District of Massachusetts

BOSTON – A Springfield woman pleaded guilty in federal court in Springfield on Dec. 16, 2022 to reselling stolen goods on eBay and money laundering. 

Mimi Mai, 49, pleaded guilty to one count of interstate transportation of stolen goods, four counts of money laundering, and two counts of engaging in monetary transactions in property derived from specified unlawful activity. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for April 7, 2023. 

Mai owned and operated a pawn shop in Holyoke, Mass., called EZ Exchange.  Mai purchased stolen goods from people she knew had stolen the items and resold them on eBay at a price well above what she had paid the sellers. The stolen goods included a variety of household goods, including power tools, electronic devices, sunglasses, and beauty and personal care products. Between 2018 and 2021, Mai earned more than $2.1 million from the sale of items she had listed for sale as “new” on eBay. Mai then used her eBay earnings to buy property in Florida. 

The charges of interstate transportation of stolen goods and engaging in monetary transactions in property derived from specified unlawful activity provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of money laundering provides for a sentence of at least 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 other statutory factors.

United States Attorney Rachael S. Rollins; Joleen D. Simpson, Special Agent in Charge of Internal Revenue Service’s Criminal Investigations in Boston; and Holyoke Police Chief David Pratt made the announcement today. Assistance was provided by the Springfield Police Department, New England State Police Information Network and investigators from Home Depot, CVS, Target and Stop & Shop. The case is being prosecuted by Assistant U.S. Attorney Catherine Curley of Rollins’ Springfield Branch Office.

BOSTON – A Manchester, N.H., man pleaded guilty yesterday to possessing fentanyl with intent to distribute. 

Michael Warner, 30, pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Indira Talwani scheduled sentencing for March 15, 2023. 

In August 2020, Warner was observed leaving a known drug source location in Lawrence. Once on the highway, agents stopped Warner, who admitted to buying 70 grams of fentanyl, an amount consistent with narcotics distribution.  

The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. 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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Assistant U.S. Attorney Philip C. Cheng of Rollins’ Organized Crime and Gang Unit is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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.

BOSTON – A federal jury in Boston has convicted a senior correctional officer at FMC Devens of injuring an inmate following a five-day trial.  

Seth M. Bourget, 42, of Woodstock, Conn., a Senior Correctional Officer at U.S. Bureau Prisons Federal Medical Center in Devens (FMC Devens), was convicted of one count of deprivation of civil rights under color of law. U.S. District Court Judge Denise J. Casper scheduled sentencing for April 5, 2023. Bourget was arrested and charged in February 2020. 

“When Mr. Bourget took an oath to become a law enforcement officer, he swore to serve and protect. He violated that oath when he violently struck a mentally impaired and handcuffed inmate,” said United States Attorney Rachael S. Rollins. “When members of law enforcement demonstrate such poor judgment and gross misconduct, they undermine the exceptional work the vast majority of their colleagues do every day. Wearing a badge is an honor and comes with enormous responsibility. Mr. Bourget’s conduct fell so far below that standard he is now a convicted felon. We thank the jury for their verdict. The victim in this case sustained significant physical injuries and required 12 staples to close a gash Mr. Bourget caused to the back of his skull. Today’s conviction is for him.” 

“We entrust Correctional Officers with great authority and responsibility. Bourget abused his power and assaulted an inmate using excessive force. Today, the jury held him accountable for his misconduct,” said Ryan T. Geach, Special Agent in Charge of the Department of Justice Office of the Inspector General New York Field Office.

“Today’s verdict shows that corrections officers like Seth Bourget who break the law, violate their oath, deprive an inmate of their civil rights, and then try to cover it up will be held accountable for their disgraceful conduct,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Most corrections officers are good and honest public servants doing an enormously challenging and important job, but the FBI will not hesitate to pursue those who violate the civil rights of their prisoners because no one is above the law.”

According to evidence presented at trial, on or about June 18, 2019, Bourget struck a handcuffed inmate suffering from severe mental illness with a large protective shield with excessive force, causing serious head injuries.

The charge of willful deprivation of civil rights under color of law provides for a sentence of up to 10 years in prison, two 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.

U.S. Attorney Rollins, DOJ-OIG SAC Geach and FBI Boston SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys Neil J. Gallagher, Jr. of Rollins’ Public Corruption Unit and Torey B. Cummings of Rollins’ Civil Rights & Human Trafficking Unit are prosecuting the case.

BOSTON – A Brookline sleep medicine physician has been indicted by a federal grand jury in Boston for his alleged role in a health care fraud scheme.  

Dr. Pankaj Merchia, 49, of Brookline and Boca Raton, Fla., was indicted on three counts of money laundering and one count of health care fraud. Merchia self-surrendered this morning and will appear in federal court in Boston today at 3 p.m. before U.S. District Court Magistrate Judge Jennifer C. Boal.

According to the indictment, Merchia perpetrated two distinct health care fraud schemes. Specifically, Merchia allegedly billed former patients’ insurance companies for monthly rentals of Continuous Positive Airway Pressure (CPAP) and Bilevel Positive Airway Pressure (BiPap) machines years after the former patients had discontinued their use of the machines and/or returned the machines to Merchia’s office. It is alleged that Merchia used the proceeds of this fraud to purchase an expensive home in Brookline. Additionally, Merchia allegedly billed the insurance company of a family member over $400,000 for a monthly rental of a CPAP machine, despite knowing that the insurance carrier would not pay for treatment rendered by a family member. It is alleged that Merchia used the proceeds of this fraud to fund a wire transfer of $250,000 and to purchase at least $140,000 in securities.  

The charges of money laundering and health care fraud provide 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.

United States Attorney Rachael S. Rollins; Joleen Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Anthony M. DiPaolo, Executive Director of the Insurance Fraud Bureau of Massachusetts made the announcement today. Assistant U.S. Attorneys Lauren A. Graber of Rollins’ Health Care Fraud Unit and Evan D. Panich of Rollins’ Narcotics & Money Laundering Unit are prosecuting the case.   

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

BOSTON – A Quincy man has been sentenced for drug trafficking offenses in connection with conspiring to distribute and possess, and possessing with intent to distribute, over a kilogram of fentanyl, including counterfeit fentanyl pills.

Damian Cortez, 34, was sentenced on Dec. 15, 2022 by U.S. District Court Judge Leo T. Sorokin to eight years in prison and three years of supervised release. On June 23, 2022, Cortez pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute controlled substances and one count of possession with intent to distribute fentanyl.

Cortez is one of 10 defendants indicted together in June 2020 as part of a broader federal sweep targeting numerous NOB street gang members and associates in which 31 total defendants were charged. All of Cortez’s co-defendants have pleaded guilty to various charges and are scheduled to be sentenced in the upcoming months.  

According to court documents, NOB – an abbreviation for the Norton/Olney/Barry streets in Dorchester – is a violent criminal enterprise whose members and associates are involved in numerous types of criminal activities throughout Massachusetts, including murders, attempted murders, armed robberies, drug trafficking, sex trafficking and illegal firearms offenses. Numerous contraband items including 11 firearms, over one kilogram of fentanyl (including over 2,000 fentanyl pills manufactured to appear as commercial oxycodone pills), a commercial pill press, over 15 pounds of marijuana and approximately $36,000 in cash were recovered during the investigation.

Cortez was a significant fentanyl trafficker and NOB member/associate who supplied drugs to and supported various crimes on behalf of the gang.  On June 16, 2020, a search of an apartment where Cortez was residing resulted in the seizure of a commercial pill press, dyes, cutting agent, and over a kilogram of fentanyl, some of which was pressed into pills manufactured to appear as pharmaceutical-grade oxycodone pills, among other drug trafficking paraphernalia.  

First Assistant United States Attorney Joshua S. Levy; Boston Police Commissioner Michael Cox; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Bryan Kyes, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; New Bedford Police Chief Joseph C. Cordeiro; Quincy Police Chief Paul Keenan; Randolph Police Chief Anthony Marag; Brockton Police Chief Brenda Perez; Stoughton Police Chief Donna McNamara; Suffolk County District Attorney Kevin Hayden; Suffolk County Sheriff Steven W. Tompkins; Plymouth County Sheriff Joseph D. McDonald, Jr.; Bristol County District Attorney Thomas M. Quinn III; and Norfolk County Sheriff Patrick W. McDermott made the announcement. Assistant U.S. Attorneys Michael Crowley and Sarah Hoefle of the Organized Crime & Gang Unit prosecuted the case. 

BOSTON – A repeat convicted felon has been indicted by a federal grand jury for allegedly possessing a firearm, multiple rounds of ammunition and fentanyl intended for distribution while on federal supervised release. 

Francisco Gabriel Diaz, 32, of Boston, was indicted on one count of possession with intent to distribute 40 grams or more of fentanyl, one count of being a felon in possession of a firearm and ammunition and one count of possession of a firearm in furtherance of a drug trafficking offense. Diaz was charged by criminal complaint in December 2021. 

According to the charging documents, on June 24, 2021, a search of the residence where Diaz was staying resulted in the recovery of a black Taurus G2S 9mm firearm, a 9mm magazine containing seven live 9mm rounds, a 9mm magazine containing one live 9mm round, over 40 grams of fentanyl, several plastic bags containing crack cocaine, a box of sandwich bags and a digital scale. Diaz is prohibited from possessing a firearm due to prior felony convictions, including an October 2017 conviction for possession with intent to distribute a Class B Substance. Diaz was on federal supervised release at the time of the search. 

The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. The charge of being a felon in possession of a firearm and 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 offense provides for a sentence of at least five years and up to life in prison 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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement today. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Boston Police Department. Assistant U.S. Attorney Benjamin A. Saltzman of Rollins’ Criminal Division is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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.

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

BOSTON – A Bronx man has been arrested for travelling to the Worcester area to distribute approximately one kilogram of fentanyl. 

Jose Luis Lopez Genao, 30, of Bronx, N.Y., was charged with one count of distribution of and possession with the intent to distribute fentanyl. Genao was arrested on Dec. 8, 2022 and, following an initial appearance in federal court in Springfield before U.S. District Court Magistrate Judge Katherine A. Robertson, was detained pending a hearing set for Dec. 20, 2022. 

According to the charging document, Genao travelled from New York to the Worcester area to deliver approximately one kilogram of fentanyl. Genao was arrested on site and the kilogram of fentanyl was seized by law enforcement. 

The charge of distribution of and possession with the 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 released, 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.

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 today. The investigation was led by the FBI with its law enforcement partners including members of the OCDETF Strike Force and Western Massachusetts Gang Task Force. Valuable assistance was provided by the Easthampton Police Department and the Hampden and Berkshire County Sheriff's Offices. Assistant U.S. Attorneys Michael Mazur and Neil L. Desroches of Rollins’ Springfield Branch Unit are prosecuting 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.

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

BOSTON – A Taunton man pleaded guilty yesterday in federal court in Boston to dealing firearms without license, including “ghost guns.” 

William Viera, 33, pleaded guilty to dealing in firearms without a license. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 9, 2023. Viera was arrested and charged on April 18, 2022.

“Ghost guns are even more dangerous than firearms assembled by a licensed manufacturer. Although each are deadly and can kill someone, the PMF rarely has a serial number and is virtually untraceable. Often, people use them in an attempt to hide their criminal activity because the origin and use of the firearm is unknown,” said United States Attorney Rachael S. Rollins.

“Prohibited persons who not only have direct access to firearms, but illegally manufacture firearms for other prohibited individuals is a significant threat to our community,” said James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. “ATF is committed to identifying these individuals and bringing them to justice.”   

