FEDERAL DISTRICT ARCHIVE
District of Massachusetts
Press releases recorded for this federal judicial district.
Truro Man Pleads Guilty to Illegally Selling at Least 23 Firearms on Cape CodRead the Press Release
BOSTON – A Truro man pleaded guilty yesterday in federal court in Boston to illegally selling firearms.
James McNulty, 61, pleaded guilty to one count of dealing in firearms without a license. U.S. Senior District Court Judge William G. Young scheduled sentencing for Sept. 11, 2023. McNulty was arrested in February 2022.
Between around January 2021 to April 2021, McNulty offered for sale and sold at least 23 firearms that did not belong to him. McNulty personally sold the firearms to other individuals from his residence in Truro in exchange for cash. McNulty does not possess a license to import, manufacture, or deal firearms.
The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement. Special assistance was provided by the Truro and Provincetown Police Departments. Assistant U.S. Attorneys Charles Dell’Anno and David G. Tobin of Levy’s Criminal Division are prosecuting the case.
Salvadoran Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Salvadoran man was sentenced yesterday in federal court in Boston for illegally reentering the United States after deportation.
Jose Rodriguez, 42, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 15 months in prison followed by one year of supervised release. Rodriguez will be subject to deportation proceedings upon completion of his sentence. On March 28, 2023, Rodriguez pleaded guilty to one count of unlawful reentry of a deported alien.
Rodriguez was deported from the United States in April 2018 after serving a three-to-five-year prison sentence for a child rape conviction out of Suffolk County. Sometime after his April 2018 removal, Rodriguez illegally reentered the United States.
Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director of the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Mark Grady of Levy’s Major Crimes Unit prosecuted the case.
Salem Man Sentenced for Conspiring to Distribute over Four Kilograms of Fentanyl PillsRead the Press Release
BOSTON – A Salem man has been sentenced in federal court in Boston for conspiring to distribute large amounts of fentanyl.
Jose Esmerlin Diaz, 38, of Salem, was sentenced on May 23, 2023 by U.S. District Court Judge Nathaniel M. Gorton to 52 months in prison and two years of supervised release. In April 2021, Diaz pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl. In January 2020, Diaz was arrested and charged with co-defendant Manuel E. Tejeda.
On Jan. 17, 2020, Diaz delivered an estimated 13,770 fentanyl pills (weighing approximately 1.6 kilograms) disguised as 30mg Percocet pills to a cooperating source at a price of $6 per pill. Is it alleged that shortly thereafter, Tejeda and another man arrived in the vicinity of the drug transaction to deliver additional pills, and were found in possession of an estimated 29,742 fentanyl pills (weighing approximately three kilograms). Those additional pills were consistent in appearance with the pills delivered by Diaz and packaged in a similar manner.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; Peabody Police Chief Thomas M. Griffin; and Andover Police Chief Patrick Keefe made the announcement today. Assistant U.S. Attorneys Charles Dell’Anno, Craig Estes and Kunal Pasricha of Levy’s Criminal Division 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.
Lynn Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
BOSTON – A Lynn woman has pleaded guilty to stealing over $50,000 in Social Security benefits.
Teresa M. Carrington, 65, pleaded guilty on May 31, 2023 to one count of theft of public funds. U.S. District Court Judge Denise J. Casper scheduled sentencing for Aug. 29, 2023. Carrington was indicted by a federal grand jury in January 2022.
Carrington’s mother died in May 2016. From June 2016 through January 2020, Carrington stole at least $50,210 in Social Security Administration Retirement Insurance benefits that were paid to her deceased mother. Carrington also wrote multiple checks on her deceased mother’s bank account and each check was made payable to Carrington who forged her mother’s signature.
The misdemeanor charge of theft of public funds provides for a sentence of up to one year in prison, one year of supervised release, five years of probation, and a fine of $100,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Sharon MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Levy’s Major Crimes Unit is prosecuting the case.
Registered Sex Offender from Beverly Indicted for Possessing Child PornographyRead the Press Release
BOSTON – A Beverly man has been indicted by a federal grand jury in Boston on a child pornography offense.
Robert Miller, 58, was charged with one count of possession of child pornography. Miller was previously arrested and charged by criminal complaint with the same offense on May 3, 2023.
According to court documents, this case arose from an investigation of a secure online chat platform often used for, among other things, accessing and exchanging child pornography. Miller was identified as an alleged member of a large-scale group chat trading child pornography on the platform. During a search of Miller’s residence today, approximately 15 electronic devices were seized and allegedly found to contain multiple videos depicting child pornography.
In September 2018, Miller was convicted of possession of child pornography in Essex County Superior Court, for which he received a three-year probationary sentence and was required to register as a sex offender in Massachusetts.
Due to Miller’s prior conviction, the charge of possession of child pornography provides for a sentence of up to 20 years in prison with a 10 year mandatory minimum period of incarceration, at least 5 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 statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Beverly Police Chief John G. LeLacheur made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Levy’s Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by 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 https://www.justice.gov/psc.
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.
Leader of Boston Drug Trafficking Organization Sentenced to 10 Years in PrisonRead the Press Release
BOSTON – A Boston man responsible for leading a large drug trafficking organization (DTO) was sentenced yesterday for heroin and fentanyl conspiracy charges and for possessing a firearm in furtherance of his organization.
Mujab Mubarak, a/k/a “Big Homie,” a/k/a “Easy,” a/k/a “E,” 50, was sentenced by U.S. District Court Judge Allison D. Burroughs to 10 years in prison and four years of supervised release. On March 3, 2023, Mubarak pleaded guilty to one count of conspiring to distribute and possess to distribute heroin and fentanyl, and one count of use and possession of a firearm in connection with a drug trafficking crime. As part of the plea agreement, Mubarak agreed to forfeit $360,000 in cash, two motorcycles, a truck and multiple luxury watches that were purchased with proceeds of the drug trafficking organization. In total, the value of the forfeited property is approximately $523,000.
Mubarak was responsible for a large DTO and employed multiple lower-level co-conspirators as part of his distribution network. Recordings obtained during the course of the investigation captured Mubarak describing the scope and extent of his drug trafficking operation. A cooperating witness made over 20 recorded purchases of fentanyl, heroin and cocaine from subordinates of Mubarak. Mubarak also discussed employing the cooperating witness as a distributor and explained the business in detail.
Additionally, Mubarak was captured on a recording discussing a 2017 shooting incident where he targeted a former co-conspirator because he believed the co-conspirator had stolen the DTO’s drug money. Mubarak explained that the co-conspirator was transporting cash through Logan airport on behalf of Mubarak’s DTO and that the co-conspirator claimed that the money was seized by police, which was in fact true. When the co-conspirator failed to provide satisfactory proof of the seizure, Mubarak stated on recording that he located the co-conspirator and shot him. Police and medical records showed that the co-conspirator was admitted to the hospital with a gunshot wound to his back.
Acting United States Attorney Joshua S. Levy and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The Boston Police Department also provided valuable assistance. Assistant U.S. Attorneys Philip A. Mallard of Levy’s Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Former Engineer Sentenced for Possessing Stolen Semiconductor Trade SecretRead the Press Release
BOSTON – A Lexington, Mass. man was sentenced today in Boston federal court for possessing the stolen prototype design of a microchip, known as the HMC1022A, which was owned and developed by his former employer, Analog Devices, Inc. (ADI), a semiconductor company headquartered in Wilmington, Mass. This chip is used in both aerospace and defense applications.
Haoyang Yu, 45, was sentenced by U.S. Senior District Court Judge William G. Young to six months in prison to be followed by three years of supervised release, during which he may not work in the microchip industry. Yu was also ordered to pay a fine of $55,000 and restitution to be determined at a later date. In May 2022, following a month-long trial, a federal jury convicted Yu of possessing ADI’s stolen trade secret. The jury acquitted Yu of alleging possession of other stolen trade secrets, wire fraud, immigration fraud, and the illegal export of controlled technology.
“This prosecution demonstrates the Department of Justice’s commitment to protecting the integrity of the semiconductor market, as this technology plays a critical role in both our country’s industrial policy and geopolitical strategy. Mr. Yu stole intellectual property from his employer, plain and simple, and used that pilfered information to line his own pocket. I commend the work of the Department of Commerce, the Department of Homeland Security, the FBI, and the Naval Criminal Investigation Service in their dedicated work to the investigation and prosecution of this matter,” said Acting United States Attorney Joshua S. Levy.
“Yu was convicted by a federal jury of stealing trade secret associated with the design for a semiconductor utilized in defense and aerospace industries. As a result of an intensive investigation, Yu is facing federal prison for his crime,” said Michael J. Krol, Acting Special Agent in Charge of the Homeland Security Investigations in New England. “HSI works tirelessly with our local, state, and federal partners to ensure the security of sensitive U.S. strategic technologies and will continue to disrupt and dismantle any attempts to obtain them for financial gain.”“Today, Mr. Yu learned his fate for possessing a stolen semiconductor trade secret for his own financial gain. Thankfully, his actions did not destroy his former employer’s business,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “While we all welcome fair competition, the FBI will not tolerate stealing and cheating. It’s illegal, unethical, and unfair, and this type of criminal conduct hurts American businesses, jobs, and consumers.”
Between 2014 and 2017, Yu worked at ADI, where he designed microchips used by the communications, defense, and aerospace industries. Through his employment, Yu had access to various kinds of ADI intellectual property, including present and future microchip designs, schematics, layouts, modeling files, customer lists, and ordering histories.
While employed at ADI, Yu used this information to start his own microchip business, Tricon MMIC, LLC. Forensic analysis later showed that Yu’s personal, at-home computer held exact, bit-for-bit copies of hundreds of ADI intellectual property files. Trial evidence showed that Yu had accessed these files on ADI’s secure servers, copied them, changed their filenames – often to those of cartoon characters, and then saved them on his personal electronic accounts and devices.
Trial evidence showed that all of the chips Yu’s business sold were built with ADI’s stolen intellectual property. In particular, Yu used the stolen HMC1022A design to manufacture two knock-off versions of ADI’s chip. Yu then began selling his versions of the HMC1022A to ADI’s customers and others even before ADI went to market with its own completed design. In all, before his arrest, Yu manufactured about 10,000 chips built with stolen ADI property and grossed about $235,000. ADI cooperated fully in the government’s investigation.
Acting U.S. Attorney Levy; Rashel Assouri, Special Agent in Charge of the Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, Boston Field Office; HSI Acting SAC Krol; FBI SAC Bonavolonta; and Michael Wiest, Special Agent in Charge of the Naval Criminal Investigative Service, Northeast Field Office made the announcement today. U.S. Customs and Border Protection, Coast Guard Investigative Service, Defense Criminal Investigative Service, Massachusetts State Police and the Lexington and Hingham Police Departments provided assistance with the investigation. Valuable assistance in the case was provided by the National Security Division’s Counterintelligence and Export Control Section. Assistant U.S. Attorneys Amanda Beck, Jason A. Casey and John A. Capin of Levy’s National Security Unit prosecuted the case.
Dominican Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican man was sentenced today in federal court in Boston for illegally reentering the United States after deportation.
Jonathan Alcequiez-Sanchez, 35, was sentenced by U.S. Senior District Court Judge Woodlock to one year and one day in prison, followed by a period of one year supervised release. Alcequiez-Sanchez will be subject to deportation proceedings upon completion of his sentence. On Jan. 31, 2023, Alcequiez-Sanchez pleaded guilty to one count of unlawful reentry of a deported alien.
Alcequiez-Sanchez was deported from the United States on Sept. 18, 2018, after being arrested in the Bronx, N.Y. for unlawful entry. Sometime after his September 2018 removal, Alcequiez-Sanchez illegally reentered the United States.On or about Dec. 27, 2021, Alcequiez-Sanchez was convicted in Lawrence District Court of drug distribution and weapons charges for which he was sentenced to serve jail time at the Essex County House of Corrections. Alcequiez-Sanchez was taken into federal custody upon his release on Nov. 15, 2022.
Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director of the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit prosecuted the case.
Former Owner of Plymouth Restaurant Agrees to Plead Guilty to Tax EvasionRead the Press Release
BOSTON – The former owner of a beachfront restaurant and bar in Plymouth has been charged and has agreed to plead guilty to concealing business income from the Internal Revenue Service (IRS) and paying restaurant employees under the table.
Rudolph Ferrucci, 65, of Plymouth, has agreed to plead guilty to one count of tax evasion and one count of failure to collect and pay over employee taxes. A plea hearing has not yet been scheduled by the Court.
According to the charging documents, Ferrucci owned and operated Sandy’s, a seasonal, cash-only restaurant and bar. It is alleged that, from 2016 through 2020, Ferrucci diverted a portion of Sandy’s sales receipts for cash payments to suppliers and employees and to personal income for himself and his spouse. Ferrucci allegedly kept two sets of financial records for Sandy’s, including one omitting diverted sales receipts, which Ferrucci’s tax return preparer used to report Sandy’s income to the IRS. As a result of this alleged conduct, Ferrucci underreported his and his spouse’s personal income tax obligations by $1.2 million over those four years, causing a loss to the IRS of over $250,000.
It is also alleged that Ferrucci paid Sandy’s employees more than $315,000 in cash wages, memorialized in a handwritten “second set of books” and not recorded in Sandy’s payroll records or tax returns. By not reporting these cash wages to the IRS, Ferrucci allegedly caused Sandy’s to fail to pay over $75,000 in employment taxes owed to the IRS.
