District of Massachusetts

BOSTON – The U.S. Attorney’s Office hosted a roundtable discussion today on sexual harassment in housing, which brought together local legal services organizations, fair housing organizations, and domestic violence advocates.

The Department of Justice, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act. Sexual harassment by landlords, property managers, maintenance workers, and others with power over housing often affects the most vulnerable populations – single parents, individuals who have financial difficulties, and people who have suffered sexual violence in their past.

“There are landlords and property managers who abuse their positions to extort sexual favors from, or even sexually assault, vulnerable tenants, and that is unacceptable,” said U.S. Attorney Lelling said.  “This conduct is an egregious violation of a person’s right to fair housing, and my Office’s Civil Rights Unit is dedicated to aggressively investigating such allegations and vigorously enforcing the law.”

In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment Initiative, an effort to combat sexual harassment in housing. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of its enforcement efforts – both among survivors and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.

The U.S. Attorney’s Office is collaborating with the Justice Department’s Civil Rights Division to raise awareness of the options that are available to help individuals experiencing sexual harassment. Community organizations, such as legal services offices, fair housing organizations, domestic violence advocates, shelters, and transitional housing providers, can identify the misconduct and recommend that individuals report sexual harassment to the Justice Department.

The Justice Department brings cases each year involving allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures.

In 2017, the Justice Department recovered more than $1 million in damages for harassment victims. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.

The Justice Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the U.S. Attorney’s Office’s Civil Rights Unit by calling (617) 275-8756 or emailing USAMA.CivilRights@usdoj.gov; or the Justice Department’s Civil Rights Division by calling (844) 380-6178 or emailing fairhousing@usdoj.gov.

The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement.  For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.

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

Denisa Bonculescu, 27, was sentenced by U.S. District Court Judge William G. Young to 21 months in prison and ordered to pay restitution of $43,082 and  forfeiture of $10,773.  In a separate hearing, Anamaria Margel, 24, was sentenced by Judge Young to 16 months in prison and ordered to pay restitution of $27,582 and forfeiture of $4,597. Bonculescu and Margel will face deportation proceedings upon completion of their sentences. In December 2017, Bonculescu and Margel pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, conspiracy to use counterfeit access devices and money laundering conspiracy.

In May 2017, Bonculescu and Margel were indicted in connection with the ATM skimming scheme along with 12 others.

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

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

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

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

BOSTON – Three Dominican nationals were arrested and charged yesterday in federal court in Boston in connection with drug trafficking activities that resulted in seizures of approximately two kilograms of suspected fentanyl.

Wareng Jhonny Villar-Ortiz, 39, Saul Martinez Escarfuller, 31, and Julio Cesar Baez, 49, were charged with conspiring to distribute and possess with the intent to distribute controlled substances, and possession with intent to distribute and distribution of controlled substances. 

According to court documents, a federal wiretap on phones used by Villar-Ortiz and Martinez Escarfuller revealed that Martinez Escarfuller was supplying drugs to Villar-Ortiz, who then distributed the drugs to various individuals.

During intercepted communications, agents learned that Villar-Ortiz was not satisfied with the quality of certain drugs provided to him by Martinez Escarfuller and wanted to return the drugs to him. On Feb. 14, 2018, Martinez Escarfuller went to Villar-Ortiz’s residence to retrieve the drugs. Agents followed Martinez Escarfuller after he left Villar-Ortiz’s residence, and, a short while later, agents observed Baez exit Martinez Escarfuller’s vehicle and enter into a second vehicle. During a subsequent frisk of Baez, a law enforcement officer observed inside Baez’s coat a large plastic bag, which contained an off-white substance that field-tested positive for the presence of fentanyl. Agents arrested both Baez and Martinez Escarfuller on state charges and seized five cell telephones and $6,000 from Martinez Escarfuller.

Court documents further indicate that on Feb. 15, 2018, agents executed a search of Villar-Ortiz’s residence and seized a kilogram of suspected heroin/fentanyl, a quantity of cocaine, $10,400 in U.S. currency, and other drug-related paraphernalia. 

According to court documents, Villar-Ortiz and Baez entered the United States illegally.

The charge of conspiracy provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. The charge of possession with intent to distribute and distribution of controlled substances provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. Villar-Ortiz and Baez will be subject to deportation upon completion of their sentences. 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; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Suffolk County District Attorney Daniel F. Conley; and Boston Police Commissioner William B. Evans made the announcement today. The Ipswich, Arlington, Somerville, and Medford Police Departments assisted with the investigation. Assistant U.S. Attorneys James E. Arnold and David J. D’Addio of Lelling’s Narcotics and Money Laundering Unit are prosecuting the case.

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

 

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

Eric Lopez, 36, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 114 months in prison and three years of supervised release. In June 2016, Lopez pleaded guilty to three counts of being a felon in possession of firearms and ammunition. In November 2015, Lopez and his co-defendant, Francisco Figueroa, were arrested and charged.

Lopez was 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.

Lopez is prohibited from possessing firearms and ammunition due to a prior criminal conviction. On two occasions in November 2014 and one occasion in January 2015, Lopez possessed a Zastava, model SKS (M59/66A1), 7.62mm rifle; a CZ, model CZ527M Carbine, 7.62mm rifle; approximately 140 rounds of .45 caliber ammunition; approximately 65 rounds of 7.62mm ammunition; a Marlin, model 1894CB, .45 caliber rifle; a Sturm Ruger, .22 caliber handgun; approximately eight rounds of .22 caliber ammunition; an Arsenal, model SLR-105R, 5.45mm rifle; and approximately 23 rounds of 5.4mm ammunition.

Figueroa pleaded guilty in June 2016. He is scheduled to be sentenced on March 20, 2018.

United States Attorney Andrew E. Lelling and 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 today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office prosecuted the case.

BOSTON – A Springfield man was charged yesterday in federal court in Springfield with being a felon in possession of firearms and ammunition.

Hector Navarro, 29, was charged by indictment with two counts of being a felon in possession of a firearm and ammunition. Navarro is scheduled to have an initial appearance before U.S. District Court Magistrate Judge Katherine A. Robertson on Monday, March 19, 2018.

According to the indictment, in September 2016, Navarro possessed a Mossberg, model 500, 12 gauge shotgun, and in October 2016, he possessed a Stoeger, model Cougar 8000, 9mm pistol; an Irwindale Arms Inc., model Automag III, .30 caliber pistol; a Coast to Coast, model CC660, 12 gauge shotgun; approximately 12 rounds of 9mm ammunition; approximately one round of .380 ammunition; and approximately three rounds of .30 caliber ammunition.

Due to a prior conviction of a crime punishable by imprisonment for more than one year, the defendant is prohibited from possessing firearms.

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

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco and Firearms, Boston Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner John Barbieri made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Lelling’s Springfield Branch Office is prosecuting the case.

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

BOSTON – The U.S. Attorney’s Office reached a $200,000 civil settlement today with Hamid Mohaghegh, Fitchburg Family Pharmacy, Inc., Gardner Family Pharmacy, Inc., and Worcester Family Pharmacy, Inc., in connection with the improper dispensing of Schedule II controlled substances and flawed recordkeeping by eight retail pharmacy stores that were owned and operated by Mohaghegh in 2016.        

“Controlled substances handled by pharmacies are subject to strict requirements because of their potential for harm and abuse,” stated United States Attorney Andrew E. Lelling. “For the sake of patient safety, and to ensure that medications are not stolen or sold on the street, we will continue to monitor pharmacies to ensure that they comply with all legal requirements related to the handling, dispensing, and recordkeeping of controlled substances.”

“Schedule II medications are extremely addictive. Pharmacies may not dispense them without a prescription signed by a doctor who has the authority to prescribe such substances,” said Special Agent in Charge Michael J. Ferguson of the Drug Enforcement Administration, New England Field Division. “DEA registrants are responsible for ensuring that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substances Act.  When these responsibilities are not adhered to, it allows for the diversion of prescription pain medication, which contributes to the widespread abuse of opiates, is a gateway to heroin addiction, and is devastating our communities.”

Mr. Mohaghegh owns several retail pharmacies in Massachusetts.  According to the settlement, pharmacists and staff at his stores failed to comply with recordkeeping and other requirements of the Controlled Substances Act on multiple occasions. The violations included filling Suboxone prescriptions by a provider who was not certified to prescribe the drug and not immediately reporting the theft or loss of controlled substances to DEA.

U.S. Attorney Lelling and DEA SAC Ferguson made the announcement today. The case was handled by Assistant U.S. Attorney Annapurna Balakrishna of Lelling’s Civil Division.

 

BOSTON – A Massachusetts man was sentenced today in federal court in Boston after receiving more than 30 packages of methamphetamine through the mail. 

Robert Annette, 58, of Somerville and Provincetown, was sentenced by U.S. District Court Judge Leo S. Sorokin to two years in prison and four years of supervised release. In November 2016, Annette pleaded guilty to conspiracy to possess with intent to distribute and to distribute methamphetamine.