Beginning in or around April 2022, Viera was identified as an illegal firearms dealer and ghost gun manufacturer. “Ghost guns,” or privately made firearms (PMFs), are firearms assembled or otherwise produced by a person other than a licensed manufacturer, often without a serial number. In April 2022, through the use of a cooperating witness, Viera was contacted about available firearms. During his communications, Viera stated he could manufacture PMFs, including a Glock-style PMF and an AR platform rifle or pistol receiver. Viera also made completed firearms from unfinished firearms kits and sold the completed firearms to other individuals. The cooperating witness subsequently met with Viera at his residence on multiple occasions, where Viera was observed in possession of a Glock-style PMF. Between July 15, 2022, and Aug. 8, 2022, Viera sold three Glock style PMFs and ammunition to the cooperating witness during three separate controlled purchases. Additionally, a search of Viera’s residence on Aug. 18, 2022, resulted in the recovery of one commercially manufactured AR platform firearm and two finished PMFs, as well as ammunition and parts and tools used for firearm making, among other things.

Viera does not possess a federal firearms license and is prohibited from possessing any firearms or ammunition due to prior felony convictions, including a 2012 conviction in Bristol County of armed robbery for which he was sentenced to two to five years in prison. 

The charge of dealing in firearms without a license provides for a sentence of up to 5 years in prison, up to three years of supervised release and a fine of $ 250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

U.S. Attorney Rollins and ATF SAC Ferguson made the announcement. Valuable assistance was provided by the Taunton Police Department. Assistant U.S. Attorney Charles Dell’Anno of Rollins’ Major Crimes Unit is prosecuting the case. 

BOSTON – A California attorney pleaded guilty yesterday in federal court in Boston in connection with the illegal sale of over $1.3 million worth of unregistered shares of a Massachusetts-based health care company. 

Daniel V. Martinez, 63, of Yuba City, Calif., pleaded guilty to one count of sale of unregistered securities. U.S. District Court Judge Patti B. Saris scheduled sentencing for April 13, 2023. Martinez was charged by an Information on Sept. 30, 2022.

Between 2013 and 2016, Martinez served as a real-estate attorney for Avtar Singh Dhillon, who was then chairman of the Massachusetts-based biotechnology company, Arch Therapeutics, Inc. Dhillon and Martinez placed 2.75 million Arch Therapeutics shares that Dhillon beneficially owned into a limited liability company that Martinez created and for which Martinez was the sole manager. At Dhillon’s direction, Martinez then sold the shares in the open market without a valid exemption under the relevant securities laws and distributed the approximately $1.34 million in proceeds. Martinez distributed the proceeds primarily to third parties for Dhillon’s benefit, taking a small portion directly for himself. 

On Dec. 8, 2022, Dhillon pleaded guilty to one count of willful failure to disclose stock sales, one count of aiding and abetting the sale of unregistered securities, and one count of touting compensation nondisclosure conspiracy before U.S. Senior District Court Judge Douglas P. Woodlock, who scheduled sentencing for April 18, 2023.

The charge of sale of unregistered securities provides for a sentence up to five years in prison, three years of supervised release and a fine of $10,000. 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 and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office made the announcement. Valuable assistance was provided by SEC’s headquarters and Boston regional office. Assistant U.S. Attorney James R. Drabick of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.

BOSTON – A federal grand jury returned an indictment today charging a Texas man with threatening a Boston doctor because the doctor provided care for members of the transgender community.

Matthew Jordan Lindner, 38, of Comfort, Texas, was charged with interstate transmission of threatening communication, and selecting the victim because of the gender identity of persons for whom the victim provided medical care. Lindner was arrested on Dec. 2 and subsequently released on bond by a U.S. Magistrate Judge in San Antonio. He will appear in federal court in Boston on Dec. 22 before U.S. District Court Magistrate Judge Donald L. Cabell.

According to the indictment, in August 2022, inaccurate information spread online regarding procedures at Boston Children’s Hospital for gender nonconforming children. It is alleged that on Aug. 31, 2022, Lindner called the Boston-based National LGBTQIA+ Health Education Center and left a threatening voicemail targeting one of the Center’s affiliated doctors. In that voicemail, Lindner allegedly said: “You sick motherf*****s, you’re all gonna burn. There’s a group of people on their way to handle [victim]. You signed your own warrant, [victim]. Castrating our children. You’ve woken up enough people. And upset enough of us. And you signed your own ticket. Sleep well, you f******, c***.”

In August 2022, U.S. Attorney Rollins announced the creation of the “End Hate Now” hotline – 1-83-END-H8-NOW (1-833-634-8669) – for reporting hate-based incidents or potential criminal activity. Massachusetts residents and visitors are encouraged to call the hotline to report concerning or troubling incidents of hate, potential hate crimes, or concerns regarding individuals believed to be espousing the hate-filled views or actions we learn of far too often in the wake of mass shootings and/or acts of hate-based violent extremism. Callers are encouraged to leave their contact information but may remain anonymous. At this time, the hotline is available in English, Spanish, Cantonese and French.

The charge of interstate transmission of threatening communication 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. 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.

U.S. Attorney Rachael A. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Brian A. Fogerty of Rollins’ Human Trafficking & Civil Rights Unit is prosecuting the case.

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

BOSTON – A Saugus woman was sentenced today in federal court in Boston for her role in a large-scale drug trafficking organization that manufactured and distributed hundreds of thousands of counterfeit Percocet pills containing fentanyl.

Nicole Benton, 46, was sentenced by U.S. District Court Judge Allison Burroughs to two years in prison and three years of supervised. In September 2021, Benton pleaded guilty to conspiracy to manufacture, distribute and possess with intent to distribute fentanyl and other controlled substances and possessing a firearm in furtherance of a drug trafficking conspiracy. 

Benton was arrested and charged by criminal complaint in June 2021 along with co-conspirators Vincent Caruso, Laurie Caruso and Ernest Johnson, as part of an investigation that began in 2020 in response to an increased number of shootings in communities north of Boston by street gangs whose violence was fueled by drug distribution.

Benton was a lower-level runner of a large drug trafficking organization (DTO) operated by Vincent Caruso, a self-admitted Crip gang member, that included Johnson and Vincent Caruso’s mother, Laurie Caruso, among others. The DTO sold counterfeit prescription pills containing fentanyl – produced using multiple large pill presses capable of generating thousands of pills per hour – to street gangs for further distribution on the North Shore of Massachusetts. A single counterfeit fentanyl pill allegedly retails between $10-$20, thereby generating millions of dollars in retails sales.

Benton distributed more than 100,000 pressed fentanyl pills on behalf of the organization. Based upon pills seized during the investigation, 100,000 pills would equate to more than 10 kilograms of fentanyl. During a search of Benton’s residence on June 30, 2021, approximately 40 grams of fentanyl pills and a firearm were seized.

In June 2022, Vincent Caruso was sentenced to 250 months (more than 20 years) in prison and five years of supervised release. Laurie Caruso was sentenced in June 2022 to nine years in prison and four years of supervised release. On May 20, 2022, Johnson pleaded guilty to one count of being a felon in possession of firearm and ammunition and is scheduled to be sentenced on Feb. 27, 2023.

First Assistant United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division; and Colonel Christopher Mason, Superintendent of the Massachusetts States Police made the announcement today. Assistance was provided by the Essex, Middlesex and Suffolk County District Attorneys’ Offices; Essex, Middlesex, Suffolk and Hancock (Maine) County Sheriffs’ Departments; U.S. Attorney’s Office for the District of Maine; Maine Drug Enforcement Agency; and the Boston, Cambridge, Chelsea, Danvers, Everett, Lynn, Malden, Salem, Saugus, Somerville, Revere, Bolton (Maine), Bangor (Maine), Portland (Maine) and Westbrook (Maine) Police Departments. Assistant U.S. Attorney Philip A. Mallard of the 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.

A Massachusetts man was sentenced yesterday to 33 months in prison followed by two years of supervised release for a scheme to illegally export defense technical data to foreign nationals in Turkey in connection with the fraudulent manufacturing of parts and components used by the U.S. military, in violation of the Arms Export Control Act. The U.S. Department of Defense (DOD) later determined that some of the parts were substandard and unsuitable for use by the military.

On Aug. 10, 2022, Arif Ugur, 53, of Cambridge, pleaded guilty to two counts of wire fraud, two counts of violating the Arms Export Control Act and one count of conspiring to violate the Arms Export Control Act.

“The defendant willfully defrauded the Department of Defense and gave access to controlled defense information to individuals in a foreign country for personal gain,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This type of brazen disregard for our export control laws threatens our military readiness and technological advantage and will not be tolerated by this department.”

According to court documents, in 2015, Ugur, founded and was the sole managing partner of the Anatolia Group Limited Partnership (Anatolia), a domestic limited partnership registered in Massachusetts. Beginning in approximately July 2015, Ugur bid on and acquired numerous contracts to supply the DOD with various parts and components intended for use by the U.S. military. Many of these contracts required that the parts be manufactured in the United States. Both in bids submitted to DOD and in subsequent email communications with DOD representatives, Ugur falsely claimed that Anatolia was manufacturing the parts in the United States. In fact, Anatolia was a front company with no manufacturing facilities whatsoever. Unbeknownst to DOD, Ugur contracted with a company in Turkey to make the parts and then passed them off to DOD as if they had been manufactured by Anatolia in the United States. Because they had not been manufactured in the United States in accordance with the contacts, Ugur failed to allow DOD to inspect the parts prior to delivery to the U.S. military. Many of the parts were substandard and some could not be used at all.

To enable the Turkish company to manufacture the parts, Ugur shared technical specifications and drawings of the parts with his co-conspirators overseas, some of whom were employees of the Turkish company. Ugur also provided his overseas co-conspirators with access to DOD’s online library of technical specifications and drawings. Because of their military applications, many of these parts were designated as Defense Articles under the International Traffic in Arms Regulations (ITAR) and the United States Munitions List (USML). Thus, an export license was required to export the parts and related technical data (blueprints, specifications, etc.) from the United States to Turkey. Ugur knew of these restrictions, but nonetheless exported technical data controlled under the ITAR and USML to employees of the Turkish manufacturer without an export license.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division; U.S. Attorney Rachael S. Rollins for the District of Massachusetts; Special Agent in Charge Patrick J. Hegarty of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office; Special Agent in Charge Matthew B. Millhollin of Homeland Security Investigations in Boston; and Acting Special Agent in Charge Rashel Assouri of the U.S. Department of Commerce Office of Export Enforcement, Boston Field Office made the announcement.

Assistant U.S. Attorneys Jason A. Casey and Timothy H. Kistner for the District of Massachusetts prosecuted the case.

BOSTON – A Framingham man was arrested this morning in connection with operating an unlicensed money transmitting business.

Luiz DaSilva, 68, was indicted on one count of operating an unlicensed money transmitting business. DaSilva will appear in federal court in Boston at 3:30 p.m. this afternoon before U.S. District Court Magistrate Judge Judith G. Dein. 

According to the indictment, from in or about October 2018 through in or about October 2020, DaSilva failed to comply with the federal registration requirements for money transmitting businesses in operating his business, Mix Cell Phones, LLC.

The charge of operating an unlicensed money transmitting business 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. 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 D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Framingham Police Chief Lester Baker made announcement today. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.

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

BOSTON – A Dorchester man was sentenced yesterday for racketeering (RICO) conspiracy stemming from his involvement in the Boston-based street gang, NOB. 

Darius Bass, a/k/a “Tre” or “Trigga Tre,” 28, was sentenced by U.S. District Court Judge Leo T. Sorokin to 12 years in prison and three years of supervised release. On June 3, 2022, Bass pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity, commonly known as RICO conspiracy.

Bass is one of 10 defendants indicted together in June 2020, as part of a broader federal sweep targeting numerous NOB street gang members and associates in which 31 total defendants were charged. All of Bass’ co-defendants have pleaded guilty to various charges and are awaiting sentencing.  