The charge of tax evasion provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of failure to collect and pay over employee taxes provides for a sentence of up to five years in prison, three years of supervised release, a fine of up to $250,000 and restitution to the IRS. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney David M. Holcomb of Levy’s Securities, Financial & Cyber Fraud 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.
Two Indicted for Armed Robberies of Postal WorkersRead the Press Release
BOSTON – Two Massachusetts individuals were indicted today by a federal grand jury in Boston for the armed robberies of United States Postal Service (USPS) letter carriers that took place on Nov. 29, 2022 in Mattapan, Mass. and Dec. 16, 2022 in Hyde Park, Mass.
Myesha Lewis, 22, of Boston, and Kenneth Demosthene, 22, of Stoughton were indicted on two counts each of robbery of any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, aiding and abetting and two counts each of assaulting, resisting, or impeding certain officers or employees, aiding and abetting. The defendants were previously arrested and charged by criminal complaint on May 10, 2023. They will appear in federal court in Boston at a later date.
According to the charging documents, USPS has seen a rise in the use of arrow keys to facilitate the theft of U.S. Mail. An arrow key is a specific key designed to open designated blue USPS collection boxes in a specific area. These arrow keys are the property of USPS and it is a federal offense for an unauthorized person to possess one. Since July 2022, there have been at least 13 assaults on USPS letter carriers while in the performance of their official duties in Boston and surrounding cities and towns. These incidents included the attempted or successful robbery of USPS arrow keys from letter carriers in at least 10 instances. Additionally, of these 10, six of the robberies were instances where the perpetrators were reportedly armed with a knife, firearm, or both.
On Nov. 29, 2022, in Mattapan, it is alleged that Demosthene and Lewis followed and then forcibly robbed a USPS letter carrier of an arrow key. Demosthene allegedly approached the letter carrier and said, “I’m going to need your master key,” before reaching into the letter carrier’s mail satchel and grabbing the arrow key. The key was secured around the letter carrier’s belt with a brass chain. It is alleged that the force used to physically break the brass chain caused the letter carrier to be pulled off the front steps. Demosthene and Lewis allegedly fled the scene in a rental vehicle.
It is further alleged that, on Dec. 16, 2022 in Hyde Park, Demosthene and Lewis robbed another USPS letter carrier of an arrow key at knife point. Demosthene allegedly approached the USPS letter carrier and said, “Give me your f****** arrow key.” It is alleged that the letter carrier put their hands in the air as the defendants attempted to remove the arrow key, at first by force pulling at the chain. Demosthene and Lewis then allegedly attempted to cut it with the knife, eventually breaking it loose, and fled the scene on foot.
The charges of robbery of any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States each provide for a sentence of up to 25 years in prison, at least three years of supervised release and a fine of up to $250,000. The charges of assaulting, resisting, or impeding certain officers or employees each provide for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Ketty Larco-Ward, Inspector in Charge of the United States Postal Inspection Service’s Boston Field Office made the announcement today. Valuable assistance was provided by the U.S. Postal Service, Office of the Inspector General. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Man Pleads Guilty to Conspiring to Traffic Kilograms of FentanylRead the Press Release
BOSTON – A Mexican man pleaded guilty yesterday to conspiring to distribute kilograms of fentanyl bound for Massachusetts from California.
Ricardo Peinado Rivera, 31, pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute fentanyl. U.S. District Court Judge Denise J. Casper scheduled sentencing for Aug. 29, 2023. Peinado Rivera was arrested and charged in May 2022.
In September 2021, law enforcement received information about a person living in the Dominican Republic trafficking fentanyl within the United States. Undercover law enforcement contacted the individual, who offered to sell fentanyl that would be delivered in California and then driven to Boston. In November 2021, Peinado Rivera was intercepted delivering the fentanyl in Ontario, Calif.
The charge of conspiracy to distribute and to possess with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, at least 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 statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Special assistance was provided by the Drug Enforcement Administration, Los Angeles Field Division. Assistant U.S. Attorney Samuel R. Feldman of Levy’s Narcotics & Money Laundering Unit is prosecuting the case.
Maine Woman Pleads Guilty to Stealing Public FundsRead the Press Release
BOSTON – A Maine woman pleaded guilty yesterday to stealing federal housing benefits from at least December 2004 through February 2020.
Rebecca Amelia Cranford, 63, pleaded guilty to one count of theft of government funds. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Aug. 17, 2023. Cranford was arrested and charged in September 2021.
In the early 2000s, Cranford was engaged by the owners of a vacation home in Wellfleet to look after the property in their absence. Instead of merely looking after the property, Cranford applied for federal housing subsidies pretending to be a tenant living at the property while separately directing the housing subsidies to a business entity incorporated in her own name and listed as the landlord for the property on the housing application. In total, Cranford stole approximately $113,067 in housing assistance benefits.
The charge of theft of government funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Field Office, made the announcement today. Valuable assistance was provided by the Maine State Police and Cumberland County (Maine) Sheriff’s Office. Assistant U.S. Attorney Adam Deitch of Levy’s Criminal Division is prosecuting the case.
Husband and Wife Real Estate Developers Arrested for Loan Fraud ConspiracyRead the Press Release
BOSTON – A Longmeadow couple has been arrested in connection with a scheme to defraud commercial lenders by providing false and fraudulent rent rolls and forged lease agreements for properties located in Springfield, Mass.; East Longmeadow, Mass.; and Enfield, Conn.
Louis R. Masaschi, 57, and his wife Jeanette Norman, 56, were indicted by a federal grand jury in Springfield on one count of conspiracy to committed wire fraud; two counts of wire fraud; and one count of aggravated identity theft. The defendants were arrested on May 23, 2023 and released on conditions following an appearance in federal court in Springfield. They are next scheduled to appear in U.S. District Court on July 24, 2023.
According to the indictment, Masaschi and Norman were partners in dozens of limited liability companies through which they owned primarily commercial and some residential property in Western Massachusetts, Connecticut and elsewhere. These companies included Longmeadow Hospitality; JLL Realty Developers, LLC; Shaker Rd, LLC; and 79 Enfield Realty, LLC. It is alleged that Masaschi and Norman conspired with each other and others to fraudulently obtain loans for their companies from financial institutions and commercial lenders by providing materially false, fictitious and fraudulent financial information – including false rent rolls and fraudulent lease agreements. After receiving the loans, Masaschi and Norman allegedly made some or no payments and ultimately defaulted on the loans, causing substantial losses to the financial institutions and commercial lenders.
According to the indictment, on or about May 11, 2018, Masaschi and Norman obtained a $350,000 loan for JLL Realty Developers, LLC, secured by the first mortgage of a residence in Springfield. On or about May 16, 2018, Masaschi and Norman amended this loan agreement and issued a $765,000 loan to JLL Realty Developers, LLC. This loan was cross-collateralized and cross-defaulted with the earlier loan and was secured by a second mortgage on two residences in East Longmeadow. On or about June 29, 2018, Masaschi and Norman obtained a $875,000 loan for 79 Enfield Realty, LLC, secured by Masaschi’s one hundred percent interest in the company. The purpose of the loan was to pay off an outstanding loan from another financial institution, which was only 45 days from maturing.
To obtain these loans, it is alleged that Masaschi and Norman failed to disclose that the income reportedly produced by commercial properties listed in their loan applications was based on materially false, fictitious and fraudulent rent rolls and lease agreements. Masaschi and Normal also allegedly overstating the amount of income collateral properties were paying by providing fraudulent rent rolls, forged tenant signatures and inflated lease amounts and rental terms.
It is further alleged that Masaschi and Norman ceased payments on the JLL Realty Developers, LLC loans in approximately January 2020. Additionally, apart from six months of interest reserves provided by the commercial lender, it is alleged that Masaschi and Norman never made any payments on the 79 Enfield Realty loan.
The charge of conspiracy to committed wire fraud provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss. The charges of wire fraud each provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Steven H. Breslow of Levy’s Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Employee of Taste of Brazil Restaurant in Woburn Pleads Guilty to Transferring False Identification DocumentsRead the Press Release
BOSTON – A Salvadoran national and former employee of the Taste of Brazil – Tudo Na Brasa restaurant in Woburn has pleaded guilty in connection with providing false identification documents to Brazilian employees of the restaurant who lacked work authorization.
Marcos Chacon Gil, 39, pleaded guilty on May 23, 2023 to one count of transferring false identification documents. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for July 17, 2023.
Chacon Gil worked at Taste of Brazil for three years beginning in 2014. Beginning in approximately 2018, Chacon Gil provided false identification documents to Brazilian employees of the restaurant who lacked work authorization in the United States. Chacon Gil did so in order for the employees to secure work authorization. On Feb. 20, 2020, Chacon Gil met with an employee and provided the employee with a fake green card and a fake social security card.
The charge of knowing transfer of a false identification document knowing that such document was produced without lawful authority provides for a sentence of up to 15 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael Krol, Acting Special Agent in charge of Homeland Security Investigations in New England; Jonathan Mellone, Special Agent in Charge of the Department of Labor, Office of Inspector General; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Woburn Police Chief Robert F. Rufo, Jr. made the announcement today. Valuable assistance in the investigation was provided by the Norwood Police Department. Assistant U.S. Attorneys James D. Herbert, Kelly Lawrence and Samuel R. Feldman of Levy’s Criminal Division are prosecuting the case.
Cambridge Man Pleads Guilty to Conspiracy to Distribute Drugs and Possession of FirearmsRead the Press Release
BOSTON – A Cambridge man pleaded guilty today in federal court in Boston to federal drug and firearm charges.
Ahsan Arty, a/k/a/ “Hass,” 24, pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances, and conspiracy to possess and use firearms during and in relation to a drug offense. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Oct. 4, 2023. Arty was charged by criminal complaint in May 2022.
In February 2021, Arty conspired to sell crack cocaine to an undercover officer and was captured on recording brokering the drug deal. Intercepted communications revealed that Arty also conspired with others to distribute cocaine.
In August 2021, Arty travelled to California as part of a promotional tour for an associate. While in California, Arty went to the residence of an associate and stole approximately four kilograms of cocaine. Text messages recovered during the investigation showed that Arty sent the kilograms of cocaine to Massachusetts and later began distributing them upon his return.
In December 2021, Arty and another man traveled to Lawrence to rob an individual who they suspected of having drugs and valuables in their residence. During this incident, Arty was armed with a handgun. They entered the residence and pistol-whipped a woman and demanded the whereabouts of drugs and cash. Ultimately, the drugs and cash were not present. Arty was identified through surveillance video of the vehicle utilized in the incident and text messages proved his involvement.
In February 2022, Arty and two other individuals broke into the residence of an individual he suspected of having drugs and cash. The individual was not present. While inside the residence, Arty stole car keys and clothing and recorded a livestream video that he published on the internet. The next morning, associates of Arty attempted to rob the occupants of the same apartment and multiple rounds of gunfire were discharged during the incident. According to text messages recovered in the case, Arty came to pick up the robbers and drove them on a high-speed flight from responding law enforcement. Text messages also captured Arty and the robbers developing an alibi for the vehicle’s use in the robbery and chase. The vehicle was later located and impounded.
In April 2022, Arty was arrested outside of a Boston nightclub due to a report of him having a firearm. When law enforcement responded to the scene, Arty drove his vehicle at the officers and struck a nearby vehicle. Arty and another passenger were immediately taken into custody. Two firearms, including a 9mm firearm that was equipped with a selector switch, rendering it capable of firing fully automatic, were located in Arty’s vehicle. It was learned during the investigation that the target of the February 2022 burglary and robbery was believed to be inside of the nightclub and that Arty was outside of the premises waiting for an opportunity to rob him.
At the time of the offense, Arty was on pretrial release for multiple pending state firearm offenses. These included a January 2019 arrest for possessing a firearm in Boston and a July 2019 arrest for possessing a firearm in Revere. During the Revere incident, Arty fled the scene of an accident and later attempted to flee law enforcement.
The charge of conspiracy to distribute and possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of conspiring to possess firearms in furtherance of a drug trafficking crime provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; John E. Mawn Jr., Interim Colonel of the Massachusetts State Police; Suffolk County District Attorney Kevin R. Hayden; Middlesex County District Attorney Marian T. Ryan; Boston Police Commissioner Michael Cox; Cambridge Police Commissioner Christine Elow; and Revere Police Chief David J. Callahan made the announcement. Assistant U.S. Attorney Philip A. Mallard of Levy’s Organized Crime & Gang Unit is prosecuting the case.
Boston Man Sentenced to Two Years in Prison for Benefit FraudRead the Press Release
BOSTON – A Hyde Park man was sentenced yesterday in federal court in Boston for using a stolen identity to fraudulently obtain government assistance benefits.
Fernando Mateo Valenzuela, 69, was sentenced by U.S. District Court Judge Leo T. Sorokin to two years and one day in prison and three years of supervised release. Valenzuela was also ordered to pay restitution of $29,051 to the Department of Unemployment Assistance and $7,230 to the Department of Transitional Assistance. On Feb. 27, 2023, Valenzuela pleaded guilty to three counts of mail fraud, two counts of unlawfully using another person’s Social Security number, and two counts of aggravated identity theft.
In 2020, Valenzuela applied for and received a total of $29,051 in unemployment payments using the name and Social Security number of a United States citizen. In 2019, Valenzuela used the same stolen identity to apply for and receive $7,230 in Supplemental Nutrition Assistance Program (SNAP) benefits from the Massachusetts Department of Transitional Assistance.
