District of Massachusetts

BOSTON - A Dominican national was charged today in federal court in Boston with passport fraud and identity theft.

Manuel Alejandro Guzman Soto, 49, was indicted today on one count of passport fraud and one count of aggravated identity theft.

On Aug. 18, 2011, Guzman Soto entered a Roslindale 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.

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. The charge of aggravated identity theft provides for a mandatory two years in prison, which must run consecutive to any other imposed term of imprisonment. Guzman Soto will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit is prosecuting this case.

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

BOSTON – A Boston man was indicted today in federal court in Boston for distributing crack cocaine.

Austin Wilkerson, 41, was indicted today on three counts of distributing cocaine base, also known as crack cocaine, on the Veterans Affairs Medical Center campus in Bedford. 

According to court documents, in January 2017, a cooperating witness reported to law enforcement that Wilkerson was selling crack cocaine to Michael Sexton, a resident at the Veterans Affairs Medical Center. On July 27, Aug. 10, and Sept. 5, 2017, Wilkerson provided crack cocaine to Sexton, who then sold it to the cooperating witness at the Veterans Affairs Medical Center in Bedford.

Wilkerson faces a sentence of no greater than 20 years in prison, five years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling; Sean J. Smith, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Shawn Kelly, Chief of Police of the U.S. Department of Veterans Affairs Police Service, Bedford VA Medical Center, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling's Major Crimes Unit is prosecuting the case.

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

BOSTON – An alleged member of the Latin Gangsta’ Disciples gang pleaded guilty yesterday to federal firearms trafficking.

Eric Valentin, a/k/a “Jefe,” 22, of Nashua, N.H., pleaded guilty to dealing firearms without a license and conspiracy to deal firearms without a license. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for June 20, 2018. In February 2018, Valentin was charged along with co-defendants Jose Ilarraza, a/k/a “Kae-Kae,” 26, of Newburyport, and Bryan Torres-Almanzar, a/k/a “Flex,” 19, also of Nashua, N.H.

According to court documents, in September 2017, Ilarazza approached an individual, who was working as a cooperating witness for federal investigators, after Ilarazza learned that the cooperator was interested in obtaining firearms from the Dominican Republic. Ilarraza, who was incarcerated at the time at the Essex County Jail following a conviction for breaking and entering and resisting arrest, instructed the cooperating witness to contact Torres-Almanzar, who was allegedly heavily involved in firearms trafficking.

Federal investigators used this information and worked with another cooperating witness to  purchase firearms from Torres-Almanzar and his “partner,” Valentin, on six occasions between Sept. 12, 2017, and Oct. 19, 2017. For example, on Sept. 14, 2017, the cooperating witness arranged to purchase a 9mm semiautomatic pistol with a laser sight and an extended magazine for $1,000 from Torres-Almanzar and Valentin. During the sale, Torres-Almanzar and Valentin talked about future gun purchases and told the cooperating witness that “we do business and will take care of you.” They also said that they were in the business of “growing our organization” and that it was a “good thing that he [Ilarraza] introduced us.” During the course of the investigation, the cooperating witness purchased 11 firearms and 200 rounds of ammunition from Torres-Almanzar and Valentin.

Torres-Almanzar pleaded guilty on March 23, 2018, and is scheduled to be sentenced on June 19, 2018. Ilarraza has pleaded not guilty.

The charges of dealing in firearms without a license and conspiracy each provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. 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; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Lawrence Police Chief Roy P. Vasque; Essex County Sheriff Kevin F. Coppinger; Essex County District Attorney Jonathan W. Blodgett; Lowell Police Chief William Taylor; and Nashua (N.H.) Police Chief Andrew J. Lavoie made the announcement today. 

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

BOSTON - A Rhode Island man was sentenced today in federal court in Boston for armed bank robbery. 

Michael A. Dirocco, 35, was sentenced by U.S. District Court Judge Douglas P. Woodlock to 77 months in prison and five years of supervised release. In November 2017, Dirocco pleaded guilty to one count of armed bank robbery.

On Nov. 14, 2014, two men entered a branch of the Webster Bank in Seekonk, Mass.  One of the men vaulted over the teller’s counter and started taking money from the drawers. The other man brandished what appeared to be a black semi-automatic handgun and pointed it at the tellers. The two then fled the scene in a large black SUV with $10,065 in stolen cash. 

A short time later, an individual in Rhode Island observed two men removing license plates from a large black SUV and exchanging them with Rhode Island plates. The individual was able to record the Rhode Island license plate numbers and provide them to law enforcement officers. The officers then spoke to the registered owner of the vehicle with Rhode Island license plates and determined that the owner’s son, Dirocco, was operating her vehicle.

When officers in Rhode Island later located the black SUV, Dirocco was no longer the operator; he was now using a green pickup truck, which was later observed heading in their direction. Upon seeing police, the truck’s driver, later confirmed to be Dirocco, stopped the vehicle, made an abrupt U-turn, and sped off, resulting in an extended car chase that culminated with Dirocco crashing the vehicle into a tree. Dirocco matched the description of the gun wielding bank robber and was subsequently arrested. In September 2016, Dirocco was charged in federal court in Boston and has been detained since.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Bristol County District Attorney Thomas M. Quinn made the announcement today. The Rhode Island State Police and Burrillville, R.I., Cranston, R.I., Pawtucket, R.I., and Seekonk, Mass., Police Departments provided valuable assistance. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Honduran national was sentenced today in federal court in Boston for illegally reentering the United States after being deported.

William Maradiaga-Oseguera, 32, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year in prison and three years of supervised release. Maradiaga-Oseguera will be subject to deportation proceedings upon completion of his sentence. In January 2018, Maradiaga-Oseguera pleaded guilty to one count of unlawful reentry of a deported alien.

On Aug. 29, 2017, law enforcement officers in Boston encountered Maradiaga-Oseguera and determined him to be illegally present in the United States. Maradiaga-Oseguera was previously deported on March 27, 2009; March 17, 2012; July 9, 2012; and Nov. 13, 2013.

United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Cape Cod man who attempted to carry $100,000, gift-wrapped to look like books, in his carry-on luggage at Boston Logan International Airport, was ordered to forfeit the money by a federal court judge, who held that the money was substantially connected to drug trafficking.

Daniel R. Ormond, 32, having booked a one-way flight from Boston to California on May 26, 2016, attempted to pass through a Transportation Security Administration (TSA) checkpoint with a bag that contained two gift-wrapped packages, which appeared to be books. Further inspection revealed, however, that the gift-wrapped “books” were actually two separate bundles of currency sandwiched between cardboard and then wrapped in carbon-paper. 

Ormond initially denied having any knowledge of the currency in his bag and claimed that his mother packed the two gifts, which he said were intended for a relative graduating high school in northern California. When contacted, Ormond’s mother denied providing her son with gifts or currency, and denied the existence of a relative graduating high school in California.  While Ormond was talking to law enforcement, he received a call from a friend, who asked whether Ormond was able to get through security without any issues. In addition, a police K-9 alerted officers to the currency. 

In October 2016, the United States filed a complaint for forfeiture of the $100,000, which alleged that the money was proceeds of drug trafficking, or money intended to be used for drug trafficking. Recently, U.S. District Court Judge Douglas P. Woodlock entered judgment in favor of the United States and ordered the forfeiture of the money. The Court found that the substantial amount of money seized from Ormond, the packaging of the money, Ormond’s last minute travel to a known narcotics source area, Ormond’s inconsistent statements to investigators, the K-9 alert, Ormond’s past criminal history, and testimony from other witnesses established that the currency was substantially connected to drug trafficking. The Court also found that Ormond failed to provide any explanation for the source of the funds in his challenge to the forfeiture proceeding. 

United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police Force; and John Gibbons, U.S. Marshal for the District of Massachusetts, made the announcement. The case was handled by Assistant United States Attorney Doreen M. Rachal of Lelling’s Civil Division.

BOSTON – A Taunton woman was sentenced today in federal court in Boston for her role in a heroin and fentanyl trafficking organization that operated in Taunton and Boston.

Stephanie O’Sullivan, 31, was sentenced by U.S. District Court Judge Leo T. Sorokin to time served (two and a half months) and three years of supervised release. In October 2017, O’Sullivan pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, O’Sullivan was arrested and charged with approximately 20 co-defendants.  

From mid-2016 through February 2017, federal law enforcement investigated two heroin and fentanyl trafficking organizations allegedly operating in Boston, led by Jose Antonio Lugo-Guerrero, and in Taunton, led by Fernando Hernandez. Hernandez’ organization sold heroin and fentanyl to customers, including O’Sullivan, who re-distributed a portion of the drugs she obtained. It is alleged that Hernandez obtained drugs from a network of suppliers that included Lugo-Guerrero.

Hernandez pleaded guilty and on Feb. 26, 2018, was sentenced to 188 months in prison.  Lugo-Guerrero pleaded not guilty and is awaiting trial.

United States Attorney Andrew E. Lelling; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Fall River Police Chief Daniel S. Racine; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Theodore B. Heinrich of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

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

BOSTON – A Plymouth man was arrested today and charged in federal court in Boston with anonymously stalking a woman by text message and social media for more than two years, including throughout the 14-months that they dated.

Joseph Kukstis, 29, was charged with one count of stalking by electronic means. He will appear before U.S. District Court Chief Magistrate Judge David H. Hennessy later today.

According to the charging documents, between September 2015 and about October 2017, Kukstis targeted the victim with an anonymous harassment campaign that was intended to cause - and did cause – the victim substantial emotional distress.

Kukstis’ course of conduct included: (1) sending the victim hundreds of degrading text messages, many of which urged her to kill herself; (2) instilling fear in the victim that her harasser was coming to her home; (3) sending private, intimate pictures of the victim to her friends and acquaintances through a “spoofed” Instagram account he created in the victim’s name; (4) harassing men who Kukstis believed were romantically involved with the victim; and (5) attempting to obtain or obtaining unauthorized access to the victim’s social media accounts.

Kukstis also sent himself harassing messages that he then shared with the victim, purportedly as proof to her that he, too, was a victim of the stalking. 

On Jan. 22, 2018, Kukstis sent an e-mail from an account in his own name to the victim, saying: “it was me the entire time, I hate myself for it.”

The charge of stalking provides for a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000, and restitution. Sentences are imposed by a U.S. district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today.  Assistant U.S. Attorney Seth B. Kosto of Lelling’s Cybercrime Unit is prosecuting the case.