From approximately 2011 through October 2013, Annette and others trafficked methamphetamine through the United States mail. Annette collected packages of methamphetamine sent to him from San Diego by co-defendant Leonard Leseman. In 2012, a Postal Inspector, conducting a routine drug interdiction, located a suspicious package sent by Leseman and addressed to a fictitious name at Annette’s Somerville residence. When the Inspector attempted to deliver the package, Annette refused receipt. From then on, Annette arranged for a network of friends to receive the packages. In total, Leseman mailed more than 30 packages containing methamphetamine to various addresses provided by Annette. During the investigation, law enforcement officers also seized packages containing methamphetamine that Leseman sent to customers in Washington, D.C., and Carnegie, Pennsylvania.

Leseman and Annette communicated via text message to discuss the logistics for orders, shipments and payments. For example, regarding a package that Leseman sent Annette, Leseman advised him: “You’ll see 3 blind mice eating ice cream.” After Leseman mailed the package from San Diego, Postal Inspectors in Massachusetts seized the package and opened it pursuant to a search warrant. Inside the package were three toy mice and an ice cream maker with four ounces of methamphetamine hidden inside.

Five individuals involved in this activity have pleaded guilty and four have been sentenced. In September 2017, Leseman was sentenced to 10 years in prison. Steven Marszalkowski, formerly of Provincetown, was sentenced to 13 months in prison in August 2017; and Scott Hill, formerly of Randolph, was sentenced to 42 months in prison in April 2017. Lawrence Ligocki, of Chelsea, is awaiting sentencing. The government has filed charges against a sixth individual, Dennis Villas of Seattle, Wash., who is scheduled to plead guilty in April 2018 before U.S. Senior District Court Judge Rya W. Zobel. 

United States Attorney Andrew E. Lelling; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Investigative assistance was provided by the U.S. Postal Inspector Service in San Diego and Pennsylvania, the Pennsylvania State Police, the Massachusetts State Police, and the Provincetown and Truro Police Departments. Assistant U.S. Attorneys James E. Arnold and Craig E. Estes of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON –The nationwide leader of MS-13’s Molinos Locos Salvatrucha clique pleaded guilty yesterday in federal court in Boston to charges of racketeering conspiracy involving murder. 

Oscar Duran, a/k/a “Demente,” 27, a Salvadoran national who resided in East Boston, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for June 8, 2018. 

After a multi-year investigation, Duran was one of 61 people named in a fifth superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13. 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. 

MS-13 is organized in Massachusetts and elsewhere in the form of so-called “cliques,” that is, smaller groups acting under the larger mantle of MS-13, with local cliques generally reporting up to national leaders, and ultimately to the leadership of MS-13 based in El Salvador.  Duran was the leader of the Molinos clique for the entire United States, as well as the local Boston-area leader of the clique. In that capacity, Duran encouraged and authorized MS-13 members to commit murder. As part of today’s plea, Duran accepted responsibility for authorizing the murder of a 15-year-old who was stabbed to death on Constitution Beach in East Boston on Sept. 7, 2015. 

Duran is the 35th defendant to be convicted in this case either after trial or after entering a guilty plea.  He is the 6th defendant in this case to be held responsible for murder.

The charge of RICO conspiracy involving murder provides for a sentence of up to life in prison, five years of supervised release, and up to a $250,000 fine. Duran will also be subject to deportation upon the 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.

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 Brazilian national was sentenced today in federal court in Boston for illegally reentering the United States after deportation.

Josilei DeCastro, a/k/a Marcos Santos, a/k/a Marcos Augusto Dos Santos, 37, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to six months in prison and one year of supervised release. DeCastro will face deportation proceedings upon completion of his sentence. In December 2017, DeCastro pleaded guilty to one count of unlawful reentry of a deported alien.

In May 2016, DeCastro was arrested and charged in state court with multiple counts of sexual assault on a nine-year-old child. In July 2016, DeCastro was indicted by the state on those charges. His state case is pending; his federal sentence will be served concurrent to any state sentence that might be imposed.

On Dec. 9, 2016, while held on the aforementioned state charges, DeCastro was encountered by law enforcement officers at the Middlesex House of Corrections and determined to be illegally present in the United States. DeCastro was previously deported on July 17, 2000.

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. Attorneys Kenneth G. Shine and David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Shrewsbury couple was sentenced today in federal court in Boston for their respective roles in a far-reaching, multi-million dollar conspiracy to distribute counterfeit steroids throughout the United States.  

Tyler Bauman, a/k/a “musclehead320,” 32, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 10 years in prison and three years of supervised release. Kathryn Green, 29, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to one year and one day in prison and three years of supervised release. In August 2017, Bauman pleaded guilty to conspiracy to distribute counterfeit testosterone, trenbolone, and other steroid compounds; conspiracy to traffic in counterfeit drugs; conspiracy to launder money; possession with intent to distribute controlled substances (steroids); and trafficking in counterfeit drugs. Green pleaded guilty that same month to one count of conspiracy to distribute controlled substances. In April 2017, Green and five others were charged for their roles in the conspiracy.

From approximately May 2015 until April 12, 2017, Bauman, Green and their co-conspirators manufactured steroid products made from raw materials that they purchased overseas and marketed 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. 

Bauman had a robust social media following on Instagram and other platforms under the moniker “musclehead320” and derivations of that name.  Bauman used the “musclehead320” persona to promote Onyx by claiming to be an “Onyx Sponsored Athlete.”  As “musclehead320,” he publicly denied any suggestion that he was directly involved with making or selling Onyx; however, at the same time, he was in fact marketing Onyx injectable steroids through other social media accounts, including Instagram accounts in the name of “onyx_roid” and “onyxpharma.” Through these accounts, Bauman provided customers with email addresses to place orders, received steroid orders, and then communicated with customers via these email addresses. 

Bauman directed other members of the conspiracy to ship steroids to customers using the U.S. Postal Service. Customers paid for the steroids via money remitters, such as Western Union and MoneyGram. Bauman then directed other members of the conspiracy to pick up payments at multiple remitter locations using false identifications to attempt to avoid suspicion.

Bauman purchased both the oral steroids (tablets) and the raw materials to manufacture the injectable steroids from overseas suppliers.  He also ordered the counterfeit Onyx labeling and packaging from overseas suppliers. The injectable steroids advertised and sold by the members of this conspiracy bore trademarks of Onyx Pharmaceuticals.

Further, Bauman laundered proceeds from the steroid sales through Wicked Tan LLC, a tanning salon located in Beverly, which he and a co-conspirator owned and operated specifically to launder the proceeds of the steroid operation.     

Green’s principal roles in the conspiracy were to pay another member of the conspiracy to ship steroids and to collect payments from customers.

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 cases. 

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

Carlos Pagan-Reyes, 31, of Pittsburgh, Penn., was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 11 months in prison and five years of supervised release. In December 2017, Pagan-Reyes pleaded guilty to failing to register as a sex offender.

On Feb. 17, 2017, Pagan-Reyes was arrested in Boston on state charges of possession of narcotics, buying/receiving stolen goods, assault with a dangerous weapon and failure to register as a sex offender. Pagan-Reyes was released from state custody pending charges. On April 27, 2017, federal investigators arrested Pagan-Reyes for failing to register as a sex offender in Massachusetts.

On April 25, 2007, Pagan-Reyes was convicted in Dauphin County, Penn., of statutory sexual assault and indecent assault on a child less than 16-years-old.  Pagan-Reyes was sentenced to state prison and ordered to register as a sex offender in any communities where he lived and worked upon release. Upon his release from prison, Pagan-Reyes registered as a sex offender in Pennsylvania. However, Pennsylvania authorities later became aware that Pagan-Reyes had left Pennsylvania without notifying the proper authorities, as he was required to do; they then issued a warrant for his arrest. Pagan-Reyes was arrested by federal authorities in Boston after determining that he had been living in Massachusetts since Nov. 30, 2016, and had not registered as a sex offender.         

United States Attorney Andrew E. Lelling; John Gibbons, U.S. Marshal for the District of Massachusetts; and Boston University Police Chief Kelly Nee made the announcement. Assistant U.S. Attorney David G. Tobin of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A New Bedford man was indicted today in federal court in Boston on drug and gun charges.

Ryan Holleran, 26, was charged with one count of possession with intent to distribute cocaine, oxycodone, and 28 grams or more of cocaine base; one count of possession of an unregistered firearm; one count of possession of a firearm with an obliterated serial number; and one count of possession of a short-barreled shotgun in furtherance of a drug trafficking crime.

On Nov. 10, 2017, law enforcement arrested Holleran after executing a search warrant at his apartment. Police recovered an unregistered firearm – a 12-gauge Remington model 870 Express Magnum pump action shotgun with a barrel length of less than 18 inches; a firearm with an obliterated serial number – a 5.56mm caliber Stag Arms model Stag-15 semi-automatic rifle; as well as an M-11 pistol and a Smith & Wesson revolver, over 700 rounds of assorted caliber ammunition, and 11 high capacity magazines.

The charge of possession with intent to distribute cocaine and oxycodone provides for a sentence of no greater than 20 years in prison, at least three years and up to a lifetime of supervised release, and a $1 million fine. The charge of possession with intent to distribute 28 grams or more of cocaine base provides for a mandatory minimum sentence of five years and no greater than 40 years in prison, at least four years and up to a lifetime of supervised release, and a fine of up to $5 million. The charge of possession of an unregistered firearm provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a $10,000 fine. The charge of possession of a firearm with an obliterated serial number provides for no greater than five years in prison, three years of supervised release, and a $250,000 fine. The charge of possession of a short barreled shotgun in furtherance of a drug trafficking crime provides for a minimum sentence of 10 years and up to life in prison, up to five 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; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro 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 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 member of La Mara Salvatrucha, or MS-13, pleaded guilty yesterday in federal court in Boston to charges of racketeering conspiracy and drug conspiracy.