Valenzuela’s prior criminal record includes four drug convictions and a sex conviction involving a 13-year-old victim.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Valuable assistance was provided by U.S. Department of Labor, Office of the Inspector General, Office of Investigations – Labor Racketeering & Fraud; U.S. Department of Agriculture, Office of Inspector General, Office of Investigations – Northeast Region; U.S. Department of Health and Human Services, Office of the Inspector General, Office of Investigations; U.S. Postal Inspection Service; and the Massachusetts State Police. Assistant U.S. Attorney David G. Tobin of Levy’s Major Crimes Unit prosecuted the case.
The investigation was conducted by Homeland Security Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized investigative group comprising personnel from various state, local, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
Two Convicted for Roles in Drug Trafficking Organization with Ties to Mexican CartelRead the Press Release
BOSTON – Two men were convicted today by a federal jury in Boston for operating a large-scale international fentanyl trafficking and money laundering conspiracy.
Fermin Castillo, 43, of Boston, and Andre Heraux Martinez, 24, of the Dominican Republic, were convicted following a seven-day jury trial of conspiracy to distribute over 400 grams of fentanyl and conspiracy to commit money laundering. U.S. Senior District Court Judge William G. Young scheduled sentencing for Sept. 12, 2023. Castillo and Heraux were indicted on April 15, 2021.
In July 2020, law enforcement began an investigation into a drug trafficking and money laundering organization distributing large quantities of fentanyl and laundering drug proceeds. Intercepted communications identified Fermin Castillo as the leader of the organization who coordinated fentanyl shipments from Sinaloa, Mexico to Massachusetts and the laundering of hundreds of thousands of dollars. As part of the conspiracy, Heraux maintained a drug stash apartment located in Hyde Park, which was used to store and process kilograms of fentanyl and delivered a total of over $500,000 in drug proceeds to undercover officers posing as money launderers.
In August 2020, Castillo coordinated the delivery of $200,000 to a separate New York-based money laundering organization, as well as the delivery of $100,000 to an undercover officer in December 2020. In January 2021, Castillo coordinated the delivery of $150,000 which was ultimately seized from Heraux as he attempted to deliver the money on behalf of Castillo. Additionally, in February 2021, 197 grams of fentanyl was seized from Heraux as he attempted to deliver the drugs to a customer of the organization.
In total, over 10 kilograms of fentanyl and heroin were seized from Heraux’s stash apartment along with additional fentanyl from other members of the drug trafficking and money laundering organization.
The charge of conspiracy to distribute over 400 grams of fentanyl provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $500,000, or twice the value of the funds laundered, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Assistant U.S. Attorneys Leah B. Foley and Stephen W. Hassink of Levy’s Narcotics & Money Laundering Unit are prosecuting the case.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Three Members of Cape Cod Heroin Trafficking Ring Sentenced to Prison for Violent Kidnapping and Drug OffensesRead the Press Release
BOSTON – Three men have been sentenced to decades in prison for their roles in a Cape Cod drug trafficking organization (DTO) that distributed heroin throughout the Cape Cod and Pawtucket, R.I., regions, committed a violent kidnapping recorded on video and worked together to shoot at a Hyannis man over a drug debt.
Edwin Otero, 33, of Hyannis, was sentenced on May 18, 2023 by Judge Allison D. Burroughs to 38 years in prison. On May 16, 2023, Justin Joseph, 35, of Pawtucket, R.I., was sentenced by Judge Burroughs to 30 years in prison; and Anthony Basilici, 39, of Pawtucket, was sentenced to 22 and a half years in prison.
On Jan. 26, 2023, after a week-long trial, Basilici was convicted by a federal jury of conspiracy to distribute and possession with intent to distribute 100 grams or more of heroin; possession and discharge of a firearm in connection with a drug trafficking crime; kidnapping conspiracy; witness intimidation; and witness retaliation conspiracy. On Jan. 18, 2023, the day jury selection began, Otero and Joseph pleaded guilty to conspiracy to distribute and possession with intent to distribute 100 grams or more of heroin; possession and discharge of a firearm in connection with a drug trafficking crime; kidnapping conspiracy; and witness retaliation conspiracy.
In 2018, an investigation began into a Cape Cod-wide DTO led by Edwin Otero. The investigation revealed that Otero, Joseph, Basilici and their other co-defendants distributed large quantities of heroin throughout Cape Cod, including in Hyannis, Mashpee, Centerville, Osterville and in Pawtucket, R.I.
In April 2019, Otero, Joseph, and Basilici lured a victim from Massachusetts to Rhode Island where they kidnapped and held him, stripped him naked, assaulted him with a hammer and threatened to rape him. Otero, Joseph, Basilici and other co-conspirators threatened physical injury to the victim to retaliate against him because they believed he was cooperating with law enforcement. Basilici recorded the assault and kidnapping on a cell phone which Otero and Basilici used to further intimidate other witnesses after the kidnapping. In May 2019, Otero, Joseph and Basilici armed themselves with guns and worked together to shoot at a Hyannis man over a drug debt owed to Otero.
Otero, Joseph and Basilici were initially charged along with eight others in May 2019 on the drug conspiracy charges. In connection with those arrests, heroin, packaging materials, scales, a finger press as well as three firearms and ammunition including a 9 millimeter assault-style weapon were seized from Otero’s grandmother’s residence. In March 2020, Otero, Joseph, Basilici and two others – Cameron Cartier and Albert Lee – were indicted in connection with the violent kidnapping and related charges.
In addition to the sentencings discussed above, a fourth defendant, Tony Johnson, 39, of Hyannis, was sentenced on May 18, 2023 to 75 months in prison after he pleaded guilty to conspiring with Otero and others to distribute heroin. All 13 defendants charged in this indictment have now been sentenced.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Barnstable Police Chief Matthew K. Sonnabend; and Barnstable County Sheriff Donna D. Buckley made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Levy’s Criminal Division prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Springfield Man Pleads Guilty to Stealing from Bank ATMs and Jewelry StoresRead the Press Release
BOSTON – A Springfield man pleaded guilty in federal court in Boston today in connection with the theft from federal bank ATMs in December 2022 and the burglaries of two New Hampshire jewelry stores in January 2023.
Alex Oyola, a/k/a “Dirty,” 37, pleaded guilty to conspiracy transport stolen property in interstate commerce, two counts of interstate transportation of stolen property, conspiracy steal from a federally insured bank and theft from a federally insured bank. U.S. District Court Judge Patti Saris scheduled a further hearing for Oct. 19, 2023.
Oyola and six other men were arrested on April 12, 2023, and charged with offenses related to the theft, transportation and sale of stolen property during 2022 and 2023. The other six men were charged in connection with the theft of catalytic converters from over 470 vehicles in 2022 and 2023. Oyola is the second defendant to plead guilty in the case. On May 17, 2023, Jose Torres – the alleged reseller of stolen catalytic converters that were stolen by the conspirators – pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on Sept. 6, 2023.
According to charging documents, it is alleged that Oyola conspired with two of his co-defendants to steal from ATMs of federally insured banks in Massachusetts on three separate occasions in December 2022. It is alleged that this conspiracy involved the use of stolen trucks that they would use to rip the ATMs from the ground and gain access to the vault containing stolen cash. Oyola is also alleged to have stolen a trailer in December 2022 and committed burglaries of two New Hampshire jewelry stores on Jan. 12, 2023 with two other co-defendants. The combined total value of the jewelry stolen during the burglaries was determined to be over $140,000, with each store facing more than $10,000 in costs to repair the resulting damage caused during the burglary.
The charge of conspiracy to transport stolen property in interstate commerce provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of interstate transportation of stolen property provides for a sentence of up to 10 years, up to three years of supervised release and a fine of up to $250,000. The charge of conspiracy to commit bank theft provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of bank theft provides for a sentence of up to 10 years, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; John E. Mawn, Interim Colonel of the Massachusetts State Police; and Kevin Gallagher, Director of Operations for the National Insurance Crime Bureau, Northeast Region made the announcement today. Valuable assistance was also provided by the United States Attorney’s Offices for the District of Connecticut, the Northern District of Oklahoma and the Eastern District of California; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the New England State Police Information Network (NESPIN). Assistant U.S. Attorney Philip A. Mallard of Levy’s Organized Crime & Gang Unit is prosecuting the case.
Over 70 local police departments in Massachusetts, New Hampshire and Connecticut contributed to this investigation through the submission of their investigations of catalytic converter thefts in their jurisdiction. The Massachusetts Police Departments contributing to the investigation were Abington, Acton, Andover, Auburn, Bedford, Bellingham, Beverly, Billerica, Burlington, Bridgewater, Canton, Carver, Chelmsford, Concord, Cranston, East Hampton, Easton, Fitchburg, Framingham, Franklin, Gardner, Hampton, Hanover, Haverhill, Hingham, Holliston, Holyoke, Hudson, Ipswich, Lawrence, Leominster, Lynn, Malden, Mansfield, Medford, Marlborough, Methuen, Middleton, Milford, Millbury, Needham, Newton, Northborough, Norwell, Norwood, Peabody, Pembroke, Plymouth, Randolph, Rockland, Sharon, Shrewsbury, Springfield, Sterling, Sturbridge, Sudbury, Tyngsborough, Walpole, Waltham, Watertown, West Bridgewater, Weymouth, Wilmington, Woburn, and Worcester. The New Hampshire Police Departments contributing to the investigation were Bow, Concord, Derry, Hooksett, Hudson, Londonderry, Manchester, Salem, Windham. The Connecticut Police Departments contributing to the investigation were South Windsor and Windsor.
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.
New Jersey Man Sentenced for Conspiring with Someone Posing as DEA Agent to Defraud Victim of GoldRead the Press Release
BOSTON – A New Jersey man was sentenced today in federal court in Springfield for his role in a conspiracy which resulted in a Massachusetts victim converting her bank account funds into gold, because she was tricked into believing that her accounts had been compromised by purported drug traffickers.
Gaurang Contractor, 38, a citizen of India living in Jersey City, N.J., was sentenced by U.S. District Court Judge Mark G. Mastroianni to one year and one day in prison. Contractor will be subject to deportation proceedings upon completion of his sentence. On March 27, 2023, Contractor pleaded guilty to one count of conspiracy to commit wire fraud.
A man posing as an agent for the U.S. Drug Enforcement Administration (DEA) who referred to himself as “Oscar White,” contacted a victim in early August 2022 and told the victim that her bank accounts had been “compromised” by drug dealers. “Oscar White” directed the victim to convert her life savings to gold. “Oscar White” provided the victim with the name of a jewelry store in Hadley, Mass. where the victim could purchase gold. “Oscar White” then directed the victim to leave the gold in her unlocked vehicle and promised to send a “court officer” to pick up the gold for safekeeping by the DEA. The victim became suspicious and contacted law enforcement.
On Aug. 8, 2022, Contractor, unaware that the victim had contacted law enforcement, drove from New Jersey to Hadley, Mass, and conducted surveillance at the jewelry store. Unbeknownst to Contractor, a law enforcement officer, posing as the victim, entered the jewelry store and completed a sham transaction for two buckets worth of gold. Contractor followed the victim’s vehicle containing fake gold to a nearby parking lot. Upon arriving at the meeting location in the parking lot, Contractor removed the two buckets he believed to contain gold from the victim’s vehicle and placed them in his own car. He was subsequently arrested.
Acting United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Northwestern District Attorney David E. Sullivan; and Hadley Police Chief Michael A. Mason made the announcement today. Assistant U.S. Attorneys Danial Bennett and Kaitlin Brown of Levy’s Worcester Branch Office prosecuted the case.
New Bedford Man Pleads Guilty to Drug DistributionRead the Press Release
BOSTON – A New Bedford man pleaded guilty on May 22, 2023 to fentanyl distribution charges.
Hector Diaz, 45, pleaded guilty to two counts of distributing and possessing with intent to distribute fentanyl. Chief U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Aug. 7, 2023. Diaz was indicted in March 2022 and was arrested in June 2022.
On two occasions between December 2020 and January 2021, Diaz distributed and possessed with intent to distribute fentanyl in New Bedford.
The charge of possession with intent to distribute fentanyl provides for a sentence of up to 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 statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement. Assistant U.S. Attorneys Timothy E. Moran and Sarah Hoefle of Levy’s Organized Crime & Gang Unit are prosecuting the case.
Massachusetts Eye and Ear Agrees to Pay over $5.7 Million to Resolve False Claims Act AllegationsRead the Press Release
BOSTON – Massachusetts Eye and Ear Infirmary, Massachusetts Eye and Ear Associates, Inc., and the Foundation of the Massachusetts Eye and Ear Infirmary, Inc. (collectively “Massachusetts Eye and Ear”) have agreed to pay over $5.7 million to resolve allegations that seven of their physician compensation plans, involving 44 doctors, violated federal law.
The government alleges that Massachusetts Eye and Ear compensated 44 physicians in a manner that violated the Physician Self-Referral Law (sometimes referred to as the Stark Law). Mass General Brigham, which has owned and operated Massachusetts Eye and Ear since April 2018, disclosed this issue to the government in connection with the government’s investigation into related allegations. The Stark Law prohibits physicians from referring patients to receive “designated health services” payable by Medicare from entities, like hospitals, with which the physician has a financial relationship, unless the arrangement falls into the exceptions provided for by law. It also prohibits the entity from billing Medicare for those services. The law is intended to ensure that physicians’ medical judgments are not compromised by improper financial inducements.