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

BOSTON – A Norwood man was convicted yesterday in federal court in Boston of distributing heroin in the Taunton area.

Oristel Soto-Peguero, 25, was convicted by a federal jury of possession with intent to distribute more than a kilogram of heroin, conspiring to distribute more than a kilogram of heroin, and discharging a firearm during and in relation to a drug offense. U.S. District Court Judge Rya W. Zobel scheduled sentencing for Aug. 2, 2018.

In early 2015, federal agents conducted a wiretap investigation of Eddyberto Mejia-Ramos, a regional heroin trafficker operating in Taunton. In May and June, agents identified Soto-Peguero as Mejia-Ramos’ primary source of supply. On July 6, 2015, law enforcement intercepted calls in which Mejia-Ramos asked Soto-Peguero to send him something “heavy,” to which Soto-Peguero responded that his girlfriend was on her way. At that time, agents were conducting surveillance outside Soto-Peguero’s Norwood apartment and observed co-conspirator Mercedes Cabral exit the apartment and drive towards Taunton. During a subsequent traffic stop, officers found 10 blocks of heroin (918 grams) protruding from Cabral’s purse. 

After seizing the heroin, law enforcement officers attempted to secure Soto-Peguero’s apartment in anticipation of obtaining a federal search warrant. They knocked on the door and announced the presence of police, but no one answered. As officers began a forced entry through the front door, someone inside fired a gunshot through the front door. Fortunately, no one was shot. Officers eventually gained entry and arrested two men, identified as Soto-Peguero and Luis Guzman-Ortiz. The next day, officers executed a search warrant at the home and seized two kilograms of heroin, a loaded semiautomatic pistol, two hydraulic drug presses, and other evidence that showed the apartment was being used to prepare and package heroin. Gunshot residue testing and other evidence established that Soto-Peguero fired the shot through the door.

In September 2016, Mejia-Ramos was sentenced to 90 months in prison. In May 2017, Cabral was sentenced to time served (22 months) and three years of supervised release. Guzman-Ortiz pleaded not guilty and is scheduled to stand trial on June 18, 2018.

United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Investigative assistance was provided by the Massachusetts State Police, the Massachusetts State Police Criminal Laboratory, the Taunton Police Department, and the Bristol County Sheriff’s Office. Assistant U.S. Attorneys Theodore Heinrich and Brian Pérez-Daple of Lelling’s Criminal Division are prosecuting the case.

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

BOSTON – An MS-13 member pleaded guilty on Friday, March 30, 2018, in federal court in Boston to racketeering conspiracy involving the murder of a 15-year-old boy in East Boston. 

Carlos Melara, a/k/a “Chuchito,” a/k/a “Criminal,” 21, a Salvadoran national, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for July 30, 2018.

After a multi-year investigation, Melara was one of 61 people named in a fifth superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13. During the investigation, Melara was identified as a member of MS-13’s Everett Locos Salvatrucha (ELS) clique.

On Sept. 7, 2015, Melara, Henry Josue Parada Martinez, a/k/a “Street Danger,” and another MS-13 member participated in the murder of a teenage boy on Constitution Beach in East Boston. The defendants targeted the victim in a “catfishing” scheme in which they used a fake Facebook account to trick the victim into thinking he was talking to a girl. In reality, the Facebook account was being controlled by MS-13 members to lure in suspected gang rivals so that the gang could murder them.

On the day of the murder, Melara picked up the victim on a scooter pretending to be a friend of the girl that the victim was planning to meet for a date. Melara drove the victim to Constitution Beach, where the other MS-13 members were waiting to kill him. Melara and the other MS-13 members took turns attacking and stabbing the victim to death. Melara was promoted to “homeboy” or a full member of MS-13, as a reward for his participation in the murder.

At the hearing, the Court accepted the defendant’s guilty plea, but deferred acceptance of the plea agreement until the July 30, 2018, sentencing hearing. Under the terms of the proposed plea agreement, Melara will be sentenced to between 30 and 40 years in prison. He will also be subject to deportation upon the completion of his sentence. 

On Nov. 29, 2017, Parada Martinez pleaded guilty to RICO conspiracy; he is awaiting sentencing. Melara is the 40th defendant to plead guilty or to be found guilty after trial.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.

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

BOSTON - A Chinese national pleaded guilty and was sentenced today in federal court in Boston for defrauding the Department of Homeland Security (DHS) in its administration of the Student and Exchange Visitor Program.

Leyi Huang, 21, a Chinese national residing in Erie, Penn., pleaded guilty to one count of conspiracy to defraud the United States. U.S. District Court Judge F. Dennis Saylor sentenced Huang to time served and ordered her immediately removed to the People’s Republic of China.  In May 2017, Huang and three other Chinese nationals were arrested and charged for their roles in a college admissions exam scam.

In 2016, Huang entered into an agreement with a co-conspirator to have the co-conspirator take the Test of English as a Foreign Language (TOEFL) exam under Huang’s identity. On March 5, 2016, using Huang’s Chinese passport and TOEFL exam registration, the co-conspirator took the TOEFL exam under Huang’s identity at the TOEFL exam center in Burlington, Mass. Subsequently, the TOEFL score achieved by the co-conspirator was fraudulently awarded to Huang, which she used to gain entrance to an American university that participates in DHS’s Student and Exchange Visitor Program (SEVP). The university has a minimum TOEFL score requirement that Huang had failed to achieve on previous attempts.  Once being accepted into the SEVP, Huang was issued a student visa by the Department of State to enter and remain in the United States for the duration of her studies.

United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and William B. Gannon, Special Agent in Charge of the U.S. State Department's Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Brazilian couple was arrested on Friday, March 30, 2018, and charged in federal court in Boston in connection with an ATM skimming operation.

Alexandre Kawamura, 42, was charged with possession of device-making equipment, and Karem Kawamura, 25, was charged with aiding and abetting the use of a counterfeit access device.

According to the complaint affidavits, the ATM skimming equipment consisted of devices attached to ATM card slots that recorded bank account information on the magnetic strips of debit cards that unwitting victims inserted into ATMs, combined with pinhole cameras that captured the victims entering their PINs on ATM keypads. Alexandre Kawamura was caught on ATM security video placing and removing skimming devices on drive-up ATMs at Eastern Bank branches in Saugus, Stoneham, and Medford between Feb. 24 and March 16, 2018. On two occasions, when he drove up to the ATMs to check on the devices, Karem Kawamura was in the car.

On March 16, 2018, a bank customer called local police to report that he had found and removed a skimming device from the drive-up ATM at the Eastern Bank branch in Stoneham. Police responded and discovered that the pinhole camera was still attached to the ATM. They set up surveillance while bank security personnel monitored the ATM’s security video, and shortly before 11 pm, Alexandre Kawamura drove up to the ATM in a rental car, looked around for the skimming device, never inserted a card into the machine, and then drove off. Stoneham Police stopped Alexandre Kawamura’s car shortly thereafter. Mr. Kawamura had a Brazilian passport in his true name, but had rented the vehicle under an alias.

The same alias was embossed on a credit card in Alexandre Kawamura’s possession when he was arrested, but the bank account information contained in the magnetic strip of the card belonged to a bank customer whose debit card had been compromised at one of the Eastern Bank ATMs the day before. Eastern Bank records showed that, on the day of Mr. Kawamura’s arrest, purchases were made on the bank customer’s account at Dick’s Sporting Goods in Medford. The store’s security camera recorded the defendants shopping at that store during the time when the bank customer’s account was used to buy a shirt, jacket, and hat.

After Mr. Kawamura was arrested, federal agents located Ms. Kawamura at an Extended Stay America in Woburn. On March 30, agents executed a search warrant for the room used by Ms. Kawamura and found the shirt, jacket, and hat that had been purchased at Dick’s Sporting Goods.

The charge of possession of device-making equipment provides for a sentence of no greater than 15 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of aiding and abetting the use of 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. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Medford Police Chief Leo Sacco; Milton Police Chief John E. King; Saugus Police Chief Domenic J. DiMella; Stoneham Police Chief James T. McIntyre; and Woburn Police Chief Robert J. Ferullo Jr. 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 complaints are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – An identified member of the Orchard Park Trailblazers was sentenced today in federal court in Boston for selling crack cocaine in and around Roxbury’s Orchard Gardens Housing Development.

Lyndon Scott, a/k/a “L-Dot,” a/k/a “L-Scott,” 28, of Boston, was sentenced by U.S. District Court Chief Judge Patti B. Saris to 15 months in prison and six years of supervised release. While on supervised release, Scott will be precluded from entering the Orchard Gardens Housing Development and being in contact or associating with approximately 25 individuals from the same area. In November 2017, Scott pleaded guilty to distribution of cocaine base within 1,000 feet of a school.

On April 14, 2017, Scott sold cocaine base, a/k/a crack cocaine, to a cooperating witness near a school in Roxbury. Scott told the cooperating witness that the crack was “great,” and that the cooperating witness would be returning to buy more from him. According to court documents, Scott has twice been convicted of illegal firearm possession and was on pretrial release for an unrelated drug offense when he sold the crack cocaine to the cooperating witness.

Scott is one of 12 defendants arrested and charged in June 2017 following a nearly two-year investigation into the high concentration of crime in and around the Orchard Gardens Development, the largest publically funded housing development in Roxbury, which is also adjacent to area schools and Dudley Square. According to court documents, the crime stems, in part, from the illegal activities of the members and associates of the Orchard Park Trailblazers, who allegedly have active feuds with rival gangs throughout the city that have produced numerous crimes of violence.

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

BOSTON – Two Worcester men were indicted yesterday in federal court in Worcester for their roles in a fentanyl, heroin, cocaine, and crack cocaine conspiracy.

Daniel Donald, 36, and Robert Young, 46, were indicted on one count of conspiracy to distribute heroin, cocaine, cocaine base (a/k/a crack cocaine) and fentanyl. Donald was also charged with possession with intent to distribute over 100 grams of heroin, over 500 grams of cocaine, over 28 grams of crack cocaine, and fentanyl, as well as being a felon in possession of a firearm.      

Donald and Young were previously charged by complaint on Dec. 1, 2017. According to court documents, in April 2017, federal law enforcement began investigating ongoing drug sales by Donald and Young at a location on Groton Street in Worcester. On Nov. 30, 2017, law enforcement executed a search warrant at the Groton Street location and seized a kilogram of cocaine, approximately 490 grams of heroin, approximately 88 grams of crack cocaine, dozens of pills containing fentanyl, and a loaded 9 mm firearm. 