According to court documents, NOB – an abbreviation for the Norton/Olney/Barry streets in Dorchester – is a violent criminal enterprise whose members and associates are involved in numerous types of criminal activities throughout Massachusetts, including murders, attempted murders, armed robberies, drug trafficking, sex trafficking and illegal firearms offenses. During the investigation, numerous contraband items were seized including 11 firearms, over one kilogram of fentanyl (including over 2,000 fentanyl pills manufactured to appear as commercial oxycodone pills), a commercial pill press, over 15 pounds of marijuana and approximately $36,000 in cash.

Bass was an active, central and violent member of the NOB gang who personally committed, planned and supported various crimes on behalf of the gang. The Court determined that Bass was responsible for two attempted murders and took those into consideration at sentencing. Specifically, in October 2016, individuals exchanged gunfire on the University of Massachusetts at Dartmouth campus in a public parking lot near campus housing. Later, in January 2017, several shots were fired at a target’s residence in a residential neighborhood in Randolph.  

First Assistant United States Attorney Joshua S. Levy; Boston Police Commissioner Michael Cox; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Brian A. Kyes, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; New Bedford Police Chief Joseph C. Cordeiro; Quincy Police Chief Paul Keenan; Randolph Police Chief Anthony Marag; Brockton Police Chief Brenda Perez; Stoughton Police Chief Donna McNamara; Suffolk County District Attorney Kevin Hayden; Suffolk County Sheriff Steven W. Tompkins; Plymouth County Sheriff Joseph D. McDonald, Jr.; Bristol County District Attorney Thomas M. Quinn III; and Norfolk County Sheriff Patrick W. McDermott made the announcement today. Assistant U.S. Attorneys Michael Crowley and Sarah Hoefle of the Organized Crime & Gang Unit prosecuted the case. 

波士顿 – 伯克利音乐学院的一名中国留学生因涉嫌威胁和骚扰一名张贴支持中国民主传单的人而被逮捕并指控。

25岁的吴啸雷被指控一项跟踪缠扰罪，将于今天下午在波士顿联邦法院首次出庭。吴在伯克利音乐学院进修期间居于波士顿，今天下午三点将到联邦法院出庭。

起诉书指出，2022年10月22日，有人在伯克利音乐学院波士顿校园或附近张贴写着“与中国人民站在一起”、“我们要自由”和“我们要民主”的传单。据称，大约在2022年10月22日至2022年10月24日期间，吴通过微信、电邮和Instagram给发布传单的受害者发送了一系列信息，其中包括“再贴给你丫手剁了。”吴还告诉受害者，他已向中国公安机关举报了受害者的行为，中国公安机关将会“问候”受害者的家人。 吴还被指控招揽其他人查明受害者的住处，并公开发布受害者的电邮地址，希望其他人在网上骚扰受害者。

“司法部会永远捍卫言论自由和政治表达的权利。我们认为吴先生的威胁和骚扰行为并不是言论自由，相反，这些行为是企图压制和恐吓异议人士表达与中国不同的观点。”联邦检察官蕾切尔·罗林斯(Rachael S. Rollins) 表示。“我们不会容忍针对那些和平宣传想法、从事工作或表达意见的人士的威胁，骚扰或其他任何的镇压行为或企图。言论自由是美国的宪法权利，我们会不惜一切代价保护和捍卫这项权利。”

“今天，美国联邦调查局逮捕了吴啸雷,因为他屡次威胁和侵犯一名公开反对中国执政共产党的人士的权利。我们认为吴先生跟踪和骚扰受害者、并向中国执法部门举报受害者对民主自由的支持，可能导致受害者及其家人受到调查。被控的行为令人极其不安，同时亦完全违背了我们国家的民主价值观。”联邦调查局波士顿分局局长约瑟夫·博纳沃隆塔(Joseph R. Bonavolonta)声称。“此案还突出表明了联邦调查局一直致力于保护所有公民行使言论自由的权利。我们也努力将任何企图侵犯这项权利的人绳之以法。”

跟踪缠扰罪最高可判处五年监禁、三年监管释放，以及最高25万美元的罚款。判决由联邦地区法院法官依据美国管辖刑事案件的判决准则和法规作出。

美国检察官罗林斯和联邦调查局分局局长博纳沃隆塔(Bonavolonta)今天发布此公告。罗林斯下属国家安全科的美国助理检察官蒂蒙席·吉斯特纳（Timothy H. Kistner）负责起诉此案。

指控文件中的细节仅为指控，被告推定为无罪, 除非并直到在法庭上排除合理怀疑被证明有罪。

BOSTON – A Berklee College of Music student, who is citizen of the People’s Republic of China (PRC), has been arrested and charged with stalking in connection with threatening and harassing communications he allegedly made towards an individual who posted fliers in support of democracy in China.

Xiaolei Wu, 25, was charged with one count of stalking and will make an initial appearance in federal court in Boston this afternoon. Wu has lived in Boston while attending the Berklee College of Music. Wu will appear in federal court in Boston at 3 p.m. this afternoon.

According to the charging documents, on Oct. 22, 2022, an individual posted a flier on or near the Berklee College of Music campus in Boston which said, “Stand with Chinese People,” as well as, “We Want Freedom,” and “We Want Democracy.” It is alleged that, beginning on or about Oct. 22, 2022 and continuing until Oct. 24, 2022, Wu made a series of communications via WeChat, email and Instagram directed towards the victim who posted the flier. Among other things, Wu allegedly said, “Post more, I will chop your bastard hands off,.” He also allegedly told the victim that he had informed the public security agency in China about the victim’s actions and that the public security agency in China would “greet” the victim’s family. It is further alleged that Wu solicited others to find out where the victim was living and publicly posted the victim’s email address in the hopes that others would abuse the victim online. 

“The Department of Justice will always defend the right to engage in free speech and political expression. We allege that Mr. Wu’s threatening and harassing behavior was not free speech. Rather, it was an attempt to silence and intimidate the activist’s expressed views dissenting of the PRC,” said United States Attorney Rachael S. Rollins. “We will not tolerate threats, harassment or any other repression attempts against those peacefully promoting their ideas, doing their jobs, or expressing their opinions. Freedom of speech is a constitutional right here in the United States and we will protect and defend it at all costs.” 

“Today, the FBI arrested Xiaolei Wu for repeatedly threatening and infringing on the rights of a civic activist who spoke out against the ruling Communist Party of China. We believe Mr. Wu stalked, harassed, and reported the victim’s support for democracy to law enforcement in the People’s Republic of China so it would launch an investigation into the victim and her family. This alleged conduct is incredibly disturbing and goes completely against our country’s democratic values,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “This case also highlight’s the FBI’s ongoing commitment to protecting the exercise of free speech for all citizens and our efforts to bring to justice anyone who tries to infringe on those rights.”

The charge of stalking provides for a sentence up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Timothy H. Kistner of Rollins’ National Security Unit is prosecuting the case.

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

_____________________

For a translated version of this press release, please see the attachment below. 

BOSTON – A Methuen man was sentenced today in federal court in Boston for his involvement in a fentanyl distribution conspiracy.

Nino De Leon Guzman, a/k/a “Chino,” 31, was sentenced by U.S. District Court Judge Allison D. Burroughs to four years in prison and three years of supervised release. On Aug. 3, 2022, Guzman pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl, two counts of distribution of fentanyl, one count of distribution of 40 grams or more of fentanyl and one count of possession with intent to distribute 400 grams or more of fentanyl. 

From October 2020 through in or about June 2021, undercover agents purchased fentanyl from De Leon Guzman and his associated drug trafficking organization on nine separate occasions in the Lawrence and Methuen areas. At the time of his arrest on June 23, 2021, De Leon Guzman was found in possession of fentanyl packaged for distribution and the cell phone for fentanyl deals. A subsequent search of De Leon Guzman’s residence in Methuen resulted in the recovery of a kilogram brick of fentanyl, a blender containing multiple bags of fentanyl, a drug ledger, clothing he had worn in prior drug transactions and a sock in a nightstand containing $2,500 cash in drug proceeds.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement today. Assistant U.S. Attorney Lindsey E. Weinstein of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.

BOSTON – The former Director of Operations of the now-defunct New England Compounding Center (NECC) was sentenced yesterday in federal court in Boston for conspiring to defraud the Food and Drug Administration (FDA). In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections manufactured by NECC that were contaminated with preservative-free methylprednisolone acetate (MPA), and more than 100 patients died as a result. The outbreak was the largest public health crisis ever caused by a contaminated pharmaceutical drug.

Sharon Carter, 58, of Hopkinton, was sentenced by U.S. District Court Judge Richard G. Stearns to five months in prison and one year of supervised release. Carter was also ordered to pay a fine of $4,000. In December 2018, Carter was convicted following an eight-week jury trial of conspiracy to defraud the United States. 

“One may think that making misrepresentations or lying to federal regulators is a victimless crime. This case proves otherwise. In her role as Director of Operations, Ms. Carter conspired to deceive regulators into treating NECC as a lawfully operating pharmacy,” said United States Attorney Rachael S. Rollins. “The victims in this case – all trusting, innocent people – were simply seeking pain relief. Instead, those who survived were sentenced to a lifetime of anguish and trauma. This sentence speaks to my office’s ongoing commitment to the safety and protection of our residents in all areas of life and ensuring those who seek to do harm are held accountable.” 

“As NECC’s director of operations, Sharon Carter conspired with her colleagues to lie to federal regulators to perpetrate a massive fraud scheme that harmed hundreds of people across the country whose lives will never be the same. Our thoughts are with them as Ms. Carter is finally held responsible for her role in one of the worst public health crises in U.S. history,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “While she now heads to prison, rest assured the FBI, and our law enforcement partners will continue to work to bring others who like her, violate the law and put patients at risk to justice.”

“FDA depends upon truthful representations from regulated firms, especially in the area of high-risk drug compounding, in order to help protect consumers from potentially unsafe products,” said Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office. “We are grateful that those at NECC who violated this essential principle, including Ms. Carter, have been brought to justice.”

“Our nation’s veterans deserve the highest quality healthcare services, and this sentence demonstrates the VA OIG’s commitment to diligently investigating any potential criminal activity that could threaten the safety of VA’s patients,” said Special Agent in Charge Christopher Algieri with the Department of Veterans Affairs Office of Inspector General’s Northeast Field Office. “The VA OIG appreciates the support of the United States Attorney’s Office and our law enforcement partners for their efforts to achieve justice in this case.”

“This case demonstrates the commitment of the U.S. Postal Inspection Service to the safety and health of the American public,” said Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. “The U.S. Postal Inspection Service, along with our federal law enforcement partners, will continue to investigate and take action against those who take part in this type of atrocious behavior.”

The criminal investigation revealed that NECC pharmacists knowingly made and sold numerous drugs in an unsafe manner and in insanitary conditions. The investigation also revealed that NECC repeatedly misrepresented to the FDA and the Massachusetts Board of Registration in Pharmacy that NECC was operating as a pharmacy dispensing drugs only pursuant to patient-specific prescriptions, when, in reality, NECC was shipping drugs in bulk across the nation for over a decade, evading regulatory oversight through fraud and misrepresentation.  

As Director of Operations, Carter oversaw the processing and confirmation of drug orders received by NECC. Carter conspired with others to shield NECC’s operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. In fact, NECC routinely dispensed drugs in bulk without valid prescriptions. Carter directed employees to engage in numerous fraudulent prescription schemes to deceive regulators by creating the appearance that NECC had prescriptions for the drugs it was selling. 

Barry Cadden, former co-owner of NECC and head pharmacist, and Glenn Chin, NECC’s supervisory pharmacist, were both resentenced following the government’s successful appeals of their original sentences. On July 7, 2021, Cadden was resentenced to 174 months in prison and ordered to pay forfeiture of $1.4 million and restitution of $82 million. On July 21, 2021, Chin, NECC’s supervisory pharmacist, was resentenced to 126 months in prison and three years of supervised release. Chin was also ordered to pay forfeiture of approximately $473,584 and restitution in the amount of $82 million.