“Stark Act violations drive up the overall costs of the health care system due to fraud and abuse,” said Acting United States Attorney Joshua Levy. “We will continue to vigorously investigate False Claims Act violations arising out of improper financial relationships between hospitals and physicians. We applaud Massachusetts Eye and Ear for its cooperation with the Department’s investigation. This settlement agreement demonstrates the advantages that actors can enjoy when they disclose non compliance, and we encourage others in the health care industry to come forward when they suspect wrongdoing.”
“This settlement is a warning to other health care entities that seek to boost their profits by entering into improper financial arrangements with referring physicians,” said Phillip M. Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, we will continue to investigate such deals to prevent financial arrangements that could undermine impartial medical judgement, drive up health care costs, and corrode the public’s trust in the health care system.”
“We all rely on our health care providers to make treatment decisions based on clinical needs, not financial ones arising out of improper relationships between physicians and hospitals,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Today’s settlement with Massachusetts Eye and Ear demonstrates the FBI’s ongoing commitment to ensure that publicly funded health care programs to which we all contribute and on which we all depend are not abused.”
All seven physician compensation models at issue began before Mass General Brigham acquired Massachusetts Eye and Ear. One physician compensation model ended before Mass General Brigham took control of Massachusetts Eye and Ear. Mass General Brigham voluntarily terminated the remaining six physician compensation models on Oct. 1, 2019.
The government’s investigation was prompted by False Claims Act allegations brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the government and share in any recovery. In connection with today’s settlement, the whistleblower will receive 17% of the recovery.
Acting U.S. Attorney Levy; HHS-OIG SAC Coyne; FBI SAC Bonavolonta; and Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office made the announcement today. Assistant U.S. Attorneys Steven Sharobem and Charles B. Weinograd of Levy’s Affirmative Civil Enforcement Unit handled the matter.Man Sentenced to over Seven Years in Prison for Trafficking Heroin and Fentanyl from Dominican RepublicRead the Press Release
BOSTON – A Dominican man has been sentenced in federal court in Boston for conspiring to traffic multiple kilograms of heroin and fentanyl from the Dominican Republic to states on the East Coast.
Kelvin Regalado, 42, was sentenced on May 10, 2023 by U.S. District Court Judge Nathaniel M. Gorton to 87 months in prison and three years of supervised release. On Jan. 6, 2023, Regalado pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, and 100 grams or more of carfentanil; one count of distribution and possession with intent to distribute ketamine; and one count of distribution of and possession with intent to distribute 400 grams or more of fentanyl.
Regalado was indicted in December 2020, along with co-defendant Marcos Cabrera, while he was residing in the Dominican Republic. Regalado was extradited to the United States in May 2022 after being taken into custody by Dominican authorities.
From August 2019 through March 2020, in the Dominican Republic, Regalado conspired with Cabrera to deliver nearly three kilograms of heroin and carfentanil to cooperating witnesses in New York, Rhode Island and Massachusetts. Additionally, Regalado arranged to have one kilogram of fentanyl and one kilogram of ketamine sent to the cooperating witnesses through the mail in Massachusetts.
In January 2022, Cabrera was sentenced to 87 months in prison after previously pleading guilty to his role in the conspiracy.
Acting United States Attorney Joshua S. Levy and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Stephen W. Hassink of Levy’s Narcotics & Money Laundering Unit is prosecuted the case. The Justice Department’s Office of International Affairs provided substantial assistance.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Dominican Man Charged with Illegal ReentryRead the Press Release
BOSTON – A Dominican man has been charged with illegally reentering the United States after deportation.
Franklin Alcantara Lorenzo, 35, was charged with one count of unlawful reentry of a deported alien. Alcantara Lorenzo was detained following an initial appearance before U.S. District Court Magistrate Judge M. Page Kelley on May 22, 2023.
According to the charging documents, Alcantara Lorenzo was deported from the United States on July 6, 2021, following a federal conviction in the District of Massachusetts for conspiracy to distribute in excess of 40 grams of fentanyl and the possession with intent to distribute in excess of 40 grams of fentanyl.
It is alleged that sometime after his July 2021 removal, Alcantara Lorenzo unlawfully reentered the United States. On April 26, 2023, Alcantara Lorenzo was arrested by immigration authorities in Chestnut Hill.
In December 2020, Alcantara Lorenzo was convicted of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and distribution of and possession with intent to distribute 40 grams or more of fentanyl, for which he was sentenced to 21 months in prison.
The charge of unlawful reentry of a deported alien provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Mark Grady, Deputy Chief of Levy’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.
Worcester Man Sentenced for Distributing Fentanyl and MethamphetamineRead the Press Release
BOSTON – A Worcester man was sentenced on May 17, 2023 for distributing fentanyl and methamphetamine.
Johanny Torres-Rojas, 57, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 57 months in prison and three years of supervised release. In December 2022, Torres-Rojas pleaded guilty to two counts of distribution of and possession with intent to distribute fentanyl and one count of distribution of and possession with intent to distribute methamphetamine and fentanyl.
Between November 2019 and January 2020, Torres-Rojas distributed methamphetamine, fentanyl, heroin and cocaine to a confidential source in six controlled purchases, three of which formed the basis for the charges. On Nov. 20, 2019, and on Nov. 26, 2019, Torres-Rojas distributed pills containing fentanyl and heroin to a confidential source at a store in Worcester. Later, on Jan. 13, 2020, Torres-Rojas distributed pills containing fentanyl and methamphetamine to the confidential source outside of the same store. Across the three charged purchases, Torres-Rojas distributed approximately 835 grams of pills containing methamphetamine, 102 grams of pills containing fentanyl and 30 grams of pills containing heroin.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Valuable assistance was provided by the Worcester Police Department. Assistant U.S. Attorneys Lucy Sun, Samuel R. Feldman and Alathea Porter of Levy’s Criminal Division prosecuted the case.
United States Files Forfeiture Action to Recover Crypto Proceeds Traceable to Cyber Fraud SchemeRead the Press Release
BOSTON – The United States Attorney’s Office filed a civil forfeiture action to recover cryptocurrency alleged to be proceeds of a business email compromise (BEC) fraud scheme targeting a Massachusetts business.
The government seeks to forfeit cryptocurrency seized from seven accounts located at Binance, a cryptocurrency exchange and custodian. The seized cryptocurrency included bitcoin (BTC), Tether (USDT), APE (APEcoin), JASMY (an Ethereum token), OGN (Origin Protocol), SHIB (Shiba Inu), XEC (eCash), TLM and BNB (Binance coin).
In March 2022, a federal investigation began into a BEC scheme targeting a Massachusetts business that was allegedly tricked, through a fraudulent email, into wiring $898,342 from its Massachusetts bank account to a bank account opened in California. From that transfer, proceeds were traced to another bank account and then to a cryptocurrency exchange where the funds were converted to bitcoin. From there, the funds, in the form of cryptocurrency, were transferred through a series of intermediary cryptocurrency addresses, in a manner consistent with tactics employed in money laundering transactions. Ultimately, some of the funds were traced to accounts located at Binance, where they, or things of equivalent value, were seized in August and September 2022.
It is a violation of federal law to use wire communications as part of a scheme to defraud or to obtain money or property by means of false or fraudulent pretenses. The complaint alleges that the seized currency was both proceeds of the wire fraud and/or property involved in money laundering.
A civil forfeiture action allows third parties to assert claims to property, which must be resolved before the property can be forfeited to the United States and returned to victims.
Members of the public who believe they are victims of a cybercrime – including cryptocurrency scams, romance scams, investment scams, and BEC fraud scams – should contact USAMA.CyberTip@usdoj.gov.
Acting United States Attorney Joshua S. Levy and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The civil forfeiture action is being prosecuted by Assistant U.S. Attorney Carol E. Head, Chief of Levy’s Asset Recovery Unit.
The details contained in the civil forfeiture complaint are allegations. The United States Attorney’s Office has not filed a corresponding criminal action on the matter.
Sudbury Man Pleads Guilty to Child Pornography OffensesRead the Press Release
BOSTON – A Sudbury man pleaded guilty on May 17, 2023 to child pornography charges.
Tyson Tu, 50, pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography. U.S. District Court Judge Denise J. Casper scheduled sentencing for Aug. 9, 2023. Tu was indicted by a federal grand jury in October 2021.
In May 2020, Tu was identified as the subscriber of an IP address downloading child pornography from a peer-to-peer file sharing network. During a search of Tu’s residence on April 13, 2021, multiple electronic devices were seized – one of which was actively downloading and sharing child pornographic files at the time. Three of the seized devices were found to contain child pornography files. It was determined that between approximately Feb. 20, 2021 through April 13, 2021, Tu received child pornography.
The charge of receipt of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, at least 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 statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Sudbury Police Chief Scott Nix made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Levy’s Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by 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 https://www.justice.gov/psc.
Springfield Man Pleads Guilty to Charges Related to Catalytic Converter Thefts and Money LaunderingRead the Press Release
BOSTON – A Springfield man pleaded guilty on May 17, 2023 in federal court in Boston to charges related to the theft and transportation of stolen catalytic converters and the sale of stolen catalytic converters to core buyers in other states.
Jose Torres, a/k/a “Goldy,” a/k/a “Goldy Tech,” 37, pleaded guilty to an indictment charging him with conspiracy transport stolen property in interstate commerce, interstate transportation of stolen property, and conspiracy commit money laundering. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 6, 2023.
Torres and six other men were arrested on April 12, 2023, and charged with offenses related to the theft, transportation, and sale of stolen catalytic converters taken from over 470 vehicles during 2022 and 2023.
Catalytic converters are a component of a vehicle’s exhaust device that reduce the toxic gas and pollutants from a vehicle's internal combustion engine into safe emissions by catalyzing a redox reaction process. They are required components on all combustion engine automobiles in the United States as regulated by the Environmental Protection Agency (EPA). Catalytic converters use precious metals in their center or “core” and are regularly targeted for theft due to the high value of these metals – including palladium, platinum, and rhodium. Some of these precious metals are more valuable per ounce than gold and their value has been increasing in recent years, with black-market prices being more than $1,000 each.
Catalytic converter theft has become a nationwide problem across a multitude of state, local, and federal jurisdictions. Catalytic converters thieves, sometimes referred to as “cutters,” conduct searches in residential neighborhoods, parking lots, and other locations to steal the most high-value catalytic converters. Located in a vehicle’s undercarriage, the theft of a vehicle's catalytic converter results in damage that renders the vehicle inoperable – both mechanically and legally under EPA regulations – until properly replaced.
According to the charging documents, law enforcement throughout Massachusetts and New Hampshire identified a large number of catalytic converter thefts for which a Maroon Acura was identified as having been involved. These incidents involved at least two suspects wearing dark clothing, who would target residential and commercial vehicles. The suspects were skilled and able to locate and cut away the catalytic converter from a vehicle within a minute in most instances, using battery operated power-tools, specifically a fast-cutting reciprocating saw. Some vehicles needed to be jacked up in order to access the catalytic converters and the suspects would promptly place the jack under the vehicle, raise it, cut the catalytic converter, stow it in the rear of the Maroon Acura and move on.According to the charging documents, the investigation revealed that the Maroon Acura belonged to Rafael Davila, allegedly the theft crew leader who planned and participated in each of the thefts. It is further alleged that Rafael Davila engaged in catalytic converter thefts and burglaries on a full-time basis, committing these multiple nights per week for upwards of eight hours a night. Additionally, cell phone data allegedly revealed that Rafael Davila maintained meticulous notes accounting for the locations that he and his co-conspirators had targeted and the number of catalytic converters that had been stolen, including the makes and models, and when they were dropped off.
It is alleged that Rafael Davila would undertake the thefts with a group of individuals, including his brother Nicolas Davila, Fonseca, Feliberty and Marshall. As leader of the crew, Rafael Davila was allegedly responsible for the planning of and transportation to each targeted theft – utilizing his vehicle, determining price values for stolen converters and purchasing needed materials. Specifically, it is alleged that Rafael Davila regularly purchased large quantities of bi-metal saw blades designed to be used with a reciprocating power saw as well as cut resistant gloves which, according to surveillance footage, appear identical to those worn by the thieves
Surveillance footage, communications and location monitoring data obtained from the defendants’ cell phones and Davila’s vehicle identified that the defendants were allegedly involved in the theft of catalytic converters from at least 471 vehicles across Massachusetts and New Hampshire in 2022 and 2023 alone. It is believed that a significant number of additional thefts have not been identified or were not ever reported to law enforcement. It is alleged that, on numerous occasions, the defendants targeted more than 10 vehicles in a single night, with one night reporting thefts from 26 vehicles.
Once in possession of the stolen catalytic converters, the crew would then allegedly sell them to Torres. It is alleged that Torres who would accumulate stolen catalytic converters from multiple theft crews and then in turn sell them to scrap dealers in the Northeast. In particular, Torres sold stolen catalytic converters to scrap dealers who have since been charged federally for interstate transportation of stolen property and money laundering, including Alexander Kolitsas and Downpipe Depot charged in the District of Connecticut, as well as DG Auto, a New Jersey based company charged in the Eastern District of California and Northern District of Oklahoma. Torres transacted approximately $30,000 to $80,000 in stolen catalytic converters per week to these entities.