Young faces a sentence of no greater than 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. The drug charges against Donald provide for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of $5 million. The firearm charge provides for a mandatory minimum sentence of 15 years and up to life in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Worcester Police Chief Stephen Sargent made the announcement. Assistant U.S. Attorney Greg A. Friedholm, Chief of Lelling’s Worcester Branch Office, is prosecuting the case. 

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

BOSTON – Two members of MS-13 have pleaded guilty in federal court in Boston.  They are the 38th and 39th defendants, respectively, to be convicted in a 61 defendant case.  

Edgar Pleitez, a/k/a “Cadejo,” 28, pleaded guilty yesterday to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, and conspiracy to distribute 100 grams or more of heroin. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for July 10, 2018.

German Hernandez Escobar, a/k/a “Terible,” 30, a Salvadoran national, pleaded guilty on Tuesday, March 27 – the day he was scheduled to stand trial – to RICO conspiracy and conspiracy to distribute marijuana. According to the terms of the plea agreement, the parties will jointly recommend that the Court impose a sentence of 23 years in prison. Judge Saylor scheduled sentencing for June 20, 2018.

According to court documents, Hernandez Escobar was a leader of MS-13’s Everett Loco Salvatrucha (ELS) clique. Several ELS clique members have pleaded guilty to participating in murders carried out on behalf of MS-13, including a July 5, 2015, murder of a 15-year-old in Lawrence. Hernandez Escobar also conspired with other MS-13 members to sell marijuana as a means of raising funds to promote the ELS clique’s criminal activities, including purchasing firearms. Pleitez, who was a homeboy, or full member of MS-13’s East Boston Loco Salvatrucha (EBLS) clique, conspired with other MS-13 members to distribute heroin.

After a three-year investigation, Pleitez and Hernandez Escobar were two of 61 defendants named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. 

The charge of RICO conspiracy 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 conspiracy to distribute marijuana provides for a sentence of no greater than five years in prison, a minimum of two years of supervised release, and a fine of no greater than $250,000. The charge of conspiracy to distribute 100 grams or more of heroin provides for a mandatory minimum sentence of five years and no greater than 40 years in prison, a minimum of four years of supervised release, and a fine of up to $5 million. Hernandez Escobar will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.

BOSTON – A Pennsylvania woman pleaded guilty yesterday in federal court in Boston to smuggling drugs into the United States on a commercial flight from the Dominican Republic.

Natalia Alexander Duran, 22, pleaded guilty to two counts of importation of a controlled substance - heroin and cocaine, and two counts of possession of a controlled substance with the intent to distribute - heroin and cocaine. U.S. District Court Judge Rya W. Zobel scheduled sentencing for June 28, 2018.

On May 30, 2017, Duran arrived at Logan International Airport on a flight from the Dominican Republic. Upon arrival, Duran, a U.S. citizen, was referred for a secondary baggage examination. Duran stated that she needed to use the restroom and was told that she would have to be “pat frisked” before she could do so. Duran was then pat frisked by a female officer, who felt an abnormality in Duran’s groin area. Duran subsequently admitted that she had drugs concealed in her clothing. 41 pellets of suspected cocaine were removed from a bodysuit worn by Duran. Concerned that Duran may have ingested additional pellets of drugs, she was transported to a local hospital and given an x-ray, which revealed numerous pellets inside her abdominal area. While at the hospital, Duran excreted an additional 68 pellets. A combined total of 109 pellets were recovered and tested and determined to be approximately 971 grams of cocaine and approximately 109 grams of heroin. 

Duran faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million.  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 William A. Ferrara, Director of Field Operations, U.S. Customs and Border Protection made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Lynn man was sentenced yesterday in federal court in Boston for his role in a conspiracy to traffic counterfeit steroids, including testosterone and trenbolone, to customers across the country.

Philip Goodwin, 37, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 130 months in prison and three years of supervised release. In November 2017, Goodwin pleaded guilty to one count of conspiracy to distribute controlled substances, one count of conspiracy to traffic counterfeit drugs, one count of trafficking counterfeit drugs, one count of possession with intent to distribute controlled substances, and one count of money laundering conspiracy.

In April 2017, Goodwin and five others, including Tyler Bauman, a/k/a “musclehead 320,” were arrested and charged with operating a counterfeit steroid operation on the North Shore.

From approximately May 2015 until April 12, 2017, the conspirators manufactured steroid products - made from raw materials purchased overseas - in Goodwin’s home, and marketed them as “Onyx” steroids using “Onyx” labels that were also ordered from overseas suppliers. Onyx, now owned by Amgen Inc., is a legitimate pharmaceutical company that does not manufacture steroids. 

The defendants sold the steroids online to customers across the United States using email and social media platforms, collected payment through money remitters, such as Western Union and MoneyGram, and used false identifications and multiple remitter locations to pick up the proceeds. Some of the defendants laundered proceeds from the steroid sales through Wicked Tan LLC, a tanning business located in Beverly, which they owned and operated specifically to launder the proceeds of the steroid operation.     

In August 2017, Bauman pleaded guilty to his role in the conspiracy and was sentenced in March 2018 to 10 years in prison.

United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office, made the announcement. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Lelling’s Cybercrime Unit prosecuted the case. 

BOSTON – Four men pleaded guilty this week in federal court in Boston to their roles in an opioid trafficking conspiracy involving the distribution of fentanyl, heroin, and oxycodone across Massachusetts and Florida.

George Noukas, 27, of Manchester, N.H., pleaded guilty on March 28 to conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin.

Moses Rodriguez, 30, of Lawrence, Mass., pleaded guilty on March 29 to one count of conspiracy to distribute and to possess with intent to distribute heroin and fentanyl and one count of conspiracy to launder monetary instruments.

Craig Drummond, 26, of Sunny Isles Beach, Fla., and Juan Reyes, 29, of Lawrence, Mass., each pleaded guilty today to one count of conspiracy to distribute and to possess with intent to distribute oxycodone and one count of conspiracy to launder monetary instruments.

U.S. District Court Judge Denise J. Casper deferred acceptance of Noukas’ and Rodriguez’s pleas until sentencing, both of which she scheduled for June 25, 2018. Judge Casper scheduled Drummond’s and Reyes’ sentencings for July 17, 2018, and June 20, 2018, respectively.

Noukas, Rodriguez, Drummond, and Reyes were arrested in March 2017 for their roles in a widespread conspiracy involving opioid trafficking and money laundering offenses in Massachusetts and Florida. Their arrests were the result of a three-year federal investigation into opioid-trafficking in New England.

According to charging documents, from at least 2014, Rodriguez and Noukas distributed sizeable quantities of heroin and fentanyl in the greater Boston area, and Drummond and Reyes transported sizeable quantities of oxycodone from Miami, Fla., to Massachusetts, where it, too, was distributed in the greater Boston area. Proceeds from the illicit oxycodone sales were then transported back to Florida and laundered in various ways.     

The charges of conspiracy to distribute and possess with the intent to distribute 100 grams or more of heroin provides for a minimum sentence five years and up to 40 years in prison, a lifetime of supervised release, and a fine of $5 million.  The charges of conspiracy to distribute and possess with the intent to distribute oxycodone provides for a sentence of no greater than 20 years in prison, a lifetime of supervised release, a fine of up to $1 million, and forfeiture. The charge of conspiracy to launder monetary instruments provides for a sentence of no greater than 20 years in prison, up to five years of supervised release, a fine of up to $500,000, or twice the value of the property laundered, and forfeiture. 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; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; John Gibbons, U.S. Marshal for the District of Massachusetts; and Mickey D. Leadingham, 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 Massachusetts State Police and the Biddeford (Maine), Framingham, Haverhill, Lawrence, Manchester (N.H.), Methuen, Millis, Natick, Stoughton, and Waltham Police Departments. Assistant U.S. Attorneys Karen Beausey, Nadine Pellegrini and Craig Estes of Lelling’s Office are prosecuting the cases.

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

BOSTON – Geovane Jose Ferreira, 34, a Brazilian national, pleaded guilty today in federal court in Boston to one count of unlawful reentry of a deported alien. U.S. District Court Judge Indira Talwani scheduled sentencing for June 28, 2018.

On Aug. 2, 2017, law enforcement officers in Essex encountered Ferreira and determined him to be unlawfully present in the United States. Ferreira was previously deported on Dec. 17, 2003.

Ferreira faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Worcester man pleaded guilty today in federal court in Worcester to lying to federal investigators involved in the investigation of Kevin A. Perry, a former Worcester restaurateur.

Christopher Slavinskas, 32, pleaded guilty to making a false statement to federal investigators engaged in a criminal investigation. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for June 29, 2018.

During the summer of 2017, federal investigators interviewed Slavinskas about the concealment of cash proceeds from illegal drug sales associated with Perry. Slavinskas told the investigators that he helped conceal $200,000 on behalf of Stacey Gala, Perry’s wife, and that he returned the $200,000 to Gala after approximately 30 days. In reality, Slavinskas concealed approximately $330,000 in cash proceeds from Perry’s illegal drug sales, but spent at least $130,000 of it on himself and others – returning only $200,000 of the $330,000 to Gala.

In October 2017, Perry pleaded guilty to federal charges of money laundering and fentanyl distribution and is awaiting sentencing. Gala and Joseph Herman, the former manager of The Usual, a restaurant previously owned by Perry, were indicted for conspiracy to commit money laundering in February 2018.

Slavinskas faces a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Raymond Moss, Acting Inspector in Charge of the United States Postal Inspection Service; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case. 

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

BOSTON – A Springfield man was sentenced yesterday in federal court in Springfield for distribution of heroin.

Hector Pabon, 42, was sentenced by U.S. District Court Judge Mark G. Mastroianni to seven years in prison and six years of supervised release. In June 2015, Pabon pleaded guilty to one count of distribution and possession with intent to distribute heroin.  

Pabon was arrested and charged in April 2014 for distributing heroin in Hampden County.

United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigations, Boston Field Office, made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.

BOSTON – A Georgia man was indicted in federal district court in Boston yesterday in connection with his role in a bogus advance fee lottery scheme.    

Peter Anthony Chin Jr., 34, of Atlanta, Ga., was indicted on one count of conspiracy to commit mail and wire fraud. On Feb. 22, 2018, Chin was arrested in Atlanta on a criminal complaint and appeared later that month in federal court Boston. He has been released on conditions since that time.