U.S. Attorney Rollins; FDA Commissioner Robert M. Califf, M.D.; FBI SAC Bonavolonta; FDA SAC McMillan; VA OIG SAC Algieri; DCI SAC Hegarty; and USPIS INC Larco-Ward made the announcement. Assistant U.S. Attorney Amanda P.M. Strachan, Chief of Rollins’ Criminal Division and Assistant U.S. Attorney Christopher R. Looney of Rollins’ Health Care Fraud Unit prosecuted the case.

BOSTON – A former Cambridge man was sentenced today in Boston for illegally exporting defense technical data to foreign nationals in Turkey in connection with the fraudulent manufacturing of parts and components used by the U.S. military. Some of the parts were later determined to be substandard and unsuitable for use by the military. 

Arif Ugur, 53, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 33 months months in prison and two years of supervised release. Pursuant to an order entered by Judge Gorton, Ugur, who is a U.S. lawful permanent resident from Turkey, agreed to return to Turkey upon completion of his sentence. On Aug. 10, 2022, Ugur pleaded guilty to two counts of wire fraud, two counts of violating the Arms Export Control Act and one count of conspiring to violate the Arms Export Control Act.

In 2015, Ugur, founded and was the sole managing partner of the Anatolia Group Limited Partnership (Anatolia), a domestic limited partnership registered in Massachusetts. Beginning in approximately July 2015, Ugur bid on and acquired numerous contracts to supply the U.S. Department of Defense (DOD) with various parts and components intended for use by the U.S. military. Many of these contracts required that the parts be manufactured in the United States. Both in bids submitted to DOD and in subsequent email communications with DOD representatives, Ugur falsely claimed that Anatolia was manufacturing the parts in the United States. In fact, Anatolia was a front company with no manufacturing facilities whatsoever. Unbeknownst to DOD, Ugur contracted with a company in Turkey to make the parts and then passed them off to DOD as if they had been manufactured by Anatolia in the United States. 

Because they had not been manufactured in the United States in accordance with the contacts, Ugur failed to allow DOD to inspect the parts prior to delivery to the U.S. military. Many of the parts were substandard and some could not be used at all.

In order to enable to the Turkish company to manufacture the parts, Ugur shared technical specifications and drawings of the parts with his co-conspirators overseas, some of whom were employees of the Turkish company. Ugur also provided his overseas co-conspirators with access to DOD’s online library of technical specifications and drawings. Because of their military applications, many of these parts were designated as Defense Articles under the International Traffic in Arms Regulations (ITAR) and the United States Munitions List (USML). Thus, an export license was required to export the parts and related technical data (blueprints, specifications, etc.) from the United States to Turkey. Ugur knew of these restrictions, but nonetheless exported technical data controlled under the ITAR and USML to employees of the Turkish manufacturer without an export license. 

United States Attorney Rachael S. Rollins; Patrick J. Hegarty, Special Agent in Charge of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Rashel Assouri, Special Agent in Charge of the U.S. Department of Commerce, Office of Export Enforcement, Boston Field Office made the announcement today. Assistant U.S. Attorneys Jason A. Casey and Timothy H. Kistner of Rollins’ National Security Unit prosecuted the case.

BOSTON – A Dominican man has been indicted by a federal grand jury in Boston for illegally reentering the United States after deportation.

Felix Bienvenido Gonzalez-Arias, a/k/a “Victor Manuel Trinidad-Lugo,” 38, was indicted on one count of unlawful reentry of a deported alien. He will appear in federal court in Boston on Dec. 16, 2022. 

According to the indictment, on Sept. 1, 2022, in Middleton, Gonzalez-Arias was found to have reentered the United States after previously being deported in April 2018. 

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.

United States Attorney Rachael S. Rollins 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 Rollins’ Major Crimes Unit is prosecuting the case.

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

BOSTON – A Boston man pleaded guilty today to drug trafficking offenses in connection with distributing multiple kilograms of fentanyl and thousands of counterfeit fentanyl pills to undercover agents. 

Luis Sonier Bautista Moreta, 26, pleaded guilty to two counts of distribution and possession with intent to distribute 400 grams or more of fentanyl and one count of possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Richard G. Stearns scheduled sentencing for April 26, 2023. Bautista was indicted in January 2022 and has been in custody since his arrest in November 2021.

Bautista’s relative negotiated two sales of fentanyl to an undercover officer. Bautista handled the sales transactions, which took place on Oct. 22, 2021 in Attleboro and on Nov. 1, 2021 in Dorchester. Both times, Bautista entered the car of a cooperating source acting on behalf of the undercover officer and delivered fentanyl. The first transaction involved one kilogram of fentanyl and 6,000 counterfeit pills containing fentanyl; the second transaction involved an additional kilogram of fentanyl. Bautista’s relative arranged for Bautista to sell 1,000 more pills to the undercover officer on Nov. 5, 2021, but Bautista left before completing the deal. , On Nov. 10, 2021, a search of Bautista’s residence resulted in the seizure of 1,000 pills containing fentanyl.

The charge of distribution and possession with intent to distribute 400 grams or more of fentanyl provides for a sentence of at least 10 years and up to life in prison, at least five years and up to life of supervised release, and a fine of up to $10 million. The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to life of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance in the investigation was provided by the Boston Police Department. Assistant U.S. Attorney Samuel R. Feldman of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.

BOSTON – A Methuen man was sentenced today in federal court in Boston for armed bank robbery.

Caio Costa, 26, was sentenced by U.S. District Court Judge Leo T. Sorokin to 90 months in prison and five years of supervised release. On July 26, 2022, Costa pleaded guilty to one count of armed bank robbery and one count of using and carrying a firearm during the commission of a crime of violence. 

On Sept. 25, 2020, Costa, armed with a loaded revolver and donning a black motorcycle helmet, entered a branch of the Salem Five Bank in Tewksbury. Inside the bank, Costa brandished a black revolver and stole over $7,000. Costa then fled on a motorcycle leading to a high-speed chase with law enforcement, reaching speeds up to 100 m.p.h. Costa eventually crashed the motorcycle in Lawrence and escaped on foot. Law enforcement later located the motorcycle helmet and clothing consistent with that worn by Costa during the robbery. The next day, Costa was arrested at a Salem, N.H. motel at which time he was in possession of a large sum of cash. 

During an interview with law enforcement, Costa admitted to robbing the Salem Five Bank three days earlier and committing other armed bank robberies between August and September 2020. He also directed law enforcement to a dumpster where a loaded black revolver, black gloves, a black backpack and other items of clothing used during the robbery were recovered.  

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Middlesex District Attorney Marian Ryan; Tewksbury Police Chief Ryan M. Columbus; Barry Golner, Interim Superintendent of the Lowell Police Department; Wilmington Police Chief Joseph Desmond; and Chelmsford Police Chief James M. Spinney made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – A Dominican man has been indicted by a federal grand jury in Boston for illegally reentering the United States after deportation. 

Jonathan Alcequiez-Sanchez, 35, was indicted on one count of unlawful reentry of a deported alien. Alcequiez-Sanchez was remanded into federal custody after previously being charged by criminal complaint on Nov. 25, 2022. He will appear in federal court in Boston on Dec. 14, 2022. 
According to the charging documents, Alcequiez-Sanchez was deported from the United States on Sept. 18, 2018, after being arrested in the Bronx, N.Y. for unlawful entry. It is alleged that 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.

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.

United States Attorney Rachael S. Rollins and Todd Lyons, Boston’s Field Office Director of the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement today. Assistant U.S. Attorney Luke A. Goldworm of Rollins’ Major Crimes Unit is prosecuting the case.

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

BOSTON – A third individual has been charged and arrested in relation to the violent armed bank robbery on Martha’s Vineyard on Nov. 17, 2022.

Romane Andre Clayton, 21, of Jamaica, was arrested on Dec. 9, 2022 in Connecticut and charged with one count of being an accessory after the fact to armed bank robbery. He will appear in federal court in Boston at a later date. Two co-defendants, Miquel A. Jones and Omar Odion Johnson, were previously arrested and charged by the U.S. Attorney’s Office in Boston on Dec. 1, 2022. Jones and Johnson remain in state custody on related charges.

According to the charging documents, on the morning of Nov. 17, 2022, three masked and armed individuals forced their way into the rear door of the Rockland Trust bank in Tisbury. All three individuals were wearing dark colored clothing and white masks resembling an elderly man with exaggerated facial features. According to witnesses, each of the individuals were allegedly carrying what appeared to be semi-automatic handguns. The video surveillance also showed that one of the individuals was carrying what appeared to be a walkie-talkie. Once inside the bank, one of the individuals allegedly held a gun to the head of one of the bank employees and forced him to open the bank’s vault. It is further alleged that the individuals entered the vault and took approximately $39,100, then bound the employees with duct tape and plastic zip ties, demanded access to one of their vehicles, and left the premises in an employee’s car.  

A short time after the robbery, the stolen car was located in a parking lot approximately 2.3 miles from the bank and determined that, minutes after the robbery, the individuals allegedly left the parking lot in another vehicle.  

According to the charging documents, following an investigation, Jones and Johnson were identified as suspects. It is alleged that subsequent searches  resulted in the recovery of three $100 bills and clothing consistent with the robbers in Jones’ car; a black handgun from Johnson’s home; and paperwork reflecting both a money transfer to Jamaica in the approximate amount of $700 and cash deposits in the amount of $4,100 made at a bank in Connecticut in Johnson’s car. 

Additionally, according to the charging documents, during a search of the Tisbury farm used by a local landscaping company which employs Jones, a glove, paper money band, zip tie and multiple rubber band – items consistent with the bank robbery – were recovered. During the search, investigators observed an area that appeared to have had a recent fire, and found burned pieces of nylon, white metal plastic consistent with a white mask, burned walkie-talkie pieces, an antennae, batteries and pieces of metal consistent with a duffle bag zipper. Within a few feet of the burned area two semi-automatic handguns loaded with 9mm ammunition were discovered buried inches under the ground. These items, including the handguns, were consistent with items possessed by the robbers during the robbery of the Rockland Trust bank.

According to surveillance video obtained from the Steamship Authority ferry terminal in Vineyard Haven, it is alleged that less than 40 minutes after the robbery – at approximately 8:58 a.m. on Nov. 17, 2022 – Clayton was captured arriving in a silver sedan to a parking lot nearby the ferry terminal, parking the vehicle, purchasing ferry tickets and boarding a ferry at 9:21 a.m. Approximately 30 minutes later, at 9:53 a.m., Johnson is allegedly captured arriving to the same parking lot and getting into the driver’s seat of the silver sedan Clayton had previously arrived in and parked before boarding a ferry. It is further alleged that Johnson is later captured driving the silver sedan to the vehicle reservation clerk booth, purchasing a vehicle ferry ticket and boarding a freight ferry in the silver sedan at 12:24 p.m.

On Nov. 19, 2022, Jones was arrested on state charges of accessory after the fact and was later charged with armed and masked bank robbery in Edgartown District Court on Nov. 28, 2022. On Nov. 25, 2022, a criminal complaint and warrant were issued by the Edgartown District Court charging Johnson with the Nov. 17, 2022, masked and armed robbery of the Rockland Trust bank. Johnson was located and arrested in New Haven, Conn., and was taken into state custody. The investigation remains active and ongoing.

The charge of being an accessory after the fact to armed bank robbery provides for a sentence of up to 150 months in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Cape & Islands District Attorney Michael O’Keefe; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Tisbury Police Chief Chris Habekos; West Tisbury Police Chief Matt Mincone; Edgartown Police Chief Bruce R. McNamee; Chilmark Police Chief Jonathan Klaren; Oak Bluffs Police Chief Jonathan Searle; Aquinnah Police Chief Randhi P. Belain; Canterbury (N.H.) Police Chief Michael Labrecque; and New Haven (Conn.) Police Chief Karl Jacobson made the announcement today. Valuable assistance was provided by the United States Postal Inspection Service; the Bureau of Alcohol Tobacco and Firearms; Immigration and Customs Enforcement; and the United States Customs and Border Protection. Assistant U.S. Attorneys Meghan Chambers Cleary and Kenneth G. Shine of Rollins’s Major Crimes Unit are prosecuting the case. 