Rutilio Portillo, a/k/a “Pantera,” 34, a Salvadoran national who resided in Chelsea, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, as well as conspiracy to distribute marijuana. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for June 7, 2018.

After a three-year investigation, Portillo was one of 61 persons named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. Portillo was a “homeboy,” or full member, of MS-13’s Everett Locos Salvatrucha (ELS) clique. During the investigation, law enforcement officers recorded conversations between Portillo and a cooperating witness in which Portillo discussed ongoing MS-13 activities in Massachusetts and admitted to conspiring with MS-13 members to distribute marijuana. 

Portillo is the 34th defendant to be convicted in this case. 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. Portillo will be subject to deportation upon the completion of their 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 – Four Worcester men were indicted today in federal court in Worcester in connection with a cocaine trafficking scheme.

Deibby Garcia, 36; his brother, Japhet Garcia, 33; Erick Cruz, 28; and Jose Gonzalez, 37, all of Worcester, were charged with conspiring to distribute and possess with the intent to distribute more than five kilograms of cocaine, and possession with the intent to distribute in excess of 500 grams of cocaine. Deibby Garcia, Japhet Garcia, and Cruz were arrested on Jan. 17, 2018.  Deibby Garcia and Cruz have been detained since, while Japhet Garcia was released on conditions on Feb. 12, 2018. Gonzalez was arrested on Jan. 30, 2018, and has been detained since.

According to court documents, in early December 2017, Japhet Garcia and Gonzalez entered a Worcester postal facility and attempted to retrieve a package, addressed to Gonzalez that had been shipped from Puerto Rico and had been found to contain approximately three kilograms of cocaine. 

A court-authorized wiretap of a phone belonging to Deibby Garcia revealed discussions between Deibby Garcia and an unidentified individual concerning the delivery of two packages from Puerto Rico on Jan. 16, 2018. The intercepts further revealed that Deibby Garcia made arrangements with Erick Cruz, a U.S. Postal Service letter carrier, to retrieve the packages once they arrived in Massachusetts. 

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

Agents thereafter intercepted discussions between Cruz and Deibby Garcia in which they discussed arrangements for Deibby Garcia to have the second package picked up, and they speculated about what had happened to the package that had been seized and searched by agents.  Wiretap intercepts also revealed communications in which Deibby coordinated with Gonzalez to arrange for a woman to pick up the three kilogram cocaine package from Cruz. When the woman was stopped by police after meeting with Cruz, she was found in possession of the second package, which contained another three kilograms of cocaine. 

The charge of conspiring to distribute in excess of five kilograms of cocaine provides for a mandatory minimum sentence of 10 years in prison and up to life, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. The charge of conspiring to distribute in excess of 500 grams of cocaine provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based 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; Eileen Neff, Special Agent in Charge of the United States Postal Inspection Service, Office of the Inspector General; Massachusetts Attorney General Maura Healey; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.

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

BOSTON – Five individuals were arrested in three states today and charged in connection with operating a long-running interstate prostitution ring. 

Yoon I. Kim, 36, of Haymarket, Va.; Taehee Kim, a/k/a “Hyunsook Kim,” 46, of Haymarket, Va.; Jineok Kim, 38, of Watertown, Mass.; Kyung Song, 52, of Lexington, Mass.; and Susan Bashir, a/k/a “Susan Redmon,” a/k/a “Susan Redmond,” 41, of Stone Mountain, Ga., were charged in a criminal complaint with one count of conspiracy to persuade, induce, entice, or coerce individuals to travel in interstate commerce to engage in prostitution. The defendants were arrested today and appeared in federal courts in Boston, Virginia, and Atlanta.  

According to the criminal complaint, beginning in at least November 2015, the defendants operated an interstate prostitution network with multiple brothels in high-end apartments in Cambridge, Mass.; Atlanta, Ga.; and eastern Virginia. They advertised appointments with Asian women primarily on three websites: www.bostonasiandolls.com, www.exoticasiansatlanta.com, and www.redhotflowers69.com. The women advertised on the websites were moved from city to city within the network, working as prostitutes for the organization. Co-conspirators collected the cash earnings from the women working at the brothels and made bulk deposits—sometimes thousands of dollars at a time in cash—at ATMs near the brothels, funneling the money into accounts controlled by other co-conspirators. Co-conspirators also used U.S. Postal money orders and the U.S. Mail to transport proceeds from the prostitution network. 

The charge of conspiracy to persuade, induce, entice, or coerce women to travel in interstate commerce to engage in prostitution provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain/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 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 Cambridge Police Commissioner Branville G. Bard Jr. made the announcement today. Assistant U.S. Attorneys David J. D’Addio and Amy Harman Burkart of Lelling’s Civil Rights Enforcement Team are prosecuting the case. 

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

BOSTON – A Fitchburg man pleaded guilty today in federal court in Worcester to dealing Oxycodone.

Marc Merchant, 53, pleaded guilty to three counts of distribution and possession with intent to distribute Oxycodone. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for June 7, 2018.

On three occasions, Merchant distributed Oxycodone to an undercover agent in transactions that were audio and video recorded. On two instances, Aug. 9, 2016, and Feb. 17, 2017, Merchant distributed 100 pills to the agent, and on March 8, 2017, Merchant distributed 200 pills to the agent. Merchant was arrested on April 3, 2017, and was found in possession of over $4,000 in cash and approximately 40 Oxycodone pills. 

The charge provides for a sentence of no greater than 20 years in prison, a minimum of three years of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; and Fitchburg Police Chief Ernest F. Martineau made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office is prosecuting the case.

BOSTON – A Dominican national formerly residing in Methuen was sentenced today in federal court in Boston for federal drug conspiracy.

Jorge Luis Nunez Martinez, who used the name William Matos, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 87 months in prison and three years of supervised release. Martinez will be subject to deportation upon completion of his sentence. In December 2017, Martinez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin, cocaine, and crack.

In October 2015, a confidential source reported that an individual named Javier Gonzalez Marcano was operating a large-scale drug trafficking organization in and around Lawrence and Lowell. The subsequent investigation revealed that Martinez was a runner for the Gonzalez Marcano drug trafficking organization. In October 2016, Martinez assumed control over the drug trafficking organization when Gonzalez Marcano returned to the Dominican Republic. Martinez and Juan Rodriguez Castro, another runner for the Gonzalez Marcano drug trafficking organization, were arrested in March 2017. 

In June 2017, Rodriguez Castro pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin, cocaine, and crack and was sentenced in October to 28 months in prison. Gonzalez Marcano is presently a fugitive.

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. Assistant U.S. Attorney Miranda Hooker of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.

BOSTON – A Boston man was sentenced today in federal court in Boston for selling crack cocaine in and around Roxbury’s Orchard Gardens Housing Development.

Dominique Dozier, 31, was sentenced by U.S. District Court Judge Allison D. Burroughs to 50 months in prison and six years of supervised release, during which time Dozier must stay away from the Orchard Gardens Housing Development area. In December 2017, Dozier pleaded guilty to two counts of distribution of cocaine base within 1,000 feet of a school.

On July 13, 2016, Dozier sold four bags of crack cocaine, which he described as “some fat ones,” to a cooperating witness in the lobby of his apartment building, which is near the Edna W. Bynoe Community Park in Roxbury. According to court documents Dozier has been convicted on nine separate occasions for 20 offenses that include violence, threats, weapons, and trafficking of drugs. Dozier 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 the Edna W. Bynoe Community Park.

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. 

BOSTON – A Winchester woman was sentenced today for bank fraud after using forged checks and account numbers to steal nearly a million dollars. 

Sager Kopchak, a/k/a Sager Dallai, 34, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 18 months in prison, three years of supervised release and ordered to pay a fine of $10,000. In September 2017, Kopchak was charged and agreed to plead guilty to four counts of bank fraud.

In late 2009, Kopchak contacted an individual she knew and asked to stay with the individual for a few weeks while Kopchak received cancer treatment. Kopchak stayed with the individual from late 2009 until the summer of 2010, and paid neither rent nor utilities. In reality, Kopchak did not have cancer and was not undergoing cancer treatment. While staying with the individual, Kopchak stole a checkbook and, over the next eight years, stole nearly $1 million by forging checks and using the routing numbers from the stolen checks to make charges against the individual’s account.  Kopchak used the stolen money to make high end purchases such as a pair of 2.05 karat diamond earrings ($9,700), five fur coats (totaling $21,297), Chanel purses (totaling $9,649), a Cartier watch ($3,250) and a trip to the Bahamas ($11,166), among other things.

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. The case was investigated with the assistance of the Boston Police Department.  Assistant U.S. Attorney Sara Miron Bloom of Lelling’s Economic Crimes Unit prosecuted the case.

BOSTON – A former New Bedford seafood wholesaler was sentenced today in federal court in Boston for failing to file tax returns and filing a false tax return for his business’ income.

