixarBio shares at the same price per share (a manipulative technique known as “matched trading”), as well as small purchases submitted shortly before the market closed that were intended to boost the closing price (a technique known as “marking the close”). Herod admitted to sharing the proceeds of his trading with Reynolds and PixarBio itself.
Herod also admitted that, between January 2017 and September 2017, he made materially false statements to the Securities and Exchange Commission (SEC) and provided a back-dated document to the SEC, with the intent to obstruct the SEC’s investigation of trading in PixarBio shares.
The charges of securities fraud provide for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $5 million or twice the gross gain/loss, whichever is greater. The charge of obstruction of an agency proceeding provides for a sentence of no greater than five years in prison, one year of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Carl W. Hoecker, Inspector General of the U.S. Securities and Exchange Commission Office of Inspector General, made the announcement today. Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
The details contained in the court documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Brazilian National Currently Serving Murder Sentence Charged with Illegal ReentryRead the Press Release
BOSTON - A Brazilian national was indicted and charged with illegally reentering the United States after deportation.
Walter Gomes DaSilva, 47, was indicted on one count of illegal reentry after deportation. He appeared in federal court in Boston today.
According to court records, DaSilva was first encountered by law enforcement in 1998 while an inmate at the Bristol House of Corrections. At that time, DaSilva was serving a two-year sentence for domestic assault and battery. Upon completion of his sentence, he was placed in removal proceedings, and on Nov. 29, 1999, he was deported to Brazil.
Sometime thereafter, DaSilva illegally reentered the United States. In 2003, DaSilva was convicted in Middlesex Superior Court of assault and battery with a dangerous weapon and assault to kill and was sentenced to 8-10 years in prison. After completing his sentence, DaSilva was placed into removal proceedings, and on March 27, 2012, he was deported to Brazil.
DaSilva again illegally reentered the United States, and in 2016, he was charged in Bristol County with illegal possession of a firearm and the murder of his daughter. In 2018, DaSilva was convicted of murder and sentenced to 25-years-to-life in prison.
The charging statute provides for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Todd M. Lyons, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.
Brazilian National Charged with Making False Statements Concerning South Boston School ShootingRead the Press Release
BOSTON – A Brazilian national was arrested today and charged 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 illegally residing in Quincy, was arrested and charged in an indictment unsealed today with two counts of making false statements to federal authorities. De Lima will appear at 11:30 a.m. in federal court in Boston.
According to the charging documents, 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. It is alleged that 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. During an interview with 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.
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.
Bedford Man Charged with KidnappingRead the Press Release
BOSTON – A Bedford, Mass. man was arrested late last night on a federal arrest warrant in Key West, Fla., and charged in connection with a kidnapping that began in Concord, Mass., and ended in Connecticut.
Julian Field, 24, was charged with one count of kidnapping and will appear in federal court in Key West, Fla., on Friday, Feb. 8, 2019. Field will be brought to Massachusetts at a later date.
According to court documents, on the evening of Feb. 3, 2019, Field broke into the home of a Concord resident and forced the victim to drive him to a train station in Connecticut, first stopping in Springfield, Mass., to attempt to procure illegal drugs. Field ultimately allowed the victim to leave. Authorities subsequently tracked Field to Florida, where he was arrested.
The charge of kidnapping provides for a sentence of up to life in prison, up to five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation Boston Field Division; Concord Police Chief Joseph O’Connor; and Bedford Police Chief Robert Bongiorno made the announcement today. FBI Miami and the Monroe County (FL) Sheriff’s Office provided valuable assistance with the investigation. Assistant U.S. Attorney Anne Paruti with Lelling’s Criminal Division is prosecuting the case.
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.
Woburn Man Charged with Being a Felon in Possession of FirearmRead the Press Release
BOSTON – A Woburn man was indicted today in federal court in Boston for being a felon in possession of a firearm.
Vasily Hardy, 28, was indicted on one count of being a felon in possession of a firearm and ammunition. On Jan. 18, 2019, Hardy was charged by criminal complaint and arrested.