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

BOSTON – A Boston man was sentenced today in federal court in Boston for distributing methamphetamine.

Daniel Lennon, 33, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 118 months in prison and five years of supervised release. On June 30, 2022, Lennon pleaded guilty to one count of distribution of five grams or more of methamphetamine and two counts of distribution of 50 grams or more of methamphetamine. 

In January and February 2021, investigators conducted three undercover purchases of methamphetamine from Lennon. On Jan. 13, 2021, Lennon delivered approximately 28 grams of 95% pure methamphetamine; on Jan. 19, 2021, Lennon delivered approximately 112 grams of 100% pure methamphetamine; and on Feb. 4, 2021, Lennon delivered approximately 110 grams of 87% pure methamphetamine. 

When investigators searched the hotel room where Lennon was staying, they located myriad drugs and drug distribution paraphernalia, including nearly 400 grams of fentanyl and fentanyl analogues, over 500 grams of methamphetamine, over 40 grams of cocaine and approximately $16,740 in cash.

United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. The Boston Police Department provided valuable assistance in the investigation. Assistant U.S. Attorney Lauren A. Graber of Rollins’ Criminal Division prosecuted the case.

BOSTON – A father and son were convicted by a federal jury yesterday in connection with a “ten-percenting” scheme in which they cashed winning Massachusetts state lottery tickets on behalf of the ticket holders to avoid taxes and receive tax refunds.    

Ali Jaafar, 63, and Yousef Jaafar, 29, both of Watertown, were convicted 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. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for April 11, 2023 and April 13, 2023 for Ali Jaafar and Yousef Jaafar, respectively. 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 March 8, 2023.

“By defrauding the Massachusetts Lottery and the Internal Revenue Service, the Jaafars cheated the system and took millions of hard-earned taxpayers’ dollars. This guilty verdict shows that elaborate money laundering schemes and tax frauds will be rooted out and prosecuted,” said United States Attorney Rachael S. Rollins.

The defendants conspired with others to purchase winning lottery tickets at a cash discount from gamblers all over Massachusetts, often using convenience store owners to facilitate the transactions. This scheme—referred to as “ten-percenting” because the ticket purchasers typically keep between 10-20 percent of each ticket’s value—allows the real gamblers to avoid reporting the winnings on their tax returns. The defendants and co-conspirators then presented the winning tickets to the Massachusetts Lottery Commission as their own and collected the full value of the tickets. The defendants also reported the ticket winnings as their own on their income tax returns and claimed fake gambling losses to offset the claimed winnings, thereby avoiding federal income taxes and receiving tax refunds.  

Between 2011 and 2020, the defendants and their co-conspirators cashed more than 14,000 lottery tickets and claimed more than $20,000,000 in Massachusetts lottery winnings. Based upon their submitted lottery claims, in 2019, 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. In total, the three family members received more than $1,200,000 in tax refunds by claiming other peoples’ lottery tickets as their own and then offsetting those winnings with fake gambling losses on their tax returns.
 
The charge of conspiracy to defraud the Internal Revenue Service provides for a sentence of up to five years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater, and restitution. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, three years of supervised release, a fine of $500,000 or twice the value of the property involved in the transaction, whichever is greater, restitution and forfeiture. The charge of filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Rollins and Joleen Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistance was provided by the Massachusetts State Lottery Commission. Assistant U.S. Attorneys Christopher J. Markham and Kristen A. Kearney of Rollins’ Securities, Financial & Cyber Fraud Unit are prosecuting the case.

BOSTON – A Stoughton man has been sentenced in federal court in Boston on a federal weapons charge.  

Sanusie M. Kabba, 37, was sentenced on Dec. 8, 2022 by U.S. District Court Judge Patti B. Saris to 18 months in prison and three years of supervised release. Kabba was also ordered to pay a fine of $30,000. On Sept. 7, 2022, Kabba pleaded guilty to one count of being a felon in possession of a firearm.   

Kabba was arrested in September 2021 at Logan Airport after a loaded firearm was found in his carry-on luggage at a security checkpoint. Kabba was also found in possession of a driver’s license and two credit cards bearing the same stolen identity. 

Kabba was previously convicted in federal court of conspiracy to distribute at least 1,000 kilograms of marijuana, oxycodone, and cocaine and conspiracy to collect a debt by extortionate means, for which he served 63 months in prison.

United States Attorney Rachael S. Rollins; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement today. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – St. Vincent Hospital (St. Vincent) in Worcester has agreed to pay approximately $1.784 million to resolve allegations that it received impermissible “outlier” payments from Medicare by inflating its charges for cardiac surgical procedures and failed to fully reimburse the government for its receipt of these outlier payments after it became aware of the issue. As part of the settlement, St. Vincent admits that it received outlier payments to which it was not entitled.

Hospitals performing surgical procedures can receive reimbursement from Medicare by submitting a claim to a Medicare Administrative Contractor containing, among other information, a Diagnosis Related Group (DRG) code that identifies the procedure performed and the hospital’s costs and charges for the services and supplies provided in treating the patient. In some cases, a hospital might report having incurred extraordinarily high costs due to performing medically necessary services to address unforeseen complications for a particular patient. In such cases, where a hospital suffers losses in excess of a set threshold, Medicare will pay a hospital an “outlier” payment, in addition to the set reimbursement amount.  

St. Vincent admits that between 2018 and 2019, it increased its charges for all inpatient services, including for a cardiac surgical procedure known as a Transcatheter Aortic Valve Replacement (TAVR); once by 18%, and two more times by 15%. St. Vincent’s increased charges resulted in a greater number of Medicare outlier payments, including cases where outlier payments were not appropriate because there were no unforeseen complications or extended lengths of stay that led to the extraordinarily high costs. 

Although prior to settling with the United States, St. Vincent made a voluntary payment to the Medicare Administrative Contractor, that voluntary payment did not fully reimburse Medicare for all outlier payments St. Vincent received for TAVRs and other cardiac-related surgical procedures in cases where patients did not require an increased level of care or an extended length of stay resulting in extraordinarily high costs.  

United States Attorney Rachael S. Rollins and Phillip M. Coyne, Special Agent in Charge of the Department of Health and Human Service’s Office of Inspector General, Boston Regional Office made the announcement today. The matter was handled by Assistant U.S. Attorneys Steven Sharobem and Jessica J. Weber of Rollins’ Affirmative Civil Enforcement Unit.  
 

BOSTON – A New Jersey man was indicted by a federal grand jury yesterday in connection with a conspiracy to convince a Massachusetts victim to convert her bank account funds into gold, claiming her accounts had been compromised by purported drug traffickers.

Gaurang Contractor, 38, a citizen of India living in Jersey City, N.J., was indicted on one count of conspiracy to commit wire fraud. Contractor will appear in federal court in Worcester, Mass. on Dec. 16, 2022. Contractor was previously arrested on state charges on Aug. 8, 2022.  

According to the indictment, 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 withdraw funds from purported compromised bank accounts and to convert those funds to gold. It is alleged that White provided the victim with the name of a jewelry store in Hadley, Mass. where the victim could purchase the gold. White then allegedly directed the victim to leave the gold in an unlocked vehicle and promised to send a “court officer” to pick up the gold for safekeeping.  

On Aug. 8, 2022, Contractor drove from New Jersey to Hadley. According to court documents, Contractor conducted surveillance of the jewelry store where the victim had purchased the gold at the direction of White. Contractor allegedly followed the vehicle containing the supposed gold. Upon arriving at the meeting location, it is alleged that Contractor removed the two buckets from the vehicle and placed them in his own car. He was subsequently arrested.

The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to a $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; 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.  Valuable assistance also was provided by the Police Department of the Worcester County town in which the victim resides.  Assistant U.S. Attorneys Danial Bennett and Kaitlin Brown of Rollins’ Worcester Branch Office are prosecuting the case.  

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

BOSTON – A Melrose man has been charged in connection with possessing and receiving child sexual abuse material (CSAM). 

Patrick Baxter, 42, was charged with one count of receipt of child pornography and one count of possession of child pornography. Baxter was arrested on Dec. 7, 2022 and, following an initial appearance in federal court in Boston yesterday afternoon, was detained pending a detention hearing that has not yet been scheduled by the Court. 

According to the charging documents, Baxter downloaded CSAM from the internet on two occasions in June and July 2021. A computer hard drive seized during a search of Baxter’s residence was allegedly found to contain approximately 427 video files depicting CSAM. 

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 up to $250,000. The charge of possession of child pornography provides for a sentence of up to 10 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and the Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance was provided by the Melrose Police Department. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.

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

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

BOSTON – A federal jury in Boston convicted a Framingham man today for his role in a business email compromise (BEC) scheme.

Gustaf Njei, 27, was convicted following a five-day jury trial of two counts of wire fraud, one count of structuring to avoid reporting requirements, one count of unlawful monetary transactions, and one count of money laundering conspiracy. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for March 9, 2023. A federal grand jury indicted Njei in June 2021. 

The evidence at trial established that Njei conspired with others to open bank accounts in Massachusetts in the name of a sham company, to receive the criminal proceeds of a BEC scheme. A BEC scheme is a sophisticated scam often targeting businesses involved in wire transfer payments. The fraud is carried out by compromising and/or “spoofing” legitimate business email accounts through social engineering or computer intrusion techniques, to cause employees of the victim company (or other individuals involved in legitimate business transactions) to transfer funds to accounts controlled by the scammers.

Njei’s co-conspirators used hacked and spoofed email accounts to trick the victims of the scheme into wiring hundreds of thousands of dollars to a bank account under Njei’s control. Njei then transferred part of the funds to a bank account located overseas, while splitting the remaining funds with a co-conspirator in the United States.

“Online criminals spend their days targeting millions of victims with increasingly sophisticated but fraudulent emails. They just need to fool a few people into surrendering their life savings or business revenues to hit a pay day,” said United States Attorney Rachael S. Rollins. “Mr. Njei created a bank account in the name of a fake company. These victims sent hundreds of thousands of dollars and suffered real harm as a result of this cyber scheme. People deserve to feel safe and protected in their communities – whether in person or online. Today’s verdict shows that we will find and hold scammers accountable to the fullest extent of the law.”  

“Last year, business email compromise scams cost consumers nationwide nearly $2.4 billion and here in Massachusetts victims reported losing almost $68 million. Gustaf Njei’s conviction today demonstrates the FBI’s commitment to holding accountable everyone who participates in these scams, which use lies and deceit to trick victims out of their hard-earned money,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division “We thank the jury for their swift verdict.”

The charge of wire fraud provides 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, whichever is greater. The charge of structuring to avoid reporting requirements provides for a sentence of up to five years in prison, three years of supervised release and a fine up to $250,000, or twice the gross gain or loss, whichever is greater. 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 up to $250,000, or twice the gross gain or loss, whichever is greater. The charge of money laundering conspiracy provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $500,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorneys William B. Brady and Benjamin A. Saltzman of Rollins’ Criminal Division are prosecuting the case.

BOSTON – Four individuals were indicted yesterday by a federal grand jury in Boston for their roles in a wide-ranging fentanyl trafficking conspiracy.

Angel Morales, 51, of Roslindale; Quenty Ogando, 44, of Dorchester; Erika Prado, 31, of Hyde Park; and Rahelin Reynoso, 33, of Dorchester, were indicted on one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl.  Morales was also charged with one count of distribution and possession with intent to distribute 400 grams or more of fentanyl.