George F. Estudante, 57, formerly of Marion, Mass., was sentenced to one year and one day in prison, one year of supervised release and ordered to pay restitution of $105,357. In December 2017, Estudante pleaded guilty to two counts of failing to file tax returns and one count of filing a false income tax return.

Estudante failed to file an income tax return for 2010, even though his business, Basic Fisheries, received approximately $1,418,629 in payments.  He also failed to file a tax return for 2011, although his business received approximately $1,607,726 in payments that year.  Furthermore, Estudante falsely swore on his 2012 tax return that he had received approximately $533,078 in gross receipts when his bank account reflected that he had received over $740,000.

United States Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement.  Assistant U.S. Attorney Stephen P. Heymann of Lelling’s Economic Crimes Unit prosecuted the case. 

BOSTON – A Chelsea man pleaded guilty today in federal court in Boston to his role in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.

Russell Ormiston, 51, pleaded guilty to conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled sentencing for June 13, 2018.

In November 2016, Ormiston and 10 co-defendants were charged with various methamphetamine offenses relating to a transnational trafficking scheme.

Beginning in at least 2013 and continuing to November 2016, Ormiston was involved in a conspiracy that transported methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways.  

Ormiston received methamphetamine from a co-conspirator, who received it from a supplier in California. Ormiston redistributed a portion of the methamphetamine to his customers.

The charge of conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine provides for a mandatory minimum sentence of 10 years in prison and up to life, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; 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 Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Evans made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; and the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorney Karen Beausey of Lelling’s Narcotics & Money Laundering Unit is prosecuting the cases.

BOSTON – A Worcester man was sentenced today in connection with a scheme to defraud the Commonwealth of Massachusetts of tobacco excise taxes and submitting false tax returns.

Mohamed Afeez, 32, was sentenced by U.S. District Court Judge Timothy S. Hillman to one year and one day in prison, three years of supervised release, and ordered to pay $973,218 in restitution and forfeiture. In April 2017, Afeez pleaded guilty to subscribing a false tax return and conspiracy. 

Between approximately late 2014 and July 2016, Afeez operated a wholesale business in Worcester that sold tobacco products, including cigars, smoking tobacco and smokeless tobacco (such as snuff and chewing tobacco), as well as other non-tobacco items, to convenience stores, gas stations and other retail businesses. Under state law, smokeless tobacco wholesalers must file an excise tax form monthly and pay a 210% excise tax on smokeless tobacco brought into Massachusetts. Cigar wholesalers must file an excise tax form quarterly and pay a 40% excise tax on cigars brought into Massachusetts.

In order to evade tobacco taxes, Afeez made regular purchases of loose smoking tobacco and smokeless tobacco from a distributor in Pennsylvania where these tobacco products are not taxed.  Afeez and a co-conspirator repeatedly drove bundles containing more than $10,000 in cash to the distributor for payment. A co-conspirator then drove the tobacco products to Massachusetts where Afeez resold them wholesale without paying the Massachusetts state excise taxes that he knew were due.  The illegal tobacco business generated over $448,000 that Afeez failed to report on his business’ income tax return for 2015. 

United States Attorney Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today.  Assistant U.S. Attorney Stephen Heymann of Lelling’s Economic Crimes Unit prosecuted the case

BOSTON – A Romanian national was sentenced today, and another pleaded guilty, in federal court in Boston in connection with an ATM skimming scheme operating throughout Massachusetts and other states including Connecticut, New York and South Carolina. 

Ion Trifu, 25, was sentenced by U.S. District Court Judge William G. Young to one year and one day in prison and one year of supervised release. In December 2017, Trifu pleaded guilty to conspiracy to use counterfeit access devices and money laundering conspiracy. Nicusor Bonculescu, 24, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, conspiracy to use counterfeit access devices, and aggravated identity theft. Judge Young scheduled sentencing for June 7, 2018.

In May 2017, Trifu and Bonculescu were indicted in connection with the ATM skimming scheme along with 12 others. Bonculescu is the eighth defendant to plead guilty.

The defendants, except for Trifu, were members of the Hornea Crew, led by Constantin Denis Hornea and Ludemis Hornea, and engaged in ATM skimming – a scheme in which the defendants obtained debit card numbers and PINs from unsuspecting bank customers, created counterfeit cards, and made unauthorized withdrawals from the victims’ bank accounts.

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

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

The charge of conspiracy to conduct enterprise affairs through a pattern of racketeering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and fine of $250,000. The charge of conspiracy to use counterfeit access devices provides for a sentence of no greater than five years in prison, three years of supervised release, and fine of $250,000. The charge of aggravated identity theft provides for a mandatory consecutive term of two years in prison. The defendants will face deportation proceedings upon completion of their sentences. 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 Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement today.  Assistance with the investigation was also provided by the Internal Revenue Service’s Criminal Investigations (IRS-CI) in Boston; U.S. Secret Service; U.S. Postal Service; Massachusetts Department of Correction; U.S. Customs and Border Protection; the Amherst, Billerica, Braintree, Boston, Quincy, Southwick, Waltham, Whately, and Westwood Police Departments; Connecticut State Police; Greenwich Police Department; the New York City Police Department; Houston Police Department; South Carolina Law Enforcement Division; Richland County (South Carolina) Sheriff’s Department; Florence and Saluda (South Carolina) Police Departments; and the Solicitor’s Offices of Greenville and Saluda Counties.  Assistant U.S. Attorney Timothy E. Moran of Lelling’s Organized Crime and Gang Unit is prosecuting the case.

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

BOSTON – A former Dartmouth Selectman pleaded guilty today in federal court in Boston in connection with concealing approximately $2.5 million in cash from the U.S. District Court following his sentencing proceedings in 2015.

John George Jr., 71, pleaded guilty to one count of obstruction of justice before U.S. District Court Senior Judge Douglas P. Woodlock, who scheduled sentencing for June 12, 2018. George was indicted in April 2017.

In July 2015, George was sentenced to 70 months in prison and ordered to pay restitution in the amount of $688,772 and forfeiture of $1.38 million for embezzling hundreds of thousands of dollars from the Southeastern Regional Transit Authority (SRTA). George was required to disclose his financial status to the Court, and reported that he only possessed approximately $28,000 in cash. However, in December 2015 and January 2016, federal law enforcement recovered more than $2.5 million in cash, as well as Rolex watches and jewelry that George had concealed in safe deposit boxes in New Bedford and Fairhaven.

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

United States Attorney Andrew E. Lelling; Todd A. Damiani, Special Agent in Charge of the Department of Transportation, Office of the Inspector General, Office of Investigations; Joel P. Garland, Special Agent in Charge of Internal Revenue Service’s Criminal Investigation in Boston; and U.S. Marshal John Gibbons for the District of Massachusetts made the announcement today. Assistant U.S. Attorneys Dustin Chao and Ryan M. DiSantis of Lelling’s Public Corruption Unit are prosecuting the case.

BOSTON – A Marlborough business owner and chief financial officer pleaded guilty today in federal court in Worcester in connection with a scheme to commit bank fraud.

James R. Faro, 61, of Dover, and John J. Crowley, 62, of Boca Raton, Fla., each pleaded guilty to conspiring to commit bank fraud. U.S. District Court Judge Timothy S. Hillman scheduled their sentencings for June 8 and June 13, 2018, respectively. Faro and Crowley were charged by Information in January 2018.

Faro is the former owner and president of Sea Star Seafood Corporation, a company previously headquartered in Marlborough that distributed frozen seafood products. Crowley is the former chief financial officer for Sea Star.

From October 2010 until August 2012, Sea Star maintained an asset-backed loan agreement whereby a bank agreed to loan Sea Star up to $6 million pursuant to a revolving line of credit. Sea Star pledged its assets – most notably its inventory and accounts receivable – as collateral for the loan. 

Between November 2010 and August 2012, Faro and Crowley conspired to intentionally overstate the value of Sea Star’s outstanding accounts receivable that it reported to the bank. By doing so, Faro and Crowley fraudulently increased the level of assets against which Sea Star could borrow from the bank. In August 2012, Sea Star informed the bank that it had discovered a “discrepancy” of over $3 million in its reported versus actual assets. Sea Star discontinued its business operations approximately one week later. 

The charge of conspiracy to commit bank fraud provides for a sentence of no greater than 30 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 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 Greg A. Friedholm of Lelling’s Worcester Branch Office is prosecuting the case. 

BOSTON – A member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique in Chelsea, Mass., was sentenced today in federal court in Boston for racketeering conspiracy.

Domingo Tizol, a/k/a “Chapin,” 23, a Guatemalan national who resided in Chelsea, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 10 years in prison and three years of supervised release. Tizol will be subject to deportation upon completion of his sentence.  

On May 26, 2015, Tizol and another MS-13 member Bryan Galicia-Barillas, a/k/a “Chucky,” attacked a suspected gang rival on Bellingham Street in Chelsea.  Tizol punched and hit the victim while Barillas stabbed the victim multiple times.  The victim survived the attack but suffered life-threatening injuries.

Tizol and Barillas were two of 61 defendants indicted in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. Barillas previously pleaded guilty and is awaiting sentencing. 