According to the indictment, from 2012 to 2017, Chin was part of a scheme that targeted elderly individuals throughout the United States, including Massachusetts. The victims were informed via phone, email and mail that they had won millions of dollars in a lottery, but that they had to pay the taxes on their purported winnings before the funds could be released. Chin’s co-conspirators directed the victims to mail or wire funds to Chin or to his associates. Chin kept a portion of the funds for himself and then distributed the rest as directed by his co-conspirators, including sending significant amounts to Jamaica.

As alleged in court documents, the following are two examples of the way in which the scheme operated. On Oct. 7, 2015, a Pennsylvania resident mailed a $34,900 cashier’s check for purported lottery taxes and fees to Chin at his then-address in Fairburn, Ga. Two days later, the cashier’s check was deposited into Chin’s checking account. In another example of the scheme, on March 1, 2013, a Masachusetts resident mailed a treasurer’s check for $93,633 to a co-conspirator in New York for purported lottery taxes and fees. Later that month, the co-conspirator wired $25,000 to a bank account held by Chin’s wife.

The charge of conspiracy to commit mail and wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000 or twice the 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today.  Assistant U.S. Attorney Sandra S. Bower of Lelling’s Criminal Division is prosecuting the case.

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

Antonio Felipe-Vasquez, 40, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Leo T. Sorokin immediately sentenced Felipe-Vasquez to time served and three years of supervised release. Felipe-Vasquez will be subject to deportation proceedings.

In 2001, Felipe-Vasquez was encountered by immigration officials while serving a sentence at the Norfolk county House of Corrections. Upon completion of that sentence, Felipe-Vasquez was placed into removal proceedings, and on Nov. 20, 2001, he was deported to the Dominican Republic.

In September 2017, Felipe-Vasquez was arrested in Lynn and charged with heroin trafficking. Upon his arrest, his fingerprints were taken, which revealed his prior deportation. Felipe-Vasquez is scheduled for trial in the state matter in April 2018.

United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after deportation.

Miguel Guillen Percel, 43, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge William G. Young scheduled sentencing for June 4, 2018.

On July 20, 2017, Percel, who, at the time, was using the alias “Carlos Colon,” was arrested for a motor vehicle violation. When law enforcement officers took “Colon’s” fingerprints, they found that they matched those of Miguel Guillen Percel, who had previously been deported in October 2009. During an interview with law enforcement, Percel admitted his true name and prior deportation.

Percel faces a sentence of no greater than 20 years in prison, up to three years of supervised release, and a fine of up to $250,000. Percel will be subject to deportation hearings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Wilmington man was sentenced today for making threats over Facebook to burn a local mosque and for unlawfully possessing dozens of firearms, ammunition and child pornography.

Patrick Keogan, 46, was sentenced by U.S. District Court Judge Douglas P. Woodlock to five years in prison and five years of supervised release. Keogan will also be  required to register as a sex offender. In February 2017, Keogan pleaded guilty to two counts of making a threat over Facebook to injure or intimidate another individual or to unlawfully damage or destroy a building by means of fire; one count of being a convicted felon in possession of firearms and ammunition; and one count of possessing child pornography. Keogan has been in custody since his arrest in July 2016.

Following the terrorist attacks in Paris, France, on Nov. 13, 2015, Keogan posted threatening images on the Facebook page of the Islamic Society of Boston Cultural Center (ISBCC), a Roxbury-based cultural center that offers a mosque and educational, spiritual, and social services to the New England Muslim community. Keogan posted an image depicting a mosque in flames with superimposed lettering that stated, “BURN YOUR LOCAL MOSQUE,” along with the statement, “Hello scumbags,” next to a smiley face emoji. Keogan also posted the same threatening image on the Facebook page of the Islamic Society of Northeastern University (ISNU).  

Searches of Keogan’s Facebook account revealed multiple posts that approved of burning mosques as early as 2013. For example, in 2013 Keogan shared a post with the following summary: “On July 4th, Joplin, Missouri’s Islamic Center — the city’s only mosque — suffered roof damage after an unidentified man set it on fire by tossing a burning object onto the building.”  Keogan wrote in response:  “Somewhere out there is an unknown hero. The people’s champion. A true God amongst mortal men. May your days be many & troubles be few my good man.”    

Keogan’s Facebook account also showed that he had been buying, selling, trading, building, modifying, possessing, and shooting firearms and ammunition, despite his prohibition from doing so as a convicted felon.  On May 1, 2016, Keogan purchased two boxes of 8mm rifle ammunition and two bags of loose 8mm rifle ammunition at a gun store in New Hampshire.  Upon Keogan’s arrest in July 2016, authorities searched his residence and found light machine guns, assault rifles, and sniper rifles, and thousands of rounds of ammunition.  A search of Keogan’s iPhone and iPad revealed he was also in possession of child pornography.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Wilmington Police Chief Michael Begonis made the announcement today. Assistant U.S. Attorney Scott L. Garland of Lelling’s Civil Rights Enforcement Team prosecuted the case.

BOSTON – Radio transmission equipment from two radio stations that were operating illegally in Boston was seized on Monday, March, 26th.   

According to court documents unsealed today, “Big City,” which broadcasted at times on 100.3 FM, 105.3 FM, and 101.3 FM, from Dorchester, with a studio in Roxbury, and “B87.7 FM,” which operated on 87.7 FM from Dorchester, were operating without a license from the Federal Communications Commission (FCC). The FCC issued multiple warnings to the illegal operators, but the radio stations continued to broadcast. Pursuant to federal forfeiture actions, authorities seized equipment operated by each radio station at that station’s antenna location on Blue Hill Avenue in Dorchester. The forfeiture actions were brought after the FCC received complaints, including a complaint from a licensed broadcaster about interference with its radio signal.

“When pirate radio stations refuse to cease operations, despite multiple warnings, action must be taken,” said United States Attorney Andrew E. Lelling. “It is a public safety hazard for illegal radio stations to broadcast, potentially interfering with critical radio communications. We will work in conjunction with the FCC’s Enforcement Bureau to identify violators of federal communications law.”

“Pirate radio stations are operating without an FCC license – and therefore breaking the law, as well as interfering with licensed broadcasters and potentially preventing those broadcasters from delivering critical public-safety information to listeners,” said Rosemary Harold, Chief of the FCC’s Enforcement Bureau.  “We are pursuing multiple legal routes to stop pirate broadcasters; the seizure action in Boston is just one of them.  We thank our partners in the Massachusetts U.S. Attorney’s Office and U.S. Marshals Service, and we’re particularly thankful for the great work of FCC Field agents in combatting this problem.”

The Communications Act of 1934 prohibits the operation of radio broadcasting equipment above certain low-intensity thresholds without a license issued by the FCC. The Act authorizes the seizure and forfeiture of any electronic or radio frequency equipment used to broadcast without an FCC license. The number of available radio frequencies is limited, and unlicensed broadcasting can interfere with the broadcasting of legitimate licensed radio stations, potentially causing chaos in the radio spectrum.

U.S. Attorney Lelling and FCC Enforcement Chief Harold made the announcement today. The U.S. Marshals Service and Boston Police Department provided assistance with the seizure operations. Assistant U.S. Attorney David G. Lazarus, Chief of Lelling’s Asset Forfeiture Unit, is handling the matter. 

BOSTON – A demolition and asbestos abatement company and its owner were sentenced yesterday in federal court in Boston in connection with operating a “double breasted shop,” which enabled them to defraud the Massachusetts Laborers Benefit Funds (MLBF). In this case, the company utilized a second corporate entity to pay union members and thereby avoided paying union benefits to the MLBF.

SMI Demolition Inc. and Charles R. Smith, Jr., 51, of Sharon, were ordered by U.S. District Court Judge Rya W. Zobel to pay restitution of $703,330 to the MLBF and certain union members. Smith was sentenced to six months of home detention, and both the company and Smith were placed on federal probation for two years.  In January 2018, SMI and Smith pleaded guilty to two counts of mail fraud.

Smith owned and operated SMI, a demolition and asbestos abatement company, which employed members of Laborers International Union of North America (LIUNA) Local 1421. Smith operated SMI alongside a non-union shop, Southern Middlesex Industries Inc. (Southern). Smith owned and operated both entities, which employed substantially the same union work force. From October 2011 to December 2013, SMI was a signatory to collective bargaining agreements (CBAs) that required SMI to pay employees the union wage rate and to make remittances to the MLBF for monthly employee benefit payments. Since SMI and Southern constituted a single business – an arrangement known in the industry as an illegal “double-breasted shop” – the business was bound by the terms of the CBAs and was required to pay the union wage rate and remit employee benefit contributions to the MLBF. Despite knowing that this was the case, Smith shifted workers to Southern’s non-union payroll and submitted false remittance reports, thereby failing to make the required payments to the MLBF.  

Smith and SMI also cheated employees out of overtime pay during the execution of a contract to demolish and abate the asbestos at an airplane hangar at Hanscom Field. Smith and SMI routinely omitted any overtime hours and paid overtime at approximately $25 per hour – much less than the required rate of time and one-half. As a result of this fraud, employees who worked on the Hanscom Field project were deprived of approximately $79,956.

“Mr. Smith and SMI sought to gain an unfair competitive advantage in their industry by operating a “double breasted shop” that allowed them to reduce their operating expenses,” said United States Attorney Andrew E. Lelling. “In so doing, they violated laws intended to protect the rights of their labor force, and compromised wages and benefits that the workers in this case rightfully bargained for. We will continue to work with our law enforcement partners to vigorously investigate fraud in the labor markets.”  

“EBSA will pursue corporations and executives when they engage in criminal schemes to defraud private sector benefit plans.  EBSA is very pleased to have had the opportunity to work collaboratively with our law enforcement partners in the Office of the Inspector General and at the U.S. Attorney’s Office to protect plan participants,” said Carol S. Hamilton, Acting Regional Director of the Department of Labor’s Employee Benefits Security Administration.

“Charles R. Smith, Jr and SMI Demolition Inc. devised a scheme to illegally enrich themselves by avoiding paying required overtime and prevailing wage rates to union members they employed on various asbestos removal projects under collective bargaining agreements. The defendants submitted falsified timesheets that resulted in a fraud of the MLBF.  We will continue to work with our law enforcement partners to safeguard the union benefit funds from those who seek to exploit it for personal gain,” said Peter Nozka, Acting Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.

U.S. Attorney Lelling, Acting DOL-OIG SAC Nozka, and Acting DOL-EBSA Regional Director Hamilton made the announcement today.  Assistant U.S. Attorney Fred M. Wyshak Jr. of Lelling’s Public Corruption Unit prosecuted the case.