According to the indictment, between September 2022 and November 2022, Morales, Ogando, Prado and Reynoso conspired to distribute and to possess with intent to distribute 400 grams or more of fentanyl. As part of the fentanyl distribution conspiracy, Morales allegedly used various post offices and FedEx facilities in Boston, Randolph, Holbrook, Quincy, Mattapan, Braintree, Milton and elsewhere to mail over 150 packages containing suspected fentanyl. On one occasion, on Sept. 23, 2022, it is alleged that Morales mailed over 850 grams of counterfeit pills containing fentanyl from a FedEx location in Randolph. On Nov. 22, 2022, during a search of an apartment in Mattapan allegedly being used as stash location by the defendants, over 22 kilograms of pills containing fentanyl, over 22 kilograms of loose powder containing fentanyl, three industrial grade pill presses, as well as numerous sealed envelopes containing various amounts of pills were recovered.

The charges of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl, as well as distribution and possession with intent to distribute 400 grams or more of fentanyl, provide for a sentence of up to life, with a mandatory minimum sentence of 10 years in prison, 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.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge for Homeland Security Investigations in New England; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division made the announcement today. The Boston Police Department, U.S. Postal Inspection Service, Massachusetts State Police and United States Customs and Border Protection provided valuable assistance. Assistant U.S. Attorney Jennifer Zacks of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.  

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

BOSTON – A Florida man was indicted yesterday by a federal grand jury in connection with a conspiracy to use stolen identities to fraudulently obtain disaster loans from the Small Business Administration (SBA) and to launder the funds.  

Hector Garcia, 51, of Ocala, Fla., was charged with one count of conspiracy to commit wire fraud, three counts of wire fraud and two counts of aggravated identity theft. He will appear in federal court in Boston at a later date. Garcia was previously arrested and charged in August 2021. 

According to charging documents, Garcia conspired with others to use stolen identity information of United States citizens to apply for SBA Economic Injury Disaster Loans. It is alleged that Garcia used stolen identity information of a United States citizen to open a fraudulent bank account, which was then linked to other fraudulent bank accounts set up to receive the SBA funds. Garcia and his co-conspirators allegedly used debit cards associated with those accounts to launder the funds by purchasing iPhones for re-sale. It is also alleged that Garcia and other co-conspirators wired a portion of the funds to the Dominican Republic.

It is further alleged that over $452,000 in SBA funds were fraudulently obtained in connection with the scheme. Approximately $250,000 of this money was used to purchase iPhones in Massachusetts and New Hampshire.

The charges of wire fraud and conspiracy to commit 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 from the offense. The charge of aggravated identity theft provides for a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based 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 and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Valuable assistance was also provided by Homeland Security Investigations in Orlando, Fla.; Small Business Administration, Office of the Inspector General; Department of Housing and Urban Development, Office of the Inspector General; Social Security Administration, Office of the Inspector General; Department of Labor, Office of the Inspector General; Department of State; U.S. Postal Inspection Service; Massachusetts State Police; New Hampshire State Police; and the Acton, Nashua (N.H.), Manchester (N.H.) and Ocala (Fla.) Police Departments. Assistant U.S. Attorneys Elianna J. Nuzum and Adam W. Deitch of the Rollins’ 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Worcester man was sentenced yesterday in connection with attempting to purchase a $56,000 Jeep Wrangler Rubicon with a counterfeit check. 

David Hogan, 58, was sentenced by U.S. District Court Judge Timothy S. Hillman to two years of probation, with four months spent in home confinement. The government recommended a sentence of six months in prison. On April 25, 2022, Hogan pleaded guilty to one count of wire fraud.

On March 31, 2021, Hogan visited a car dealership in Newton, where he agreed to purchase a Jeep Wrangler Rubicon for $56,208. Hogan tendered a check from Charles Schwab bank in the amount of the purchase price, took possession of the Jeep and drove it off the lot. When the car dealership attempted to cash the check, the bank did not honor it because the bank account had been frozen. The dealership contacted Hogan and advised that the check was not valid.

On April 9, 2021, using the dealership’s electronic chat app, Hogan promised the dealership that he would wire the money to the bank. Hogan did not ultimately wire any funds and the vehicle was repossessed by the dealership. A subsequent investigation revealed that the Charles Schwab account was opened using a stolen identity. 

Hogan later admitted that the phony check he used when attempting to purchase the Jeep had been printed by Brandon Brouillard who was charged separately with two counts of bank fraud and one count of aggravated identity theft in connection with using two victims’ identities to open bank accounts and attempting to purchase an $83,000 Chevrolet Camaro. On Sept. 13, 2022, was sentenced by Judge Hillman to 47 months in prison and five of supervised release. 

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 was provided by the Boston, Braintree, Natick, Newton, Norwood, Worcester and Scottsdale (Ariz.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Criminal Division prosecuted the case.

BOSTON – A Worcester man was indicted today by a federal grand jury in connection with his alleged role in a cocaine distribution conspiracy. 

Luis Torres, 45, was indicted on one count of conspiring to possess with the intent to distribute more than five kilograms of cocaine and one count of use of a communication facility to facilitate a drug felony. Torres was initially arrested and charged on June 21, 2022 and has remained in custody since. He will appear in federal court in Boston at a later date. 

In or about June 2022, Torres allegedly conspired with others to possess and distribute more than 5 kilograms of cocaine. According to the charging documents, Torres was previously convicted of drug trafficking and served more than a year in state prison.

The charge of conspiring to distribute five or more kilograms of cocaine 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. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors. 

United States Attorney Rachael S. Rollins; Matthew Millhollin, Special Agent in Charge for Homeland Security Investigations in New England; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Kaitlin Brown of Rollins’ Worcester Branch Office is prosecuting the case.

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

BOSTON – A Lynnfield man has been indicted by a federal grand jury in connection with a scheme to fraudulently obtain multiple Coronavirus Aid, Relief, and Economic Security (CARES) Act loans, including funds from the Payroll Protection Program (PPP) and unemployment benefits to which he was not entitled.

Daniel Olivar, 43, was indicted on four counts of wire fraud. Olivar was arrested this morning and will appear in federal court in Boston this afternoon. 

According to the charging documents, Olivar was the owner of Sonny’s Boxing and Fitness, Inc. in Middleton. It is alleged that, since at least 2019, Olivar engaged in a scheme to defraud and to obtain CARES Act business loans, by filing false and fraudulent applications with the United States Small Business administration (SBA). This included an Economic Injury Disaster Loan (EIDL) from the SBA and a PPP loan. In addition, Olivar allegedly filed a claim for unemployment benefits with the State of Massachusetts, falsely claiming that he was laid off from Gold’s Gym. As a result, it is alleged that from January 2020 until at least May 2021, Olivar received unemployment benefits from the state of Massachusetts. 

The charge of wire fraud 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.

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 today. Assistant U.S. Attorney Laura J. Kaplan of Rollins’ Criminal Division is 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 defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – The former chairman of the Massachusetts-based company Arch Therapeutics, Inc. pleaded guilty yesterday to three felony securities offenses, two of which concerned his undisclosed sale of over $1.3 million worth of company shares.

Avtar Singh Dhillon, 61, of Long Beach, Calif., pleaded guilty to one count of willful failure to disclose stock sales, one count of aiding and abetting the sale of unregistered securities and one count of touting compensation nondisclosure conspiracy. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for April 18, 2023. Dhillon was arrested and charged by criminal complaint in August 2021. He was subsequently charged by an Information on Sept. 30, 2022.

Dhillon and his then attorney, Daniel V. Martinez, placed 2.75 million Arch Therapeutics shares that Dhillon beneficially owned into a limited liability company that Martinez created. Dhillon and Martinez then worked together to sell the shares in the open market without a valid exemption under the relevant securities laws and to distribute the approximately $1.34 million in proceeds. The proceeds were distributed primarily to third parties for Dhillon’s benefit, with a small portion distributed to Martinez directly. Dhillon thereafter willfully failed to report the stock sales to the U.S. Securities & Exchange Commission and the investing public, as he was required to do.

Martinez was also charged and has agreed to plead guilty to one count of sale of unregistered securities. Martinez’s plea hearing is scheduled for Dec. 15, 2022.

Separately, Dhillon also participated in a securities conspiracy involving the nondisclosure of compensation paid to a subscription newsletter analyst. Specifically, Dhillon agreed with others to cause Emerald Health Pharmaceuticals (EHP), a life sciences company in San Diego, to indirectly compensate a subscription newsletter analyst to tout a securities offering by EHP without the analyst or the newsletter disclosing the compensation, as required under securities laws. Dhillon was both a one-time board member of and an indirect shareholder in EHP, which raised tens of millions of dollars in the securities offering. 

The charge of willful failure to disclose sales provides for a sentence up to 20 years in prison, three years of supervised release and a fine of $5 million. The charge of sale of unregistered securities provides for a sentence up to five years in prison, three years of supervised release and a fine of $10,000. The charge of touting compensation nondisclosure conspiracy provides for a sentence up to five years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office made the announcement. Valuable assistance was provided by SEC’s headquarters, Boston and Los Angeles regional offices. Assistant U.S. Attorney James R. Drabick of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.

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

BOSTON – A Worcester man pleaded guilty on Dec. 5, 2022 to distributing fentanyl and methamphetamine.

Johanny Torres-Rojas, 56, 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. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for March 31, 2023. Torres-Rojas was charged by criminal complaint in January 2020 and subsequently indicted by a federal grand jury in February 2020. Torres-Rojas was later charged in a superseding Information in November 2022 and pleaded guilty.

Between November 2019 and January 2020, Torres-Rojas distributed fentanyl to a confidential source in at least three controlled purchases. Specifically, on Nov. 20 and Nov. 26, 2019, Torres-Rojas distributed fentanyl pills to a confidential source at a Goodwill Store in Worcester. Later, on Jan. 13, 2020, Torres-Rojas distributed pills containing fentanyl and methamphetamine to the confidential source outside of the same Goodwill Store. In total, Torres-Rojas distributed approximately 835 grams of pills containing methamphetamine and 102 grams of pills containing fentanyl across the three purchases.

The charges of distribution of and possession with intent to distribute fentanyl and methamphetamine provide 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.

United States Attorney Rachael S. Rollins 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 and Samuel R. Feldman of Rollins’ Criminal Division are prosecuting the case. 

BOSTON – A Worcester man has been arrested and charged in connection with transferring obscene material to a 14-year-old minor.

Andrew James Gallagher, 28, was charged with one count of transfer of obscene material to a minor. Gallagher was arrested yesterday morning and, following an initial appearance in federal court in Worcester, was detained pending a detention hearing scheduled for Dec. 9, 2022.

According to the charging document, in April 2022, Gallagher contacted the victim using a social media platform. It is alleged that Gallagher asked, “are you underage at all?” to which the minor victim replied identifying himself as 14 years old. Gallagher then allegedly sent two obscene images of himself to the minor victim, expressed interest in meeting with the minor victim in person and asked the minor victim to send an explicit video of himself to Gallagher. 

The charge of transfer of obscene material to a minor 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.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Worcester Police Chief Steven M. Sargent; and Matthew B. Millhollin, Special Agent in Charge of the Homeland Security Investigation’s in New England made the announcement. Valuable assistance was provided by the Federal Bureau of Investigation, Omaha Division. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office is prosecuting the case.

Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.

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

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

BOSTON – Two Worcester County men were arrested today for conspiring to traffic in contraband smokeless tobacco.

Mohammad Hanif Balaparya, 61, of Shrewsbury, and Rakesh Garg, 52, of Holden, were indicted by a federal grand jury with one count each of conspiracy to transport, possess, purchase and distribute in excess of 500 units of contraband smokeless tobacco. Balaparya was also indicted on one count of transporting and possessing over 500 units of smokeless tobacco. The defendants were arrested this morning and were released following an initial appearance in federal court in Worcester this afternoon. 