Through use of digital pricing applications, and communication with the core buyers, Torres allegedly provided prices to Davila and other theft crews based of the make and model of the vehicle and by the code on the catalytic converter. Knowing the prices of the most valuable converters, Davila and his crew would seek out those makes and models to target. Torres then negotiated with the core buyer and delivered the catalytic converters to their facility. Torres is known to have sold and transported thousands of stolen catalytic converters to scrap dealers in Connecticut, Rhode Island, New York and New Jersey areas.
The charge of conspiracy to transport stolen property in interstate commerce provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of interstate transportation of stolen property provides for a sentence of up to 10 years, up to three years of supervised release and a fine of up to $250,000. The charge of conspiracy to commit bank theft provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of bank theft provides for a sentence of up to 10 years, up to three years of supervised release and a fine of up to $250,000. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $500,000 or twice the value of the proceeds, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; John E. Mawn, Interim Colonel of the Massachusetts State Police; and Kevin Gallagher, Director of Operations for the National Insurance Crime Bureau, Northeast Region made the announcement today. Valuable assistance was also provided by the United States Attorney’s Offices for the District of Connecticut, the Northern District of Oklahoma and the Eastern District of California; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the New England State Police Information Network (NESPIN). Assistant U.S. Attorney Philip A. Mallard of Levy’s Organized Crime & Gang Unit is prosecuting the case.
Over 70 local police departments in Massachusetts, New Hampshire and Connecticut contributed to this investigation through the submission of their investigations of catalytic converter thefts in their jurisdiction. The Massachusetts Police Departments contributing to the investigation were Abington, Acton, Andover, Auburn, Bedford, Bellingham, Beverly, Billerica, Burlington, Bridgewater, Canton, Carver, Chelmsford, Concord, Cranston, East Hampton, Easton, Fitchburg, Framingham, Franklin, Gardner, Hampton, Hanover, Haverhill, Hingham, Holliston, Holyoke, Hudson, Ipswich, Lawrence, Leominster, Lynn, Malden, Mansfield, Medford, Marlborough, Methuen, Middleton, Milford, Millbury, Needham, Newton, Northborough, Norwell, Norwood, Peabody, Pembroke, Plymouth, Randolph, Rockland, Sharon, Shrewsbury, Springfield, Sterling, Sturbridge, Sudbury, Tyngsborough, Walpole, Waltham, Watertown, West Bridgewater, Weymouth, Wilmington, Woburn and Worcester. The New Hampshire Police Departments contributing to the investigation were Bow, Concord, Derry, Hooksett, Hudson, Londonderry, Manchester, Salem and Windham. The South Windsor and Windsor Connecticut Police Departments also contributed to the investigation.
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.
Serial Bank Robber Sentenced to 10 Years in PrisonRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for the April 2020 robbery of a Santander Bank branch in Boston.
Dennis C. Taylor, 49, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to 10 years in prison and three years of supervised release. On March 11, 2022 Taylor pleaded guilty to one count of bank robbery.
On April 29, 2020, an individual – later determined to be Taylor – dressed in a dark hooded jacket, blue latex gloves and a facemask entered a Santander Bank branch on Massachusetts Avenue in Boston where he approached a teller and demanded money. The teller handed Taylor cash from her drawer, which he placed in a white plastic bag before exiting the bank. Included within the cash was a red dye pack. Surveillance cameras on Massachusetts Avenue captured video of Taylor exiting the area and running towards a local parking garage as the red dye pack exploded into a plume of red smoke. During a subsequent search of the parking garage, law enforcement recovered a white plastic bag containing red dye-stained money and a pair of blue latex gloves. The gloves were found to match Taylor’s DNA profile.Taylor was previously convicted of federal bank robbery in 2004 and again in 2010. In 2010, Taylor was sentenced to 10 years in prison and three years of supervised release for the December 2009 robberies of a Rockland Trust bank and a TD Bank in Yarmouth.
Acting United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Boston Police Commissioner Michael Cox made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit prosecuted the case.Operator of Sober Homes and Associate Arrested for Fraud Schemes Involving Sober Home Client, Mass Save Program and COVID-19 Business LoansRead the Press Release
BOSTON – An operator of numerous sober homes in Massachusetts, who also operated insulation companies receiving funds through the Mass Save Program, was indicted along with a sober home manager, for their alleged involvement in numerous fraud schemes involving sober homes in the Greater Boston area, the Mass Save Program and a federal loan program to assist businesses during the COVID-19 Pandemic.
Daniel Cleggett, 37, of Kingston and Nicholas Espinosa, 37, of Randolph, were charged in a 37-count indictment with two counts of wire fraud conspiracy; one count of conspiracy to make false statements to a mortgage lending business (mortgage fraud conspiracy); 21 counts of wire fraud; six counts of unlawful monetary transactions (money laundering); and one count of making false statements to a mortgage lending business. In addition, Cleggett was separately charged with four counts of wire fraud and two counts of making false statements to a mortgage lending business. The defendants were arrested this morning and released following an initial appearance in federal court in Boston today before U.S. District Court Magistrate Judge Paul G. Levenson.
According to the charging documents, Cleggett was the founder of the sober home business A Vision From God LLC (AVFG). Established in November 2016, AVFG owns and operates sober homes in Boston, Wakefield, Quincy and Weymouth under trade names including Brady’s Place, Lakeshore Retreat and Lambert House. Espinosa managed the day-to-day affairs of Cleggett’s sober home business.
It is alleged that Cleggett, Espinosa and a sober home client entered into a conspiracy to defraud a New York-based family trust that was paying for the client’s room and board at Brady’s Place, located in Quincy. Specifically, Cleggett and Espinosa allegedly overcharged the family trust for room and board by up to $12,500 per month by submitting false and fraudulent invoices to the family trust. Cleggett and Espinosa would allegedly then issue “refund” checks to the client in furtherance of the fraud scheme.
According to the charging documents, from approximately October 2019 to December 2021, Cleggett personally, and through straw purchasers including Espinosa, purchased the three residential properties in Weymouth and Boston to use as sober homes. It is alleged that Cleggett, Espinosa and others submitted false information and fraudulent documentation including falsely representing that the three properties were intended to be purchased as primary residences when, in reality, each was intended to be a sober homes.
In addition to the sober home business, Cleggett operated numerous insulation contracting companies that participated in the Mass Save Program: Green Save Energy Corporation; Environmental Construction Objective Inc. (ECO); Green Giants, LLC; and Insulation Situation, LLC. Mass Save is a Massachusetts public/private partnership sponsored by gas and electric utility companies that funds energy conservation projects and improvements via energy efficiency funds charged to Massachusetts residents’ utility bills. Specifically, Green Save and ECO received millions of dollars for residential insulation work from a lead vendor company under the Mass Save program. It is alleged that, from 2018 through mid-2021, Green Save and ECO fraudulently billed the vendor company for required permits that were not actually obtained. Green Save and ECO were ultimately terminated from participating in the company’s program in June 2021, and Cleggett was banned from participating in the Mass Save program. In response to this, Cleggett, Espinosa and other co-conspirators allegedly formed Insulation Situation and Green Giants to enter as new lead vendors with the same company under straw owners. As a result, Cleggett allegedly obtained a total of $954,443 in payments from the company to Green Giants and Insulation Situation, despite him being banned from participating in the Mass Save program.
Additionally, it is alleged that on April 1, 2020, Cleggett submitted three Economic Injury Disaster Loan (EIDL) applications to the Small Business Administration for AVFG, the Daniel Cleggett Sole Proprietorship and Green Save. Cleggett obtained a total of $794,900 in EIDL loans and advances. In the applications, it is alleged that Cleggett falsely denied involvement in illegal activity despite his alleged involvement in the sober home wire fraud scheme and the mortgage fraud scheme involving one of his Weymouth sober homes. It is also alleged that Cleggett’s Sole Proprietorship EIDL application was false because the Daniel Cleggett Sole Proprietorship did not exist. Despite certifying that EIDL proceeds would only be used for “working capital” for the entity seeking the loan, Cleggett allegedly used tens of thousands of dollars from the funds to pay for personal expenses including EZ-Pass bills, gym membership fees, pet expenses, airline tickets, car rentals, vacation trips to Yellowstone, Montana and Aruba, and thousands of dollars in hotel resort stays for Cleggett and his girlfriend – which included spa fees as well as a wine and caviar dinner, among other expenses. Cleggett also allegedly used Green Save EIDL funds for $37,997 in wedding expenses.
The charges of wire fraud and wire fraud conspiracy provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of making false statements to a mortgage lending business provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million. The charge of unlawful monetary transactions provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joleen D. Simpson, Special Agent in Charge of Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Valuable assistance was provided by the Kingston, Randolph and Quincy Police Departments. Assistant U.S. Attorneys and John T. Mulcahy of Levy’s Criminal Division and Dustin Chao, Chief of Levy’s Public Corruption 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.
Gardner Man Sentenced to 10 Years in Prison for Child Pornography OffensesRead the Press Release
BOSTON – A Gardner man was sentenced on May 17, 2023 in federal court in Worcester for distributing and possessing child pornography.
Michael Irons, 46, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 10 years in prison and five years of supervised release. On Jan. 27, 2023, Irons pleaded guilty to one count of possession of child pornography and one count of distribution of child pornography.
During a search of Iron’s residence in July 2020, two cell phones were discovered in Iron’s bedroom – belonging to him – that a preliminary search revealed to contain approximately 500 videos and over 1,000 images of child pornography. It was determined that Irons used an application called Kik Messenger to distribute child pornography; in the application, Irons participated in a group chat where he distributed and encouraged other members to upload child pornography. Irons also had a Snapchat account, which Irons used to solicit nude photographs and videos from purported minors.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of the Homeland Security Investigations in New England made the announcement today. Assistance was provided by the Gardner and Worcester Police Departments. Assistant U.S. Attorneys Lucy Sun and Kaitlin J. Brown of Levy’s Criminal Division prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by 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 https://www.justice.gov/psc.Former Bosnian Combatant Charged with Passport FraudRead the Press Release
BOSTON – A Winthrop man was charged yesterday for allegedly using a fraudulently obtained passport to enter the United States from Istanbul, Turkey in 2021.
Azem Gigo Zebic, 51, was charged with one count of use of a fraudulently obtained passport.
According to the charging documents, Zebic first came to the United States from Croatia in 1997. It is alleged that Zebic was admitted to the United States after falsely claiming that he had been the subject of persecution by Serb forces during the Bosnian War. Specifically, Zebic allegedly claimed, among other things, that Serb forces had captured, interrogated, beaten him and forced him to pull wounded soldiers from the front lines. It is further alleged that, once in the United States, Zebic continued to make false statements about his past, including that he had never assisted anyone else enter the country illegally. Zebic allegedly used this false history to obtain lawful permanent residency, American citizenship and a United States passport.
The use of a fraudulently obtained passport provides for a sentence of up to 10 years in prison, followed by 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 statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; and Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office made the announcement today. This matter was investigated with the assistance of the United States Interagency Human Rights Violators & War Crimes Center. Assistant U.S. Attorneys John T. McNeil and Jason A. Casey of Levy’s National Security Unit are prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican man was sentenced on May 17, 2023 in federal court in Boston for illegally reentering the United States after deportation.
Felix Bienvenido Gonzalez-Arias, a/k/a “Victor Manuel Trinidad-Lugo,” 38, was sentenced by U.S. District Court Judge Indira Talwani to 21 Months in prison and three years of supervised release. Gonzalez-Arias will be subject to deportation proceedings upon completion of his sentence. On Feb. 23, 2023, Gonzalez-Arias pleaded guilty to one count of unlawful reentry of a deported alien.
At an unknown time, Gonzales-Arias illegally entered the United States. In November 2014, he was arrested in Essex County on state charges of heroin trafficking. Gonzales-Arias was convicted of the offense, sentenced to three and a half to five years in state prison and upon completion of his sentence, he was removed from the United States in April 2018. Some point thereafter, Gonzales-Arias illegally reentered the United States.
On Sept. 1, 2022, Gonzalez-Arias was arrested in Lawrence on drug trafficking charges. Gonzalez-Arias’ fingerprints produced a positive match from those from his 2014 arrest and 2018 removal and he was identified as being illegally present in the United States after deportation.
Acting United States Attorney Joshua S. Levy and Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit prosecuted the case.Convicted Felon Sentenced to More than Eight Years in Prison for Fentanyl Distribution Offenses and Possessing a Loaded Firearm with Obliterated Serial NumberRead the Press Release
BOSTON – A Somerville man was sentenced on May 17, 2023 for distributing fentanyl and subsequently possessing fentanyl with intent to distribute while being illegally in possession of a loaded firearm.
Tevon Ngomba, 30, was sentenced by U.S. District Court Judge Indira Talwani to 97 months in prison and four years of supervised release. In November 2022, Ngomba pleaded guilty to one count of distributing and possessing with intent to distribute 40 grams or more of fentanyl, one count of possessing with intent to distribute fentanyl and one count of possessing a firearm and ammunition as a convicted felon.
On July 16, 2020, less than two months following his release from state prison, Ngomba distributed more than 40 grams of fentanyl to an individual in exchange for $1,800 in a recorded drug transaction.On Aug. 3, 2020, Ngomba purported to sell a loaded firearm to the same individual in exchange for $1,500 in another recorded transaction. During the deal, which occurred in the individual’s vehicle, Ngomba loaded the firearm and pretended to leave it under the driver’s seat before exiting the vehicle. Instead, Ngomba took both the $1,500 cash from the individual as well as the firearm he had pretended to sell. Ngomba did not realize, however, that he accidentally left his cellphone in the individual’s vehicle which he preceded to chase down. Law enforcement immediately apprehended Ngomba who was still clutching the $1,500 in his hand.