BOSTON – A Lawrence man was sentenced today in federal court in Boston for his role in a cocaine conspiracy.

Juan Ulfany Mateo Soto, 38, was sentenced by U.S. District Court Judge Richard G. Stearns to six years in prison and three years of supervised release. In October 2017, Mateo Soto pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine and one count of conspiracy to attempt to possess with intent to distribute cocaine. In December 2016, Mateo Soto was arrested and charged with five co-defendants: Maximo Rodriguez, Hector Gomez, Angel Torres Leon, Angel Figueras, and Wallington Garcia.  

On Oct. 27, 2016, Mateo Soto arranged to obtain six kilograms of cocaine from Torres Leon. Officers observed the transaction, and subsequently stopped Mateo Soto as he drove away with the drugs. Mateo Soto did not have a valid driver’s license, so officers towed the vehicle and subsequently found and seized the six kilograms of cocaine from a backpack in the car.

After the vehicle was towed, not knowing that the police had seized the cocaine, Mateo Soto and his co-defendants attempted to retrieve the drugs from the car, first as it was being towed, and later at the tow yard.

Maximo Rodriguez was scheduled for jury trial on Feb. 20, 2018, but failed to appear. He is currently a fugitive. Angel Torres Leon and Angel Figueras were sentenced in December 2017 to 40 months in prison and time-served, respectively. Hector Gomez is scheduled to be sentenced on May 15, 2018, and Wallington Garcia’s case was dismissed.

United States Attorney Andrew E. Lelling; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the cases.

BOSTON – A Dominican national was sentenced yesterday in federal court in Worcester for illegally reentering the United States after deportation.

Wellington Eustate, 35, was sentenced by U.S. District Court Judge Timothy S. Hillman to 46 months in prison. Eustate will be subject to deportation proceedings upon completion of his sentence. In November 2017, Eustate pleaded guilty to one count of unlawful reentry of a deported alien.

In 2007, Eustate was convicted in federal court in Camden, N.J., of conspiring to distribute 500 grams or more of cocaine and received a sentence of 30 months in prison.

 Upon his release from prison, Eustate was deported to the Dominican Republic. Eustate then illegally reentered the United States and, in 2012, was apprehended in New York, convicted and sent to prison.

Upon his release from prison in New York, Eustate was again deported, and again, he illegally reentered the United States. In October 2016, Eustate was arrested and charged in Worcester Superior Court with trafficking in 9,200 grams or more of heroin, trafficking in fentanyl (more than 10 grams), conspiracy to violate drug laws, and furnishing the police with a false name. Eustate was released from state custody on $75,000 cash bail, and then taken into custody by Immigration and Customs Enforcement and charged in federal court in Worcester with illegal reentry after deportation. Eustate’s state case is currently pending.

United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.

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

Harris Taubman, 57, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to eight months in prison, five years of supervised release, and ordered to pay a $5,000 fine. In January 2018, Taubman pleaded guilty to one count of failing to register as a sex offender.

Taubman is required to register as a Level 2 sex offender in Massachusetts based on a 2009 federal conviction for possession and receipt of child pornography. Taubman last registered his address in September 2016; in March 2017, law enforcement discovered that Taubman had left that address in January 2017 and thereafter failed to update his registration with the Sex Offender Registry Board.

United States Attorney Andrew E. Lelling and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, prosecuted the case.

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

BOSTON – A Randolph man was sentenced in federal court in Boston yesterday for his role in a trans-national marijuana scheme that distributed thousands of pounds of marijuana and laundered millions of dollars in proceeds.

Michael Gordon, 48, was sentenced by U.S. District Court Judge Douglas P. Woodlock to 15 years in prison, five years of supervised release, and ordered to pay forfeiture of $5,030,812, to forfeit his interests in a house in Randolph, two houses in Florida, $371,239 seized during the investigation, and an Acura SUV used to facilitate his crimes. 

In December 2017, Gordon and his co-conspirator, Daphne Jean, were convicted by a federal jury of conspiracy to distribute and possession with intent to distribute marijuana, and conspiring to launder drug money through real estate transactions. Gordon was also convicted of conspiracy to distribute and possession with intent to distribute more than 1000 kilograms (2200 pounds) of marijuana and various counts of money laundering involving the purchase of real estate in Florida and Randolph.

From at least July 2011 to November 2014, Gordon shipped large amounts of marijuana from sources in California to Boston through the U.S. Postal Service and Federal Express, and then distributed the marijuana in the Boston area. Jean assisted Gordon by renting apartments that were used to receive the shipments of marijuana, and helping to launder drug proceeds. The operation produced millions of dollars in profits, and Gordon and Jean laundered the drug proceeds by participating in various financial transactions in Massachusetts and elsewhere.

Jean is scheduled to be sentenced on April 6, 2018.

United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Substantial assistance was also provided by Homeland Security Investigations in San Francisco; the Boston, Norwood, Randolph and Needham Police Departments; the Sonoma County (Calif.) Sheriff’s Department; and the Irwindale (Calif.) Police Department. Assistant U.S. Attorneys Karen Beausey and David G. Lazarus are prosecuting the case.

BOSTON – A Dominican national was sentenced in federal court in Boston yesterday for illegally reentering the United States after deportation.

Bolivar Santias Coste-Anias, 44, pleaded guilty today and was immediately sentenced by U.S. District Court Judge F. Dennis Saylor IV to time served and three years of supervised release. Coste-Anias will be subject to deportation proceedings. In January 2018, Coste-Anias was charged with one count of illegal reentry of a deported alien. 

On Dec. 18, 2017, Coste-Anias was encountered by law enforcement in Boston and determined to be illegally present in the United States. Coste-Anias was previously deported in July 2008.

United States Attorney Andrew E. Lelling and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Dominican national pleaded guilty today in federal court in Worcester to his role in a heroin and cocaine conspiracy.

Ricardo Ortega Vasquez, 42, a Dominican national residing in New York City, pleaded guilty to one count of conspiring to distribute heroin and cocaine and to possess heroin and cocaine with the intent to distribute. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for June 29, 2018. Ortega Vasquez and four co-defendants, Vito Nuzzolilo and Kristin Little, both of Worcester; and Thomas Walker and Melissa Rock, both of Pemaquid, Maine, were indicted in July 2017.

According to court documents, Nuzzolilo ordered sizable quantities of heroin and cocaine from a New York-based source of supply, and Ortega Vasquez transported cocaine and heroin from New York City to Nuzzolilo on behalf of the New York-based source of supply. On May 7, 2017, law enforcement seized more than a quarter-kilogram of cocaine from Ortega Vasquez in Worcester, shortly after Ortega Vasquez had taken a bus from New York City to Worcester.

In November 2017, Danielle Lloyd, 44, of Worcester, pleaded guilty to her role in this conspiracy and admitted to facilitating the shipment of heroin and cocaine from New York to Worcester on May 7, 2017, and another on April 25, 2017. Lloyd was sentenced on March 21, 2018, to time-served.

Ortega Vasquez faces a sentence of no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release, a fine of $5 million, and will be subject to deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Massachusetts Attorney General Maura Healey made the announcement today. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.

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

BOSTON – A Boston man was sentenced today in federal court in Boston for robbing a branch of the RTN Federal Credit Union in Brookline and a branch of the Mansfield Bank in West Bridgewater in November 2016.  

Stephen D. Williams, 56, was sentenced by U.S. Senior District Court Judge Mark. L. Wolf to five years in prison, three years of supervised release, and ordered to pay $2287 in restitution. In December 2017, Williams pleaded guilty to two counts of bank robbery.

On Nov. 15, 2016, two individuals, one later identified as Williams, and the other later identified as Joseph Morris, entered a branch of the RTN Federal Credit Union in Brookline. Williams approached a teller and demanded cash. The teller handed Williams cash from her drawer and Williams and Morris exited the bank and fled the area in a dark-colored Volkswagen.

On Nov. 22, 2016, an individual, later identified as Williams, entered a branch of the Mansfield Bank in West Bridgewater. Williams gestured that he had a firearm and demanded the tellers give him the bank’s money. The teller handed Williams cash, and Williams fled the area again in a dark-colored Volkswagen. Bank surveillance cameras recorded images of Williams during the robbery.

On Nov. 23, 2016, law enforcement officers familiar with both Williams and Morris located the dark-colored Volkswagen and arrested the two men at an apartment complex in Brockton.

Morris was charged in state court with the robbery of the RTN Federal Credit Union in Brookline and was sentenced to eight-to-10 years in jail.   

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; U.S. Marshal John Gibbons of the District of Massachusetts; Norfolk County District Attorney Michael Morrissey; West Bridgewater Police Chief Victor R. Flaherty Jr.; Brookline Acting Police Chief Mark P. Morgan; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – Jessica Vargas, 34, of Athol, was arrested today and charged in federal court in Worcester with one count of bank embezzlement. 

According to the charging documents, Vargas was an employee of a federally-insured bank when she embezzled more than $100,000 by making unauthorized cash withdrawals from customer accounts. Bank documentation shows 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.

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 Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.

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

BOSTON – A Schenectady, N.Y., man was charged in federal court in Springfield yesterday with failing to register as a sex offender.

Jose Dones was charged in an indictment with one count of failing to register as a sex offender.

According to court documents, Dones was convicted in 1994 of second degree rape and in 2008 of forcible touching. Dones has received many notices of his obligation to register as a sex offender, and he has been convicted four times in New York state court of failure to register as a sex offender. In 2016, Dones was convicted of failing to register as a sex offender in federal court in Massachusetts. 

In November 2017, Dones lived in Boston without registering as a sex offender while on supervised release in connection with his 2016 failure to register conviction. Then in December 2017, Dones moved to Schenectady, N.Y., where he again failed to register as a sex offender. On Jan. 10, 2018, Dones was arrested in Schenectady.

The charge provides for a sentence of no greater than 10 years in prison, a lifetime of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

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

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

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

BOSTON - A Lowell man was charged yesterday in federal court in Boston with masked and armed bank robbery.

Jason M. Nobles, 35, was charged by criminal complaint with one count of armed bank robbery. Nobles appeared yesterday before U.S. District Court Magistrate Judge Marianne B. Bowler and was detained pending a detention hearing.

According to the compliant, on Feb. 26, 2018, an individual, later identified as Nobles, entered a branch of the Santander Bank in Swansea, approached a teller’s station, brandished what appeared to be a black semi-automatic pistol, pointed the pistol at the bank’s tellers, and demanded cash. The tellers handed Nobles cash from their drawers and Nobles fled the bank. A post robbery audit determined that Nobles took approximately $15,000.