According to the indictment, throughout 2017, Balaparya and Garg rented a commercial box truck on an almost weekly basis to drive to Pennsylvania. While in Pennsylvania, Balaparya allegedly purchased significant quantities of smokeless tobacco, which he transported back to Massachusetts and stored at his home. On one occasion, on Dec. 7, 2017, Balaparya allegedly transported more than 500 units of smokeless tobacco from Pennsylvania to Massachusetts. It is further alleged that Balaparya and Garg distributed the smokeless tobacco to certain convenience store owners in Massachusetts. By doing so, the two men evaded over $2 million in excise taxes that wholesale distributors of smokeless tobacco in Massachusetts are required to pay.  

The charging statute provides for a sentence of up to five years in prison for each count, up to three years of supervised release, and a fine of $250,000, and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Rachael S. Rollins; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Geoffrey E. Snyder, Commissioner of the Massachusetts Department of Revenue made the announcement today. Valuable assistance in the investigation was provided by the Shrewsbury and Holden police departments. Assistant U.S. Attorneys Greg A. Friedholm and Lucy Sun of Rollins’ Worcester Branch Office are prosecuting the case.

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

BOSTON – A Revere man pleaded guilty yesterday to possessing cocaine and fentanyl as well as receiving a firearm while under indictment for felony charges. 

Cesar Rivera, 23, pleaded guilty to one count of possession with intent to distribute cocaine and fentanyl and one count of receipt of a firearm while under indictment for felony charges. U.S. District Court Judge Richard G. Stearns scheduled sentencing for April 6, 2023. Rivera was indicted by a federal grand jury on Jan. 12, 2022. He has been in federal custody since July 2021.

In December 2020, Rivera was wanted on outstanding warrants on multiple state gun cases for which he had failed to respond court summonses or appear in court for over a year. On Dec. 22, 2020, law enforcement located Rivera at a carwash in Malden and was subsequently arrested. At the time of his arrest, Rivera was carrying approximately 28 grams of crack cocaine, fentanyl and a Glock firearm. 

In October 2020, two months prior to his arrest, while wanted on the outstanding warrants, Rivera and another individual named Phillips Charles (charged separately) had a brief encounter with a rival gang member, his girlfriend and their one-year-old child at the Square One Mall in Saugus. After the encounter, Rivera and Charles pursued the victim and his family and fired at least seven rounds into their vehicle. Following Rivera’s arrest, ballistics examination of the Glock firearm recovered from Rivera in December 2020 revealed that it had been used in the October 2020 shooting. 

On Sept. 7, Charles was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 78 months in prison and four years of supervised release.

The charge of possession with intent to distribute cocaine and 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 $5 million. The charge of possession of firearm in furtherance of a drug trafficking crime provides for a sentence of at least five years and up to life in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

First Assistant United States Attorney Joshua S. Levy; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Malden Police Chief Kevin Molis made the announcement. Valuable assistance was provided by the Massachusetts State Police; the Middlesex County and Suffolk County District Attorney’s Offices; and the Boston Police Department. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime and Gang Unit is prosecuting 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.

BOSTON – An Acton man was sentenced yesterday in federal court in Boston in connection with his role in a scheme to defraud the U.S. Treasury Department of more than $50 million in tax-free energy grants as part of the American Recovery and Reinvestment Act of 2009. 

Christopher N. Condron, 50, was sentenced by U.S. District Court Judge Indira Talwani to seven years in prison and three years of supervised release. Condron was also ordered to pay $8.7 million in restitution and forfeiture. In September 2021, Condron was convicted by a federal jury of conspiracy to defraud the United States with respect to claims and three counts of wire fraud. 

In August 2017, Condron was indicted for conspiring to submit fraudulent applications to the Treasury Department for energy grants available as part of the American Recovery and Reinvestment Act of 2009. The Recovery Act provided tax-free grants to individuals and businesses who put certain “specified energy property”—such as wind farms and gasification systems that convert trash into electricity—into service in a trade or business.

From May 2009 to June 2013, Condron and his co-conspirators submitted fraudulent grant applications to the Treasury Department on behalf of four different Massachusetts companies: Acton Bio Energy; Concord Nurseries; Kansas Green Energy; and Ocean Wave Energy. For each of the applications, Condron falsely claimed that the entities had acquired, placed into service, or started construction of energy property, which included three different bio-fuel gasification systems, purportedly built at a cost of approximately $88 million, and an $84 million wind farm project. Condron and his co-conspirators sought to be reimbursed for more than $50 million based on those costs—which they never actually incurred. To support their applications, Condron submitted fraudulent documentation to a Massachusetts-based attorney who, in turn, submitted the applications to the Treasury Department. Evidence at trial demonstrated that Condron vastly overstated property costs in the grant applications and as a result, defrauded the government out of more than $8.7 million. Additionally, further evidence showed that Condron attempted to obtain another $42 million in energy grants.

United States Attorney Rachael S. Rollins and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Special assistance was provided by the U.S. Department of Treasury, Office of Inspector General, Office of Investigations. Assistant U.S. Attorneys Neil J. Gallagher, Jr. and Elysa Q. Wan of Rollins’ Public Corruption & Special Prosecutions Unit prosecuted the case. 

BOSTON – A former Malden firefighter was sentenced yesterday in federal court in Boston for conspiring to distribute controlled substances including oxycodone, suboxone, Klonopin and Adderall.

Joshua Eisnor, 43, of North Reading, was sentenced by U.S. District Court Judge Leo T. Sorokin to five years of probation. Eisnor was also ordered to pay a $2,000 fine and forfeiture of $900. On June 23, 2022, Eisnor pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute controlled substances.

While working as a firefighter at the Malden Fire Department, Eisnor distributed controlled substances to other members of the Malden Fire Department.  

"Mr. Eisnor compromised the integrity, security and operations of the Malden Fire Department by distributing controlled substances. As a firefighter, Mr. Eisnor was responsible for protecting the Malden community. Instead, he dishonored his noble profession and sold drugs while on duty,” said United States Attorney Rachael S. Rollins. “His conduct also jeopardized the safety of his fellow firemen and women who – like the overwhelming majority of public servants – do their jobs with honor, dignity and controlled substance free.”

“It is dishonorable for a firefighter to break the law and breach the trust of his community that he took an oath to protect, but that is exactly what Joshua Eisnor did while dealing drugs on duty to his fellow firefighters, putting them, and the citizens of Malden, in potential danger,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This case illustrates the FBI’s commitment to bringing to justice those who deliberately compromise the integrity of their position for their addictions.”

“Prescription drugs offered illegally have no guarantees of safety or efficacy and hold the potential to harm those who use them,” said Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who put the health of the public at risk.”

U.S. Attorney Rollins, FBI SAC Bonavolonta, FSA-CI SAC McMillan and Christopher F. Algieri, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General’s Northeast Field Office made the announcement. Special assistance was provided by the Merrimack Valley Transnational Organized Crime Task Force. Assistant U.S. Attorneys Eugenia M. Carris, Deputy Chief of Rollins’ Public Corruption & Special Prosecutions Unit and Howard Locker of Rollins’ Health Care Fraud Unit prosecuted the case.

BOSTON – A Rhode Island woman, formerly of North Easton, Mass. was sentenced on Dec. 2, 2022, in federal court in Boston for stealing approximately $74,000 in Veteran Affairs (VA) and Office of Personnel Management (OPM) benefits from a veteran she was supposed to be protecting.    

Lisa Heino, 55, of Newport, R.I., was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to two months in prison followed by three years of supervised release, with the first 10 months to be served in home confinement. Heino was also ordered to pay restitution of $74,045. On Aug. 2, 2022, Heino pleaded guilty to two counts of theft of public funds. 

In May 2014, Heino was appointed by the Massachusetts state court to serve as the conservator for the victim who was a disabled veteran and retired federal employee. Later, in October 2014, Heino became the OPM representative payee for the victim as well. As a court appointed conservator and representative payee, Heino had access to the federal VA and OPM monthly benefit payments that were directly deposited into the victim’s bank account. In this capacity, Heino transferred federal VA and OPM benefit payments from the victim’s bank account to her own bank account and used the funds for her own expenses. Specifically, from in or about June 2017 through August 2018, Heino stole or converted approximately $44,191 in VA funds she was not entitled to for her own use. Additionally, from in or about January 2017 through January 2019, Heino stole or converted approximately $29,853 in OPM funds she was not entitled to for her own use. 

After Heino was removed as conservator in 2017 and representative payee in 2019, she continued to access the victim’s bank account and federal benefits. When interviewed by authorities, Heino admitted to withdrawing the benefit payments from the victim’s bank account and depositing the funds into her own account for her personal use while serving as conservator and representative payee.

United States Attorney Rachael S. Rollins; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; and Scott A. Rezendes, Special Agent in Charge of the Office of Personnel Management made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ Major Crimes Unit prosecuted the case.

BOSTON – Northeast Hospital Corporation (Northeast), part of Beth Israel Lahey Health, has agreed to pay $1.9 million in civil penalties to resolve allegations that Northeast violated the Controlled Substance Act (the CSA) by failing to keep accurate records of controlled substances, including opioids. 

The CSA requires accurate inventorying and tracking of each controlled substance in circulation, from the manufacturer to the ultimate user. The recordkeeping requirements are intended, in part, to prevent misuse of controlled substances and avoid overdoses or other harms.

Northeast does business as Beverly Hospital in Beverly, Mass.; Lahey Outpatient Center Danvers in Danvers, Mass.; BayRidge Hospital in Lynn, Mass.; and Addison Gilbert Hospital in Gloucester, Mass. Each of these four locations is separately registered with the Drug Enforcement Agency (DEA) to handle controlled substances.  

The DEA began investigating Northeast after it reported on March 22, 2018, that an employee had stolen 17,846 dosage units of controlled substances, including fentanyl, Percocet, oxycodone, dextroamphetamine and MS Contin, over more than a year. Northeast discovered the diversion in the course of implementing improvements to its pharmacy operations and controlled substances accountability procedures, and promptly suspended the employee.  

The settlement resolves allegations that Northeast’s recordkeeping was not in compliance with the CSA and its regulations. According to the admissions in the settlement, Northeast ordered controlled substances under Beverly Hospital’s DEA registration but subsequently transferred the location of those drugs to other Northeast locations, without notifying the DEA of such inter-registrant transfers. DEA requires that registrants notify the agency of transfers of controlled substances between registrants through filings with the DEA, even when transfers are among affiliated entities. The settlement also resolves allegations that, based on DEA’s  audit of the controlled substances that Northeast had on site, Northeast’s actual controlled substances inventory differed from what its records showed should be present.  

As part of the settlement, in addition to the improvements undertaken by Northeast voluntarily, both before and after the DEA investigation, Northeast has agreed to additional security and recordkeeping measures.  

United States Attorney Rachael S. Rollins 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 Thomas E. Kanwit of Rollins’ Civil Division handled the matter.

BOSTON – Two men have been charged in federal court in Boston in connection with the Nov. 17, 2022 armed bank robbery of the Rockland Trust bank in Tisbury, Mass.

Miquel Antonio Jones, 39, of Edgartown, and Omar Odion Johnson, 32 of Canterbury, N.H., were charged with one count each of armed bank robbery. The defendants are currently in state custody on related charges and will appear in federal court in Boston at a later date. 

According to the charging documents, on the morning of Nov. 17, 2022, three masked and armed individuals forced their way into the rear door of the Rockland Trust bank in Tisbury. All three individuals were wearing dark colored clothing and matching white masks that resembled an elderly man with exaggerated facial features. According to witnesses, each of the individuals were allegedly carrying what appeared to be semi-automatic handguns. The video surveillance also showed that one of the individuals was carrying what appeared to be a walkie-talkie. Once inside the bank, one of the individuals allegedly held a gun to the head of one of the bank employees and forced him to open the bank’s vault. It is further alleged that the individuals entered the vault and took approximately $39,100, then bound the employees with duct tape and plastic zip ties, demanded access to one of their vehicles, and left the premises in an employee’s car.  