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 – An associate of the Genovese La Cosa Nostra (LCN) crime family was sentenced today in federal court in Worcester on extortion-related charges.

Gerald Daniele, 53, of Longmeadow, Mass., was sentenced by U.S. District Court Judge Timothy S. Hillman to two years in prison and three years of supervised release.  In December 2017, Daniele pleaded guilty to one count of using extortionate means to collect an extension of credit.

Daniele and co-defendants Ralph Santaniello, John Calabrese, Francesco Depergola, and Richard Valentini were associates of the New York-based Genovese LCN crime family and engaged in various criminal activities in the Springfield, Mass., area including loansharking and extortion from legitimate and illegitimate businesses, such as illegal gambling businesses and the collection of unlawful debts. Daniele admitted that he used violence, exploited his relationship with LCN, and implied threats of physical violence to instill fear in his victims.

Daniele further admitted that during a six-month period in 2015, he extended two extortionate and usurious loans to an individual, and then, along with Santaniello and Calabrese, threatened the individual if he did not make payments on the loans.

Santaniello, Calabrese, and Depergola pleaded guilty to extortion-related crimes. Their sentencings are scheduled for March 20, April 2, and May 11, 2018, respectively. In December 2017, Valentini was convicted by a federal jury of extortion and conspiracy to commit extortion; his sentencing is also scheduled for May 11, 2018. 

United States Attorney Andrew E. Lelling; Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Hampden County District Attorney Anthony Gulluni; and Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police, made the announcement. Assistant U.S. Attorney Kevin O’Regan, Chief of Lelling’s Springfield Branch Office; Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section; and Assistant U.S. Attorney Katharine Wagner of Lelling’s Springfield Branch Office are prosecuting the case.

BOSTON – Two men pleaded guilty yesterday in federal court in Boston to their roles in a large-scale methamphetamine trafficking and money laundering ring operating between Massachusetts and California.

Bruce Reisman, 51, of Boston, and Jesse Gillis, 32, previously of Allston and San Diego, Calif., pleaded guilty to drug trafficking charges. Reisman pleaded guilty to possession of methamphetamine with intent to distribute, and Gillis pleaded guilty to conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine and conspiracy to launder monetary instruments. U.S. Senior District Court Judge George A. O’Toole Jr. scheduled their sentencings for June 12, 2018, and June 13, 2018, respectively.

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

Beginning in at least 2013 and continuing to November 2016, Gillis and others participated in a conspiracy to transport significant quantities of methamphetamine from San Diego, Calif., to Massachusetts, where it was distributed in the greater Boston area. Proceeds from the sale of that methamphetamine were then transported and/or transferred back to California and laundered in various ways. Reisman possessed some of that methamphetamine with the intent to distribute it to others.

The charge of possession of methamphetamine with intent to distribute provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. The charge of conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine provides for a mandatory minimum sentence of 10 years in prison and up to life, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $10 million. 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, and a fine of up to $500,000 or twice the value of the property laundered. 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 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 Investigations in Boston; William Ferrara, Director of Field Operations of U.S. Customs and Border Protection; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Evans made the announcement. The Massachusetts Department of Correction; Norfolk County Sherriff’s Office; Suffolk County Sheriff’s Office; and the Reading, Watertown, Quincy, Chelsea, Braintree, Peabody, Waltham, and Woburn Police Departments; and Connecticut State Police assisted with the investigation. Assistant U.S. Attorney Karen Beausey of Lelling’s Narcotics & Money Laundering Unit is prosecuting the cases.

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

 

BOSTON – A New Bedford seafood manager was sentenced today in federal court in Boston for failing to report $75,000 in earnings on his tax returns.

Orlando Cardoso, 44, was sentenced by U.S. District Court Chief Judge Patti B. Saris to one year of probation, 10 months of which will be served in home confinement. Judge Saris also ordered Cardoso to pay $24,998 in restitution to the United States government. In November 2017, Cardoso pleaded guilty to two counts of filing a false income tax return.

Cardoso swore on his 2012 and 2013 tax returns that the only income he had received was from his employer. However, Cardoso had received over $75,000 in cash and checks from his employer’s supplier and failed to report the income on his tax returns.

United States Attorney Andrew E. Lelling and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement.  Assistant U.S. Attorney Stephen P. Heymann of Lelling’s Economic Crimes Unit prosecuted the case. 

BOSTON - A Granby man was arrested last night and charged in federal court in Springfield with child exploitation offenses.

Jonathan Monson, 35, was charged with sexual exploitation of a minor, distribution and receipt of child pornography, and possession of child pornography. Monson appeared in federal court today at 3:30 p.m. and was held in custody. A preliminary hearing is scheduled for March 22, 2018.

Monson is alleged to have used a child to produce child pornography, distributed child pornography, received child pornography, and possessed child pornography from February 2018 to March 8, 2018.

The charge of sexual exploitation of a minor provides for a sentence of no greater than 30 years in prison; the charge of distribution and receipt of child pornography provides for a sentence of no greater than 20 years in prison; and the charge of possession of child pornography provides for a sentence of no greater than 10 years in prison. Each charge provides for up to a lifetime 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Hampshire County Sheriff Patrick J. Cahillane; and Granby Police Chief Alan Wishart made the announcement today. Assistant U.S. Attorney Alex J. Grant of Lelling’s Springfield Branch Office is prosecuting the case.

The details contained in the complaint 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 CEOS, 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 Worcester woman pleaded guilty today in federal court in Worcester to her role in a heroin and cocaine conspiracy.

Kristin Little, 34, pleaded guilty today 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 J. Hillman scheduled sentencing for June 7, 2018. Little and four co-defendants, Vito Nuzzolilo, of Worcester; Thomas Walker, of Pemaquid, Maine; Melissa Rock, of Pemaquid, Maine; and Ricardo Ortega-Vasquez, a Dominican national residing in New York City, were indicted in July 2017.

In May 2017, as a result of an investigation into drug trafficking in the Worcester area, Little and Nuzzolilo were arrested for their roles in a drug conspiracy. (The three other co-defendants were arrested in June and July 2017.) Little sold heroin and cocaine from her apartment in Worcester and collected debts that arose from previous drug sales. In 2017, a federal wiretap captured Nuzzolilo directing Little to provide heroin and cocaine of various quantities to numerous customers.

Little faces a sentence of 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; 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 Salvadoran national was sentenced today in federal court in Boston for illegally reentering the United States after deportation.

Gerardo Alberto Perez-Fuentes, 22, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six months in prison and one year of supervised release. Perez-Fuentes will be subject to deportation proceedings upon completion of his sentence. In December 2017, Perez-Fuentes pleaded guilty to one count of unlawful reentry of a deported alien. 

Perez-Fuentes was previously deported on Sept. 4, 2015, and on Oct. 8, 2015. On Sept. 6, 2017, law enforcement in Chelsea encountered Perez-Fuentes and determined him to be illegally present in the United States.

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 Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A New York-based oxycodone trafficker was convicted yesterday following a three-day trial in Boston.

Ilir Bregu, 46, of Staten Island, N.Y., was convicted of conspiracy to possess with intent to distribute and to distribute oxycodone. U.S. District Court Judge George A. O’Toole Jr. scheduled sentencing for June 7, 2018.

In 2014 and 2015, agents observed foot and vehicle traffic consistent with street-level drug sales coming and going from the home of Mario Scata, 71, and his son, Manuele Scata, 45, of Revere, and from Manuele Scata’s business, D & M Auto Doctor, on Bennington Street in East Boston. While investigating the Scatas’ oxycodone trafficking, Scatas’ pill supplier, Bregu, was identified through surveillance and phone analysis. After obtaining a search warrant to track the precise location of Bregu’s phone, it was determined that every two-to-three weeks, Bregu drove his vehicle from Staten Island to Revere or East Boston, met with one or both of the Scatas, and then returned to Staten Island.

On July 16, 2015, a series of search warrants were executed after tracking Bregu’s phone from Staten Island to East Boston and then watching as Bregu met with Mario and Manuele Scata at D & M Auto Doctor. During the searches, a sophisticated hidden compartment was discovered in Bregu’s vehicle, which contained $37,800 in U.S. currency. Approximately 1,900 oxycodone pills were also recovered, a loaded firearm, and a machete from Manuele Scata’s vehicle as well as additional oxycodone pills, a hand-written drug ledger, and nearly $12,000 in U.S. currency from the Scatas’ home.

In December 2017, Mario Scata pleaded guilty to conspiracy to distribute oxycodone and possession with intent to distribute oxycodone. He is scheduled to be sentenced on March 22, 2018. On Feb. 26, 2018, Manuele Scata pleaded guilty to conspiracy to distribute oxycodone, possession with intent to distribute oxycodone, and use of a firearm during and in relation to a drug trafficking offense. His sentencing is scheduled for May 29, 2018.

The charge of conspiracy to distribute oxycodone provides for a sentence of no greater than 20 years in prison, three years and up to a lifetime of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; 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; Revere Police Chief James Guido; Quincy Police Chief Paul Keenan; and Boston Police Commissioner William Evans made the announcement today. The case was prosecuted by Assistant U.S. Attorneys Christopher Pohl, of Lelling’s Organized Crime and Gang Unit, and Miranda Hooker, of Lelling’s Narcotics and Money Laundering Unit.