According to charging documents, on Nov. 14, 2018, a police officer conducted a vehicle stop after observing the driver committing multiple traffic violations. After identifying the driver as Hardy, the officer was informed over the radio that there was an active warrant for Hardy’s arrest. Hardy was subsequently arrested and his vehicle was searched. During the search, the officer recovered a Sig Sauer, semi-automatic pistol loaded with an eight-round magazine of .45 caliber ammunition as well as a second eight-round magazine. During an interview with law enforcement, Hardy confirmed that the handgun belonged to him and that he did not have a license to carry a firearm in Massachusetts. Further investigation revealed that Hardy was prohibited from possessing firearms and ammunition due to previous convictions, including assault and battery in 2012 and larceny from a person in 2013, which are each punishable by more than a year in jail.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Valuable assistance was provided by the Wellesley Police Department, Norfolk County District Attorney’s Office and the Hillsborough County Attorney’s Office in New Hampshire. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Criminal Division 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.
Physician Sentenced to Prison for False Billing SchemeRead the Press Release
BOSTON – A physician at the now-defunct New England Pain Management Associates Inc. was sentenced today in federal court in Boston for conspiring to falsify patient medical records in order to obtain payments from Medicare and commercial insurers for medical services that were not performed.
Moustafa Moataz Ibrahim Aboshady, 36, of Lake Forest, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 75 months in prison, three years of supervised release and ordered to pay restitution in the amount of $1,852,459. In September 2018, a federal jury convicted Aboshady of one count of conspiracy to make false statements in connection with health care benefit programs and two counts of making false statements in connection with health care benefit programs. In March 2018, co-conspirator Dr. Fathalla Mashali was sentenced to eight years in prison after pleading guilty to 27 counts of health care fraud, one count of conspiracy to commit mail fraud and 16 counts of money laundering.
“Mr. Aboshady helped Dr. Mashali operate one of the most dangerous pain management practices in Massachusetts,” said United States Attorney Andrew E. Lelling. “Dr. Mashali routinely dispensed large quantities of powerful narcotics to addicted patients. Mr. Aboshady assisted Dr. Mashali’s illegal behavior by using his training as a doctor to fabricate patient records, with the goal of duping Medicare and other insurers into paying Dr. Mashali for his fraudulent conduct. Moreover, Aboshady later lied about Mashali’s medical practices to regulatory authorities.”
“Dr. Aboshady engaged in unlawful, unethical, and unprofessional conduct. He used the Medicare system as his own personal ATM, cheating taxpayers and private insurance companies out of thousands of dollars by billing them for medical services that were never performed. The FBI is committed to protecting government and private health care programs and stopping those who steal from them,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
During the time of the conspiracy, Aboshady was a medical resident in Massachusetts and Rhode Island, employed at New England Wellness & Pain Management, P.C., which was also known as New England Pain Associates, P.C., Greystone Pain Management, Inc., and New England Pain Institute, P.C., or NEPA. NEPA had locations in Massachusetts and Rhode Island, and was operated by Fathallah Mashali, a pain management physician.
Aboshady conspired with Mashali, other members of NEPA, and members of a satellite office in Cairo, Egypt, to falsify medical records and urine drug test results to support claims for payment to Medicare and insurers for services that Mashali did not render.
Part of the conspiracy involved falsification of patient encounter notes. Such false information included, but was not limited to, detailed descriptions of extensive physical examinations and treatment plans, and durations of face-to-face interactions with patients exceeding 20 to 40 minutes per appointment, to create the appearance of lengthy and involved patient encounters, when in fact these services did not take place. Aboshady instructed the Cairo office on how to fake patient encounter notes, how to create false electronic signatures on the encounter notes and how to make the timestamps for those signatures look realistic.
Aboshady was also responsible, in conjunction with the office in Cairo, for fabricating urine drug test results with false test dates, so that the tests appeared to have been performed within days of specimen collection rather than weeks or months thereafter. This information was necessary to support urine drug test billing codes submitted to Medicare and insurance companies. In fact, NEPA tested patients’ urine weeks and sometimes three months after the specimens had been collected and stored unrefrigerated in large plastic bags and containers. In addition, in response to a subpoena from the State of Rhode Island concerning some of Mashali’s patients, Aboshady helped Mashali falsify patient medical records.
“Healthcare fraud is corrosive, wasting taxpayer dollars, driving up healthcare costs, and undermining the Medicare program,” said Phillip M. Coyne, Special Agent in Charge for the U.S. Department of Health & Human Services, Office of Inspector General. “Aboshady’s falsification and fabrication of medical records to further his healthcare fraud scheme compromised the integrity of our public healthcare system, and we will continue to aggressively investigate such reckless conduct.”