A short time after the robbery, law enforcement located the stolen car in a parking lot approximately 2.3 miles from the bank and determined that, minutes after the robbery, the individuals allegedly left the parking lot in another vehicle.  

According to the charging documents, following an investigation by law enforcement, Jones and Johnson were identified as suspects. It is alleged that subsequent searches by law enforcement resulted in the recovery of three $100 bills and clothing consistent with the individuals’ in Jones’ car; a black handgun from Johnson’s home; and paperwork reflecting both a money transfer to Jamaica in the approximate amount of $700 and cash deposits in the amount of $4,100 made at a bank in Connecticut in Johnson’s car. 

Additionally, according to the complaint affidavits, during a search of the Tisbury farm used by a local landscaping company which employs Jones, a glove, paper money band, zip tie and multiple rubber band – items consistent with the bank robbery – were recovered. During the search, investigators observed an area that appeared to have had a recent fire, and found burned pieces of nylon, white metal plastic consistent with a white mask, burned walkie-talkie pieces, an antennae, batteries and pieces of metal consistent with a duffle bag zipper. Within a few feet of the burned area two semi-automatic handguns loaded with 9mm ammunition were discovered buried inches under the ground. These items, including the handguns, were consistent with items possessed by the robbers during the robbery of the Rockland Trust bank.

On Nov. 19, 2022, Jones was arrested on state charges of accessory after the fact and was later charged with armed and masked bank robbery in Edgartown District Court on Nov. 28, 2022.  He is in state custody.  On Nov. 25, 2022, a criminal complaint and warrant were issued by the Edgartown District Court charging Johnson with the Nov. 17, 2022, masked and armed robbery of the Rockland Trust bank. Johnson was located and arrested in New Haven, Conn., and is currently in state custody awaiting arraignment in the Edgartown District Court. The investigation remains active and ongoing.

The charge of armed bank robbery provides for a sentence of up to 25 years in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Cape & Islands District Attorney Michael O’Keefe; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Tisbury Police Chief Chris Habekos; West Tisbury Police Chief Matt Mincone; Edgartown Police Chief Bruce R. McNamee; Chilmark Police Chief Jonathan Klaren; Oak Bluffs Police Chief Jonathan Searle; Aquinnah Police Chief Randhi P. Belain; Canterbury (N.H.) Police Chief Michael Labrecque; and New Haven (Conn.) Police Chief Karl Jacobson made the announcement today. Valuable assistance was provided by the United States Postal Inspection Service; the Bureau of Alcohol Tobacco and Firearms; Immigration and Customs Enforcement; and the United States Customs and Border Protection. Assistant U.S. Attorneys Meghan C. Cleary and Kenneth G. Shine of Rollins’s Major Crimes Unit are prosecuting the case. 

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

BOSTON – A Texas man was arrested and charged today in connection with threatening a Boston doctor providing care to members of the transgender community.

Matthew Jordan Lindner, 38, of Comfort, Texas, was charged with one count of transmitting interstate threats. Lindner was arrested this morning and will make an initial appearance in the Western District of Texas this afternoon. He will appear in federal court in Boston at a later date.

“Death threats instill fear and terror in their targeted audiences. The conduct alleged here is not protected free speech. The words used here do not amount to someone simply expressing their discontent or engaging in a heated debate. Mr. Lindner’s alleged conduct – a death threat – is based on falsehoods and amounts to an act of workplace violence. The victim, a Doctor caring for gender nonconforming and transgendered patients, should be able to engage in this meaningful and necessary work without fear of physical harm or death. And although the Doctor is clearly a victim, Mr. Lindner’s threat is rooted in a hatred of the LGBTQIA+ community and the families, friends and people that love and support them. They are victims too,” said United States Attorney Rachael S. Rollins. “There used to be a respite and safe haven from harm or attack in our schools, churches, hospitals and courthouses.  We used to extend that decency and respect to even our fiercest adversaries.  Sadly, those days appear to be gone. The Department of Justice has pledged to protect the rights of the gender nonconforming and transgendered community, which includes the health care providers who render care and support. This office will vigorously investigate and prosecute individuals who engaged in hate crimes, including threats. Today’s charges show that we will scour the country to ensure the safety and wellbeing of people in Massachusetts. Hate has no place here.”

“Today, the FBI arrested Matthew Lindner for allegedly harassing and threatening to kill a physician at the Fenway Institute solely because she was caring for gender nonconforming children. While everyone has a right to express their opinion, they don’t have a right to use or threaten violence against individuals who do not share their same set of beliefs,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “No one should have to live in fear of violence because of who they are, what kind of work they do, where they are from, or what they believe. This case is unfortunately one of many others that illustrates FBI Boston’s commitment to thwarting potential violent incidents motivated by hate and bias and holding the individuals behind them accountable.”

According to the charging documents, in August 2022, inaccurate information spread online regarding procedures at Boston Children’s Hospital (BCH) for the transgender community. It is alleged that on Aug. 31, 2022, Lindner called the Boston-based National LGBTQIA+ Health Education Center and left a threatening voicemail targeting one of the Center’s affiliated doctors. In that voicemail, Lindner allegedly said: “You sick motherf*****s, you’re all gonna burn. There’s a group of people on their way to handle [victim]. You signed your own warrant, [victim]. Castrating our children. You’ve woken up enough people. And upset enough of us. And you signed your own ticket. Sleep well, you f******, c***.”

In August 2022, U.S. Attorney Rollins announced the creation of the “End Hate Now” hotline - 1-83-END-H8-NOW (1-833-634-8669) - for reporting hate-based incidents or potential criminal activity. Massachusetts residents and visitors are encouraged to call the hotline to report concerning or troubling incidents of hate, potential hate crimes, or concerns regarding individuals believed to be espousing the hate-filled views or actions we learn of far too often in the wake of mass shootings and/or acts of hate-based violent extremism. Callers are encouraged to leave their contact information but may remain anonymous. At this time, the hotline is available in English, Spanish, Cantonese and French.

The charge of transmitting interstate threats 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. 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.

U.S. Attorney Rollins and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Brian A. Fogerty of Rollins’ Human Trafficking & Civil Rights Unit is prosecuting the case.

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

BOSTON – A Rockland man was indicted yesterday by a federal grand jury in Boston on charges of distribution and possession of child sexual abuse material (CSAM).

Donald J. Caruso, 41, was indicted on one count of distribution of child pornography and one count of possession of child pornography. Caruso was previously arrested and charged on Nov. 7, 2022. 

According to the charging documents, in early-November 2022, Caruso used an online communication platform to send an undercover agent links to videos depicting the sexual abuse of children. A forensic examination of devices seized from Caruso’s residence allegedly revealed images and videos depicting CSAM. 

The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, a mandatory minimum of five years and up to a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Rachael S. Rollins; Matthew B. Millhollin, Special Agent in Charge of the Homeland Security Investigation’s in New England; Rockland Chief of Police Nicholas Zeoli; and Plymouth County District Attorney Timothy J. Cruz made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ 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.

BOSTON – A member of a violent Brockton drug crew pleaded guilty yesterday to fentanyl distribution and firearm charges in federal court in Boston.

Placido Pereira, 36, of Brockton, pleaded guilty to conspiracy to distribute fentanyl; three counts of distribution of fentanyl; one count of possession with the intent to distribute marijuana; one count of being a felon in possession of a firearm and ammunition; and one count of possessing a firearm during a drug trafficking offense. U.S. District Court Judge Richard G. Stearns scheduled sentencing for April 5, 2023. Pereira was indicted along with three co-conspirators in November 2019.
  
“Mr. Pereira has had many previous encounters with the criminal legal system, yet continues to engage in illegal activity. Most recently, he distributed fentanyl – a deadly synthetic opioid up to 50 times stronger than heroine and up to 100 times stronger than morphine – into the Brockton community and surrounding neighborhoods.  Although his criminal record strictly forbids him from doing so, Mr. Pereira also possessed a firearm to further his drug trafficking activities. Now, he is a federally convicted felon,” said United States Attorney Rachael S. Rollins. “We will continue to target all necessary federal resources into combatting the flow of opioids and narcotics into our state and making sure those with a substance use disorder get the treatment they need.”

“Pereira and his co-conspirators ran a drug trafficking enterprise that distributed deadly fentanyl in communities across southern Massachusetts, continuing the insidious expanse of the opioid crisis in our neighborhoods. Pereira’s record already shows multiple convictions related to his involvement in drug trafficking and today he adds several more. HSI is proud to work closely with our partners across the state to disrupt and dismantle drug trafficking organizations and keep drugs off our streets,” said Matthew Millhollin, Special Agent in Charge for Homeland Security Investigations in New England.

Law enforcement began investigating a violent Brockton-area drug crew that distributed large quantities of fentanyl throughout southeastern Massachusetts. The drug crew ran a fentanyl delivery service that encompassed all of Brockton as well as neighboring cities. Specifically, drug users/customers placed orders for fentanyl by contacting a cellphone maintained and shared by crew members, which included Pereira, Djoy Defrancesco, Jason Miranda and, allegedly, his brother Natalio Miranda, who worked together to deliver the fentanyl order. In September and October 2019, an undercover law enforcement officer made six purchases of fentanyl from members of the crew.

A search of Pereria’s Brockton home in October 2019 resulted in the seizure of a loaded firearm with an obliterated serial number, over $5,000 in cash, digital scales, marijuana packaged for sale and the cell phone used by members of the crew to distribute fentanyl. 

According to court records, in 2017, Pereira was convicted of unlawful possession of a firearm and possession with intent to distribute marijuana and was sentenced to three years in prison. In 2010, Pereira was arrested on drug trafficking charges at Logan Airport as he returned to the United States from Cape Verde and was later sentenced to 30 months in prison and three years of supervised release for conspiracy to distribute cocaine base. 

    On Sept. 14, 2022, Jason Miranda pleaded guilty to his role in the conspiracy and is scheduled to be sentenced on Jan. 18, 2023. Defrancesco was sentenced in June 2021 after previously pleading guilty.

The charge of conspiracy to distribute fentanyl and distribution of fentanyl provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $1 million. The charge of possession with intent to distribute marijuana provides for a maximum term of imprisonment of 5 years, supervised release for at least 2 years, and a fine of $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a $250,000 fine. The charge of possessing a firearm during a drug trafficking crime provides for a mandatory minimum sentence of five years and up to life in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
 
U.S. Attorney Rollins; HSI SAC Millhollin; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Brenda Perez; Brian Kyes, U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy J. Cruz made the announcement. Assistance was provided by the East Bridgewater, West Bridgewater, Whitman and Bridgewater State University Police Departments as well as the Plymouth County Sheriff’s Office. Assistant U.S. Attorney Christopher J. Pohl of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
 
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BOSTON – A Lawrence man has pleaded guilty in federal court in Boston to stealing the identity of a United States citizen to fraudulently obtain a United States passport.

Arciliano Gregorio Arias Suarez, 64, pleaded guilty on Nov. 30, 2022 to one count of aggravated identity theft, one count of false representation of a Social Security number and one count of passport fraud. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Feb. 28, 2023. Arias Suarez was arrested and charged in June 2021 and subsequently indicted by a federal grand jury in July 2021.

In January 2016, Arias Suarez submitted a U.S. passport application at a post office in Lawrence in the name of a United States citizen from New York. In support of the fraudulent passport application, Aris Suarez submitted copies of a Massachusetts driver’s license and a New York birth certificate, both in the victim’s name. Later, in May 2019, Aris Suarez submitted a license renewal application at the Lawrence Registry of Motor Vehicles (RMV) in the name of the same victim and provided the RMV with a copy of a U.S. passport, a Massachusetts driver’s license and a Social Security card all in the victim’s name. 

The charge of misrepresentation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years in prison to be served consecutively to any other sentence imposed, one year of supervised release and a fine of $250,000 or twice the gross gain or loss. The charge of passport fraud 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.

United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.