BOSTON - A Ghanaian national was arrested yesterday and charged in federal court in Worcester with illegal possession of identification documents and aggravated identity theft.

Yaw Okyere, 33, a citizen of Ghana residing in Worcester, was charged by criminal complaint with being illegally in possession of five or more identification documents and aggravated identity theft. Okyere appeared before Chief U.S. Magistrate Judge David H. Hennessy, who ordered Okyere detained pending a probable cause and detention hearing scheduled for March 13, 2018.

According to court documents, on March 7, 2018, federal agents executed a search warrant at Okyere’s apartment in Worcester, where they seized computers and a printer. An initial forensic review of one of the computers revealed files containing more than 190 Massachusetts driver’s licenses with various names and photographs.

During the execution of the search warrant, agents interviewed Okyere, who stated that he was a citizen of Ghana, had arrived in the United States a few years earlier on a visa, that he had overstayed his visa, and was unsure of his immigration status.

The charge of illegally possessing five or more identification documents provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft carries a mandatory sentence of two years in prison, which must be served consecutive to any other sentence imposed by the sentencing court. 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; Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Worcester Police Chief Steven M. Sargent 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 complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.  

BOSTON – A Florida man was indicted yesterday in federal court in Boston in connection with a scam in which he and co-conspirators defrauded victims by pretending to be employees of the Securities and Exchange Commission.

Frank Gregory Cedeno, 27, of Ocoee, Fla., was indicted for conspiracy to commit wire fraud and conspiracy to commit money laundering. In January 2018, Cedeno was charged by criminal complaint and arrested.

The indictment alleges that, from at least April 2016 through November 2017, Cedeno conspired with others to defraud victims by pretending to be employees of the Securities and Exchange Commission (SEC). Under that guise, members of the conspiracy allegedly demanded money from victims, directing them to send it to members of the conspiracy, including Cedeno. The conspirators who received the money generally withdrew it from bank accounts quickly, then forwarded much of it to individuals in the Dominican Republic. In one common version of the scam, victims received e-mails that used official-seeming documentation and the SEC seal to induce the victim to pay a fee in order to receive a portion of a legal settlement. In another version, victims received e-mails and official-seeming documents labeling the victim a defendant in a civil lawsuit, in which the victim owed tens of thousands of dollars in supposed disgorgement, penalties, and fees. The documents gave the victim a choice of either appearing in court to contest the lawsuit or paying a smaller fee.

Co-conspirator Leonel Alexis Valerio Santana, 28, of Boston, was previous charged by criminal complaint in connection with the scheme and remains detained pending trial. That complaint alleged that, between June 2015 and June 2017, there were at least 95 victims targeted by the scam, with fraudulent solicitations exceeding $1.3 million and actual losses of more than $235,000.

The charge of conspiracy to commit wire fraud provides for a sentence no greater than 20 years in prison, three years of supervised release, a fine of up to $250,000, or twice the gross gain or loss in the offense, and restitution. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $500,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Carl. W. Hoecker, Inspector General of the U.S. Securities and Exchange Commission’s Office of Inspector General; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorney Brian A. Pérez-Daple of Lelling’s Criminal Division is prosecuting the case.

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

BOSTON – Danvers-based Abiomed, Inc. has agreed to pay $3.1 million to resolve allegations that it violated the False Claims Act by purchasing lavish meals for physicians in order to induce them to use Abiomed’s Impella line of heart pumps.  

The United States contends that Abiomed sought to induce physicians to use its pumps, which cost more than $20,000 each, by buying meals for them at some of the country’s most expensive restaurants, including Menton in Boston, Nobu in Los Angeles, Spago in Beverly Hills, and Eleven Madison Park in New York City.  The government further contends that Abiomed (1) paid for physicians’ meals in instances where attendees ordered alcohol in an amount inconsistent with legitimate scientific discussion; (2) paid for meals at expensive restaurants where employees invited spouses of physicians to attend (and those spouses did attend) even though the spouses had no legitimate business purpose for attending the meal; (3) paid for numerous meals for physicians in which the cost per-attendee well exceeded Abiomed’s own $150 per person guideline (in one instance exceeding $450 per-attendee); and (4) paid for meals for physicians in which their employees misrepresented the number of attendees, listed attendees with generic names (e.g., Mike Anesthesia), or listed fictitious names of individuals who did not attend the meal, which had the effect of making the true per-attendee cost appear lower. Abiomed managers approved the expenses for all of these meals.

“We expect today’s settlement with Abiomed to serve as a warning to medical device manufacturers who try to improperly influence the treatment decisions of physicians,” said United States Attorney Andrew E. Lelling.  “Providing doctors with lavish meals, or meals that focus on entertainment rather than education or science, can impair a physician’s independent medical judgment – something each and every patient is entitled to.  My office will continue to investigate sales practices that interfere with that independent medical judgment and that heighten the risk of improper use of limited federal healthcare dollars.” 

“The FBI will continue to target medical device manufacturers or pharmaceutical companies who attempt to influence the medical decisions of health care providers whether through expensive meals or other improper arrangements,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “This settlement reaffirms the efforts of the FBI and its partners, who remain committed to rooting out companies whose sales practices can interfere with the medical judgment of physicians.” 

“Health care companies seeking to boost profits by wining and dining physicians must be held accountable,” said Special Agent in Charge Phillip Coyne with the Office of Inspector General of the U.S. Department of Health and Human Services.  “Lavish dinners can undermine impartial medical decision-making of physicians, drive up health care costs, and reduce the public’s trust in federal government health plans.”

The settlement announced today stems from a complaint filed by a former Abiomed employee under the whistleblower provisions of the False Claims Act, which authorizes private parties to sue on behalf of the United States and to receive a portion of any recovery. See United States ex rel. Bennett v. Abiomed, Inc., No. 13cv12277-IT. The whistleblower will receive $542,500 of the settlement.

The investigation was handled by the Federal Bureau of Investigation and the Department of Health and Human Services Office of Inspector General.  The matter was handled by Assistant U.S. Attorneys Patrick M. Callahan of Lelling’s Healthcare Fraud Unit and Abraham R. George of Lelling’s Affirmative Civil Enforcement Unit.

BOSTON – Luis Alberto Solano-Pimental, 51, was arrested yesterday in Rhode Island after eluding law enforcement for 20 years. He appeared in federal court in Boston before U.S. Magistrate Judge Jennifer C. Boal, who ordered him detained.

In 1997, Solano-Pimental pleaded guilty to passport fraud in federal court in Boston, but failed to appear on his scheduled sentencing date. Solano-Pimental remained a fugitive until he was arrested yesterday in Warwick, R.I.

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. 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; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; John Gibbons, United States Marshal for the District of Massachusetts; and Jamie A. Hainsworth, United States Marshal for the District of Rhode Island, made the announcement. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

BOSTON – A Chelsea man, dubbed the “Spelling Bee Bandit,” was sentenced today in federal court in Boston for four bank robberies.

Jason S. Englen, 34, was sentenced by U.S. District Court Judge Richard G. Stearns to 84 months in prison and three years of supervised release. In November 2017, Englen pleaded guilty to four counts of bank robbery.

On Oct. 31, 2016, a man, later identified as Englen, entered a branch of TD Bank in Arlington, approached a teller and presented a note written on a deposit slip indicating a robbery and demanding cash. On the note, the word “robbery” was misspelled. The teller handed Englen money from the drawer and Englen fled the bank leaving the demand note behind. 

Over the next few weeks, three additional banks were robbed in the same fashion: a branch of TD Bank in Reading on November 5, a branch of Salem Five in Burlington on November 7, and a branch of TD Bank in Peabody on November 13. Based on the similarity of the robberies and the physical description of the robber, law enforcement, seeking help from the public, identified Englen, who was already in state custody on unrelated charges, as the bank robber. On Dec. 12, 2016, Englen was arrested by federal authorities and charged.

United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Suffolk County Sheriff Steven Tompkins; Arlington Police Chief Frederick Ryan; Reading Police Chief Mark D. Segalla; Burlington Police Chief Michael Kent; and Peabody Police Chief Thomas Griffin made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.

BOSTON – A Gardner man pleaded guilty today in federal court in Worcester to a federal firearm offense.

Edwin Labaw, 33, pleaded guilty to one count of being a felon in possession of a firearm. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for July 9, 2018. In November 2017, Labaw was arrested after being charged in a criminal complaint. 

On Sept. 19, 2017, Labaw and another individual, Travis Miller, met with an undercover federal agent in Gardner and sold the agent 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 and Labaw met again with an undercover federal agent on Sept. 27, 2017, in Fitchburg and sold the agent a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800.  

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

Miller was also arrested in November 2018 and charged in federal court in Worcester with being a felon in possession of ammunition and with distributing fentanyl. He has a court hearing scheduled for March 22, 2018.

Labaw faces a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

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

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

BOSTON – A Brazilian national pleaded guilty today in federal court in Boston to charges of ATM skimming in the Boston area and North Shore.

Helisson Benazi de Souza, 38, pleaded guilty to one count of using counterfeit access devices (debit cards); one count of possessing 15 or more counterfeit access devices (debit cards); three counts of possessing device-making equipment (ATM skimming devices); one count of illegal transactions with an access device (other persons’ debit cards); and two counts of aggravated identity theft. U.S. District Court Judge William G. Young scheduled sentencing for June 19, 2018.