During a subsequent search of Ngomba’s vehicle, a loaded Ruger firearm with an obliterated serial number was found in the trunk. Sixteen grams of fentanyl and a second cellphone containing drug-related communications were in the glove compartment. The cellphone Ngomba left in the individual’s car was found to contain images from the night before of Ngomba posing with what appeared to be the same firearm found in his vehicle. One image also showed Ngomba posing alongside two associates while he had a firearm in his pocket.
At the sentencing hearing, the Court also found that Ngomba obstructed justice during the litigation of the case, determining that Ngomba had submitted false documents to the Court in connection with a detention reconsideration hearing. Those documents included two letters purportedly written by two acquaintances of Ngomba (the same individuals depicted in one of the cellphone images) in which they denied any gang affiliation or association. A transcript of jail recordings captured Ngomba contacting an individual requesting that she draft letters in the names of those two associates. Ngomba detailed what to write in the letters and then instructed the female to create a fake email account from which to transmit the letters onto his attorney for submission to Court in support of his pretrial release. The letters ultimately were filed with the Court in connection with Ngomba’s detention reconsideration hearing.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, New England Field Division; Somerville Police Chief Charles Femino; and Somerville Housing Authority Chief of Police Daniel Meade made the announcement. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Fred M. Wyshak, III of Levy’s Organized Crime and Gang Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.Brazilian Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Brazilian man residing in Revere has been sentenced in federal court in Boston for illegally reentering the United States after deportation.
Julio Cesar Ferreira Artur, 41, was sentenced on May 17, 2023 by U.S. District Court Judge Richard G. Stearns to 18 months in prison followed by one year of supervised release. Ferreira Artur will be subject to deportation proceedings upon completion of his sentence. On Jan. 17, 2023, Ferreira Artur pleaded guilty to illegal reentry.
In 2005, Ferreira Artur was encountered by federal immigration authorities in Arizona and determined to be illegally present in the United States. Ferreira Artur was subsequently placed into removal proceedings and, on March 30, 2005, was deported to Brazil.
Sometime after his 2005 removal, Ferreira Artur illegally reentered the United States. In February 2018, he was encountered by immigration authorities in Revere, determined to be illegally present and again deported to Brazil in April 2018.
On an unknown date and place, Ferreira Artur illegally reentered the United States for the third time. In February 2022, federal immigration authorities located Ferreira Artur at the Middlesex County House of Correction where he was being held pretrial on unrelated state charges. According to court records, in January 2022 he was convicted in a state case of carrying a firearm and ammunition without a license and sentenced to more than four years in prison.
Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement. Assistant U.S. Attorney Elianna J. Nuzum of Levy’s Major Crimes Unit prosecuted the case.Watertown Father and Son Sentenced to Prison for Decade-Long Lottery and Tax Fraud SchemeRead the Press Release
BOSTON – A father and son were sentenced today in federal court in Boston for orchestrating an elaborate “ten-percenting” scheme involving dozens of convenience stores across Massachusetts. The defendants unlawfully claimed more than 14,000 winning lottery tickets, laundered over $20 million in proceeds, and then lied on their tax returns. The result was more than $6 million in federal tax loss. As a direct result of this case, the Massachusetts State Lottery Commission is in the process of revoking or suspending the licenses of more than 40 of its lottery agents.
Ali Jaafar, 63, and Yousef Jaafar, 29, both of Watertown, were sentenced by U.S. District Court Judge Nathaniel M. Gorton to five years and 50 months in prison, respectively, in addition to orders of restitution in the amount of $6,082,578 and forfeiture of their profits from the scheme. In December 2022, Ali and Yousef Jaafar were convicted by a federal jury of one count of conspiracy to defraud the Internal Revenue Service, one count of conspiracy to commit money laundering and one count each of filing a false tax return.
Mohamed Jaafar, another of Ali Jaafar’s sons who was also involved in the scheme, previously pleaded guilty to conspiracy to defraud the Internal Revenue Service on Nov. 4, 2022 and is scheduled to be sentenced on July 25, 2023.
In 2019 alone, Ali Jaafar was the top individual lottery ticket casher for Massachusetts. Mohamed Jaafar was the third highest individual ticket casher and Yousef Jaafar was the fourth highest individual ticket casher. The scheme also resulted in federal tax losses of over $6 million, more than $1.2 million of which went directly to the defendants in the form of fraudulent tax refunds.
“This case is, at its core, an elaborate tax fraud. Over the course of a decade, this father-and-son team defrauded the Massachusetts State Lottery Commission and the IRS to pocket millions of hard-earned taxpayers’ dollars. These defendants worked together to recruit a wide network of co-conspirators and spread their lottery scam across Massachusetts, avoiding detection by repeatedly lying to government officials. In total, the Jaafars laundered more than $20 million in proceeds, and their scheme resulted in more than $6 million in tax loss. These defendants pocketed $1.2 million from fraudulent taxpayer refunds,” said Acting United States Attorney Joshua S. Levy. “I commend the Massachusetts State Lottery Commission and the IRS for their exceptional collaboration and partnership. As a direct result of this case, the Commission is in the process of revoking or suspending the licenses of more than 40 of its lottery agents. This case should serve as a warning to those who think they can cheat the system for their own financial gain: you will be identified, prosecuted and held accountable.”
“Instead of using business savvy and skill to build a legitimate multi-generational family business, the Jaafars carried out a complex decade-long tax and lottery scam, building a vast network of coconspirators to further their illegal activities. Tax violations have been erroneously referred to as victimless crimes, but it's the honest law-abiding citizen who is harmed when someone tries to manipulate our nation's tax system,” said Joleen Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston.“This case is an example of the extensive efforts the Lottery will take in partnering with law enforcement to assist in the prevention of illegal activities. This decision is the culmination of years of hard work to maintain the integrity of the Lottery,” said Deborah B. Goldberg, Massachusetts State Treasurer & Receiver General, and Chair of the Massachusetts State Lottery Commission.
“The outcome of this case sends a clear message that anyone complicit in the avoidance of financial obligations through fraudulent Lottery prize claims faces real and severe consequences. We commend the U.S. Attorney’s Office, the Massachusetts State Police and the IRS for their efforts in assisting us in confronting these illegal activities and securing the public’s trust in the Lottery,” said Mark William Bracken, Interim Executive Director, Massachusetts State Lottery.
Between 2011 and 2020, the defendants purchased winning lottery tickets from individuals across Massachusetts who wanted to sell their winning tickets for a cash discount instead of claiming their prizes from the Massachusetts State Lottery Commission. This allowed the real winners to avoid identification by the Commission, which is legally required to identify lottery winners and withhold any outstanding taxes, back taxes and child support payments before paying out prizes. The defendants recruited and paid the owners of dozens of convenience stores to facilitate the transactions. After purchasing tickets from the lottery winners at a discount, using the convenience stores as go-betweens, the defendants lied to the Commission, claiming the full amount of the prize money as their own. The defendants then further profited by reporting the winnings on their income tax returns and claiming equivalent fake gambling losses as an offset, thereby avoiding federal income taxes and receiving fraudulent tax refunds.
Acting U.S. Attorney Levy; IRS SAC Simpson; Treasurer & Receiver General Goldberg; and Interim Executive Director Bracken made the announcement today. Assistant U.S. Attorneys Christopher J. Markham and Kristen A. Kearney of Levy’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Two Indicted for Narcotics Offenses Involving 20 Kilograms of CocaineRead the Press Release
BOSTON – Two men have been indicted by a federal grand jury in Boston in connection with a traffic stop in Littleton on March 29, 2023, that resulted in the seizure of 20 kilograms of cocaine.
Cornelio Hernandez, 51, of Fort Worth, Texas; and Erasmo Lira-Mendez, 38, a citizen of Mexico, have been indicted on one count of conspiracy to possess with intent to distribute controlled substances and one count of possession with intent to distribute 5 kilograms or more of cocaine. Hernandez and Lira-Mendez were arrested on March 29, 2023, on related state charges. The defendants were detained following an initial appearance in federal court in Worcester today before U.S. District Court Magistrate Judge David H. Hennessy.
According to court documents, Hernandez and Lira-Mendez were arrested after a traffic stop in Littleton resulted in the seizure of 20 kilograms of cocaine from a duffle bag on the back seat of their car. The driver, Lira-Mendez, lacked a driver’s license. The passenger, Hernandez, also lacked a driver’s license and had a pending warrant for his arrest in Texas.
The charges of conspiracy to distribute controlled substances (involving 5 kilograms or more of cocaine) and possession with intent to distribute 5 kilograms or more of cocaine provide for a mandatory minimum sentence of 10 years incarceration and a maximum of life, at least five years of supervised release, and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Samuel R. Feldman of Levy’s Narcotics & Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Third Superseding Indictment Charges 22 Members and Associates of Violent Gang with Racketeering, Murder, Attempted Murder, Robbery and Drug and Firearm OffensesRead the Press Release
BOSTON – In a 42 count third superseding indictment, 22 members and associates of the Boston-based Cameron Street gang have been charged with various crimes including racketeering (RICO) conspiracy, gun and drug trafficking, illegal possession of firearms, and possessing firearms in furtherance of drug trafficking.
According to court documents, the Cameron Street gang is a violent criminal enterprise whose members and associates are involved in a variety of criminal activities – including murders, attempted murders, armed robberies, carjackings, home invasions, human trafficking, as well as drug and firearms trafficking, among other offenses – in the Dorchester neighborhood of Boston and surrounding areas. While the gang is primarily based in Boston, Cameron Street criminal activity has spanned other communities, including Brockton, Cambridge, Somerville, Quincy, Everett, Randolph, Taunton and elsewhere in Massachusetts.
It is alleged that Cameron Street members use violence against rival gangs and witnesses, typically with the use of firearms, to maintain and enhance their status and the overall reputation of the gang, as well as to protect the gang’s power, reputation and territory. Cameron Street members are allegedly responsible for assisting one another with obtaining and accessing firearms, forming and maintaining drug trafficking connections, resolving territorial disputes with rival gangs and providing safe havens for fellow members who are wanted by law enforcement. It is further alleged that Cameron Street gang members regularly post videos or use social media to promote Cameron Street, denigrate gang rivals and to celebrate murders and other violent crimes committed by the gang. To identify themselves as members of the gang, members obtain tattoos, use hand signs and wear jewelry and clothing involving the letters “C,” “A” and “M,” or numbers corresponding with the letters’ places in the alphabet, “3-1-1-3.” Members engage in drug trafficking activity and distributed kilograms of cocaine, cocaine base (crack cocaine), oxycodone and marijuana throughout Massachusetts. During the investigation, 21 firearms and hundreds of rounds of ammunition were allegedly seized from 11 of the defendants.
The third superseding indictment adds three Cameron Street members to the RICO conspiracy count: Takari Elliot, a/k/a “T-Paper”; Daronde Bethea, a/k/a “Freeze”; and Michael Nguyen, a/k/a “Asian.” The third superseding indictment alleges that, as part of the Cameron Street enterprise, Elliot was paid to commit the Oct. 13, 2020 murder of a gang rival in Brockton. It is further alleged that Cameron Street members committed previously uncharged attempted murders, including Eric Correia and Clayton Rodrigues’ attempted murder of a gang rival in Boston as well as the June 11, 2018 attempted murder of a gang rival in Boston by Betha and Anthony Centieo. Additionally, the indictment alleges that Bethea and Nguyen worked with Cameron Street associate Brendan Amado to commit a home invasion robbery of a Canton home in July 2018.