Having witnessed Nobles depart the bank, run to a neighboring parking lot, and leave the area in a gray Toyota SUV, the bank’s employees were able to provide law enforcement with a vehicle description and the physical description of the robber. Law enforcement across multiple towns worked together to locate the Toyota SUV, stop it, and detain the driver - Nobles - who matched the description of the robber given by the bank’s employees.

Later, when law enforcement executed a search warrant on the vehicle, they found a large sum of money and a black Sig Sauer semi-automatic pellet gun.

The charge provides for a sentence of no greater than 25 years in prison and five years of supervised release. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Bristol County District Attorney Thomas M. Quinn; Swansea Police Chief George Arruda; and Rehoboth Police Chief James J. Trombetta made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit is prosecuting the case.

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

BOSTON – A Lawrence man was arraigned yesterday in federal court in Boston on charges related to identity theft.

Kelny Andujar, a/k/a Kelny Alberto Andujar Pinales, 36, was indicted on one count of passport fraud, one count of misusing a Social Security number, and two counts of aggravated identity theft. The crimes allegedly occurred in 2016.

The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release, and a fine of up to $250,000. The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised released, and a fine of up to $250,000. The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement. 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.

BOSTON – A Gardner man pleaded guilty yesterday in federal court in Worcester to illegally possessing ammunition and to distributing fentanyl.

Travis Miller, 30, pleaded guilty to one count of being a felon in possession of ammunition and one count of distribution of fentanyl. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for June 27, 2018. In November 2017, Miller and another individual, Edwin Labaw, were arrested after being charged in a criminal complaint. 

According to court documents, Miller met with an undercover federal agent on Sept. 19, 2017, in Gardner, and the agent purchased a double-barrel 12-gauge shotgun, a 9mm Kel-Tech Sub 2000 rifle, and 11 rounds of 12-gauge shotgun ammunition in exchange for $1,200. Miller again met with an undercover agent on Sept. 27, 2017, in Fitchburg, and the agent purchased a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800.  Miller engaged in communications with the undercover agent and a cooperating source regarding other firearms, including a sniper rifle and the potential assembly of a fully automatic AR-style rifle.

Subsequently, Miller sent text messages to the undercover agent offering to sell fentanyl patches and OxyContin pills. On Nov. 3, 2017, Miller met with the agent in Worcester and sold him a .38 caliber revolver with an obliterated serial number, .38 caliber ammunition, 39 fentanyl patches, and 65 OxyContin pills. 

According to court documents, Miller has prior felony convictions and is therefore prohibited from possessing firearms and ammunition.

Labaw pleaded guilty on March 5, 2018, to being a felon in possession of a firearm and is scheduled to be sentenced on July 9, 2018.

For the ammunition charge, Miller faces a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of fentanyl distribution provides for a sentence of no greater than 20 years in prison, a lifetime 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 Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement. This case was investigated with assistance from the Worcester Police Department, Gardner Police Department, Fitchburg Police Department, and Massachusetts State Police. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office is prosecuting the case.

BOSTON – A Brockton man with two prior federal firearm convictions was sentenced yesterday in federal court in Boston for his third federal firearms charge.

Darnell Upshaw, 36, was sentenced by U.S. District Court Judge Indira Talwani to 32 months in prison and three years of supervised release. In December 2017, Upshaw pleaded guilty to being a felon in possession of a firearm and ammunition. 

On May 10, 2017, police officers responded to a report of shots fired on Owens Avenue in Brockton. Based on information provided at the scene, law enforcement officers suspected that Upshaw was responsible for the shooting and began surveillance of his house. Subsequently, officers observed a vehicle matching the description of the shooter’s vehicle arrive and park near Upshaw’s house, where two men exited the vehicle. Minutes later, Upshaw was observed leaving his house and driving away in a black SUV. 

The officers followed the SUV, and, when it stopped, Upshaw exited and took off running with his right arm braced tightly against his side. The officers followed Upshaw as he fled, climbed over a fence and entered his girlfriend’s mother’s house. Upshaw was apprehended inside the house and a loaded firearm was found lying on top of a pile of lawn clippings near the fence Upshaw had climbed. Subsequent lab analysis revealed that Upshaw’s shirt bore traces of gunshot primer residue.      

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy Cruz; and Brockton Police Chief John Crowley made the announcement. Assistant U.S. Attorney Kelly Begg Lawrence of Lelling’s Criminal Division prosecuted the case.  

BOSTON – An Agawam man was charged in an indictment unsealed today with a federal cocaine offense.

Lawon Baulkman, 36, was indicted on one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.

According to court documents, Baulkman participated in a cocaine conspiracy from at least 2015 until in or about September 2016.

Because Baulkman has prior felony drug convictions, he faces a sentence of at least 10 years and up to life in prison, at least eight years of supervised release, and a fine of up to $8 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Internal Revenue Service Criminal Investigation’s Springfield Branch Office assisted with the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling's Springfield Branch Office is prosecuting the case.

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

BOSTON – A Dover, Mass., pain management physician was sentenced today in federal court in Boston in connection with his scheme to defraud Medicare and other health care insurers, and then using the proceeds of his illegal activity to support his extravagant lifestyle. 

Fathallah Mashali, 62, was sentenced by U.S. District Court Senior Judge Rya W. Zobel to eight years in prison, three years of supervised release and ordered to pay restitution of $8,725,120. In March 2017, Mashali pleaded guilty to 27 counts of health care fraud, one count of conspiracy to commit mail fraud, and 16 counts of money laundering. 

Mashali, a licensed physician in Massachusetts and Rhode Island, operated New England Wellness & Pain Management, P.C., a/k/a New England Pain Associates, P.C., of Massachusetts and Rhode Island, a/k/a Greystone Pain Management, Inc., a/k/a New England Pain Institute, P.C. (NEPA). He also employed Egyptian doctors in Cairo, Egypt, who entered false information into U.S. patients’ medical records. Many of the patients at NEPA were Medicare beneficiaries.

From approximately October 2010 through March 2013, Mashali falsely billed Medicare for extensive medical services that he did not provide.  He treated patients with chronic pain conditions and frequently gave his patients large doses of prescription medications, including powerful opiates. Mashali falsely stated in patients’ medical records and representations to Medicare and private insurance companies that he had seen patients for 25 minutes per appointment or longer, when in fact, Mashali often saw his patients for less than five minutes. In his brief interactions with his patients, Mashali did not perform any physical examinations and barely inquired into the patient’s medical status or history. In addition, he overbooked his patient appointments and arrived to work sometimes as late as four hours after his first scheduled appointment. His scheduling practices caused significant overcrowding at his offices and left him with no meaningful ability to assess each individual patient. Mashali then falsely documented that he conducted extensive physical exams, when he most often did not even touch his patients.  As a result of his false statements, he obtained substantial reimbursement from Medicare and private insurance companies.

“Dr. Mashali ran his pain management practice as a pill mill,” said United States Attorney Andrew E. Lelling. “He overprescribed powerful narcotics without any discernible medical services to patients, and some patients died from overdoses. At one point, Dr. Mashali was one of the highest-volume prescribers of oxycodone in Massachusetts, second only to a leading Boston hospital. He took advantage of patients, his staff and the American healthcare system by defrauding Medicare. This sentence ensures that Dr. Mashali will never again treat – or mistreat – patients in order to line his own pockets at the expense of patient care.”

“Through his fraudulent schemes, Dr. Mashali exposed his patients to unnecessary risks, over-prescribed medications including powerful opiates, and recklessly failed to provide the appropriate level of treatment expected from our health care professionals,” said Harold Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Not only did he exploit Medicare and taxpayer funded programs to support his lavish lifestyle, he lied, cheated, and stole from these programs. Playing fast and loose with the rules undermines the integrity of our healthcare system, contributes to its rising cost, and ultimately impacts on the quality of care expected from health care providers. This case should serve as a warning to others that the FBI is deeply committed to investigating cases of graft and greed in order to protect important taxpayer funded programs.”

Mashali also routinely billed Medicare and private insurers for urine drug test results that were false and fraudulent. He caused patients’ urine samples to be stored for weeks and up to three months unrefrigerated in a sunlit space in his laboratory in Holbrook, Mass., which left them degraded and worthless. The decomposition caused a significant stench of stale urine throughout the lab. Mashali nevertheless made his lab technicians test all the old urine, while well aware that his practice of urine sample storage was wrong. When inspectors showed up at his lab, he directed his staff to move the unrefrigerated urine out of sight. 

Mashali mandated that his staff run every patients’ urine sample on two machines, each of which used the same scientific testing methodology, which Mashali knew was contrary to Medicare billing rules. He caused every patients’ urine specimen to be chemically confirmed, despite the fact that he did not even know the result of the initial urine drug screening test, knowing that this was also contrary to Medicare billing rules. Moreover, Mashali ran tests on chemical analyzers that had not been properly calibrated and validated.

When Medicare began to inquire about Mashali’s unlawful billing practices and initiated an audit of Mashali’s medical services, requesting 40 patient medical files, Mashali caused his staff both in the United States and in Egypt to falsely alter patient records. This included falsifying patient encounters which had taken place sometimes one or more years earlier, and faking and backdating the results of patients’ urine drug tests.  Mashali knew that his patient records would not pass muster with Medicare’s auditors and thus ordered his staff to make these changes.

Mashali used the proceeds derived from his fraudulent billing to fund a lavish lifestyle, spending money on his extravagant Dover residence and a condominium in Florida. For example, he ordered the construction of a carriage house and outfitted his Dover home with a squash court and movie theater. 

“Today’s sentence underscores our ongoing commitment to protecting the American people from all forms of healthcare fraud, safeguarding taxpayer resources and ensuring the integrity of essential healthcare programs,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services Office of Inspector General. “Today we’re sending a strong, clear message to anyone seeking to defraud Medicare: You will get caught and you will pay the price.”

“This case demonstrates the high-level of commitment and perseverance by all law enforcement partners to combat health care fraud,” said Anthony M. DiPaolo, Chief of Investigations for the Insurance Fraud Bureau. “Dr. Mashali took advantage of his patients and deprived them of proper health care while defrauding Medicare and other health care insurers.  The IFB has zero tolerance for this type of fraud and continues to fight health care fraud for the citizens of the Commonwealth.  The success of this case is due to the collaborative effort of all agencies involved.”