“I hope this sentence sends a message to other medical providers that medical billing fraud is not tolerated in Massachusetts and when caught, you will pay a price,” said Anthony M DiPaolo, Chief of Investigations of the Insurance Fraud Bureau. “This matter also illustrates the commitment of all agencies to combat medical billing fraud which affects all citizens. The Insurance Fraud Bureau of Massachusetts places a high priority on fighting this type of insurance fraud. The collaboration in this matter is unprecedented.”
U.S. Attorney Lelling; Boston FBI SAC Bonavolonta, HHS-OIG SAC Coyne, and Massachusetts IFB Chief of Investigations DiPaolo, made the announcement today. Assistance was also provided by the Internal Revenue Service’s Criminal Investigation in Boston. Assistant U.S. Attorneys Abraham R. George, Senior Litigation Counsel of Lelling’s Civil Division, and David G. Lazarus, Chief of Lelling’s Asset Recovery Unit, prosecuted the case.
Marstons Mills Man Arrested for Child Pornography OffenseRead the Press Release
BOSTON – A Marstons Mills man was arrested today and charged in federal court in Boston with receipt and possession of child pornography.
Steven Carme, 30, was charged with one count of receipt and one count of possession of child pornography. He appeared in federal court in Boston and was ordered detained pending a detention hearing.
According to court documents, law enforcement learned that an individual whose IP address was traced to Carme’s Marstons Mills residence had shared child pornography over the internet using peer-to-peer sharing software. A search at the residence resulted in the seizure of a laptop computer, an external hard drive and an iPhone X. The external hard drive contained hundreds of images and videos of children, including some that depict the rape of children as young as five-years-old.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. The charge of possession of child pornography provides for a sentence of no greater than 10 years in prison. Each charge also provides for a mandatory 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 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 Barnstable Police Chief Matthew Sonnabend made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Lelling’s Major Crimes Unit is prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
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.
Felon Pleads Guilty to Multiple Fraud ChargesRead the Press Release
BOSTON – A Springfield man pleaded guilty in federal court in Springfield yesterday in connection with various fraud schemes.
Talal H. Soffan, 46, pleaded guilty to making false statements to a federally insured financial institution, wire fraud, aggravated identity theft, conspiracy, and bank fraud. U.S. District Court Judge Mark G. Mastroianni scheduled Soffan’s sentencing for May 23, 2019.
In 2014, Soffan was charged by indictment, and in 2018, he was charged by information with additional criminal counts.
In March 2007, Soffan applied for two bank loans totaling $45,000 for his company, All Waste Management LLP. In the process of securing the loans, Soffan concealed his and an associate’s prior felony convictions. After receiving the loans, Soffan then misspent the loan proceeds, defaulted on the loans, and exploited both accounts in connection with a series of credit card bust-out schemes. In those schemes, Soffan defrauded various banks and credit card companies through 27 different accounts obtained in his name, the name of his business, other businesses, and other individuals, resulting in an overall loss of approximately $528,624.
In addition, Soffan conspired with a local real estate broker to defraud various banks relating to foreclosed properties owned by the banks. Soffan sent the broker e-mails containing his company’s genuine bid and false bids from other companies to ensure that his company received contracts to perform repair and maintenance work on the foreclosed properties. In exchange for receiving approximately $75,186 in contracts for his company, Soffan allowed the broker to keep approximately five percent of his company’s invoiced amounts.
The charges of making false statements to a federally insured financial institution and bank fraud each provide for a sentence of no greater than 30 years in prison, up to five years of supervised release, and a fine of $1 million. The wire fraud charges each provide for a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of $250,000. The conspiracy charge provides for a sentence of no greater than five years in prison, up to three years of supervised release, and a fine of $250,000. The aggravated identity theft charges provide for a mandatory two year prison sentence consecutive to any other sentence imposed. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Robert Manchak, Acting Special Agent in Charge of the Federal Housing Finance Agency; Kristina O’Connell, Special Agent In Charge of the Internal Revenue Service, Criminal Investigation, New England Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, made the announcement. Assistant U.S. Attorneys Steven H. Breslow and Deepika Shukla of Lelling’s Springfield Branch Office are prosecuting the case.