The charge of RICO conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Because Elliot is alleged to have committed a murder during the Cameron Street enterprise, Elliot faces an increased penalty of life in prison on the RICO conspiracy count. The charge of being a felon in possession of a firearm and/or ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of possession of a firearm in furtherance of a drug trafficking crime provides a mandatory minimum sentence of five years and up to life in prison, up to five of supervised release and a fine of $250,000. The charges of conspiracy to distribute 500 grams or more of cocaine or 50 grams or more of methamphetamine provide for a mandatory minimum sentence of 5 years in prison, up to 40 years in prison, supervised release of at least 4 years, and a fine of up to $5 million. The charges of conspiracy to distribute and possession with intent to distribute controlled substances each provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of $1 million. The charge of conspiracy to interfere with commerce by threat or violence provides for a sentence of up to 20 years, a fine of up to $250,000, and supervised release for three years. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Acting U.S. Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; and Boston Police Commissioner Michael Cox made the announcement today. Valuable assistance was provided by the Massachusetts State Police; Suffolk County Sheriff’s Office; Suffolk, Plymouth, Norfolk and Bristol County District Attorney’s Offices; and the Canton, Quincy, Randolph, Somerville, Brockton, Malden, Stoughton, Rehoboth and Pawtucket (R.I.) Police Departments. Assistant U.S. Attorneys Christopher Pohl and Alathea E. Porter of Levy’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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APPENDIX
1. Kenny Romero, a/k/a “KG,” 28, charged with RICO conspiracy, felon in possession of a firearm and ammunition, possession with intent to distribute cocaine, distribution of cocaine base and cocaine; 2. Anthony Centeio, a/k/a “Wheezy,” a/k/a “Taliban Wheeze,” 33, charged with RICO conspiracy, felon in possession of a firearm and ammunition, conspiracy to distribute 500 grams or more of cocaine; 3. Felisberto Lopes, a/k/a “Phil,” a/k/a “CheeB,” 36, charged with RICO conspiracy, felon in possession of a firearm and ammunition, possession of 500 grams or more of cocaine with intent to distribute; 4. Keiarri Dyette, a/k/a “Kemo,” 24, charged with RICO conspiracy, dealing in firearms without a license, and conspiracy to distribute cocaine; 5. Eric Correia, a/k/a “Bubba,” 24, charged with RICO conspiracy and distribution of marijuana; 6. Paulo Santos, a/k/a “Bucky,” 33, charged with RICO conspiracy, possession of 500 grams or more of cocaine with intent to distribute, felon in possession of a firearm, and possession of a firearm during a drug trafficking offense; 7. Devante Lopes, a/k/a “D-Lopes,” 27, charged with RICO conspiracy, conspiracy to distribute marijuana, and possession with intent to distribute 500 grams or more of cocaine; 8. Charod Taylor, a/k/a “Pachino,” 33, charged with RICO conspiracy and conspiracy to distribute cocaine base and cocaine; 9. Jose Afonseca, a/k/a “Zay,” 30, charged with RICO conspiracy, dealing in firearms without a license, and conspiracy to distribute 500 grams or more of cocaine; 10. James Rodrigues, a/k/a “Bummy,” 32, charged with RICO conspiracy and conspiracy to distribute cocaine base; 11. Jonathan Darosa, a/k/a “Jeezy,” 29, charged with RICO conspiracy, felon in possession of a firearm and ammunition, and distribution of cocaine and oxycodon; 12. Clayton Rodrigues, a/k/a “Loo,” a/k/a “C-Loo,” 26, charged with RICO conspiracy and possession of a firearm with an obliterated serial number; 13. Wilter Rodrigues, a/k/a “Walt,” a/k/a “Wo-Wo,” 35, charged with conspiracy to distribute cocaine base; 14. Michael Lopes, a/k/a “Meech,” 34, charged with conspiracy to distribute cocaine base and cocaine; 15. Victor Nunez, a/k/a “Tito,” 41, charged with conspiracy to distribute cocaine base and cocaine; 16. FNU LNU, a/k/a “Smoke,” charged with conspiracy to distribute cocaine base and cocaine; 17. Jamaal Davis, a/k/a “Marley,” 29, charged with distribution of cocaine and possession of a firearm during a drug trafficking offense; 18. Michael Nguyen, a/k/a “Asian,” 22, charged with RICO conspiracy, possession with intent to distribute marijuana and possession of a firearm during a drug trafficking offense; 19. Steve Depina, a/k/a “Stizz,” 35, charged with felon in possession of a firearm and distribution of cocaine base and cocaine; 20. Daronde Bethea, a/k/a “Freeze,” 30, charged with RICO conspiracy, conspiracy to interfere with commerce by threat or violence, and being a felon in possession of a firearm; 21. Takari Elliot, a/k/a “T-Paper,” 31, charged with RICO conspiracy; and
22. Brendon Amado, 27, charged with conspiracy to interfere with commerce by threat or violence.Registered Sex Offender Arrested for Possessing Child PornographyRead the Press Release
BOSTON – A Harwich man has been arrested on child pornography offenses.
Jonathan Fleischmann, 35, was charged with one count of possession of child pornography. Fleischmann was arrested on May 16, 2023 and remains federal custody following a detention hearing today before U.S. District Court Magistrate Judge David H. Hennessey.
According to the charging documents, Fleischmann’s co-workers reported to law enforcement that, between March 17 and March 18, 2023, Fleischmann’s cellphone was allegedly observed downloading suspected child pornography media files while his phone was left open and charging on a counter at their workplace. During a subsequent search of Fleischmann’s cellphone allegedly identified approximately 255 image files and 55 video files that contained suspected child pornography.
Fleischmann is currently facing separate state charges in Barnstable Superior Court for allegedly invading a Yarmouth home and forcibly taking a 16-year-old female at gunpoint into her house as she arrived home from school in 2020.
Fleishmann is a Level 3 sex offender due to prior convictions in Barnstable District Court of Indecent Assault and Battery on a Child Under 14 in 2006 and Open and Gross Lewdness in 2017.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The charge of possession of child pornography provides for a mandatory minimum sentence of 10 years and up to 20 years in prison, at least 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 statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Levy’s Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by 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 https://www.justice.gov/psc.
Methuen Man Pleads Guilty to Disaster Fund Fraud SchemeRead the Press Release
BOSTON – A Methuen man pleaded guilty on May 18, 2023 in federal court in Boston to using stolen identities to fraudulently obtain Economic Injury Disaster Loan funds from the Small Business Administration (SBA) and to launder the funds.
Ramon Joseph Cruz, Jr., 27, pleaded guilty to one count of conspiracy to commit wire fraud and four counts of wire fraud and aiding and abetting. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Aug. 20, 2023. Cruz was arrested and charged by criminal complaint in December 2020 along with alleged co-conspirator Darwyn Joseph. The defendants were subsequently indicted by a federal grand jury in January 2021.According to the charging documents, the defendants were involved in a conspiracy to use stolen identity information of United States citizens to apply for SBA Economic Injury Disaster Loans. Specifically, Cruz and, allegedly, Joseph used stolen identity information of U.S. citizens to open fraudulent bank accounts which were then linked to other fraudulent bank accounts set up to receive the SBA funds. Cruz and, allegedly, Joseph also received some of the debit cards associated with fraudulent bank accounts into which SBA funds were deposited, and then laundered those funds by using them to purchase large numbers of iPhones for re-sale. Cruz and, allegedly, Joseph also wired a portion of the funds to the Dominican Republic in furtherance of the scheme.
Over $452,000 in SBA funds were fraudulently obtained in connection with this scheme. Approximately $250,000 of this money was used allegedly to purchase iPhones in Massachusetts and New Hampshire.
The charges of wire fraud and conspiracy to commit wire fraud provide for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Assistant U.S. Attorneys Elianna Nuzum and Adam Deitch of Levy’s Criminal Division are prosecuting the case.On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.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.
Former Naval Police Officer Sentenced for Making Threats in Interstate CommerceRead the Press Release
BOSTON – A former naval police officer at the Portsmouth Naval Shipyard in New Hampshire was sentenced on May 18, 2023 in federal court in Boston for making threatening communications to his ex-wife and her mother in Iowa.
Luis De Leon, 30, of Middleton, was sentenced by U.S. Senior District Court Judge William G. Young to 18 months in prison and three years of supervised release. On March 8, 2023, De Leon pleaded guilty to three counts of making threats in interstate commerce.
On or about April 30, 2022, De Leon made a threatening phone call to his ex-wife in Iowa from a mobile telephone belonging to another individual. Specifically, during the call, De Leon made several threatening statements including, “You’re gonna f****** pay! Do you understand!? There will be death! There will be war in the street! You wanna to go war!? I’ll take you to f****** war!”
Between May and June 2022, De Leon sent two letters containing threats to his ex-wife’s mother in Iowa. In the letters, De Leon wrote, among other things, “I’ll be heading over there soon […] God help you and your dysfunctional family if you try and stop me. I won’t be alone either just so you know and that’s for your safety NOT MINE!!! […] If you don’t believe me just look where I’m sending this from. I don’t really have much else to lose, and do you know what men with nothing left to lose usually do?”
Acting United States Attorney Joshua S. Levy and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Timothy H. Kistner of Levy’s National Security Unit prosecuted the case.
First Assistant U.S. Attorney Joshua S. Levy to Serve as Acting U.S. AttorneyRead the Press Release
BOSTON – Rachael S. Rollins resigned today as United States Attorney for the District of Massachusetts. In accordance with the Federal Vacancies Reform Act, First Assistant U.S. Attorney Joshua S. Levy has assumed the role of Acting U.S. Attorney.
Mr. Levy joined the U.S. Attorney’s Office with over 25 years of legal experience and has served as First Assistant United States Attorney since January 2022. Mr. Levy was an Assistant U.S. Attorney for the District of Massachusetts, from 1997 to 2004, serving in the Criminal Division’s Economic Crimes Unit. There, he prosecuted a wide range of white-collar crimes including health care fraud, securities and investor fraud, terrorism financing and environmental crimes.
Missing Marksmanship Medals Returned to Springfield Armory National Historic SiteRead the Press Release
BOSTON – Earlier today, the United States Attorney’s Office for the District of Massachusetts, the Boston Division of the Federal Bureau of Investigation and the National Park Service held a ceremony to mark the return of the late-19th century marksmanship medals that went missing from the Springfield Armory, a national historic site located in Springfield, Mass., in the 1990s.
“The medals you see before you are a part of Massachusetts history that should be preserved for the benefit of the public. Today, we return the 24 marksmanship medals that were unlawfully removed from the Springfield Armory many years ago,” said United States Attorney Rachael S. Rollins. “This recovery would not have been possible without the efforts between the FBI, the National Park Service, and my office’s Asset Recovery Unit – whose collaboration is an example of our commitment toward the protection and preservation of our Commonwealth’s history. We are proud to say that these artifacts have returned to their rightful home.”
“As we return these treasured medals, we do so with the purpose of preserving history. Their absence represented not just a physical and financial loss, but a loss to every visitor who missed out on viewing these significant pieces of military history, and our nation’s heritage. The FBI is honored to be able to return them to their rightful owner,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Combating the theft and sale of stolen historical property is a top priority of the FBI’s art crime team, and we’re grateful for the partnerships in this case that allowed us to recover, protect, and preserve these historic artifacts.”
“Thanks to the efforts of federal law enforcement officers the National Park Service is happy to have these medals returned to their rightful owners, the American people,” said Kirsten Talken-Spaulding, Deputy Regional Director of the National Park Service. “These medals are returned to Springfield Armory, where federal employees have the expertise to preserve them for future generations to appreciate.”
The medals were awarded to Milan Bull and Freeman Bull, members of the Massachusetts Volunteer Militia in the late 1800s. The daughter and niece of Freeman Bull and Milan Bull donated the medals to the Springfield Armory in 1944.
In October 2021, a collector contacted Curator Alex MacKenzie at the Springfield Armory inquiring about the marksmanship medals. Based on the information provided by the collector, the Springfield Armory was able to determine that numerous items matching the collector’s items were missing from the Armory’s collection since the 1990s.
The Federal Bureau of Investigation subsequently seized the medals. It is a violation of federal law to embezzle, steal, purloin, or knowingly convert, or, without authority, to sell, convey or dispose of government property.
In July 2022, the United States Attorney’s Office for the District of Massachusetts filed a civil forfeiture action against the medals. A civil forfeiture action allows third parties to assert claims to property, which must be resolved before the property can be forfeited to the United States and returned to victims. After the conclusion of the forfeiture case, the Department of Justice granted the National Park Service’s petition for remission to return the medals.
U.S. Attorney Rollins, FBI SAC Bonavolonta and NPS Deputy Regional Director Talken-Spauling made the announcement today. The civil forfeiture action was prosecuted by Assistant U.S. Attorney Carol E. Head, Chief of Rollins’ Asset Recovery Unit.
ABOUT THE PARK: Springfield Armory National Historic Site is the location of the nation’s first armory (1794 – 1968) and was established by George Washington. The site includes historic grounds, buildings, and the world’s largest historic American military firearms collection. For updates and further information call 413-734-8551, check the website at https://www.nps.gov/spar/index.htm or go to https://www.facebook.com/SPARNHS/.
Former Bosnian Prison Camp Supervisor Charged with Decades-Long Scheme to Conceal Wartime PersecutionRead the Press Release
BOSTON – A Swampscott man was arrested and charged today for allegedly making fraudulent claims of persecution to become a United States refugee and, later, a United States citizen.
Kemal Mrndzic, 50, was charged with falsifying, concealing, and covering up a material fact from the U.S. government by trick, scheme, or device; using a fraudulently obtained U.S. passport; and possessing and using a fraudulently obtained naturalization certificate and fraudulently obtained Social Security card. Mrndzic was arrested this morning and, following an initial appearance in federal court in Boston this afternoon before Chief Magistrate Judge M. Page Kelley, was released on a $30,000 cash bond.
According to the complaint affidavit, Mrndzic served as a supervisor of the guards at a notorious prison camp in Bosnia and Herzegovina during the sectarian war which fractured the country in the 1990s. The United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) found that guards at the Celebici prison camp had committed numerous murders, rapes, and had engaged in torture and other forms of persecution of Serb prisoners held at the camp. Three of Mrndzic’s fellow guards were convicted by the ICTY after a trial in the Hague at which survivors testified to the harrowing prison camp conditions. According to the complaint, numerous survivors have since identified Mrndzic as being involved in the beatings and other abuses committed there.
According to court documents, after the war ended, investigators from the ICTY interviewed Mrndzic in Sarajevo and allegedly accused him of being involved in the abuses at Celebici. Mrndzic subsequently concocted a scheme to flee the country by crossing the border into Croatia and allegedly applying as a refugee to the United States using a fabricated story. It is alleged that in his refugee application and interview, he falsely claimed that he fled his home after he was captured, interrogated and abused by Serb forces, and could not return home for fear of future persecution. He was admitted to the U.S. as a refugee in 1999, and ultimately became a naturalized U.S. citizen in 2009.