“The sentence imposed by the court today sends a strong message to the health care community -  those who defraud Medicare and private insurers to unjustly enrich themselves will pay a hefty price,” said Special Agent in Charge Joel P. Garland, IRS Criminal Investigation. “As a physician entrusted to promote the health of his patients, Mr. Mashali’s conduct is especially egregious.  He jeopardized lives by providing substandard care and often prescribed powerful opiates, contributing to the current epidemic.  The IRS will continue to bring our financial expertise to health care schemes investigated jointly with our partners.” 

U.S. Attorney Lelling; FBI SAC Shaw; HHS-OIG SAC Coyne; Massachusetts IFB Chief DiPaolo; IRS-CI SAC Garland; and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorneys Maxim Grinberg, Abraham R. George and Doreen Rachal of Lelling’s Office prosecuted the case.

BOSTON – An MS-13 member was sentenced today in federal court in Boston to racketeering conspiracy involving murder, attempted murder, and conspiracy to commit murder.

Bryan Galicia Barillas, a/k/a “Chucky,” 21, a Guatemalan national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 22 years in prison and five years of supervised release. Galicia Barillas will be subject to deportation upon completion of this sentence.  In October 2017, he pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.

The racketeering activity by Galicia Barillas, a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique, included his involvement in the death of an innocent bystander in Chelsea. On Oct. 18, 2014, Galicia Barillas and Hector Ramires, a/k/a “Cuervo,” another member of the ECS clique, encountered a group of individuals in Chelsea suspected of belonging to a rival gang.  Ramires, who was armed with a weapon that Galicia Barillas had provided on an earlier occasion, shot at one of the suspected gang rivals and missed, killing an innocent bystander who was looking out a nearby window of a room she shared with her three children. Galicia Barillas was a juvenile at the time of the murder.

Galicia Barillas also accepted responsibility for his role in a Sept. 8, 2014, stabbing and attempted murder of an individual in Chelsea, which Galicia Barillas also committed when he was a juvenile.  Shortly after he turned 18, Galicia Barillas was involved in an April 2015 conspiracy to kill an MS-13 member that the gang believed was cooperating with law enforcement, and a May 26, 2015 stabbing and attempted murder of a suspected rival gang member in Chelsea.

Ramires pleaded guilty in October 2017 to RICO conspiracy involving murder and is scheduled to be sentenced on April 11, 2018. 

After a three-year investigation, Galicia Barillas and Ramires were two of 61 persons named in a fifth superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. MS-13 is one of the largest criminal organizations in the United States with thousands of members across the country, including a sizeable presence in Massachusetts. MS-13 members are required to commit acts of violence, including murder, against suspected gang rivals and those suspected of cooperating with law enforcement. The fifth superseding indictment alleges that, from approximately 2014 to 2016, MS-13 cliques in Massachusetts were responsible for, among other things, six murders and approximately 20 attempted murders, as well as robberies and drug trafficking. 

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.

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

BOSTON – Eight men have been charged in three indictments on narcotics and money laundering offenses. The indictments are the result of a 14-month wiretap investigation into a large-scale drug trafficking organization supplied by sources in Mexico and spanning at least four states.  

1. Miguel Betancourt, 50, of Springfield, was charged with conspiracy to distribute, and possess with intent to distribute cocaine and money laundering conspiracy;

2. Isaac Cardona, 31, of Springfield, was charged with conspiring to distribute 500 grams or more of cocaine, conspiring to traffic at least one kilogram of heroin, and money laundering conspiracy;

3. Rafael Cardona Sr., 58, of Springfield, was charged with conspiring to distribute 500 grams or more of cocaine, and conspiring to traffic at least one kilogram of heroin;

4. Victor Hugo Gonzalez, 27, of Perris, Calif., was charged with conspiring to distribute five kilograms or more of cocaine, and money laundering conspiracy;

5. Jose Martinez, 32, of Lehigh Acres, Fla., was charged with conspiring to traffic at least one kilogram of heroin, and money laundering conspiracy;

6. Carlos Mares Jr., 39, of Springfield, was charged with conspiracy to distribute and possess with intent to distribute cocaine;

7. Lorenzo Deconinck, 59, of Jamaica, Vt., was charged with conspiracy to distribute and possess with intent to distribute cocaine; and

8. Juan Ramos, 37, of Wardsboro, Vt., was charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.

Betancourt, Rafael Cardona Sr., Isaac Cardona, Mares, Deconinck, and Ramos were arrested yesterday and arraigned in federal court in Springfield. Gonzalez was arrested and made his initial appearance in Irvine, Calif., on Oct. 6, 2017, but failed to appear for his scheduled arraignment in Springfield on Nov. 1, 2017. He is currently a fugitive.

A ninth co-conspirator, David Cruz, 40, of Westfield, Mass., was arrested in September 2016 and pleaded guilty to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine, conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, carrying a firearm in furtherance of a drug offense, and being a felon in possession of a firearm. He is scheduled to be sentenced on June 6, 2018.

According to court documents, Betancourt, the Cardonas, Gonzalez, and Martinez conspired with Cruz to traffic cocaine and heroin from Mexico, through California, to the Springfield area and into New England. The conspiracy involved approximately 32 kilograms of cocaine and at least one kilogram of pure fentanyl.

Cruz allegedly received his first shipment of cocaine from his drug sources in Mexico in the summer of 2015. Cruz distributed five kilograms of that cocaine to Betancourt, leaving Betancourt with a large drug debt. In an attempt to pay down his drug debt, it is alleged that Betancourt used his Enfield, Conn., used-car dealership, State Line Auto Sales LLC, to convey two vehicles to Cruz and register them in Massachusetts in the name of a third-party. In December 2015, Betancourt used a bank account held in the name of the dealership to wire $9,500 of Cruz’s drug proceeds to a bank account in Michoacán, Mexico, held by a relative of one of his Mexican cocaine sources.  

It is further alleged that Cruz received additional shipments of cocaine from his Mexican sources in late 2015 and August 2016. In July 2016, the Mexican drug sources sent Gonzalez from California to Westfield, Mass., to oversee the arrival of a shipment of cocaine. According to surveillance videos, on Aug.2, 2016, the cocaine arrived, concealed in a vehicle, and Cruz and Gonzalez unloaded more than five kilograms of cocaine from the vehicle in a parking lot. Cruz then broke down and repackaged the cocaine for distribution in Vermont and Massachusetts, where approximately one and a half kilograms of cocaine was distributed to Isaac Cardona in early August 2016.  

At the direction of the Mexican sources and Cruz, Gonzalez, and another co-conspirator, then deposited the cash proceeds from the cocaine sales into multiple accounts held by third parties in amounts under $10,000 in order to avoid triggering the banks’ reporting requirements.

The indictments also allege that Isaac Cardona owed Cruz money for one kilogram of the cocaine Cruz had distributed to him, and, in order to pay down that debt, Isaac Cardona, Rafael Cardona Sr., Martinez, Cruz, and other co-conspirators conspired to import at least one kilogram of heroin (which turned out to be pure fentanyl) from sources in Mexico. In late August 2016, Isaac Cardona and Martinez traveled by car to San Diego, Calif., with cash to pay for the heroin. Cruz later traveled to San Diego, retrieved the car and the cash, and, on Sept. 8, 2016, used the cash to purchase what he believed to be one kilogram of heroin. According to court proceedings, law enforcement in California seized the vehicle and recovered approximately one kilogram of pure fentanyl. 

It is alleged that Mares, Deconinck, and Ramos purchased cocaine from Cruz for redistribution.

The charges of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin provide for a minimum mandatory sentence of 10 years and up to life in prison, a lifetime of supervised release, and a fine of up to $8 million. With a prior felony drug conviction, the charge of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin provides for a mandatory minimum sentence of 20 years and up to life in prison, at least 10 years of supervised release, and a fine of up to $20 million. The charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. With a prior felony drug conviction, the charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of 10 years and up to life in prison, at least eight years of supervised release, and a fine of up to $8 million. The charge of conspiracy to distribute and possess with intent to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of $1 million. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of not more than $500,000 or twice the value of the property involved in the money laundering. 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; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. DEA’s Carlsbad Resident Office, Homeland Security Investigations, and the Westfield Police Department assisted in the investigation. Assistant U.S. Attorney Katharine A. Wagner of Lelling’s Springfield Office is prosecuting the case

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

BOSTON – A Waltham couple, their company, and a Syrian national were indicted today in federal court in Boston in connection with a scheme to smuggle goods out of the United States and to supply services to Syria. The company and the defendants also conducted business with EKT Electronics, which was involved in the acquisition and/or development of improved explosive devices used against U.S. troops in Iraq and Afghanistan.

Anni Beurklian, a/k/a Anni Ajaka (“Beurklian”), 49, a naturalized U.S. citizen from Lebanon who resided in Waltham; her husband, Antoine Ajaka, a/k/a Tony Ajaka (“Ajaka”), 50, a lawful permanent resident from Lebanon who resided in Waltham; Amir Katranji, a/k/a Amir Hachem Katranji, a/k/a Amir Hachem Alkatranji, a/k/a Amir Katra (“Katranji”), 52, a Syrian national; and Top Tech US Inc., a U.S. company, which operated out of the Ajaka/Beurklian residence in Waltham, were indicted on conspiracy to violate U.S. export laws and regulations, conspiracy to defraud the United States, smuggling U.S. goods out of the United States, conspiracy to obstruct justice, and obstruction of justice. Beurklian, Ajaka, and Top Tech US Inc. are also charged with illegally providing services to persons located in Syria and mail fraud. Beurklian and Ajaka previously fled the U.S. and have not returned.  

As alleged in the indictment, beginning no later than 2012 and continuing until Jan. 9, 2018, Beurklian and her husband operated an export business, Top Tech US Inc., out of their Waltham residence. The couple used their business to procure goods, including electronics, computer equipment, and electrical switches, from U.S. companies and export those goods out of the United States to customers in Lebanon and Syria. One of their customers was Amir Katranji, a citizen of Syria who operates and manages EKT Electronics (EKT), a company headquartered in Syria. In 2007, EKT and its founder, Mohammad Katranji, Amir Katranji’s father, were added to the Department of Commerce’s Entity List because the U.S. Government had determined that EKT and Mohammad Katranji were involved in activities related to the acquisition, attempted acquisition, and/or development of improvised explosive devices, which were being used against U.S. and Coalition troops in Iraq and Afghanistan. As a result, since 2007, no U.S. person has been permitted to export U.S. goods to EKT without first obtaining an export license from the Department of Commerce. As alleged in the indictment, no one has sought or obtained an export license to export any U.S. goods to EKT or Mohammad Katranji. 