Benazi de Souza was part of an ATM skimming operation in which he stole the debit card information and personal identification numbers (PIN) of legitimate bank account holders when they used their debit cards at ATMs. Skimming devices made to look like legitimate card access slots were used to record the account information on the magnetic stripes of the debit cards, while secret pinhole cameras recorded the cardholders entering their PINs on the keypads. The stolen account information was then saved on blank plastic cards, including gift cards and hotel key cards, making “clones” of the legitimate debit cards. Benazi de Souza used such cloned cards, and the corresponding PINs, to withdraw $43,000 from ATMs in the Metro Boston area in May 2017.

Benazi de Souza was arrested in May 2017, after law enforcement was alerted by a bank’s fraud investigator. The investigator discovered that someone was making a number of withdrawals that day at three ATMs in Lynn from bank accounts that the investigator knew had been compromised. When police searched Benazi de Souza’s car, they discovered thousands of dollars in cash, all in $20 bills. They also found over 200 gift cards and hotel key cards containing small stickers. Benazi de Souza admitted that the numbers written on the stickers were cardholders’ PINs.

Before the arrest, surveillance video from banks in Malden and Saugus showed an unknown man installing and removing skimming devices and pinhole cameras at the banks’ ATMs. Benazi de Souza admits to being that man.

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 using counterfeit access devices 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 possessing 15 or more counterfeit access devices 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 possessing device-making equipment provides for sentence of no greater than 15 years in prison, three years of supervised release, and a fine of $250,000. The charge of illegal transactions with an access device 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. 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; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and Lynn Police Chief Michael A. Mageary made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.

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

Anthony Robertson, 36, was indicted on one count of failing to register as a sex offender. Robertson was arrested and originally charged by complaint in February 2018; he has been detained since.

According to court documents, Robertson is required to register as a sex offender as a result of two prior convictions: in 2001, second degree rape; and in 2006, third degree rape. In 2014, Robertson was convicted in a New York state court of failure to register as a sex offender.

In approximately May 2017, Robertson traveled from New York to Pittsfield, Mass., where he established residence. In June 2017, a New York detective informed Robertson that he was wanted in New York for failing to register as a sex offender and was advised to turn himself in. Robertson neither turned himself in, nor registered as a sex offender in Massachusetts until after he was arrested on Aug. 25, 2017, on unrelated drug and firearm charges.   

The charge of failure to register provides for a sentence of no greater than 10 years in prison, up to 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 CEOS, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for his role in a heroin trafficking scheme operating in and around Lawrence.

Waner Manuel Lara, a/k/a Anibal Santiago-Torres, 34, was sentenced by U.S. District Court Judge Indira Talwani to 65 months in prison and six years of supervised release. In October 2017, Lara pleaded guilty to one count of conspiracy to possess with intent to distribute and distribution of 100 grams or more of heroin and fentanyl and one count of possession with intent to distribute 100 grams or more of heroin. In March and April 2016, Lara and three co-defendants were arrested and charged for their roles in the drug trafficking operation.

From about April 2015 to March 2016, law enforcement investigated the drug distribution activities of Ramon Baez and his associates in and around Lawrence. Baez obtained kilograms of heroin and cocaine from local suppliers and suppliers based in Mexico. One of Baez’s co-conspirators, Jose A. Rosario, supplied Baez with heroin, which Baez then repackaged for distribution.

Lara and another co-defendant, Edwin Soto, purchased heroin and fentanyl from Baez. On Dec. 29, 2015, law enforcement officers seized $99,200 in drug proceeds from Soto, intended for Baez. On March 19, 2016, agents seized from Lara 140 grams of heroin and fentanyl supplied to him by Baez. In total, the Court found Lara responsible for more than 300 grams of heroin and/or fentanyl.

Baez was sentenced in June 2017 to 121 months in prison; Rosario was sentenced in September 2017 to 22 months in prison; and Soto was sentenced in January 2018 to four years in prison.

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. Assistant U.S. Attorney Katherine Ferguson of Lelling’s Narcotics and Money Laundering Unit prosecuted the cases.

 

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

Luis Oppenheimer, 30, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 66 months in prison and three years of supervised release. In May 2015, Oppenheimer pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin, and one count of possession with intent to distribute and distribution of heroin.

On Oct. 6, 2013, Oppenheimer sold heroin to an undercover federal agent in Springfield, which was captured on video. In addition, Oppenheimer admitted that, during the transaction, he accepted $400 in cash in exchange for drugs after his co-conspirator, Jose Vargas, handed heroin to the undercover agent.

Vargas, pleaded guilty to the same crimes on March 31, 2015, and was sentenced to one year of probation.

United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office prosecuted the case.

BOSTON – A New Hampshire man was sentenced yesterday in federal court in Boston for his role in a widespread heroin and fentanyl trafficking conspiracy operating in Lawrence.

Carlos Hernandez, 34, of Manchester, N.H., was sentenced by U.S. District Court Judge Denise J. Casper to 30 months in prison and three years of supervised release. In October 2017, Hernandez pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, cocaine and fentanyl. 

On May 30, 2017, a large scale law enforcement operation was conducted in an effort to dismantle two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Ramon Gonzalez-Nival, who was also a source of supply for Patrone. Hernandez was arrested and charged along with Patrone, Gonzalez-Nival, and approximately 30 co-conspirators.  

Hernandez was a redistributor in New Hampshire for the Gonzalez-Nival organization. He was arrested on Feb. 25, 2017, after picking up twelve 10-gram units from Gonzalez-Nival’s courier. During a traffic stop shortly thereafter, approximately 120 grams of suspected fentanyl was seized from Hernandez and his passenger, co-defendant Rory Connolly.

Patrone and Gonzalez-Nival have pleaded not guilty and are awaiting trial. Connolly pleaded guilty in November 2017 and was accepted into the Court’s RISE program.

The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. 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; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; and Lawrence Police Chief Roy P. Vasque made the announcement. Assistant U.S. Attorney Susan Winkler of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.

This case is the result of a joint investigation conducted by the DEA Cross Border Initiative - comprised of the DEA, the Massachusetts State Police, and the Andover, Haverhill, Lawrence, Lowell, and Wilmington Police Departments - and the ongoing effort of the Organized Crime Drug Enforcement Task Forces (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.

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 Beverly, Mass., man was arrested today in connection with mailing five threatening letters containing suspicious white powder to high-profile individuals around the country. 

Daniel Frisiello, 24, was charged in a criminal complaint with five counts of mailing a threat to injure the person of another and five counts of false information and hoaxes. Frisiello was arrested this morning and will appear in federal court in Worcester later this afternoon.

As alleged in court documents, law enforcement has connected Frisiello to at least five incidents of high-profile individuals around the country who received an envelope that bore a Boston postmark, containing suspicious white powder and a note indicating or implying that the powder was dangerous or intended to cause harm.

“This investigation should remind people that law enforcement will prioritize finding and charging those who try to cause panic by sending threatening letters containing what looks like dangerous substances,” said United States Attorney for the District of Massachusetts Andrew E. Lelling. “Beyond terrifying the victims, these incidents caused law enforcement agencies around the country to spend time and money deploying emergency response units. Thankfully, the white powder in these letters was inert and no one was harmed. This does not change the fact that the defendant allegedly used the internet, the U.S. Mail, and popular fears of biological weapons to threaten and frighten people who did not share his views, and that is something we will prosecuted accordingly.”

“This investigation by the Boston Joint Terrorism Task Force sends a strong message to those who seek to terrorize the public by sending powder letters through the mail. Whether real or a hoax, don’t do it. There are plenty of appropriate, lawful ways, to express your opinion and voice your displeasure, but inducing panic and sending what is believed to be a weapon of mass destruction through the mail is certainly not one of them. As alleged, Mr. Frisiello sent letters from the Boston area containing white powder that required emergency responses all over the country,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “While we determined that the mailings did not contain toxins or poison, each of these incidents required a significant law enforcement response, a field screening of the letter’s contents, and a methodical analysis by FBI weapons of mass destruction and laboratory experts. All this comes at a cost to taxpayers’ money and diverted first responders and other limited resources away from actual emergencies.”

“The U.S. Postal Inspection Service is committed to keeping the U.S. Mail, its employees, and customers safe,” said Raymond Moss, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “When the U.S. Mail is used to transport dangerous or potentially dangerous items or substances, it is taken very seriously. The arrest of this individual is a result of a coordinated investigation with the Federal Bureau of Investigation, the United States Secret Service, and other federal, state and local partners. The U.S. Postal Inspection Service will continue to investigate and bring criminals to justice to ensure the public’s trust in the U.S. Mail.”

“This case demonstrates the commitment of the U.S. Secret Service to fully investigate any type of threatening behavior directed towards our Protectees.  It also highlights the ongoing collaborative efforts with our law enforcement partners, specifically the U.S. Attorney’s Office for the District of Massachusetts, the Federal Bureau of Investigation, the U.S. Postal Inspection Service and all of our state and local partners involved in the Joint Terrorism Task Force,” said Stephen Marks, Special Agent in Charge of the U.S. Secret Service Boston Field Office.