Celebici Camp survivors and family members who have information about the operation of the Camp, or have questions regarding this matter, should call the U.S. Attorney’s Office at 888-221-6023 or send an email to: usama.victimassistance@usdoj.gov. Please indicate if you would prefer to be contacted in English or Serbo-Croatian.Bivši logoraši koji su bili u logoru u Čelebićima ili članovi njihovih porodica koji imaju informacije o logoru ili pitanje o ovom predmetu, mogu nazvati Jedinice za pomoć žrtаva kod kancelarije federalnog tužioca tel. 888-221-6023 ili putem e-mailom: usama.victimassistance@usdoj.gov. Molim obavjestite nas ako želite da mi vas kontaktiramo na engleskom ili na srpskom-hrvatskom-bosanskom jeziku.
Бивши логораши који су били у логору Челебићима или чланови њихових породица који имају информације о логору или питање о овом предмету, могу назвати Јединице за помоћ жртава код канцеларије федералног тужиоца тел. 888-221-6023 или путем е-маилом: usama.victimassistance@usdoj.gov. Молим обавјестите нас ако желите да ми вас контактирамо на енгелеском или на српском-хрватском босанском језику.
The use of a fraudulently obtained passport and fraudulently obtained naturalization certificate charges each provide for a sentence of up to 10 years in prison, followed by three years of supervised release and a $250,000 fine. On each of the two remaining charges, the maximum sentence under the statutes is five years in prison, followed by three years of supervised release and a $250,000 fine. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The ICTY judgment which provides a detailed recitation of crimes committed at Celebici can be found here.
United States Attorney Rachael S. Rollins; Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England; Sharon B. MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; and Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office made the announcement today. This matter was investigated with the assistance of the United States Interagency Human Rights Violators & War Crimes Center. The Swampscott Police Department also provided important assistance. Assistant U.S. Attorneys John T. McNeil and Jason A. Casey of Rollins’ National Security Unit are prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Massachusetts Man Indicted for Acting as an Illegal Agent of the People’s Republic of ChinaRead the Press Release
A Massachusetts man was arrested on May 9 for allegedly acting as an agent of the People’s Republic of China (PRC) without providing notification to the U.S. Attorney General.
Litang Liang, 63, of Brighton, was indicted on one count of acting as an agent of a foreign government without providing notification to the U.S. Attorney General and one count of conspiracy to act as an agent of a foreign government without providing notification to the U.S. Attorney General.
“We will not tolerate the PRC’s efforts to interfere with public discourse and threaten civic participation in the United States,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This case demonstrates, once again, the lengths that the PRC government, including its Ministry of Public Security, will go to target people in the U.S. who exercise their rights to speak out against the PRC.”
“The Department of Justice will protect these individual rights and protect our country against those who seek to unlawfully act on behalf of foreign governments while within our borders,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “We allege that Mr. Liang engaged in a series of acts on behalf of the PRC government including providing information on Boston-area residents, organizations and dissidents to PRC government officials – potentially placing people at risk here in Massachusetts and abroad. Attempts to repress constitutionally protected rights here in the United States will never be tolerated. Anyone who infringes upon those rights on American soil will be identified and held to account.”
“The United States requires agents of foreign countries to register with our government, and for good reason – in such cases, those agents often act against the interests of the United States,” said Assistant Director Suzanne Turner of the FBI Counterintelligence Division. “The FBI is not going to stand by and allow undeclared agents of the People’s Republic of China to operate in our country unchecked. We will continue to steadfastly enforce the law of the land, uncovering these efforts and holding accountable all those who work with foreign governments to violate our laws.”
According to the charging documents, from in or around 2018 through at least 2022, Liang acted within the United States as an agent of the PRC government by allegedly providing PRC government officials with information on Boston-area individuals and organizations; organizing a counter-protest against pro-democracy dissidents; providing photographs of and information about dissidents to PRC government officials; and providing the names of potential recruits to the PRC’s Ministry of Public Security. At no point did Liang notify the U.S. Attorney General that he was acting as a PRC government agent.
Specifically, beginning in or around 2018, Liang allegedly provided information about Chinese individuals and organizations in the Boston area to PRC government officials – including PRC officials formerly in the United States, the Ministry of Public Security, and the United Front Work Department, an entity which reports directly to the Central Committee of the Chinese Communist Party (CCP) and works to further the CCP’s goals.
It is alleged that Liang provided PRC government officials with information regarding members and leaders of Boston-area, Chinese family associations and community organizations with pro-Taiwan leanings. Additionally, it is alleged that Liang sent information regarding anti-PRC dissidents to PRC officials including: identification of an individual he accused of having “sabotaged” PRC flags in Boston’s Chinatown in October 2018; video of a dissident attending the “Boston Stands with Hong Kong” march in August 2019; and photographs of anti-PRC dissidents in front of the Boston Public Library in September 2019.
The charge of acting as an agent of a foreign government without providing notification to the U.S. Attorney General provides for a sentence of up to 10 years in prison, three years supervised release, and a fine of up to $250,000. The charge of conspiracy to act as an agent of a foreign government without providing notification to the U.S. Attorney General provides for a sentence of up to five years in prison, three years 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 statutes which govern the determination of a sentence in a criminal case.
Assistant U.S. Attorney Timothy H. Kistner for the District of Massachusetts is prosecuting the case. Valuable assistance was provided by Trial Attorney Elizabeth Abraham of the Justice Department’s Counterintelligence and Export Control Section.
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.
Massachusetts Dentist Sentenced for Embezzling over $1.2 Million and Defrauding the GovernmentRead the Press Release
BOSTON – A Massachusetts dentist was sentenced today for embezzling over $1.2 million from his employer and fraudulently obtaining government benefits in his employer’s name.
Jack Massarsky, 65, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to two years in prison and three years of supervised release. Massarsky also paid more than $1.2 million in restitution prior to sentencing. On Jan. 25, 2023, Massarsky pleaded guilty to one count of mail fraud and one count of wire fraud.
Between 2015 and 2021, Massarsky worked as a dentist and bookkeeper for a general dentistry practice in Massachusetts. In 2015, Massarsky opened a secret bank account in the name of the dentistry practice. Massarsky then intercepted insurance reimbursement checks sent to the dentistry practice in the mail and deposited those checks in the secret bank account. He continued this practice for over five years and embezzled over $1.2 million. Massarsky used the stolen funds for personal and family expenses.
Additionally, Massarsky used the dentistry practice’s name to defraud the United States. In July 2020, he submitted a fraudulent application to the Health Resources and Services Administration Provider Relief Fund (HRSA PRF) in the name of the dentistry practice. The HRSA is an agency of the United States Department of Health and Human Services that provides health care to people who are geographically isolated or otherwise vulnerable. During the COVID-19 pandemic, the HRSA PRF provided economic assistance to qualifying healthcare providers, including certain dentistry practices. By submitting the fraudulent application to the HRSA PRF, Massarsky obtained over $52,000 in pandemic relief funds that were deposited in the secret bank account Massarsky had opened in the name of his employer.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance in the investigation was provided by the United States Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorney Christopher J. Markham of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.
Guatemalan Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Guatemalan man residing in Framingham has been sentenced in federal court in Boston for illegally reentering the United States after deportation.
Carmen Jimenez-Cruz, 42, was sentenced on May 11, 2023 by U.S. District Court Judge Angel Kelley to one year and one day in prison followed by one year of supervised release. Jimenez-Cruz will be subject to deportation proceedings upon completion of his sentence. On Jan. 24, 2023, Jimenez-Cruz pleaded guilty to illegal reentry.
In May 2013, Jimenez-Cruz was encountered by federal immigration authorities after he illegally crossed the Mexican border into Texas without being admitted by an immigration officer. He was removed from the United States in June 2013. One month after his removal, Jimenez-Cruz illegally reentered the United States and, in July 2013, he was again encountered by federal immigration authorities in Texas after having entered the United States without inspection. He was removed from the United States shortly thereafter in July 2013.
On an unknown date and place, Jimenez-Cruz illegally reentered the United States again. In April 2019, federal immigration authorities located Jimenez-Cruz at the Middlesex County House of Correction where he was being held pretrial on unrelated state charges. According to court records, in May 2022, Jimenez-Cruz was convicted of strangulation/suffocation and assault and battery on a family/household member and was sentenced to an 11-month split sentence followed by probation until May 2023. Upon completion of his sentence, Jimenez-Cruz was released from state prison.
Jimenez-Cruz was later located in September 2022 after being identified as a passenger during a motor vehicle stop in Framingham. Jimenez-Cruz was taken into custody and fingerprints obtained during his booking process were confirmed as an identical match to a prior removal verification document.
United States Attorney Rachael S. Rollins; Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and Framingham Police Chief Lester Baker made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ Major Crimes Unit is prosecuted the case.Massachusetts Man Indicted for Acting as an Illegal Agent of the People's Republic of ChinaRead the Press Release
BOSTON – A Massachusetts man was arrested on May 9 for allegedly acting as an agent of the People’s Republic of China (PRC) without providing notification to the U.S. Attorney General.
Litang Liang, 63, of Brighton, was indicted on one count of acting as an agent of a foreign government without providing notification to the U.S. Attorney General and one count of conspiracy to act as an agent of a foreign government without providing notification to the U.S. Attorney General.
According to the charging documents, from in or around 2018 through at least 2022, Liang acted within the United States as an agent of the PRC government by allegedly providing PRC government officials with information on Boston-area individuals and organizations; organizing a counter-protest against pro-democracy dissidents; providing photographs of and information about dissidents to PRC government officials; and providing the names of potential recruits to the PRC’s Ministry of Public Security. At no point did Liang notify the U.S. Attorney General that he was acting as a PRC government agent.
Specifically, beginning in or around 2018, Liang allegedly provided information about Chinese individuals and organizations in the Boston area to PRC government officials – including PRC officials formerly in the United States, the Ministry of Public Security, and the United Front Work Department, an entity which reports directly to the Central Committee of the Chinese Communist Party (CCP) and works to further the CCP’s goals.
It is alleged that Liang provided PRC government officials with information regarding members and leaders of Boston-area, Chinese family associations and community organizations with pro-Taiwan leanings. Additionally, it is alleged that Liang sent information regarding anti-PRC dissidents to PRC officials including: identification of an individual he accused of having “sabotaged” PRC flags in Boston’s Chinatown in October 2018; video of a dissident attending the “Boston Stands with Hong Kong” march in August 2019; and photographs of anti-PRC dissidents in front of the Boston Public Library in September 2019.
The charge of acting as an agent of a foreign government without providing notification to the U.S. Attorney General provides for a sentence of up to 10 years in prison, three years supervised release, and a fine of up to $250,000. The charge of conspiracy to act as an agent of a foreign government without providing notification to the U.S. Attorney General provides for a sentence of up to five years in prison, three years 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 statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division; Assistant Director Suzanne Turner of the FBI Counterintelligence Division; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Timothy H. Kistner for the District of Massachusetts is prosecuting the case. Valuable assistance was provided by Trial Attorney Elizabeth Abraham of the Justice Department’s Counterintelligence and Export Control Section.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Boston Woman Arrested for Failing to Surrender to Serve Federal SentenceRead the Press Release
BOSTON – A former Boston woman who was sentenced to federal prison in 2021 has been arrested for allegedly failing to surrender to serve her sentence.
Yris Sanchez, 51, was indicted by a federal grand jury in April 2022 for failing to appear to serve a federal sentence and was arrested in Laredo, Texas on March 18, 2023. Following an initial appearance in federal court in Boston today, Sanchez was held pending further court proceedings on this charge and until she serves her prior sentence.
According to court documents, Sanchez used the name and Social Security number of a U.S. citizen to apply for and use various U.S. passports and at least one Massachusetts Real ID driver’s license. Sanchez also used this person’s identifiers to apply for and use accounts with various banks, including Citizens Bank and Santander. In addition, Sanchez also used a different identity to obtain another U.S. Passport. Sanchez has previously been arrested under multiple identities.
In May 2020, Sanchez was convicted of misusing a passport and was sentenced to 15 months of prison. Because of the COVID-19 pandemic, Sanchez requested release on conditions and to self-report to serve her sentence. The Court granted this request and released Sanchez on an appearance bond. It is alleged that, following several extensions of her self-report date, Sanchez failed to surrender to the Bureau of Prisons in June 2021 to serve her sentence. In July 2021, the Court forfeited Sanchez’s secured appearance bond and entered a further default judgment of $47,500 against Sanchez.
The charge of failure to surrender provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. Any sentence on this charge will be served consecutively to the sentence imposed on her prior case. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Brian Kyes, U.S. Marshal for the District of Massachusetts; and Jonathan Davidson, Special Agent in Charge of U.S. Department of State’s Diplomatic Security Service, Boston Field Office made the announcement today. Assistant U.S. Attorney William F. Abely, Chief of Rollins’ Criminal Division, 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.
Concord Man Sentenced for Defrauding InvestorRead the Press Release
BOSTON – A Concord man was sentenced today in federal court in Boston for defrauding an investor of $72,000.
Eric Lyons, 52, was sentenced by U.S. District Court Judge Angel Kelley to six months of home confinement and 100 hours of community service. Lyons was also ordered to pay $72,000 in restitution and placed on probation for two years during which he is prohibited from working as an investment advisor. On Nov. 2, 2022, Lyons pleaded guilty to one count of investment advisor fraud.
Between 2015 and 2017, Lyons participated in the operation of multiple investment funds, including the Synchrony Value Fund LP. Lyons defrauded an investor by allowing for the distribution of that investor’s gains, as well as a portion of their underlying investment, to other investors. The defrauded investor eventually liquidated their position in the fund, receiving approximately $72,000 less than the amount to which they were entitled.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation Boston Division made the announcement. Assistant U.S. Attorney Christopher J. Markham of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.