The indictment further alleges that in or about 2013, Ajaka and Beurklian began doing business with Katranji and supplying U.S. origin goods to EKT using Top Tech US. Ajaka and Beurklian knew that Katranji operated a business in Syria and that they were providing brokering services to Katranji and his Syrian company, EKT, by buying and shipping U.S. origin goods to EKT and its customers. EKT paid Ajaka and Beurklian more than $200,000 through Top Tech US bank accounts for their services. To conceal their illegal activity with EKT and evade the mandatory export filing requirement, Ajaka and Beurklian, with the knowledge and agreement of Katranji, falsified shipping paperwork and undervalued goods being shipped overseas directly to, or on behalf of, EKT. 

Additionally, the indictment alleges that, in or about 2016, after U.S. Government officials began detaining international shipments made by Top Tech US before they had exited the country, Beurklian, Ajaka, and Katranji conspired to obstruct justice and obstructed justice by manipulating, deleting, and falsifying records regarding shipments of U.S. goods overseas. The indictment further alleges that, on Jan. 9, 2018, after engaging in plea negotiations with the U.S. Government, Beurklian and Ajaka fled the United States to avoid prosecution. To date, they have not returned.    

The charge of conspiring to violate U.S. export laws provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. The charges of conspiring to defraud the U.S. and conspiring to obstruct justice each provide for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of smuggling U.S. goods out of the U.S. provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charges of illegally providing services to persons located in Syria and mail fraud provide for a sentence of no greater than 20 years in prison and three years of supervised release. The fine for violating U.S. Syrian sanctions is  $1 million, and the fine for  mail fraud is $250,000.. 

The corporate defendant, Top Tech US, faces up to a $500,000 fine if convicted of smuggling goods from the United States, obstructing justice, conspiring to defraud the United States, and mail fraud; and up to a $1 million fine if convicted of conspiring to violate U.S. export laws and violating the U.S. Syrian Sanctions Regulations. 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; Michael Shea, Acting Special Agent in Charge of the Homeland Security Investigation, Boston Field Office; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation. Boston Field Division; Michael Imbrogna, Special Agent in Charge of the Department of Commerce, Office of Export Enforcement, Boston Field Office; and Leigh Alistair-Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney B. Stephanie Siegmann of Lelling’s National Security Unit.

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

BOSTON –Two MS-13 members have pleaded guilty in federal court in Boston to charges of racketeering conspiracy involving murder. 

Oscar Recinos Garcia, a/k/a “Psycho,” 24, a Salvadoran national, pleaded guilty today to RICO conspiracy and being an alien in possession of a firearm and ammunition. U.S. District Court Judge F. Dennis Saylor IV scheduled Recinos Garcia’s sentencing for June 13, 2018. 

Yesterday, Jose Andrade a/k/a “Inocente,” 27, a Salvadoran national, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO, and conspiracy to distribute marijuana. Judge Saylor scheduled Andrade’s sentencing for June 12, 2018. 

Andrade and Recinos Garcia were both members of the Everett Locos Salvatrucha, or ELS clique, of MS-13. The defendants admitted that their racketeering activity, on behalf of MS-13, included their involvement in the murder of a teenager who was associated with MS-13 and wrongly suspected by the gang of cooperating with law enforcement. On July 5, 2015, the victim was murdered in Lawrence by Josue de Paz a/k/a “Gato” and another MS-13 member. Evidence showed that Andrade and Recinos Garcia were both involved in planning the murder and shared the intent to have the victim killed. The evidence also showed that Andrade was part of the original plan to kill the victim, but was unable to participate in the murder because he was arrested in June 2015. The gang then recruited De Paz to commit the murder, and Recinos Garcia passed along the message to De Paz to kill the victim.    

De Paz and Recinos Garcia were arrested on July 8, 2015, in Somerville in a raid that resulted in the recovery of a firearm, several large knives, photographs of MS-13 members flashing gang signs, and a large volume of MS-13 paraphernalia, including blue and white hats, bandanas and rosary beads. Recinos Garcia was also charged with possession of the firearm seized on that day. Andrade was also charged with conspiracy to distribute marijuana after evidence revealed that he and other MS-13 members distributed marijuana on behalf of the gang.  De Paz pleaded guilty to RICO conspiracy involving murder and is awaiting sentencing. 

The charges of RICO conspiracy involving murder provide for a sentence of up to life in prison, up to five years of supervised release, and up to a $250,000 fine. The charge of conspiracy to distribute marijuana provides for a sentence of no greater than five years in prison, a lifetime supervised release, and a fine of $250,000. The charge of being an alien in possession of a firearm provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and up to a $250,000 fine. Andrade and Recinos Garcia will be subject to deportation upon the completion of their sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Andrade and Recinos Garcia are the 36th and 37th defendants, respectively, to be convicted in this case either after trial or after entering a guilty plea.  

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement.

The 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.

BOSTON – A Holyoke man was sentenced yesterday in federal court in Springfield for illegally possessing firearms.

Francisco Figueroa, 33, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 35 months in prison and three years of supervised release. In June 2016, Figueroa pleaded guilty to one count of being a felon in possession of firearms and ammunition. In November 2015, Figueroa and his co-defendant, Eric Lopez, were arrested and charged.

Figueroa and Lopez were arrested as part of an investigation into firearms and narcotics trafficking by members of the Springfield and Holyoke chapters of the Latin Kings. In total, 11 members and leaders were arrested as part of the investigation.

Figueroa is prohibited from possessing firearms and ammunition due to a prior criminal conviction. On Nov. 12, 2014, Figueroa possessed a Zastava, model SKS (M59/66A1), 7.62mm rifle and a CZ, model CZ527M Carbine, 7.62mm rifle.

In June 2016, Lopez pleaded guilty to illegally possessing firearms and ammunition. He was sentenced on March 15, 2018, to 114 months in prison.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner John Barbieri made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.

BOSTON – A Dominican national residing in Lawrence pleaded guilty today in federal court in Boston to identity theft and related charges.

Willy Antonio Hernandez Camilo, 34, pleaded guilty to one count of passport fraud, two counts of misuse of a Social Security number, and two counts of aggravated identity theft. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for June 4, 2018.

In 2014, Hernandez Camilo applied for a passport at a Methuen post office purporting to be a U.S. citizen. On the application he represented that the name, Social Security number, and date of birth of a Puerto Rican man were his. He supported the application with a birth certificate and a 2012 Massachusetts driver’s license, both in the victim’s name. In 2016, Hernandez Camilo went to a Massachusetts Registry of Motor Vehicles office in Haverhill and applied to renew his Massachusetts driver’s license. Again, he represented the victim’s identity to be his own. Hernandez Camilo admitted that he knew the identity he used was not fabricated but belonged to a real person.

The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release and a fine of up to $250,000. The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised released, and a fine of up to $250,000. The charge of misuse of a social security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. Department of State, Bureau of Diplomatic Security, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

Boston – Advanced Thermal Technologies, LLC (ATT), and its President and Chief Operating Officer, James W. Connell, of Upton, Mass., agreed today to pay $100,000 to resolve allegations that they failed to account for a portion of federal research grants they received and that they used a portion of the funds unlawfully. 

“This office will take action when grant recipients misuse federal taxpayer money and fail to account for federal research dollars,” said United States Attorney Andrew E. Lelling. “There are many deserving researchers who apply for government grants, and it is unacceptable and unethical for scientists to submit falsified information in order to gain a competitive edge.”

 Allison Lerner, NSF Inspector General said: “The SBIR program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to vigorously pursue oversight of these taxpayer funds.”

April G. Stephenson, DOE Principal Deputy Inspector General said: “This settlement serves as a reminder that fraud in the SBIR Program will not be tolerated. The SBIR Program is an essential Department of Energy program that supports scientific excellence and technological innovation and we will investigate and pursue fraud aggressively.”         

In a complaint filed today, the government alleges that ATT and Connell failed to account for federal grant funds under eight awards from the National Science Foundation (NSF) and the U.S. Department of Energy (DOE), in connection with the agencies’ Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. These programs grant awards to small, for-profit businesses, such as ATT, for the purpose of stimulating technological innovation, using small businesses to meet federal research and development needs, and increasing private sector commercialization of innovations derived from federal research and development. NSF and DOE awarded the research funds to ATT and Connell in response to grant applications that proposed research to identify and develop different materials and methods for dissipating the heat generated by high power electronics. 

The government’s complaint alleges that on multiple occasions from 2007 to 2016, Connell personally certified to NSF and DOE that: (1) ATT maintained an adequate financial system to account for the award funds as required by regulations, (2) ATT would comply with the award terms and conditions, and (3) ATT spent the award funds and performed the research in accordance with the terms and conditions. The complaint alleges that these certifications were often false because ATT and Connell failed to prepare and maintain documentation substantiating that they used the funds for the awarded research projects, and, on occasion, that they claimed and received funds for NSF projects that were already completed.

U.S. Attorney Lelling, NSF Inspector General Lerner and DOE Principal Deputy Inspector General Stephenson made the announcement today. The matter was handled by Assistant U.S. Attorney Anita Johnson of Lelling’s Civil Division. 

BOSTON – A Brockton man was convicted by a federal jury in U.S. District Court in Boston on Friday, March 16, 2018, of fentanyl distribution. 

Dany Brandao, 30, was convicted of four counts of fentanyl distribution and one count of possession with intent to distribute more than 40 grams of fentanyl. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for June 6, 2018.

On Oct. 7, 2016, Oct. 11, 2016, Oct. 25, 2016, and Nov. 1, 2016, Brandao met with an undercover police detective and sold him plastic baggies containing fentanyl. On Nov. 8, 2016, law enforcement executed a search warrant at Brandao’s home, where they located fentanyl, plastic baggies, cash, and a digital scale. The controlled purchases and search resulted in the seizure of more than 180 grams of fentanyl from Brandao. At the time of these offenses, Brandao was on federal supervised release stemming from a June 2013 conviction for heroin trafficking conspiracy.

Brandao faces a mandatory minimum sentence of 10 years and up to life in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Andrew E. Lelling; Michal J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts States Police; Brockton Police Chief John Crowley; East Bridgewater Police Chief Scott Allen; and Marshfield Police Chief Phil Tavares made the announcement today. Assistant U.S. Attorneys Leah Foley, Ann Taylor, and Craig Estes of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.