It is alleged that the first envelope was addressed to “DonalD trump Jr,” the son of President Trump, and was postmarked in Boston on Feb. 7, 2018. The addressee’s wife opened the envelope, which contained an unknown suspicious white powder, and the following printed message:

You are an awful, awful person, I

am surprised that your father lets

you speak on TV. You make the

family idiot, Eric, look smart. This is

the reason why people hate you,

so you are getting what you

deserve. So shut the **** UP!

            The second envelope was addressed to Nicola T. Hanna, the Interim United States Attorney for the Central District of California. Also postmarked in Boston on Feb. 7, 2018, the envelope contained an unknown suspicious white powder, which spilled out when it was opened. The letter inside the envelope bore the following printed message:

            That’s for murdering Mark Salling! I

            Hope you end up the same place as Salling.

As alleged in court documents, Mark Salling, who committed suicide in January 2018, was a defendant in a child pornography case being prosecuted by Hanna’s office.

Subsequent envelopes containing threatening letters were mailed to Michele Dauber, a Professor of Law at Stanford University; U.S. Senator Deborah Stabenow of Michigan; and Antonio Sabato Jr., who is running for a congressional seat in California.    

After each envelope was opened, a hazardous material response was required by law enforcement.

It was determined that there were notable commonalities among the envelopes, including that all five envelopes contained an unknown powdered substance, which has since been determined to be nonhazardous. Further investigation revealed that Professor Dauber was also sent a “glitter bomb.” A glitter bomb is a letter containing glitter sent to an unsuspecting individual that, when opened, spills out onto the recipient. Law enforcement traced financial records to Frisiello who ordered and paid for the glitter bomb to be delivered to Professor Dauber. Furthermore, on Feb. 21, 2018, agents recovered trash from Frisiello’s residence that appeared to contain remnants of the cut-out messages that Frisiello allegedly sent to the victims. 

The charge of mailing a threat to injure the person of another provides for a sentence of no greater than five years in prison, 10 years in prison for threats addressed to a federal official, three years of supervised release and a fine of $250,000. The charge of false information and hoaxes provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

U.S. Attorney Lelling, FBI SAC Shaw, Acting Inspector in Charge Moss, USSS SAC Marks and Beverly Police Chief John G. LeLacheur made the announcement today. This investigation was conducted by the FBI Boston Division’s Joint Terrorism Task Force led by members of the FBI, U.S. Postal Inspection Service, U.S. Secret Service and the Beverly Police Department.  The case is being prosecuted by Assistant U.S. Attorney Scott Garland of Lelling’s National Security Unit.

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

 

BOSTON – A Dominican national pleaded guilty today in federal court in Boston to stealing the identity of a U.S. citizen from Puerto Rico.

Wilkin Pena Soto, 30, pleaded guilty to one count of passport fraud and one count of aggravated identity theft. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for June 4, 2018.

In August 2017, Pena Soto applied for a passport at an Attleboro 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 Massachusetts driver’s license in the U.S. citizen’s name. Pena Soto also committed aggravated identity theft in connection with the passport application.

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 no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.

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

BOSTON – A Dominican national was charged today in federal court in Boston in connection with misusing a Social Security number and identity theft. 

Jose Gonzalez Vizcaino was indicted on two counts of misuse of a Social Security number and one count of aggravated identity theft. Vizcaino was previously charged by complaint and arrested in February 2018. 

According to court documents, on March 11, 2014, Vizcaino walked into a branch of the Registry of Motor Vehicles and used the name, date of birth, and Social Security number of a United States citizen from Puerto Rico to apply for a Massachusetts learner’s permit. On May 19, 2014, Vizcaino returned to the Registry of Motor Vehicles and again used the name, date of birth, and Social Security number of the United States citizen to apply for a Massachusetts driver’s license.   

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. 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. Vizcaino 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 the Homeland Security Investigations in Boston, 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 document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law. 

BOSTON – A Boston man was sentenced yesterday in federal court in Boston for his role in a heroin and fentanyl trafficking organization that operated in Taunton and Boston.

Jancer Soto, 27, was sentenced by U.S. District Court Judge Indira Talwani to five years of probation. In October 2017, Soto pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Soto was arrested and charged along with approximately 20 co-defendants.

From mid-2016 through February 2017, federal law enforcement investigated two drug trafficking organizations operating in Taunton and Boston led by Fernando Hernandez and Jose Antonio Lugo-Guerrero. Lugo-Guerrero allegedly operated a drug trafficking organization in Fall River and Boston and was assisted by Soto and approximately seven others. It is alleged that Lugo Guerrero supplied Hernandez with drugs and that Lugo-Guerrero and his associates obtained a significant quantity of illegal drugs by robbing other drug traffickers.

Hernandez pleaded guilty and was sentenced on Feb. 26, 2018, to 188 months in prison. Lugo-Guerrero pleaded not guilty and is scheduled for trial on Sept. 10, 2018.

The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $1 million.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; 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 Albert F. Dupere; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; Bridgewater Police Chief Christopher Delmonte; 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A former Massachusetts man was sentenced today in federal court in Boston for possessing and distributing child pornography and for failing to register as a sex offender. The offenses stem from two separate cases.

Scot Letourneau, 44, formerly of Quincy and Maine, was sentenced by U.S. District Court Judge Denise J. Casper to 16 years in prison and five years of supervised release. In November 2017, Letourneau pleaded guilty to one count of distribution of child pornography and one count of possession of child pornography; and in a separate case, he pleaded guilty to failure to register as a sex offender.

In early 2015, law enforcement learned that an individual was trading images of child pornography on Kik Messenger with an individual in Connecticut. Further investigation linked the Kik Messenger account to Letourneau. On May 21, 2015, a search warrant was executed at Letourneau’s home, and a preliminary review of his cellphone revealed that he exchanged images of child pornography with others. Forensic analysis revealed that Letourneau had a collection of approximately 103 videos and more than 500 images of children engaged in sexually explicit acts.

After Letourneau was arrested and charged in May 2015, the government sought to detain him pending trial based on his prior convictions, including a 2004 conviction of distribution of child pornography in Cheshire County (N.H.) Superior Court. However, on Aug. 5, 2015, the Court released Letourneau on an electronic bracelet and home confinement in Maine. On Nov. 3, 2015, Letourneau fled Maine to New Mexico, where he resided under an alias. In March, 2017, Letourneau was apprehended in Denver, Colo., and later returned to Massachusetts.

In addition, as a result of his 2004 conviction, Letourneau is required to register as a sex offender, which he failed to do while living in New Mexico as a fugitive under an alias.

Due to Letourneau’s previous child pornography conviction, the current charge of distribution of child pornography provides for a mandatory minimum sentence of 15 years and no greater than 40 years in prison; and the charge of possession of child pornography provides for a mandatory minimum of 10 years and no greater than 20 years in prison. Both charges provide for a mandatory minimum of five years and up to a lifetime of supervised release and a fine of $250,000. The charge of failure to register as a sex offender provides for no greater than 10 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling, John Gibbons, U.S. Marshal for the District of Massachusetts, and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was also provided by the U.S. Marshals Service for the District of Colorado; the Adams County (Colo.) Sheriff’s Department; the Connecticut State Police; the Quincy Police Department; and the U.S. Coast Guard. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.

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

BOSTON – A federal jury in Boston convicted four members of MS-13’s Eastside Loco Salvatrucha (ESLS) clique yesterday. 

Herzzon Sandoval, a/k/a “Casper,” 36; Edwin Guzman, a/k/a “Playa,” 32; and Erick Argueta Larios, a/k/a “Lobo,” 33, a Salvadoran national illegally residing in the U.S., were found guilty of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. Cesar Martinez, a/k/a “Cheche,” 37, a Salvadoran national illegally residing in the U.S., was convicted of conspiracy to possess with intent to distribute 500 grams or more of cocaine. U.S. District Court Judge F. Dennis Saylor IV scheduled Herzzon Sandoval’s sentencing for May 29, 2018; Guzman’s sentencing for May 30, 2018; Cesar Martinez’s sentencing for May 31, 2018; and Argueta Larios’s sentencing for June 1, 2018.   

According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches, or “cliques,” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence, specifically against rival gang members, to gain membership in and be promoted within the gang.  Sandoval and Guzman were the leaders, also known as the “first word,” and “second word,” of the ESLS clique in Massachusetts.

On Sept. 20, 2015, Joel Martinez, a/k/a “Animal,” murdered a 15-year-old boy in East Boston.  On Jan. 8, 2016, Joel Martinez was promoted by the gang to “homeboy” status for the 2015 murder with a 13-second beating by other MS-13 members at an ESLS meeting which Sandoval, Guzman, Cesar Martinez and Argueta Larios also attended. Joel Martinez has pleaded guilty to RICO conspiracy and accepted responsibility for the murder and is awaiting sentencing. 

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 possess with intent to distribute and to distribute 500 grams or more of cocaine provides for a minimum mandatory sentence of five years and up to 40 years in prison, four years of supervised release, and a fine of $5 million. Martinez and Argueta Larios will be subject to deportation upon the completion of their 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; Somerville Police Chief David Fallon; and Herndon (VA) Police Chief Maggie A. DeBoard made the announcement.